ARTICLE II. PLANS, PERMITS,
STANDARDS AND INSPECTIONS
Sec. 10-11.
Regulated land-disturbing activities; contents, submission and
approval of plans.
(a) Except as provided herein, no
person may engage in any land-disturbing activity until he has submitted to
the County Department of Environmental and Development Services an erosion
and sediment control plan (“plan”) for the land-disturbing activity and such
plan has been approved by the plan-approving authority.
Where land-disturbing activities involve
lands under the jurisdiction of more than one local erosion and sediment
control program, an erosion and sediment control plan, at the option of the
applicant, may be submitted to the Virginia Soil and Water Conservation
Board for review and approval rather than to each jurisdiction concerned.
Where the land-disturbing activity results
from the construction of a single-family detached dwelling, an "agreement in
lieu of a plan" may be substituted for an erosion and sediment control plan
if executed by the plan-approving authority.
(b) The standards contained within the Virginia Erosion
and Sediment Control Regulations and the Virginia Erosion and Sediment
Control Handbook are to be used by the applicant when making a submittal
under the provisions of this ordinance and in the preparation of an erosion
and sediment control plan. The plan-approving authority, in considering the
adequacy of a
submitted plan, shall
be guided by these same
standards, regulations and guidelines. When the standards vary between the
publications, the Virginia Erosion and Sediment Control Regulations shall
take precedence. In addition to the above standards, the following
requirements shall be met for plan submissions:
(1) A
minimum of four copies of the erosion and sediment control plan shall be
submitted for review and approval.
(2) Plan
sheet size shall be 24 inches by 36 inches.
(3)
Plans shall be prepared to an appropriate
engineer’s scale and the scale shall be shown on the plan. Scale shall be
no smaller than one inch equal to 100 feet.
(4)
The name of the project, the developer, the
owner of the property and the name, address, and telephone number of the
person or firm preparing the plan shall be listed on the plan.
(5)
The location and extent of any transitional
buffers, infiltration yards, environmental management areas (includes
Chesapeake Bay preservation areas), floodplain management areas, historic
resources management areas, tourist corridor management areas or watershed
management and protection areas that may be required by the application of
chapter 24.1 (zoning ordinance) of this code shall be shown on the plan.
(6)
The location, type, extent, owner’s name and
recordation information of any existing or proposed landscape,
conservation, preservation, drainage, utility, ingress/egress or similar
easements on the subject property or adjoining the property shall be shown
on the plan.
(7) Trees
proposed for preservation, their approximate drip line and the location,
type and extent of tree protection devices and measures to assure
preservation during clearing and subsequent development activity shall be
shown on the plan.
(8)
The sequence of construction outlining the
installation and removal of erosion and sediment control measures in
relationship to the development of the site shall be on the plan.
(9)
An itemized cost estimate detailing the expected
total construction costs of all erosion and sediment control measures
associated with the plan shall be prepared and submitted along with the
plan.
(c)
The plan-approving authority shall, within 45 days, approve any such
plan, if it is determined that the plan meets the requirements of the local control program, and if
the person responsible for carrying out the plan certifies that he or she
will properly perform the erosion and sediment control measures included in
the plan and will conform to the provisions of this ordinance.
(d)
The
plan shall be acted upon within 45 days from receipt thereof by either
approving said plan in writing or by disapproving said plan in writing and
giving specific reasons for its disapproval.
When the plan is determined to be inadequate,
the plan-approving authority shall specify such modifications, terms and
conditions that will permit approval of the plan. If no action is taken
within 45 days, the plan shall be deemed approved and the person authorized
to proceed with the proposed activity.
(e) Consistent with Code of
Virginia section 10.1-563(B), as a prerequisite to engaging in any
land-disturbing activities as shown on an approved plan, the person
responsible for implementing the erosion and sediment control plan shall
provide the name of a Responsible Land Disturber, who will be in charge of
and responsible for carrying out the land disturbing activity in accordance
with the approved plan. Failure to provide the name of an individual
holding a certificate of competence prior to engaging in land-disturbing
activities may result in revocation of the approval of the plan and the
person responsible for carrying out the plan shall be subject to the
penalties provided in this chapter.
(f) An approved
plan may be changed by the plan-approving authority when:
(1) The inspection reveals that the plan is inadequate to satisfy
applicable regulations; or
(2) The person responsible for carrying out the 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 ordinance, are agreed to by the plan-approving
authority and the person responsible for carrying out the plans.
(g) When 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.
(h) Consistent with Code of
Virginia section 10.1-563(D), electric, natural gas and telephone utility
companies, interstate and intrastate natural gas pipeline companies or
railroad companies shall file general erosion and sediment control
specifications annually with the Virginia Soil and Water Conservation Board
for review and approval. The specifications shall apply to:
(1) Construction, installation and
maintenance of electric, natural gas and telephone utility lines and
pipelines; and
(2) Construction of the tracks,
rights-of-way, bridges, communication facilities and other related
structures and facilities of the railroad company.
Individual County approval of separate
projects as described in (1) and (2), above, shall not be required provided
that Virginia Soil and Water Conservation Board approved specifications are
followed. Projects not described in (1) and (2) above shall comply with
the requirements of this ordinance.
(i) State agency projects are exempt
from the provisions of this chapter except as provided for in the Code of
Virginia, section 10.1-564.
(Ord. No. 03-15, 6/17/03) |