[Amended 10-20-2020]
The following terms and definitions, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. In addition, some terms not defined herein are defined in § 62.1-44.15:51 of the Erosion and Sediment Control Law.
The Erosion and Sediment Control Law, Article 2 (§ 62.1-44.15:51 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia and any subsequent amendments to the law enacted after the effective date of this chapter.
[Amended 10-20-2020]
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.
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."
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.
See "State Board."
[Amended 10-20-2020]
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.
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:
CERTIFIED INSPECTORAn employee or agent of the program authority who:
CERTIFIED PLAN REVIEWERAn employee or agent of the program authority who:
Holds a certificate of competence from the Board in the area of plan review;
Is enrolled in the Board's training program for plan review and successfully completes such program within one year after enrollment; or
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.
CERTIFIED PROGRAM ADMINISTRATORAn employee or agent of the program authority who:
CERTIFIED COMBINED ADMINISTRATORAn employee or agent of the program authority who:
Holds a certificate of competence from the Board in the combined areas of program authority, plan review and project inspection; or
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.
The contiguous area of a proposed residential, commercial, or industrial subdivision where the timing of the development of any one or multiple lots or parcels may result in separate and distinct construction activities taking place at different times on different schedules.
[Added 10-20-2020]
Those standards and specifications contained in the current edition of the Virginia Erosion and Sediment Control Handbook.
[Amended 10-20-2020[1]]
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 Environmental Quality.
[Amended 10-20-2020]
Land disturbance and the resulting landform associated with the construction of residential, commercial, industrial, institutional, recreation, transportation or utility facilities or structures or the clearing of land for nonagricultural or nonsilvicultural purposes.
[Amended 10-20-2020]
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 Environmental Quality.
[Amended 10-20-2020[2]]
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.
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:
ACCELERATED EROSIONErosion which is much more rapid than normal or geologic erosion, primarily as a result of the influence of the activities of man or, in some cases, of animals or natural catastrophes that expose bare surfaces (e.g., fires).
CHANNEL EROSIONThe erosion process whereby the volume and velocity of a concentrated flow wears away the bed and banks of a well-defined channel.
GEOLOGICAL EROSIONThe normal or natural erosion caused by geologic processes acting over long geologic periods and resulting in the wearing away of mountains or the build up of floodplains, coastal plains, etc. Synonymous with "natural erosion."
GULLY EROSIONThe erosion process whereby water accumulates in narrow channels and, over short periods, removes the soil from this narrow area to considerable depths, ranging from one-foot depths to as much as one-hundred-foot depths.
NATURAL EROSIONThe wearing away of the earth's surface by water, ice or other natural agents under natural environmental conditions of climate, vegetation, etc., undisturbed by man. Synonymous with "geological erosion."
NORMAL EROSIONThe gradual erosion of land used by man which does not greatly exceed natural erosion. See "natural erosion."
RILL EROSIONThe erosion process in which numerous small channels less than one foot deep are formed. "Rill erosion" occurs mainly on recently disturbed and exposed soils. (See also Subsection D, Gully erosion.)
RAINDROP EROSIONThe spattering of small soil particles caused by the impact of raindrops on wet soil. The loosened and spattered particles may or may not be subsequently removed by surface runoff.
SHEET EROSIONThe removal of a fairly uniform layer of soil from the land surface by runoff water.
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]
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.
[Amended 10-20-2020]
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.
The area adjacent to a channel, river, stream, or other water body that is susceptible to being inundated by water normally associated with the 100-year flood or storm event. This includes, but is not limited to, the floodplain designated by the Federal Emergency Management Agency.
[Added 10-20-2020]
The component of a natural or restored stormwater conveyance system that is outside the main channel. Flood-prone areas may include, but are not limited to, the floodplain, the floodway, the flood fringe, wetlands, riparian buffers, or other areas adjacent to the main channel.
[Added 10-20-2020]
A constructed device lined with erosion-resistant materials intended to convey water on steep grades.
An operation that involves the cutting and harvesting of trees.
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 Environmental Quality.
[Amended 10-20-2020]
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.
A control section composed of orifice(s), weir(s) and/or conduit(s) which release impounded runoff at a prescribed flow rate.
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.
A man-made change to the land surface that potentially changes the runoff characteristics.
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:
Minor land-disturbing activities such as home garden and individual home landscaping, repairs and maintenance work.
Individual service connections.
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.
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.
Permitted surface or deep mining.
[Amended 10-20-2020]
Permitted exploration or drilling for oil and gas, including the well site, roads, feeder lines and off-site disposal areas.
[Amended 10-20-2020]
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.
Repair or rebuilding of the tracks, right-of-way, bridges, communication facilities and other related structures and facilities of a railroad company.
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.
Disturbed land areas of less than 10,000 square feet.
[Amended 12-18-2007]
Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles.
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.
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]
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.
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.
A definite channel with bed and banks within which concentrated water flows continuously.
The County of Warren.
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.
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.
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.
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.
The maximum discharge instantaneous flow from a given storm event at a specific location.
[Amended 10-20-2020]
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.
An erosion and sediment control plan.
[Added 10-20-2020]
The County of Warren.
[Amended 12-18-2007; 10-20-2020]
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.
The Building Official for the County of Warren, who shall be properly certified.
[Amended 10-20-2020]
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.
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.
The Virginia Erosion and Sediment Control Regulations, 9VAC25-840-10 et seq., as amended.
[Added 10-20-2020]
An individual from the project or development team, who will be in charge and responsible for carrying out a land-disturbing activity covered by an agreement in lieu of a plan, when applicable, or an approved erosion and sediment control plan, who i) holds a certificate of competence as a responsible land disturber, or ii) holds a current certificate of competence from the board in the area of inspection, or iii) holds a current contractor certificate of competence for erosion and sediment control, or iv) is licensed in Virginia as a professional engineer, architect, certified landscape architect or land surveyor pursuant to § 54.1-400 et seq. of Chapter 4 of Title 54.1 of the Code of Virginia.
[Added 10-20-2020]
That portion of precipitation that is discharged across the land surface or through conveyances to one or more waterways.
A temporary impoundment built to retain sediment and debris with a controlled stormwater release structure.
A temporary impoundment built to retain sediment and debris which is formed by constructing an earthen embankment with a stone outlet.
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.
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.
A noncommercial detached structure when occupied as a dwelling unit exclusively by one family in accordance with the County Zoning Ordinance, Ch. 180, and/or the Virginia Uniform Statewide Building Code.
[Amended 10-20-2020]
A facility designed to control stormwater emanating from a specific site.
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 Environmental Quality.
[Amended 10-20-2020]
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.
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.
[Added 10-20-2020]
State Water Control Board.
[Added 10-20-2020]
The program administered by the Department of Environmental Quality, pursuant to Title 62.1 of the Code of Virginia and any subsequent amendments to such article, including regulations designed to minimize erosion and sedimentation.
[Amended 10-20-2020]
An approval to conduct a land-disturbing activity issued by the State Board in the form of a state stormwater individual permit or coverage issued under a state general permit or an approval issued by the State Board for stormwater discharges from an MS4. Under these state permits, the commonwealth imposes and enforces requirements pursuant to the federal Clean Water Act and regulations,[3] the Virginia Stormwater Management Act[4] and the regulations.
[Added 10-20-2020]
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.
Chapter 3.1(§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia.
[Added 10-20-2020]
All waters on the surface and under the ground wholly or partially within or bordering the commonwealth or within its jurisdiction, including wetlands.
[Added 10-20-2020]
TWO-YEAR-FREQUENCY STORMA 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 exceedance probability with a fifty-percent chance of being equaled or exceeded in any given year.
TEN-YEAR-FREQUENCY STORMA 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 exceedance of probability with a ten-percent chance of being equaled or exceeded in any given year.
TWENTY-FIVE-YEAR-FREQUENCY STORMA 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 exceedance of probability with a four-percent chance of being equaled or exceeded in any given year.
A structure through which stormwater is introduced into an underground conveyance system.
The process of temporarily impounding runoff and discharging it through a hydraulic outlet structure to a downstream conveyance system.
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.
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.
A document containing material for describing how existing runoff characteristics will be maintained by a land development project.
A horizontal projected area below the surface of the land that is frequently inundated by base flows or storm events.
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.[5]
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.[6]
A horizontal projected area that is frequently inundated by base flows or storm events.
The total drainage area contributing runoff to a single point.
[1]
Editor's Note: This ordinance also repealed the former definitions of "conservation district," "conservation district official," "conservation plan," and "conservation standards," which immediately followed.
[2]
Editor's Note: This ordinance also repealed the former definitions of "district (the Lord Fairfax Soil and Water Conservation District)" and "district committee," which immediately followed.
[3]
Editor's Note: See 33. U.S.C. § 1251 et seq.
[4]
Editor's Note: See § 62.1-44.15:24 et seq., Code of Virginia,
[5]
Editor's Note: The former definition of "ten-year-frequency storm," which immediately followed this definition, was repealed 10-20-2020. See now the definition of "storm frequency."
[6]
Editor's Note: The former definitions of "twenty-five-year-frequency storm" and "two-year-frequency storm," which immediately followed this definition, were repealed 10-20-2020. See now the definition of "storm frequency."