[HISTORY: Adopted by the Board of Supervisors
of Warren County 3-16-1999.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Bridges and dams — See Ch. 72.
Building construction — See Ch. 76.
Subdivision of land — See Ch. 155.
Zoning — See Ch. 180.
[1]
Editor's Note: This chapter also superseded
former Ch. 150, Soil Erosion and Sedimentation Control, adopted 8-6-1990.
[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."
[Amended 10-20-2020]
The Warren County Board of Supervisors has determined
that the land and waters comprising the watersheds of the County of
Warren, including the Town of Front Royal which lies within the County,
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 § 62.1-44.15:54
of the Code of Virginia 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:
A.
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.
B.
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.
C.
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.
[Amended 12-18-2007]
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.
A.
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.
B.
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.
C.
Multijurisdictional. When a land-disturbing activity
involves land under the jurisdiction of more than one local control
program, the owner may request that one jurisdiction review and administer
the authority. Both jurisdictions must agree to this.
[Amended 10-20-2020]
D.
Agreement in lieu of a plan.
(1)
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.
(2)
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.
E.
Development.
(1)
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.
(2)
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.
(3)
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.
F.
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.
G.
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 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.
[Amended 10-20-2020]
[Amended 10-20-2020]
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
(9VAC25-840).
[Amended 12-18-2007; 10-20-2020]
A.
Plan submittal. Any landowner applying for a land-disturbing
permit, when required by this chapter, shall submit with his application
a minimum of two complete sets (or one digital and one complete set)
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:
(1)
Narrative.
(a)
A project description detailing the nature and
purpose of the land-disturbing activity and the amount of area that
is to be disturbed.
(b)
A description of existing topography, vegetation
and drainage.
(c)
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.
(d)
A description of soils on the site, providing
the soil names, mapping unit, erodibility, permeability, depths, texture
and soil structure.
(e)
A description of all areas on site which have
potentially serious erosion problems.
(f)
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.
(g)
A description, including specifications, of
how the site will be stabilized after construction is completed.
(h)
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.
(i)
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.
(j)
Design calculations for any structures installed,
such as but not limited to sediment basins, diversions, waterways
and stormwater runoff detention basins.
(2)
Site plan.
(a)
Site plan drawings shall contain a vicinity
plan, unless otherwise approved by the County.
(b)
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.
(c)
Site plan drawings shall show existing vegetative
conditions on drawings.
(d)
Site plan drawings shall show boundaries for
all the different soil types on the drawings.
(e)
All drawings shall indicate the relationship
of the site to magnetic North.
(f)
Drawings shall indicate all areas with a potentially
serious erosion hazard as determined by the County.
(g)
Drawings shall show the dividing lines and the
direction of flow for different drainage areas.
(h)
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.
(i)
Drawings shall show all significant geological
features such as caverns, floodplain limits, major rock outcroppings,
pond sites, sink holes, waste disposal areas and wetlands.
(j)
Drawings shall show all existing and proposed
structures such as buildings, roads, parking lots, utilities, etc.
(k)
Drawings shall show the locations of all erosion
and sediment controls and the stormwater management practices proposed
for use on the site.
(l)
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.
B.
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 approval within 45
days of receipt of a complete 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.
(1)
Approved plan. All erosion and sediment control plans
shall be approved and granted approval within 45 days from receipt
of a complete 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.
(2)
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 a complete 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.
(3)
Modifications to approved plan. An approved plan may
be changed by the County Plan Review Authority in the following cases:
(a)
Where inspection has revealed that the plan
is inadequate to satisfy applicable regulations; or
(b)
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.
(4)
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:
(a)
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.
(b)
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.
(c)
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.
(5)
Utilities and railroad. Electric and telephone utility
companies and railroad companies are exempt from local jurisdiction.
A.
Permit required.
(1)
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.
(2)
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.
B.
Criteria for determining status of land-disturbing
activity.
(1)
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.
(2)
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.
(3)
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.
(4)
Whenever a land-disturbing activity involves activity
at a separate location (including but not limited to borrow and disposal
areas), the County may either:
(a)
Consider the off-site activity as being part
of the proposed land-disturbing activity; or
(b)
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.
A.
Bond requirements; amount; refund.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
A.
Permit fees. As so provided under § 62.1-44.15:54
of the Code of Virginia, 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.
[Amended 12-18-2007; 10-20-2020]
B.
Permit refunds.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
C.
Permit renewals.
(1)
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.
(2)
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.
A.
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:
[Amended 12-18-2007]
B.
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.
C.
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.
D.
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.
E.
Required inspections shall be made of all permitted
land-disturbing projects as follows:
[Amended 12-18-2007]
(1)
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.
(2)
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.
A.
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.
B.
Stop-work order.
(1)
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.
(2)
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 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.
[Amended 10-20-2020]
(3)
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.
(4)
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.
(5)
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 § 62.1-44.15:64 of
the Code of Virginia, or its successor statute.
[Amended 10-20-2020]
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.
A.
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.
B.
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.
C.
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 (§ 2.2-4000 et seq.).
[Amended 10-20-2020]
[Amended 6-15-2010; 10-20-2020]
In accordance with Subsection K of § 62.1-44.15:54,
any person who violates any regulation or order of the 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.
A.
Civil penalties.
(1)
The civil penalty for any one violation shall be not
less than $100 nor more than $1,000.
(2)
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.
(3)
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.
(4)
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.
B.
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:
(1)
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
(2)
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.
[Amended 12-18-2007; 10-20-2020]
A.
As so provided in the Code of Virginia, § 62.1-44.15:64,
Certification of Local Program Personnel:
(1)
A plan shall not be approved by the County and/or
the district until it is reviewed by a certified plan reviewer.
(2)
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.
(3)
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.
B.
In accordance with the Virginia Erosion and Sediment
Control Certification Regulations 9VAC25-850-50 and the most current
amendments by the Virginia Soil and Water Conservation Board or its
successor regulations:
(1)
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.
(2)
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.
