[HISTORY: Adopted by the Board of Supervisors of Warren County 3-16-1999. Amendments noted where applicable.]
Bridges and dams — See Ch. 72.
Building construction — See Ch. 76.
Subdivision of land — See Ch. 155.
Zoning — See Ch. 180.
Editor's Note: This chapter also superseded former Ch. 150, Soil Erosion and Sedimentation Control, adopted 8-6-1990.
The following terms and definitions, when used in this chapter, shall have the following meanings:
- The Erosion and Sediment Control Law, Article 4 (§ 10.1-560 et seq.) of Chapter 5 of Title 10.1 of the Code of Virginia and any subsequent amendments to the law enacted after the effective date of this chapter.
- ADEQUATE CHANNEL
- A watercourse that will convey the designated frequency storm event without overtopping its banks or causing erosion damage to the bed, banks and overbank sections of the same.
- The engineer, surveyor, contractor or other person authorized by the landowner to act on the landowner's behalf.
- AGREEMENT IN LIEU OF PLAN
- A contract between the County of Warren and the owner which specifies conservation measures which must be implemented in the construction of a single-family residence and any accessory buildings. This agreement may be executed by the County in lieu of an erosion and sediment control plan. Wherever in this chapter reference is made to "plan" or "erosion and sediment control plan," such term shall include the term "agreement in lieu of a plan."
- AGRICULTURAL OPERATION
- An operation permitted as a matter of right by zoning or by conditional use permit to engage in agricultural activities such as the tilling, planting and harvesting of agricultural crops and the keeping of domestic livestock.
- Any person submitting an erosion and sediment control plan or an agreement in lieu of a plan for approval or requesting the issuance of a permit, when required by this chapter, authorizing land-disturbing activities to commence.
- The Virginia Soil and Water Conservation Board.
- Disturbance of land by the excavating and removal of soil, not regulated by the Virginia Division of Mines, Minerals and Energy, for the purpose of transporting to another location.
- BUILDING SITE (ALSO CONSTRUCTION SITE)
- All land areas where any regulated land-disturbing activity is being conducted or is proposed.
- A temporary structure span constructed across a flowing watercourse or wetland to allow construction traffic to access the area without causing erosion damage.
- As applicable to the Erosion and Sediment Control Certification Regulations, the process whereby the Board, on behalf of the Commonwealth, issues a certificate to persons who have completed training programs or in other ways demonstrated adequate knowledge in the specified subject areas of:
- (1) Holds a certificate of competence from the Board in the area of plan review;
- (2) Is enrolled in the Board's training program for plan review and successfully completes such program within one year after enrollment; or
- (3) Is licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia.
- (1) Holds a certificate of competence from the Board in the combined areas of program authority, plan review and project inspection; or
- (2) Is enrolled in the Board's training program for program administrator, plan reviewer and project inspection and successfully completes such program within one year after enrollment.
- A natural stream or man-made waterway.
- Any activity which removes the vegetative ground cover, including but not limited to the removal of root material and/or the removal of top soil.
- A watertight temporary structure in a river, lake, etc., for keeping the water from an enclosed area that has been pumped dry so that bridge foundations, dams, etc., may be constructed.
- CONSERVATION CONTROL MEASURES
- Those standards and specifications contained in the current edition of the Virginia Erosion and Sediment Control Handbook.
- CONSERVATION DISTRICT (ALSO DISTRICT)
- The Lord Fairfax Soil and Water Conservation District or its successors.
- CONSERVATION DISTRICT OFFICIAL
- The Board of Directors of the Lord Fairfax Soil and Water Conservation District, members of its staff and its successors.
- CONSERVATION PLAN
- An Erosion and Sediment Control Plan.
- CONSERVATION STANDARDS
- The current edition of the Standards and Specifications adopted by the Virginia Soil and Water Conservation Board as contained in the most current edition of the Virginia Erosion and Sediment Control Handbook.
- The County of Warren (also the "program authority").
- A barrier to confine or raise water for storage or diversion, to create a hydraulic head, to prevent gully erosion or to retain soil, rock or other debris.
- A condition of the land when the land has been physically disturbed and no longer supports vegetative cover.
- The Department of Conservation and Recreation.
- A tract or parcel of land developed or to be developed as a single unit under single ownership or unified control which is to be used for any business or industrial purposes or is to contain three or more residential dwelling units.
- An embankment to confine or control water, especially one built along the banks of a river to prevent overflow of lowlands; a levee.
- The Director of the Department of Conservation and Recreation.
- DISTRICT (THE LORD FAIRFAX SOIL AND WATER CONSERVATION DISTRICT)
- A political subdivision of the commonwealth organized in accordance with the provisions of Article 3 (§ 10.1-506 et seq.) of Chapter 5 of Title 10.1 of the Code of Virginia.
- DISTRICT COMMITTEE
- The Lord Fairfax Soil and Water Conservation District, Erosion and Sediment Control Plan Review Committee.
- A channel with a supporting earthen ridge on the lower side constructed across or at the bottom of a slope for the purpose of intercepting surface runoff.
- Denuded land that is not actively being brought to a desired grade or condition.
- ENERGY DISSIPATOR
- A nonerodable structure which reduces the velocity of concentrated flow to reduce its erosive effects.
- The wearing away of the land surface by running water, wind, ice or other geological agents, including such processes as gravitational creep or detachment and movement of soil or rock fragments by water, ice or gravity. The following terms are used to describe different types of water erosion:
- EROSION IMPACT AREA
- An area of land not associated with a current land-disturbing
activity but subject to persistent soil erosion resulting in the delivery
of sediment onto neighboring properties or into state waters. This
definition shall not apply to any lot or parcel of land of 10,000
square feet or less used for residential purposes or to shorelines
where the erosion results from wave action or coastal processes.[Amended 12-18-2007]
- EROSION AND SEDIMENT CONTROL PLAN (ALSO CONSERVATION PLAN OR PLAN)
- A document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information with needed interpretations; and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions and all information deemed necessary by the plan-approving authority to assure that the entire unit or units of land will be so treated to achieve the conservation objectives.
- FILL (ALSO FILLING)
- The depositing and/or stockpiling of earth materials.
- A volume of water that is too great to be confined within the banks or walls of the stream, water body or conveyance system and that overflows onto adjacent lands, causing or threatening damage.
- A constructed device lined with erosion-resistant materials intended to convey water on steep grades.
- FORESTRY OPERATION
- An operation that involves the cutting and harvesting of trees.
- HANDBOOK (ALSO E & S HANDBOOK)
- The current edition of the Virginia Erosion and Sediment Control Handbook with such amendments, modifications and supplements as may be adopted by the Virginia Department of Conservation and Recreation's Division of Soil and Water Conservation.
- HORTICULTURAL OPERATION
- An operation permitted as a matter of right by zoning or by conditional use permit to engage in commercial horticultural operations such as, but not limited to, plant nurseries, greenhouses and orchids, whether open or closed to the public.
- HYDRAULIC OUTLET STRUCTURE
- A control section composed of orifice(s), weir(s) and/or conduit(s) which release impounded runoff at a prescribed flow rate.
- HYDRAULIC UNIT
- A defined land area drained by a river/stream or system of connecting rivers/streams such that all surface water within the area flows through a single outlet.
- LAND DEVELOPMENT
- A man-made change to the land surface that potentially changes the runoff characteristics.
- LAND-DISTURBING ACTIVITY
- Any land change which may result in soil erosion from water or wind and the movement of sediments into the state waters or onto lands in the commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land, except that the term shall not include:
- A. Minor land-disturbing activities such as home garden and individual home landscaping, repairs and maintenance work.
- B. Individual service connections.
- C. Installation, maintenance or repair of any underground public utility lines when such activity occurs on an existing hard-surfaced road, street or sidewalk, provided that the land-disturbing activity is confined to the area of the road, street or sidewalk which is hard surfaced.
- D. Septic tank lines or drainage fields unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system.
- E. Surface or deep mining.
- F. Exploration or drilling for oil and gas, including the well site, roads, feeder lines and off-site disposal areas.
- G. Tilling, planting or harvesting of agricultural, horticultural or forest crops or livestock feedlot operations; including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection B of § 10.1-1.163.
- H. Repair or rebuilding of the tracks, right-of-way, bridges, communication facilities and other related structures and facilities of a railroad company.
- I. Agricultural engineering operations, including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the provisions of the Dam Safety Act, Article 2 (§ 10.1-604 et seq.) of Chapter 6 of Title 10.1 of the Code of Virginia, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation.
- J. Disturbed land areas of less than 10,000 square feet.[Amended 12-18-2007]
- K. Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles.
- L. Shore erosion projects on tidal waters when the projects are approved by local wetland boards, the Marine Resources Commission or the United States Army Corps of Engineers.
- M. Maintenance of public and private roads not maintained by a governmental agency or department, provided all work is limited to regraveling, surface grading of gravel surfaces and the clearing and cleaning of debris and sedimentation from existing stormwater conveyance channels, culverts and other permanently installed erosion and sediment control or stormwater management control devices.[Amended 12-18-2007]
- N. Emergency work to protect life, limb or property and emergency repairs; however, if the land-disturbing activity would have required an approved erosion and sediment control plan, if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of the plan-approving authority.
- LAND-DISTURBING PERMIT
- A permit issued by the County authorizing a property owner to engage in a land-disturbing activity in accordance with the requirements of this chapter.
- Any activity, including but not limited to establishing, changing or maintaining lawns, ornamental shrubs, flowers and trees.
- LIVE WATERCOURSE
- A definite channel with bed and banks within which concentrated water flows continuously.
- The County of Warren.
- LOCAL EROSION AND SEDIMENTATION CONTROL PROGRAM (ALSO LOCAL CONTROL PROGRAM)
- An outline of the various methods employed by the program authority to regulate land-disturbing activities and thereby minimize erosion and sedimentation in compliance with the state program and may include such items as local ordinances, policies and guidelines, technical materials, inspection, enforcement and evaluation.
- LOCAL STORMWATER MANAGEMENT PROGRAM (ALSO LOCAL STORMWATER PROGRAM)
- A statement of the various methods employed by the County of Warren to manage the runoff from land development projects and may include such items as local ordinances, policies and guidelines, technical materials, inspections, enforcement and evaluation.
- NATURAL STREAM
- Nontidal waterways that are part of the natural topography. They usually maintain a continuous or seasonal flow during the year and are characterized as being irregular in cross-section with a meandering course. Constructed channels such as drainage ditches or swales shall not be considered natural streams.
- A material, e.g., riprap, concrete, plastic, etc., that will not experience surface wear due to natural forces.
- NONPOINT SOURCE POLLUTION
- Pollution whose sources cannot be pinpointed but rather is washed from the land surface in a diffuse manner by stormwater runoff.
- The owner or owners of the freehold of the premises, or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a property.
- PEAK DISCHARGE
- The maximum discharge instantanious flow from a given storm event at a specific location.
- PERMIT ISSUING AUTHORITY
- The County of Warren (also "County").
- The person to whom the permit authorizing land-disturbing activities is issued, the person certifying that the approved erosion and sediment control plan will be followed and/or that person responsible for carrying out the plan.
- Any individual, partnership, firm, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, County, city, town or other political subdivision of the commonwealth, any interstate body or any other legal entity.
- PLAN APPROVING AUTHORITY
- The County of Warren. The Lord Fairfax Soil and Water Conservation
District Plan Review Committee may serve as plan review consultant
to the County for all erosion and sediment control plans for projects
involving one acre and greater disturbed area.[Amended 12-18-2007]
- Conditions that may be reasonably expected or anticipated to exist after completion of the land development activity on a specific site or tract of land.
- Conditions that exist at the time plans for the development of a tract of land are approved by the plan approval authority. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time the first item is approved or permitted shall establish predevelopment conditions.
- PROGRAM ADMINISTRATOR
- The Building Official for the County of Warren, certified by the Virginia Soil and Water Conservation Board in accordance with the Virginia Erosion and Sediment Control Certification Regulations as a "Program Administrator."
- PROGRAM AUTHORITY
- The County through its Department of Building Inspections or any other agency, department or office that may be so appointed by the Warren County Board of Supervisors.
- REGIONAL PLAN
- A document containing material describing how runoff from predevelopment land, subdivisions and future planned development areas within a watershed will be controlled by coordinated design and implementation of regional stormwater management facilities.
- That portion of precipitation that is discharged across the land surface or through conveyances to one or more waterways.
- SEDIMENT BASIN
- A temporary impoundment built to retain sediment and debris with a controlled stormwater release structure.
- SEDIMENT TRAP
- A temporary impoundment built to retain sediment and debris which is formed by constructing an earthen embankment with a stone outlet.
- SHEET FLOW
- Shallow unconcentrated and irregular flow down a slope. The length of a strip for overland flow usually does not exceed 200 feet under natural conditions.
- SHORE EROSION CONTROL PROJECT
- An erosion control project approved by the local wetlands boards, the Virginia Marine Resources Commission, the Virginia Department of Environmental Quality or the United States Army Corps of Engineers and located on tidal waters and within nonvegetated or vegetated wetlands as defined in Title 28.2 of the Code of Virginia.
- SINGLE-FAMILY DWELLING
- A noncommercial detached structure when occupied as a dwelling unit exclusively by one family in accordance with the County Zoning Ordinance or the Virginia Uniform Statewide Building Code.
- SITE-SPECIFIC STORMWATER MANAGEMENT FACILITY
- A facility designed to control stormwater emanating from a specific site.
- SLOPE DRAIN
- Tubing or conduit made of nonerosive material extending from the top to the bottom of a cut or fill slope with an energy dissipater at the outlet.
- The written procedures, requirements or plans to control erosion and sedimentation as officially adopted by the Department of Conservation and Recreation's Division of Soil and Water Conservation.
- SPECIFIC-POINT SOURCE POLLUTION-
- Pollution whose source has been pinpointed to be originating from a specific location.
- An area that has been treated to withstand normal exposure to natural forces of atmospheric conditions without incurring erosion damage.
- STATE EROSION AND SEDIMENT CONTROL PROGRAM
- The program administered by the Department of Conservation and Recreation's Division of Soil and Water Conservation Board, pursuant to Title 10.1, Chapter 5, Article 4 of the Code of Virginia and any subsequent amendments to such article, including regulations designed to minimize erosion and sedimentation.
- STATE PROJECTS
- The construction of any facility or expansion of an existing facility which is hereafter undertaken by any state agency, board, commission, authority or any branch of state government, including state-supported institutions of higher learning, including any land-disturbance activity in connection therewith.
- STATE WATERS
- All waters on the surface and under the ground wholly or partially within or bordering the commonwealth or within its jurisdiction.
- STORM SEWER INLET
- A structure through which stormwater is introduced into an underground conveyance system.
- STORMWATER DETENTION
- The process of temporarily impounding runoff and discharging it through a hydraulic outlet structure to a downstream conveyance system.
- STORMWATER RETENTION
- A method or device by which stormwater runoff is retained in accordance with the standards and specifications contained in this chapter, the most current edition of the Virginia Erosion and Sediment Control Handbook and/or good engineering design and practices.
- STORMWATER MANAGEMENT FACILITY
- A device or structure that controls the free-flowing stormwater runoff and changes the characteristics of that runoff, including but not limited to the quality, the period of release or the velocity of flow.
- STORMWATER MANAGEMENT PLAN
- A document containing material for describing how existing runoff characteristics will be maintained by a land development project.
- SUBSURFACE-WATER SEEPAGE PLANE
- A horizontal projected area below the surface of the land that is frequently inundated by base flows or storm events.
- TEMPORARY VEHICULAR STREAM CROSSING
- A temporary nonerodible structure span installed across a flowing watercourse for use by construction traffic. Structures may include bridges, round pipes or pipe arches constructed on or through nonerodible material.
- TEN-YEAR FREQUENCY STORM
- A storm event that is capable of producing rainfall expected to be equaled or exceeded on the average of once in 10 years. It may also be expressed as an exceedence of probability with a ten-percent chance of being equaled or exceeded in any given year.
- The moving of earth materials from one place to another, other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover either by tracking or the building of earth materials to the extent that erosion and sedimentation will result from the soil or earth materials over which such transportation occurs.
- The Town of Front Royal.
- TWENTY-FIVE-YEAR-FREQUENCY STORM
- A storm event that is capable of producing rainfall expected to be equaled or exceeded on the average of once in 25 years. It may also be expressed as an exceedence probability with a four-percent chance of being equaled or exceeded in any given year.
- TWO-YEAR-FREQUENCY STORM
- A storm event that is capable of producing rainfall expected to be equaled or exceeded on the average of once in two years. It may also be expressed as an exceedence probability with a fifty-percent chance of being equaled or exceeded in any given year.
- WATER SEEPAGE PLANE
- A horizontal projected area that is frequently inundated by base flows or storm events.
- The total drainage area contributing runoff to a single point.
The Warren County Board of Supervisors has determined that the land and waters comprising the watersheds of the County of Warren are a great natural resource; that, as a result of erosion of lands and sediment deposits in waters within the watershed, said waters are being polluted and despoiled to such a degree that fish, aquatic life, recreation and other uses of lands and waters are adversely affected; that the rapid shift in land use from agriculture to nonagricultural uses has accelerated the process of soil erosion and sedimentation; and, further, that it is necessary to form the basis for the administration, implementation and enforcement of this chapter and the Virginia Erosion and Sediment Control Regulations as so provided under § 10.1-562 of the Code of Virginia, in cooperation with the Virginia Department of Conservation and Recreation and the Lord Fairfax Soil and Water Conservation District to conserve and protect the lands, waters and other natural resources of the commonwealth. The intent is to establish the framework for compliance with the Act while at the same time providing flexibility for innovative solutions to erosion and sediment control concerns.
This chapter and the regulations contained within set forth minimum standards for the effective control of soil erosion, sediment deposition and nonagricultural runoff that must be met to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources. These regulations shall:
Be based on relevant physical and developmental information concerning the watersheds and drainage basins of the commonwealth, including but not limited to data relating to land use, soils, hydrology, geology, size of land area being disturbed, proximate water bodies and their characteristics, transportation and public facilities and services.
Include such survey of lands and waters as may be deemed appropriate by the Virginia Soil and Water Conservation Board or required by any applicable law to identify areas, including multijurisdictional and watersheds areas with critical erosion and sediment problems.
Contain conservation standards for various types of soil and land uses, which shall include criteria, techniques and methods for the control of erosion and sediment resulting from land-disturbing activities.
See § 150-1, Definitions, “land-disturbing activity.”
[Amended 9-18-2001; 12-18-2007]
It shall be unlawful for any person to engage in any regulated land-disturbing activity, as defined in §§ 150-1 and 150-4 of this chapter until he has submitted an erosion and sediment control plan to the County for the land-disturbing activity, the plan has been reviewed, approved and a land-disturbing permit has been issued by the County authorizing the land-disturbing activity to commence. No permits for grading, building or other activities involving a land-disturbing activity shall be issued by the County unless the applicant submits with his application an approved erosion and sediment control plan, certification that the plan will be followed and an approved security for performance. A land-disturbing permit application may be submitted with an erosion control plan being submitted for review and approval; however, no permit will be issued until the plan is approved and provided all other requirements for permit approval have been met.
Landowner's responsibility. When a land-disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the preparation, submission and approval of an erosion and sediment control plan shall be the responsibility of the owner. The approved plan shall remain on-site at all times for review by the County inspectors.
Contractor's responsibility. Contractors performing construction work shall verify that an erosion and sediment control plan has been approved and a land-disturbing permit has been issued prior to commencing any land-disturbing activity.
Multijurisdictional. When a land-disturbing activity involves land under the jurisdiction of more than one local control program, the owner may option to submit his plan to the Virginia Soil and Water Conservation Board for review and approval rather than submittal to each jurisdiction concerned.
Agreement in lieu of a plan.
Where the land-disturbing activity results from the construction of a detached single-family dwelling or a duplex dwelling unit, townhouse or other residential accessory building or structure, an agreement in lieu of a plan may be submitted to the County for the purpose of obtaining a land-disturbing permit, provided the agreement is executed by the County.
Exception. An applicant for a land-disturbing permit to develop an individual building site in a residential development, when one acre or less in area, and the overall percent slope of the site exceeds 4:1 (25%), shall submit a lot grading plan showing existing and proposed final grades with contours drawn at two-foot intervals clearly depicting the sites final drainage patterns for stormwater runoff.
An erosion and sediment control plan shall be filed for a development, and the buildings constructed within the development, regardless of the phasing of construction.
If individual lots or sections in a residential development are being developed by different property owners, all land-disturbing activities related to the building construction shall be covered by an erosion and sediment control plan or, when approved by the program administrator, an agreement in lieu of a plan signed by the property owner. See 150-5D, Agreement in lieu of a plan, above.
Land-disturbing activity of less than 10,000 square feet on individual lots in a residential development shall not be considered exempt from the provisions of the act and these regulations if the total land-disturbing activity in the development is equal to or greater than 10,000 square feet.
Erosion impact areas. It shall be unlawful for any person who owns land within the County willfully to suffer or permit portions of his or her land to remain in such condition that soil erosion and sedimentation causes reasonably avoidable damage or harm to adjacent properties or downstream properties, roads, streams, lakes or ponds. The Administrator, on his own initiative or upon receipt of a complaint from any citizen, shall make an inspection of the property in question and notify the owner of any such land when such condition has been identified by the Administrator to be an erosion impact area and shall, at the Administrator's discretion, require such landowner to submit an erosion and sediment control plan for review, approval and implementation of said plan. If the landowner fails or refuses to submit such plan within the time(s) specified by the Administrator or if the owner fails or refuses to provide the controls required by the Administrator, within the time period specified, the owner shall be subject to the provision of § 150-14 hereof for such violation, provided that the Administrator may, for good cause shown, extend the period of such compliance for a reasonable time. In addition to all other remedies, the Administrator may, upon proper findings, proceed in accordance with § 150-14.
State agency projects. A state agency shall not undertake a project involving a land-disturbing activity unless the state agency has submitted annual specifications for its conduct of a land-disturbing activities which have been reviewed and approved by the Department as being consistent with the state program or the state agency has submitted a conservation plan for the project which has been reviewed and approved by the Department. The state agency responsible for the land-disturbing activity shall ensure compliance with the approved plan or specifications.
The minimum standards for the effective control of soil erosion, sedimentation deposition and nonagricultural runoff shall be those standards and specifications contained in the most current edition of the Virginia Erosion and Sediment Control Regulations (4VAC50-30-40), adopted by the Virginia Soil and Water Conservation Board, located in the Appendix of this chapter.
Plan submittal. Any landowner applying for a land-disturbing permit, when required by this chapter, shall submit with his application a minimum of three complete sets of an erosion and sediment control plan to the County. The plan shall be a two-part document comprised of a narrative description and detailed site plan drawings for the proposed land-disturbing activity. Each part shall contain the following information as a minimum requirement for approval:
A project description detailing the nature and purpose of the land-disturbing activity and the amount of area that is to be disturbed.
A description of existing topography, vegetation and drainage.
A description of neighboring areas, such as streams, water impoundments, wetlands, commercial and residential development roads, rights-of-way, easements or any other areas which could be affected by the land-disturbing activity.
A description of soils on the site, providing the soil names, mapping unit, erodibility, permeability, depths, texture and soil structure.
A description of all areas on site which have potentially serious erosion problems.
A description of the methods which will be used to control erosion and sedimentation on site, which must satisfy the minimum standards in this chapter and the minimum criteria, standards and specifications in the current edition of the Virginia Erosion and Sediment Control Handbook.
A description, including specifications, of how the site will be stabilized after construction is completed.
Verification that the development of the site will not result in increased peak rates of runoff and inclusion of all calculations. If an increase is shown, the plan must verify that all off-site receiving channels are of adequate size to handle the additional runoff of water. If channels are not adequate, the plan shall describe the stormwater control structures to be used. The minimum standards in this chapter and the minimum criteria, standards and specifications from the current edition of the Virginia Erosion and Sediment Control Handbook shall be met.
A schedule for work to be performed, to include the project starting date, the date by which all temporary control devices and structures will be installed, the date by which all permanent control devices and structures will be installed and the date by which the project will become permanently stabilized.
Design calculations for any structures installed, such as but not limited to sediment basins, diversions, waterways and stormwater runoff detention basins.
Site plan drawings shall contain a vicinity plan, unless otherwise approved by the County.
Site plan drawings shall be drawn to scale, showing the existing contours of the site as well as the final contours at five-foot intervals, unless otherwise approved by the County with all notations being clearly legible.
Site plan drawings shall show existing vegetative conditions on drawings.
Site plan drawings shall show boundaries for all the different soil types on the drawings.
All drawings shall indicate the relationship of the site to magnetic North.
Drawings shall indicate all areas with a potentially serious erosion hazard as determined by the County.
Drawings shall show the dividing lines and the direction of flow for different drainage areas.
Drawings shall show the proposed limits of all clearing and grading (including. all cut and fill areas) and state the entire disturbed area in the general notes.
Drawings shall show all significant geological features such as caverns, floodplain limits, major rock outcroppings, pond sites, sink holes, waste disposal areas and wetlands.
Drawings shall show all existing and proposed structures such as buildings, roads, parking lots, utilities, etc.
Drawings shall show the locations of all erosion and sediment controls and the stormwater management practices proposed for use on the site.
Drawings shall show all off-site areas for any land-disturbing activities (i.e., borrow sites and waste areas, etc.) Show location for all erosion controls necessary to provide protection of the off-site areas.
Plan review approval. The Plan Approving Authority shall review all erosion and sediment control plans submitted to the County. The Plan Approving Authority shall grant written approval within 45 days of receipt of the plan after the Plan Approving Authority has determined that the plan meets the requirements of this chapter and if the individual, person, firm or corporation responsible for carrying out the plan certifies that they will properly perform the conservation measures included in the plan. Any land-disturbing activity, authorized under an agreement in lieu of a plan, when determined by the Program Administrator to be an erosion impact area, may require an erosion and sediment control plan be submitted for approval by the County.
Approved plan. All erosion and sediment control plans shall be approved and granted written approval within 45 days from receipt of the plan if it is determined that the plan meets the requirements of the Board’s regulations and this chapter and provided the person responsible for carrying out the plan certifies that he will properly perform the conservation measures included in the plan. A copy of approved plans stamped by the County must be maintained on the site at all times during construction for review by the County inspectors.
Disapproved plan. When a plan is determined to be inadequate, the applicant shall be provided written notice of disapproval of a plan, stating the specific reasons for disapproval, within 45 days from receipt of the plan. The notice shall specify the modifications, terms and conditions that will permit approval of the plan. If no action is taken within the time specified above, the plan shall be deemed approved and the person authorized to proceed with the proposed activity.
Modifications to approved plan. An approved plan may be changed by the County Plan Review Authority in the following cases:
Where inspection has revealed that the plan is inadequate to satisfy applicable regulations; or
Where the person responsible for carrying out the approved plan finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out and proposed amendments to the plan, consistent with the requirements of this chapter, are agreed to by the district, the Administrator and the person responsible for carrying out the plan.
Variances. The Plan Approving Authority may waive or modify any of the regulations that are deemed inappropriate or too restrictive for site conditions by granting a variance. A variance may be granted under the following conditions:
At the time of plan submission, an applicant may request a variance to become part of the approved erosion and sediment control plan. The applicant shall explain the reasons for requesting variances in writing. Specific variances which are allowed by the Plan Approving Authority shall be documented in the plan.
During construction, the person responsible for implementing the approved plan may request a variance, in writing, to the Plan Approving Authority. The Plan Approving Authority shall respond, in writing, either approving or disapproving such a request. If the Plan Approving Authority does not approve a variance within 10 days of receipt of the request, the request shall be considered to be disapproved. Following disapproval, the applicant may resubmit a variance request with additional documentation in support of the variance request.
The Plan Approving Authority shall consider variance requests judiciously, keeping in mind both the need of the applicant to maximize cost effectiveness and the need to protect off-site properties and resources from damage.
Utilities and railroad. Electric and telephone utility companies and railroad companies are exempt from local jurisdiction and shall file general erosion and sediment control specifications with the Board.
No agency authorized under any other law to issue grading, building or other permits for activities involving land disturbances shall issue any such permit unless the applicant submits with his application an approved erosion and sediment control plan and/or certification of plan approval from the Plan Approving Authority. No person shall engage in any land-disturbing activity, as defined in this chapter, within the County, until a land-disturbing permit has been issued authorizing such activity. A land-disturbing permit shall be issued only after the Plan Approving Authority has approved an erosion and sediment control plan for such activity, all fees have been paid, there is certification from the owner that the plan will be followed and the owner has provided acceptable surety for performance.
Such permit shall be kept on the site of operations and posted for public inspection until the project is completed. The approved plans shall remain on site for review by the inspectors throughout the construction of the project.
Criteria for determining status of land-disturbing activity.
The Program Administrator shall determine the validity of a claim of exempt status by a property owner who disturbs 10,000 square feet of land or more. As soon as a nonexempt status is determined, the requirements of the Act shall be immediately enforced.
Should a land-disturbing activity not begin during the one-hundred-eighty-day period following plan approval or cease for more than 180 days, the County may evaluate the existing approved erosion and sediment control plan to determine whether the plan still satisfies County and state erosion and sediment control criteria and to verify that all design factors are still valid. If the County finds the previously filed plan to be inadequate, a modified plan shall be submitted and approved prior to the resumption of the land-disturbing activity.
Shore erosion control projects are not subject to these regulations. However, land-disturbing activities immediately outside the limits of the shore erosion project is subject to the Act and this chapter.
Whenever a land-disturbing activity involves activity at a separate location (including but not limited to borrow and disposal areas), the County may either:
Consider the off-site activity as being part of the proposed land-disturbing activity; or
If the off-site activity is already covered by an approved erosion and sediment control plan, the County may require the applicant to provide proof of the approval and to certify that the plan will be implemented in accordance with the Act and these regulations.
Bond requirements; amount; refund.
Prior to the issuing of a land-disturbing permit the County may require the applicant to submit a reasonable performance bond with surety, cash escrow, letter of credit, any combination thereof or such legal arrangement acceptable to the County to ensure that measures could be taken by the County at the applicant's expense should the applicant fail, after proper notice, within the time specified to initiate or maintain appropriate conservation action which may be required of the applicant by the approved plan as a result of the land-disturbing activity.
The amount of the bond or other security for performance shall not exceed the total of the estimated cost to initiate and maintain appropriate conservation action based on unit price for new public or private sector construction in the locality and a reasonable allowance for estimated administrative costs and inflation which shall not exceed 35% of the estimated cost of the conservation action.
If the County takes such conservation action upon such failure by the permittee the County may collect from the permittee for the difference should the amount of the reasonable cost of such action exceed the amount of the security held.
Within 60 days of the achievement of adequate stabilization of the land-disturbing activity, the bond, cash escrow, letter of credit or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated based upon the percentage of stabilization accomplished in the project or section thereof. These requirements are in addition to all other provisions of law relating to the issuance of such permits and are not intended to otherwise affect the requirements for such permits.
Permit fees. As so provided under Title 10.1 of the Code of Virginia, § 10.1-562-I, there shall be a fee charged for each land-disturbing permit issued as compensation to the County for its services of administrative processing, plan review, inspections and permit renewals, according to the fees set by the Warren County Board of Supervisors, a copy of which is listed in the Appendix of this chapter, and including, in addition thereto, an additional fee as established by the plan review consultant (Lord Fairfax Soil and Water Conservation District Plan Review Committee, or other designated consultant) if the plans are forwarded to the plan review consultant. Such fees shall be payable to the Treasurer of Warren County, delivered to the permit issuing authority at the time application is made.
Any permit application that is withdrawn prior to any action to review the plan shall be entitled to a refund of any fees paid, less an administrative fee of $10 for processing.
Any permit applicant whose plan is withdrawn after action has been taken to review and approve or disapprove the plan shall be entitled to a refund of any fees paid, less an administrative processing fee of $10 and the plan review fee.
Any permit applicant whose plan is withdrawn due to the desire to abandon the project authorized by the permit issuing authority shall be entitled to a refund of all fees paid, less the administrative processing fee, the plans review fee and less any cost to the County for any inspections performed prior to abandonment of the project and/or any inspections necessary to verify the site is stabilized as defined in this chapter.
Any additional money that has to be expended by the County in order to bring the project into compliance for its completion or to stabilize those disturbed areas as deemed necessary by the County may be taken from the applicant's surety bond when the permittee fails to provide the necessary control measures within the time period specified by the program administrator or the district.
All land-disturbing permits issued by the County shall be valid for a period of 12 months. Any land-disturbing activity that has not been completed within 12 months from the date of issue for the land-disturbing permit, for a fee, as established by the Warren County Board of Supervisors, shall be renewed for an additional period of six months, provided that all work has been found by the Program Administrator to be satisfactory and in compliance with the approved plan. However, land-disturbing permits issued under an agreement in lieu of a plan, when construction activity for the development of the site is also authorized by an approved, active building permit.
Any permit holder who plans to abandon a land-disturbing activity either permanently or temporarily shall notify the Program Administrator and inform him/her as to the circumstances for such abandonment.
At such time as an application for a land-disturbing permit is submitted, the owner shall be informed by a notice of inspection statement included on all permit applications that an inspection of the site will be made once every two weeks and following all significant storm events, during normal working hours. The owner’s signature on the permit application is acknowledgment that he has been informed of such inspections and that the County is authorized entry upon the property during reasonable hours for the purpose of making investigations and inspections relating to the compliance with the provisions of this chapter and in any of the following circumstances:
All erosion and sediment control structures and systems shall be installed as called for in the approved plan or agreement in lieu of a plan and shall be inspected and repaired as needed to ensure continued performance of their intended function.
The owner, permittee, agent or contractor responsible for work related to the land-disturbing activity shall notify and schedule a preconstruction site inspection, prior to the commencing of any land-disturbing activities.
The administrator or his duly designated agent shall give no approvals for any construction to commence or to continue when it has been determined by inspection that all erosion control measures called for on the approved erosion and sediment control plan have not been installed as required, are improperly installed or when an agreement in lieu of an erosion control plan has been accepted and all necessary erosion control measures have not been installed or have not been installed correctly.
Required inspections shall be made of all permitted land-disturbing projects as follows:
The certified responsible land disturber shall submit written inspection reports immediately following initial installation of erosion and sediment controls, at least once in every two-week period, and within 48 hours following any runoff-producing storm event.
County erosion control compliance inspectors shall inspect each permitted site in accordance with its alternative inspection policy approved by the Board, at the completion of the project, and prior to the release of any performance bonds.
Violation-correction notices. When it has been determined by the Program Administrator or his duly designated agent that the permittee has failed to comply with the provisions of an approved plan, or with the standards and specifications for any erosion and sediment control measures necessary to adequately control erosion on the site under an agreement in lieu of a plan, the Administrator, or his duly designated agent, shall serve notice to comply upon the permittee or the person responsible for carrying out the plan notice, by registered or certified mail to the address specified in the permit application or in the plan certification or by delivery at the site of the land-disturbing activities to the agent or employee supervising such activities, where the plan approving authority serves notice. A copy of the notice to comply shall also be sent to the issuer of the permit. The notice to comply shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. Upon failure to comply within the time specified, the permit may be revoked and the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this chapter and shall be subject to the penalties provided by this chapter.
Upon receipt of a sworn complaint of a violation of § 150-5, 150-8 or 150-11 of this chapter from the representative of the Plan Approving Authority, the Program Administrator, or his designee, in conjunction with or subsequent to a notice to comply as specified in Subsection A above, may issue an order ("stop-work order") requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken or, if land-disturbing activities have commenced without an approved plan and permit as required in § 150-5, requiring that all of the land-disturbing activities be stopped until an erosion and sediment control plan has been approved for the land-disturbing activity and approved by the Plan Approving Authority and a land-disturbing permit has been obtained.
Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watershed of the commonwealth, or where the land-disturbing activities have commenced without an approved plan or any required permits, a stop-work order may be issued whether or not the alleged violator has been issued a notice to comply as specified in Subsection A above; otherwise a stop-work order may be issued only after the alleged violator has failed to comply with a notice to comply. The stop-work order order shall be served in the same manner as a notice to comply and shall remain in effect for seven days from the date of service, pending application by the enforcing authority or alleged violator for appropriate relief to circuit court of the jurisdiction wherein the violation was alleged to have occurred.
If the alleged violator has not obtained an approved plan or any required permits within seven days from the date of service of the stop-work order, the Program Administrator may issue an order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved plan and any required permits have been obtained. Such an order shall be served upon the owner, by registered or certified mail to the address specified in the permit application or the land records of the locality in which the site is located.
The owner may appeal the issuance of a stop-work order to the circuit court of the jurisdiction wherein the violation was alleged to have occurred.
Any person violating or failing, neglecting or refusing to obey an order issued by the Program Administrator may be compelled in a proceeding instituted in the circuit court of the jurisdiction wherein the violation was alleged to have occurred to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. Upon completion and approval of corrective action or obtaining an approved plan or any required permits, the order shall immediately be lifted. Nothing in this section shall prevent the Administrator or the Administrator's designee from taking any other action as specified in this chapter or as provided under § 10.1-569 of the Code of Virginia, or its successor statute.
Any person who is aggrieved by any action of the County in disapproving plans and specifications submitted pursuant to this chapter, or in the interpretation of the applicable standards and specifications contained in the Virginia Erosion and Sediment Control Handbook and any regulations contained in this chapter shall have the right of appeal of any such action.
The final decision of the County shall be subject to review by the Circuit Court of Warren County, provided that an appeal is filed within 30 days from the date of any written decision adversely affecting the rights, duties or privileges of the person, firm or corporation engaging in or proposing to engage in land-disturbing activities.
Final decisions of the district shall be subject to an administrative review by the Board, provided that an appeal is filed within 30 days from the date of the written decision.
Final decisions of the Board either upon its own action or upon the review of the action of a district shall be subject to judicial review in accordance with the provisions of the Administrative Process Act (§ 9-6.14:1 et seq. of the Code of Virginia, 1950 as amended).
In accordance with Subsection J of § 10.1-562 and § 10.0-569 of the Code of Virginia, 1950 as amended or its successor statute, any person who violates any regulation or order of the Virginia Soil and Water Conservation Board or the County, any condition of a permit issued by the County or any provision of this chapter shall, upon a finding of an appropriate general district court, be assessed a civil penalty in accordance with the schedule. The Program Administrator, Deputy to the Administrator or a certified inspector for the County may issue a summons for the collection of the civil penalty, and the action may be prosecuted by the County. In any trial for a scheduled violation, it shall be the burden of the County to show the liability of the violator by a preponderance of the evidence. An admission or finding of liability shall not be a criminal conviction for any purposes. Any civil penalties assessed by a court shall be paid into the Treasury of Warren County; except, where the violator is the County, the court shall direct the penalty to be paid into the State Treasury.
The civil penalty for any one violation shall be not less than $100 nor more than $1,000.
Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of $3,000, except that a series of violations arising from the commencement of land-disturbing activities without an approved plan for any site shall not result in civil penalties which exceed a total of $10,000.
Without limiting the remedies which may be obtained in this chapter, any person violating or failing, neglecting or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this chapter shall be subject, in the dissection of the court, to a civil penalty not to exceed $2,000 for each violation. A civil action for such violation or failure may be brought by the County. Any civil penalties assessed by a court shall be paid into the County Treasury, except that where the violator is the County the court shall direct the penalty to be paid into the State Treasury.
With the consent of any person who has violated or failed, neglected or refused to obey any regulation or order of the County, district, Board or Plan Approving or Permit Issuing Authority any condition of a permit or any provision of this chapter, the Program Administrator, district, Board or Plan Approving or Permit Issuing Authority may provide in an order issued against such person for the payment of civil charges for violations in specific sums, not to exceed the limit specified by this chapter. Such civil charges shall be instead of any appropriate civil penalty which could be imposed by this chapter.
Injunctions. The County as the program and permit-issuing authority, the Board or the owner of property which has sustained damage or which is in imminent danger of being damaged may apply to the Warren County Circuit Court to enjoin a violation or a threatened violation under § 150-5, 150-8 or 150-11 of this chapter without the necessity of showing that an adequate remedy at law does not exist; however, an owner of property shall not apply for injunctive relief unless:
He has notified, in writing, the person who has violated the local program and the Program Authority that a violation of the local program has caused or creates a probability of causing damage to his property; and
Neither the person, firm or corporation who or which has violated the local program nor the Program Authority has taken corrective action within 15 days to eliminate the conditions which have caused, or create the probability of causing, damage to their property.
As so provided in the Code of Virginia, § 10.1-561.1, Certification of Local Program Personnel:
A conservation plan shall not be approved by the County and/or the district until it is reviewed by a certified plan reviewer.
Inspections of land-disturbing activities shall be conducted by the certified responsible land disturber designated on the land-disturbing permit application and by County inspectors certified by the Board.
That individual so designated by the Warren County Board of Supervisors as the Program Administrator shall be a certified program administrator. The Program Administrator, certified plans reviewer and certified project inspector may be the same person when that individual is certified as a certified combined administrator.
In accordance with the Virginia Erosion and Sediment Control Certification Regulations 4VAC-50-50 and the most current amendments by the Virginia Soil and Water Conservation Board or its successor regulations:
Any individual who shall become employed by the County, and who shall be required in the job description for his position to perform any and/or all of the functions of the Warren County Erosion and Sediment Control Program shall obtain the necessary certificate(s) of competency from the Board within one year from the anniversary of his or her employment date.
Any person licensed in Virginia as a certified professional engineer, architect, landscape architect or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1, the Code of Virginia, shall qualify as a certified plan reviewer and will not require a certificate of competence from the Board.