As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATORThe official charged with the enforcement of this chapter as designated by the governing body.
AGRICULTURAL LANDSThose lands used for the planting and harvesting of crops or plant growth of any kind in the open, pasture, horticulture, dairying, floriculture or raising of poultry and/or livestock.
APPLICANTAny person who is responsible for any undertaking that requires a site plan development process or a building permit.
BEST MANAGEMENT PRACTICE or BMPA practice, or a combination of practices, that is determined by a state or designated area-wide planning agency to be the most effective, practical means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with water quality goals.
BUFFER AREAAn area of natural or established vegetation managed to protect other components of a Resource Protection Area and state waters from significant degradation due to land disturbances.
CHESAPEAKE BAY PRESERVATION AREA or CBPAAny land designated by Northumberland County pursuant to Part III of the Chesapeake Bay Preservation Area Designation and Management Regulations, 9VAC10-20 et seq., and § 10.1-2107 of the Code of Virginia. The Chesapeake Bay Preservation Area consists of Resource Protection Areas and Resource Management Areas.
CIRCUIT COURTThe Circuit Court of Northumberland County, Virginia.
CONSTRUCTION FOOTPRINTThe area of all impervious surface, including but not limited to buildings, roads and drives, parking areas, sidewalks and the area necessary for construction of such improvements.
COUNTYThe County of Northumberland, Virginia.
DEVELOPMENTThe construction or substantial alteration of residential, commercial, industrial, institutional, recreation, transportation or utility facilities or structures.
GOVERNING BODYThe Board of Supervisors of Northumberland County, Virginia.
HIGHLY ERODIBLE SOILSSoils (excluding vegetation) with an erodibility index (EI) from sheet and rill erosion equal to or greater than eight. The erodibility index for any soil is defined as the product of the formula "RKLS/T," where "K" is the soil susceptibility to water erosion in the surface layer; "R" is the rainfall and runoff; "LS" is the combined effects of slope length and steepness; and "T" is the soil loss tolerance.
HIGHLY PERMEABLE SOILSSoils with a given potential to transmit water through the soil profile, specifically those identified as any soil having a permeability equal to or greater than six inches of water movement per hour in any part of the soil profile to a depth of 72 inches (permeability groups "rapid" and "very rapid") as found in the "National Soil Survey Handbook" of November 1996, in the Field Office Technical Guide of the United States Department of Agriculture Natural Resources Conservation Service.
IMPERVIOUS COVERA surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces include but are not limited to roofs, buildings, streets, parking areas and any concrete, asphalt or compacted gravel surface.
NONPOINT SOURCE POLLUTIONPollution consisting of constituents such as sediment, nutrients and organic and toxic substances from diffuse sources, such as runoff from agriculture and urban land development and use.
NONTIDAL WETLANDSThose wetlands other than tidal wetlands that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the United States Environmental Protection Agency pursuant to Section 404 of the Federal Clean Water Act, in 33 CFR 328.3b.
NOXIOUS WEEDSWeeds that are difficult to control effectively, such as Johnson grass, kudzu and multiflora rose.
PERSONAn individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization or any other entity acting as a unit.
REDEVELOPMENTThe process of developing land that is or has been previously developed.
RESOURCE MANAGEMENT AREA or RMAThat component of the Chesapeake Bay Preservation Area that is not classified as the Resource Protection Area. Resource Management Areas include land types that, if improperly used or developed, have the potential for causing significant water quality degradation or for diminishing the functional value of the Resource Protection Area.
RESOURCE PROTECTION AREA or RPAThat component of the Chesapeake Bay Preservation Area comprised of lands adjacent to water bodies with perennial flow that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may result in significant degradation to the quality of state waters.
SILVICULTURAL ACTIVITIESForest management activities, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation that are conducted in accordance with the silvicultural best management practices developed and enforced by the State Forester pursuant to § 10.1-1105 of the Code of Virginia and are located on property defined as real estate devoted to forest use under § 58.1-3230 of the Code of Virginia.
SITE PLAN DEVELOPMENT PROCESSThe process for site plan or subdivision plat review to ensure compliance with § 10.1-2109 of the Code of Virginia and this chapter, prior to any clearing or grading of a site or the issuance of a building permit.
SUBSTANTIAL ALTERATIONExpansion or modification of a building or development that would result in a disturbance of land exceeding an area of 2,500 square feet in the Resource Management Area only.
[Added 10-14-2004]
Land contiguous to a tidal body of water between the mean low-water level and the mean high-water level.
TIDAL WETLANDSVegetated and nonvegetated wetlands as defined in § 28.2-1300 of the Code of Virginia.
WATER-DEPENDENT FACILITYA development of land that cannot exist outside of the Resource Protection Area and must be located on the shoreline by reason of the intrinsic nature of its operation. These facilities include but are not limited to ports; the intake and outfall structures of power plants, water treatment plants, sewage treatment plants and storm sewers; marinas and other boat docking structures; beaches and other public water-oriented recreation areas; and fisheries or other marine resources facilities.