This chapter shall be known as the "Erosion and Sediment Control
Ordinance of Shenandoah County." The purpose of this chapter is to
prevent the degradation of properties, stream channels, waters and
other natural resources of Shenandoah County by establishing requirements
for the control of soil erosion, sediment deposition and nonagricultural
runoff and by establishing procedures whereby these requirements shall
be administered and enforced. This chapter is authorized by the Code
of Virginia, Title 62.1, Chapter 3.1, Article 2.4, known as the "Virginia
Erosion and Sediment Control Law."
As used in the chapter, unless the context requires a different
meaning, the following terms shall have the meanings indicated:
ACT
The Erosion and Sediment Control Law, Article 2.4 of Chapter
3.1 of Title 62.1 of the Code of Virginia.
AGREEMENT IN LIEU OF A PLAN ("AGREEMENT IN LIEU")
A written agreement between the County and the owner which
specifies conservation measures which must be implemented in the construction
of a single-family dwelling. In certain instances as specified in
this chapter, an agreement in lieu may be executed by the County in
lieu of a formal ESC plan.
APPLICANT
Any person submitting an ESC plan for approval or requesting
the issuance of a permit, when required, authorizing land-disturbing
activities to commence.
BOARD
The State Water Control Board.
CERTIFIED INSPECTOR
An employee or agent of the County who holds a certificate
of competence from the Board in the area of erosion and sediment control
project inspection or is enrolled in the Board's training program
for project inspection and successfully completes such program within
one year after enrollment.
CERTIFIED PLAN REVIEWER
An employee or agent of the County who holds a certificate
of competence from the Board in the area of erosion and sediment control
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 ADMINISTRATOR
An employee or agent of the County who holds a certificate
of competence from the Board in the area of erosion and sediment control
program administration or is enrolled in the Board's training
program for program administration and successfully completes such
program within one year after enrollment.
CLEARING
Any activity which removes the vegetative growth cover, including,
but not limited to, root mat removal and/or topsoil removal.
COUNTY
The County of Shenandoah.
DEPARTMENT
The Virginia Department of Environmental Quality (DEQ).
DEVELOPMENT
A tract 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 purpose or is to contain three or more
residential dwelling units.
EROSION AND SEDIMENT CONTROL PLAN ("ESC 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 County to assure that the entire unit or units of land will
be treated to achieve the conservation objectives. Plans for residential
subdivisions must also include an overall lot grading plan.
EROSION AND SEDIMENT CONTROL PROGRAM ("ESC PROGRAM")
A program approved by the Board that has been established
by the County for the effective control of soil erosion, sediment
deposition, and nonagricultural runoff associated with a land-disturbing
activity to prevent the unreasonable degradation of properties, stream
channels, waters, and other natural resources and shall include such
items where applicable as local ordinances, rules, permit requirements,
annual standards and specifications, policies and guidelines, technical
materials, and requirements for plan review, inspection, enforcement
where authorized in this article, and evaluation consistent with the
requirements of this article and its associated regulations.
EROSION IMPACT AREA
An area of land not associated with 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.
EXCAVATING
Any digging, scooping or other methods of removing earth
materials.
FILLING
Any depositing or stockpiling of earth materials.
GRADING
Any excavating or filling of earth materials or any combination
thereof, including the land in its excavated or filled condition.
LAND-DISTURBANCE PERMIT
A permit or other form of approval issued by the County for
the clearing, filling, excavating, grading, transporting of land or
for any combination thereof or for any other land-disturbing activity.
LAND-DISTURBING ACTIVITY
Any man-made change to the land surface that may result in
soil erosion from water or wind and the movement of sediments into
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 gardens 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.
Permitted surface or deep mining operations and projects, or
oil and gas operations and projects conducted pursuant to Title 45.1
of the Code of Virginia;
F.
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 § 10.1-1163;
G.
Repair or rebuilding of the tracks, rights-of-way, bridges,
communication facilities, and other related structures and facilities
of a railroad company;
H.
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 (Code of Virginia, § 10.1-604 et seq.),
ditches, strip cropping, lister furrowing, contour cultivating, contour
furrowing, land drainage, and land irrigation;
I.
Disturbed land areas of less than 10,000 square feet in size,
except that land-disturbing activities, on individual lots in a residential
development shall not be considered exempt if the total land-disturbing
activity in the development is equal to or greater than 10,000 square
feet;
J.
Installation of fence and sign posts or telephone and electric
poles and other kinds of posts and poles;
K.
Emergency work or repairs to protect life, limb or property;
however, if the land-disturbing activity would have required an approved
ESC 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 County; and
L.
State agency projects except as provided for in the Code of
Virginia § 62.1-44.15:56.
NATURAL CHANNEL DESIGNS CONCEPT
The utilization of engineering analysis and fluvial geomorphic
processes to create, rehabilitate, restore, or stabilize an open conveyance
system for the purpose of creating or recreating a stream that conveys
its bank full storm event within its banks and allows larger flows
to access its bank full bench and its floodplain.
OWNER
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 owner shall be responsible for obtaining
all permits and approvals required.
PEAK FLOW RATE
The maximum instantaneous flow from a given storm condition
at a particular location.
PERMITTEE
The person to whom the land-disturbance permit is issued
or the person who certifies that the approved ESC plan will be followed.
PERSON
Any individual, partnership, firm, association, 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, governmental body,
including a federal or state entity as applicable, any interstate
body, or any other legal entity.
PROGRAM ADMINISTRATOR
The official designated by the County to serve as its agent
to administer the ESC program. The program administrator shall be
a certified program administrator and may also be, but is not required
to be, a certified plan reviewer or certified inspector.
REGULATIONS
The erosion and sediment control regulations contained in
9 VAC 25-840 et seq., as amended.
RESPONSIBLE LAND DISTURBER (RLD)
An individual holding a certificate issued by DEQ, who is
responsible for carrying out the land-disturbing activity in accordance
with the approved ESC plan. The RLD may be the owner, applicant, permittee,
designer, superintendent, project manager, contractor, or any other
project or development team member. The RLD must be designated on
the ESC plan or land-disturbance permit as a prerequisite for engaging
in any land-disturbance.
RUNOFF VOLUME
The volume of water that runs off the land development project
from a prescribed storm event.
STATE PERMIT
An approval to conduct a land-disturbing activity issued
by the Board in the form of a state stormwater individual permit or
coverage issued under a state construction general permit.
STATE WATERS
All waters on the surface and under the ground wholly or
partially within or bordering the commonwealth or within its jurisdiction.
TRANSPORTING
Any 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 buildup of earth materials to the extent that erosion and sedimentation
will result from the soil or earth materials over which such transporting
occurs.
WATER QUALITY VOLUME
The volume equal to the first 1/2 inch of runoff multiplied
by the impervious surface of the land development project.
In accordance with Code of Virginia, § 62.1-44.15:62,
final decisions of the County under this chapter shall be subject
to review by the Shenandoah County Circuit Court, provided an appeal
is filed within 30 days from the date of any written decision adversely
affecting the rights, duties, or privileges of the person engaging
in or proposing to engage in land-disturbing activities.