York County, Virginia
Board of Supervisors'
Meeting Minutes

Regular Meeting
July 16, 2002
7:00 P.M.

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Attendance. The following members of the Board of Supervisors were present: Walter C. Zaremba, Sheila S. Noll, Donald E. Wiggins, James S. Burgett, and Thomas G. Shepperd.

Also in attendance were James O. McReynolds, County Administrator; and James E. Barnett, County Attorney.

Invocation. Pastor M. A. Truckenmiller from Tabb Church of God gave the invocation.

Pledge of Allegiance to the Flag of the United States of America. Chairman Wiggins led the Pledge of Allegiance.

HIGHWAY MATTERS

Mr. John Mazur, Assistant Resident Engineer, Virginia Department of Transportation, appeared to discuss highway matters of interest to the Board of Supervisors. He reported that progress on Route 621 (Dare Road) turn lane project at Constitution Drive was underway. Completion should be in a couple of months. He informed Mr. Wiggins he was still working on the previous issue on Wildey Road.

Mr. Burgett reported that at the intersection of Vine Drive and Lindsay Landing Lane, the road was breaking up due to the heavy construction vehicles working the sewer project. He stated that on Lakeside Drive, where the new subdivision was being developed, there was a depression in the road that needed repair. He mentioned the Commercial Vehicle Parking Ordinance and asked VDOT to re-paint the center lines in York Crossing as they had been.

Mr. Shepperd thanked Mr. Mazur for responding so quickly to his request for road repairs in the Wilson Farm area. He mentioned a pothole on Route 134 that was in need of repair.

Mr. Mazur explained the sinkhole on Route 134 was temporarily filled in with gravel and stone, and a pipe underneath had become disengaged which caused the erosion. He encouraged phone calls to report these types of safety problems.

Mrs. Noll mentioned she was still looking for reflectors at the Route 17/171 intersection.

Mr. Mazur replied that the request had been forwarded on to the Traffic Engineering Division.

Mr. Zaremba inquired what the VDOT cycle was for paving subdivision streets that have been incorporated into the VDOT system. He asked about resurfacing and how often a subdivision would be resurfaced.

Mr. Mazur replied that resurfacing depended on the condition of the subdivision, but as a rule of thumb, possibly ten to fifteen years. He then explained the conditions necessary for resurfacing.

Mr. Zaremba asked for VDOT's help repairing a pothole on Royal Grant Drive that is filled in every few months, but is not permanently repaired. He asked that they permanently fix the road.

Chairman Wiggins thanked Mr. Mazur for his help this past week with the drainage problems in the York Point area. He stated he was delighted that the drainage problems in that area were now being addressed by VDOT.

PRESENTATIONS

YORK COUNTY BOARDS AND COMMISSIONS

Chairman Wiggins introduced and welcomed the following newly appointed members to York County Boards and Commissions, and presented them with Boards and Commissions Handbooks and York County pins.

Nicholas F. Barba Planning Commission
Michael A. Bossie Stormwater Advisory Committee
Richard H. Carver Stormwater Advisory Committee
Lucien Lafrenaye Stormwater Advisory Committee
Beth Lail Stormwater Advisory Committee
Matthew B. Teasdale Stormwater Advisory Committee

EMPLOYEE RECOGNITION PROGRAM

Chairman Wiggins congratulated Ms. Stella M. Hill for having attained 25 years of service with the County, and then presented Ms. Hill with a 25-year service pin and certificate.

YORK COUNTY ARTS COMMISSION

Ms. Anne B. Smith Director of Community Services, made a presentation on the York County Arts Commission, which is responsible for reviewing work of arts organizations and making recommendations to the Board for its financial support. The Commission's recommendation includes $53,500 for FY2003, and there is a state grant of an additional $5,000. The Board then viewed a video clip from Channel 46 entitled Showcase of the Arts.

CITIZENS COMMENT PERIOD

Mrs. Sheila McMahon, 105 Rich Road, spoke on concerns regarding her property and the new Wal-Mart. She stated when Wal-Mart was first proposed, she met with Mrs. Noll and other County officials, and promises were made that have not been carried out. She indicated problems with the appearance, lighting, and the trash surrounding the shopping center. She then provided photographs of her property to the Board illustrating her backyard view of Wal-Mart.

Mr. Pat McMahon, 105 Rich Road, voiced his concerns with regard to the Wal-Mart located behind his home. He felt the promises that were made to the residents in that area were not carried out, and no one wanted to talk about the issues. He was told there would be two retention ponds; now there is one. He voiced concern with the aeration in order to keep the mosquitoes away. He stated the residents were told a traffic light on Victory Boulevard by Wal-Mart would not be installed, but one has been erected, and he felt it was a hazard. He suggested a sign that reads "Do not block Rich Road" be erected.

COUNTY ATTORNEY REPORTS AND REQUESTS

Mr. Barnett reported on a meeting of the Hampton Roads Planning District Commission to discuss the regional approach to cable TV franchises in the future. He explained some of the advantages of a franchise agreement. He reminded the Board that he would be on vacation next week, and that the Assistant County Attorney may possibly be out at the same time on maternity leave.

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

Mr. McReynolds reminded the Board of its next regularly scheduled meeting on August 6, 2002, with a work session scheduled on August 13 to discuss Personnel Policies and Procedures, the Purchasing Ordinance, and Board Policies. He addressed the negotiations with the Watermen's Museum, including easement acquisitions, property transactions, a replacement deck and pier, and compensation for their loss of revenue from any ships that dock at the museum pier.

Discussion ensued regarding the ownership of the property surrounding the Watermen's Museum.

Mr. Zaremba encouraged the citizens to watch the replay of this evening's work session for more details of the riverfront revitalization. He suggested that the information on the waterfront be included in the next issue of Citizen's News.

MATTERS PRESENTED BY THE BOARD

Mr. Zaremba spoke on the July 4th celebrations held in Yorktown, and stated he felt that dignitaries should be invited to attend the July 4th celebrations in the future since Yorktown is where the Battle of Independence was won. He discussed the subdivision of Old Quaker Estates and the residents' wells that are beginning to produce unacceptable water or no water at all. He asked staff to look into the matter and advise the residents when connection to city water would become available.

Meeting Recessed: At 7:59 p.m. Chairman Wiggins declared a short recess.

Meeting Reconvened: At 8:09 p.m. the meeting was reconvened in open session by order of the Chair.

PUBLIC HEARINGS

AMENDMENT TO YORK COUNTY CODE: SEWAGE DISPOSAL AND SEWERS

Mr. McReynolds made a presentation on proposed Ordinance No. 02-6(R-1) to increase the initial sewer connection and maintenance fees, delete unnecessary language, and adopt the State's Board of Health Sewage Handling and Disposal Regulations.

Mr. Shepperd asked for an explanation of the timeframe for a builder to begin construction being reduced from within 90 days to within 30 days of the sewer facilities' completion.

Mr. Brian Woodward, Chief of Utilities, stated the goal of changing this section of the ordinance is to provide the homeowner with a finished product. He explained that when builders are released into a development too soon before the developer has completed the site improvements, a conflict in the construction sequence of events occurs. He reviewed some of the problems and conflicting interests and stated the goal was to get the developer to finish as much of the construction as possible prior to releasing the builders into the development. He further explained that the 30 days would coincide with the sewer inspection process.

Discussion followed concerning the issuance of a building permit if it is determined that the public sewer facilities will be completed within 30 days, a proposed reduction in time from 90 days, and the nature of complaints received by staff concerning the existing 90-day timeframe.

Chairman Wiggins called to order a public hearing on proposed Ordinance 02-6(R1) which was duly advertised as required by law and is entitled:

AN ORDINANCE TO AMEND VARIOUS SECTIONS OF CHAPTER 18.1, SEWAGE DISPOSAL AND SEWERS, YORK COUNTY CODE, INCREASING THE INITIAL CONNECTION FEE AND MAINTENANCE FEES, DELETING UNNECESSARY LANGUAGE, AND ADOPTING THE COMMONWEALTH OF VIRGINIA STATE BOARD OF HEALTH SEWAGE HANDLING AND DISPOSAL REGULATIONS

Mr. Lamont Myers, 108 Pheasant Watch, appeared to suggest that in cases where the builder and developer are the same entity, it was up to them to make their customers happy. He proposed that for those entities the 90 days remain in place. He explained the County had control with the Certificate of Occupancy process.

There being no one else present who wished to speak concerning the subject ordinance, Chairman Wiggins closed the public hearing.

Mr. Burgett wanted to be sure of the ramifications of the proposed amendment to Section 18.1-63(c)(1) of the proposed ordinance before its adoption.

Mrs. Noll stated the Board could amend it at any time.

After further discussion, by consensus the Board agreed to retain the existing 90-day period in Section 18.1-63(c)(1).

Discussion then ensued concerning the sewer fee increases and the actual cost of sewer line construction versus what the builder/homeowner pays to connect to the facilities.

Mrs. Noll then moved the adoption of proposed Ordinance 02-6(R-1) which reads:

AN ORDINANCE TO AMEND VARIOUS SECTIONS OF CHAPTER 18.1, SEWAGE DISPOSAL AND SEWERS, YORK COUNTY CODE, INCREASING THE INITIAL CONNECTION FEE AND MAINTENANCE FEES, DELETING UNNECESSARY LANGUAGE, AND ADOPTING THE COMMONWEALTH OF VIRGINIA STATE BOARD OF HEALTH SEWAGE HANDLING AND DISPOSAL REGULATIONS

BE IT ORDAINED by the York County Board of Supervisors this the 16th day of July, 2002, that Chapter 18.1, Sewage Disposal and Sewers, York County Code, be and it is hereby amended to read and provide as follows:

ARTICLE I. IN GENERAL

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Sec. 18.1-2. Definitions.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings stated in this section:

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Soil absorption systems, general. On-site sewage disposal systems which utilize the soil to provide final treatment and disposal of effluent from a septic tank in a manner that does not result in a point-source discharge and does not create a nuisance, health hazard or ground or surface water pollution.

Sec. 18.1-11. (Removed in its entirety)

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ARTICLE II. OPERATING PROCEDURES

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Sec. 18.1-30. Prohibitions and limitations on use of the public sewer system.

(a) No person shall discharge or deposit or cause or allow to be discharged or deposited into the public sewer system any wastewater which contains the following:

(1) Oils and grease.

a. Oil and grease concentrations or amounts from users violating federal, state, or HRSD pretreatment standards.

b. Wastewater from users containing floatable oil, wax, fats, or grease concentration of mineral origin of more than one hundred (100) milligrams per liter whether emulsified or not.

(2) Any gasoline, benzene, naphtha, solvent, fuel oil or a liquid, solid, or gas that may cause flammable or explosive conditions, including, but not limited to, wastestreams with a closed cup flashpoint of less than one hundred-forty degrees (140º) Fahrenheit using test methods specified in 40 CFR 261.21.

(3) Noxious material. Noxious or malodorous solids, liquids, or gases, which, either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to life, or are or may be sufficient to prevent entry into the system for its operation, maintenance, and repair.

(4) Improperly shredded garbage. Garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in the public sewer system, with no particle greater than one-half (½") inch in any dimension.

(5) Radioactive waste. Radioactive wastes or isotopes of such half-life or concentration that they do not comply with regulations or orders issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the system or personnel operating the system.

(6) Solid or viscous wastes. Solid or viscous wastes which will or may cause or contribute to obstruction in the flow of wastewater in a sewer, or otherwise interfere with the proper operation of the system. Prohibited materials include, but are not limited to: grease, uncomminuted garbage, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, mud, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, seafood processing by-products, and similar substances.

(7) Unpolluted waters. Any unpolluted water including, but not limited to: water from cooling systems or of storm water origin, which will increase the hydraulic load on the system.

(8) Corrosive wastes. Any waste which will cause corrosion or deterioration of the system. All wastes discharged to the system shall have a pH value in the range of five (5) to ten (10) standard units. Prohibited materials include, but are not limited to: acids, sulfides, concentrated chloride and fluoride compounds, and substances which will react with water to form acidic products.

(b) No person shall discharge or convey or permit or allow to be discharged or conveyed to the public sewer system any wastewater containing pollutants of such character or quantity that will:

(1) Not be susceptible to treatment or cause interference with the process or efficiency of the system.

(2) Constitute a hazard to human or animal life or to the stream or water course receiving the wastewater treatment plant effluent.

(3) Violate federal, state, or HRSD pretreatment standards.

(c) No person owning vacuum or septic tank pump trucks or other liquid wastewater transport trucks shall discharge directly or indirectly such wastewater into the public sewer system, unless such person shall first have applied for and received a permit from the county and HRSD for each vehicle. All applicants for this permit shall complete such forms as required by the county and HRSD, pay any required fees, and agree in writing to abide by the provisions of this section and any special conditions or regulations established by the county and HRSD. Such permit shall be limited to the discharge of domestic wastewater containing no industrial wastewater. The county and HRSD shall designate the locations and times where such trucks may be discharged and may refuse to accept any truck load of wastewater where it appears that the wastewater could cause interference with the effective operation of the wastewater system.

(d) No person shall discharge any other holding tank waste-water into the system unless he shall have applied for and have been issued a permit by the county and HRSD. Unless otherwise allowed under the terms and conditions of the permit, a separate permit must be secured for each location of discharge. This permit shall include the time of day the discharge is to occur, the volume of the discharge, and shall limit the wastewater constituents and characteristics of the discharge. Such user shall pay any applicable charges or fees therefore and shall comply with the conditions of the permit. No permit, however, will be required to discharge domestic wastewater from a recreational vehicle or a marine vessel holding tank, providing such discharge is made into an approved facility designed to receive such wastewater.

(e) Grease, oil, and sand traps shall be provided in accordance with the following:

(1) Establishments involved in the preparation of food for commercial purposes shall provide grease interceptors or traps. Grease, oil, and sand interceptors or traps shall be provided by others when necessary for the proper handling of liquid wastes containing grease in excessive amounts, sand and other harmful ingredients, except that such interceptors or traps will not be required for dwelling units.

(2) All interceptors or traps shall be of a type and capacity approved by the building official, and shall be located so as to be readily and easily accessible for cleaning and inspection. They shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperatures and shall be of substantial construction, gastight, watertight, and equipped with easily removable covers.

(3) All grease, oil, and sand interceptors or traps shall be maintained by the user in continuously efficient operation at all times.

(4) Approval of proposed facilities or equipment by the health officer or building official does not, in any way, guarantee that such facilities or equipment will function in the manner described by their constructor or manufacturer; nor shall it relieve a person, firm, or corporation of the responsibility of enlarging or otherwise modifying such facilities to accomplish the intended purpose.

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ARTICLE III. PRIVATE SEWAGE DISPOSAL SYSTEMS

Sec. 18.1-40. Private sewer systems-Generally.

(a) Certain systems prohibited. The installation of private sewer systems other than soil absorption systems approved by the latest edition of the Commonwealth of Virginia State Board of Health Sewage Handling and Disposal Regulations and the York County Sanitary Sewer Standards and Specifications are prohibited.

(b) When soil absorption systems are permissible. When any lot or parcel has been legally created or can be created by an otherwise approvable subdivision, and lies in an area where no public sewer which can serve the property is available, the building sewer may be connected to an approved soil absorption system if the site is determined by the health officer to be suitable for such a system to operate properly and in accordance with the provisions of this chapter.

(c) Provision of primary and secondary absorption areas. Every lot or parcel of land proposed for development where an approvable soil absorption system is proposed shall have and provide both a primary and secondary absorption area. The secondary absorption area shall be equal in size to the primary area. Both the primary and required secondary absorption areas shall be located outside of any RPA that may apply to the property under the terms of section 24.1-372 of the county zoning ordinance. The secondary absorption area shall be used only in the event the primary absorption area fails and not for the purpose of expansion of the primary absorption area in order to accommodate additions to or enlargement of, the structure or structures served by the system.

(d) Soil absorption systems provisions for building. Before commencement of construction of an approvable soil absorption system , the owner shall first obtain a written permit signed by the health officer. The application for such permit shall be on forms furnished by the Health Department, which the applicant shall supplement by any plans, specifications, and other information deemed necessary by the health officer. The type, capacity, location, and layout of a soil absorption system shall comply with all requirements of the Department of Health of the Commonwealth of Virginia and of this chapter. The approved permit issued by the health officer, along with any supporting data must be submitted with the application for a building permit.

(e) Same-Inspection by health officer. An approved soil absorption system shall not be utilized until the installation is completed to the satisfaction of the health officer. The health officer shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the health officer when the work is ready for final inspection and before any underground portions are covered.

(f) Same -Maintenance. The owner shall operate and maintain the soil absorption system in a sanitary manner at all times and in accordance with any state health department requirements and the requirements of this chapter including any special conditions which may have been placed on the permit by the health officer. Each septic tank and/or pumping chamber should either be pumped out and the solids removed at least once every five (5) years, be inspected by a qualified person every five (5) years and pumped if necessary, or install a filter approved by the Health Department.

(g) Same-Correction of violations or malfunctions. When notified by the health officer or the county of a violation of any provision of this chapter or of a malfunction, the owner of a soil absorption system shall complete the prescribed corrective actions within sixty (60) days. Failure to make such correction shall be a violation of this chapter.

(h) Use of private systems prohibited. Nothing in this article shall be construed to permit the continued use of a private sewer system if connection to a public system is required by this chapter.

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ARTICLE IV. CONSTRUCTION AND EXTENSION OF PUBLIC SEWER SYSTEMS

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Sec. 18.1-52. Application, certificate to construct, inspection and payment of fees required.

(a) Certificates to construct. Construction of or extensions to public sewer systems shall not begin until a certificate to construct has been issued by the county administrator. The construction of building sewers which serve multiple dwellings or structures or which extend off-site shall also require a certificate to construct.

(b) Applications. Applications for a certificate to construct shall be submitted to the County and accompanied by a minimum of four (4) copies of plans and specifications prepared by a qualified licensed engineer or land surveyor practicing within the areas of competence prescribed by section 54-17.1 et seq of the Code of Virginia together with any other relevant contract documents and a plan review fee of one-hundred dollars ($100.00).

(c) Issuance. Upon approval of the plans, specifications, and con-tract documents and upon payment of required inspection fees, the county administrator shall issue a certificate to construct.

(d) Fees. A certificate to construct shall not be issued until inspection fees in the amount of two hundred and seventy-five dollars ($275.00) plus one dollar and 50 cents ($ 1.50) per foot for every foot of eight-inch or larger gravity sewer installed and one dollar and 50 cents ($ 1.50) per foot for every foot of two-inch or larger force main in-stalled and one dollar and 50 cents ($ 1.50) per foot for every foot of vacuum sewer installed have been paid. In the case of building sewers required to be inspected pursuant to the provisions of section 18.1-24 of this chapter, an inspection fee shall be charged in the amount of one hundred dollars and fifty dollars ($ 150.00) plus one dollar and 50 cents ($ 1.50) per foot for every foot of building sewer installed. The fees set forth in this subsection may not be reduced and are not refundable.

(e) Inspection. The installation of public sewer systems and building sewers required to have a certificate to construct shall be inspected by the county and no part of such facilities shall be covered or obscured prior to inspection and approval by the county.

(f) Service laterals. Service laterals, as approved, shall be provided by the applicant and installed at the time of construction.

(g) Connection to system regulated. No connection between the existing public sewer system and new sewer construction shall be made until all required connection fees have been paid and all such construction has been approved by the county.

Sec. 18.1-53. Construction and extension.

(a) The governing body may in its discretion extend the public sewer system to areas of the county which have not been previously served.

(b) The governing body may permit the extension of the public sewer system by a developer. Public sewer extensions serving less than three connections may be approved administratively by the county administrator or his designee subject to the execution of a sewer extension agreement approved to form by the County Attorney. Extensions serving three or more connections shall be at the request of the developer and shall be made pursuant to a contract authorized by the governing body, executed by the county administrator on behalf of the county, and approved as to form by the county attorney between the developer and the county. The contract shall include terms providing for the amount of all fees to be paid to the county and providing that the fees may be paid in a lump sum or, may be paid with respect to any development phase or section prior to the issuance of any building permits with respect to that phase or section. The contract shall also set forth any cost-sharing and provide that, upon completion and approval of the construction of such facilities, they shall become the property of the county. Such contracts shall be executed by all parties prior to the issuance of a certificate to construct. The provisions of this subparagraph apply to extensions which have not been approved by the county on the date of adoption of this section. The governing body may authorize an extension based on preliminary fee and cost-sharing information, and may authorize the County Administrator to execute agreements required by this section at some later time, provided however: (1) that the number of connections to the system approved by the governing body shall not later be increased more than (10%) without authorization of the governing body; and (2) that the standard connection fees, credits, and other fees and policies in effect at the time of execution of the agreement, as established by the governing body, shall be the basis for computing such fees.

(c) All contractors installing facilities of the county shall be approved by the county.

(d) For all construction under paragraph (b) above the location, type, and size of any facilities must comply with county standards and with plans established by the county for future sewer construction. Except as otherwise provided in section 18.1-54, the entire expense of construction shall be born by the developer.

Sec. 18.1-54. Cost sharing in public sewer construction.

(a) It is the intent of this section to discourage the development of facilities outside designated primary service areas and to provide some assistance to a developer when facilities are constructed in complete accordance with public sewer phasing and construction plans. Recognizing that the developer will incur a certain level of expense to properly bring sewer service to a development, the intent is not to reimburse the developer for that expense. In all cases the developer must make an economic decision. The purpose of this section is to provide a degree of certainty to the cost of sewer service and to set forth those conditions under which the county will permit private construction of public sewer systems.

(b) Upon request and under certain conditions, the county may share in the cost of providing public sewer when application for construction is made by a developer. The extent to which the county participates will be based on certain factors designed to maximize and channel limited public funds for sewer construction into those areas where sewer can be provided most effectively to promote the public health and welfare. Those factors are:

(1) The extent to which the sewer facilities are oversized at the request of the county to provide future use capacity.

(2) The extent to which the proposed development is within or outside of a designated primary service area.

(3) The extent to which the facilities consist of system facilities as opposed to local facilities.

(c) Within the limits of funds available for sewer construction, the county will share costs if requested by the developer as follows:

(1) The total cost of local facilities shall in all cases be borne by the developer.

(2) When proposed development is to be located within a primary service area, the county will pay the additional construction cost of installing or oversizing system facilities required by the county for future use capacity or other needs. The county may offset its cost by deducting any system facility connection fees due to it from the developer. The county share shall be the difference between the estimated cost of the facilities necessary for future use and the cost of local facilities and system upgrades necessary to serve the development. The developer shall bear all design costs. The estimated costs shall be based upon current unit charges for sewer construction and shall be agreed to between the developer and the county.

(3) When proposed development is to be located outside a primary service area, the cost of installing or oversizing system facilities for future use capacity or other needs shall be borne by the developer. In addition to the cost of construction, the developer will be liable for a connection charge at the time of connection of the extension to public sewer facilities. Such fee shall be equal to the total initial connection fees due from the development without credit or reduction for the construction of local or system facilities or other costs paid by the developer.

(4) If no primary service areas have been established by the governing body, all proposed development shall be deemed to be within a primary service area.

(d) If sufficient county funds are not available for sewer construction to enable the county to contribute fully as set forth in subsection (c) 2), then other sums may be negotiated on a case-by-case basis. In any event, the final sum to be contributed by the county to the construction and/or the total amount of connection fees due to the county, shall be set forth in the contract required by section 18.1-53.

(e) Nothing in this section is to be construed to prohibit or restrict the governing body from extending or participating in the extension of the facilities of the county at the county's cost or on a different cost sharing basis than set forth in this section should the governing body determine that such an arrangement is in the county's best interest and furthers the goals of economic development or providing affordable housing opportunities.

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ARTICLE V. PUBLIC SEWER CONNECTIONS AND CONNECTION FEES

Sec. 18.1-62. Connection requirements; timing; and fees.

(a) The owner of any premises having access to facilities of the county, the construction of which facilities was completed after January 1, 1992, shall be required to connect to the public sewer system. Connection fees shall be paid within ninety (90) days and connection made within one-hundred twenty (120) days of notification that service exists. The applicable fee shall be the total initial connection fee set forth in section 18.1-64 of this chapter.

(b) Any owner failing to connect to the facilities of the county as required by paragraph (a) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than fifty dollars ($50). Each day that such failure continues shall constitute a separate offense. In addition, such owner shall be required to pay the regular connection fee as set forth in section 18.1-64 of this chapter.

(c) The owner of any premises having service available by means of facilities of the county, the construction of which was completed after January 1, 1992, may connect to the public sewer system or voluntarily elect to pay the applicable connection fee and not connect. If the connection is made or arrangement for payment made within ninety (90) days of notification that service exists, the fee shall be the same fee as that imposed on owners who connect under paragraph (a) of this section. After such ninety-day period, the owner shall be required to pay the total regular connection fee.

(d) The owner of premises having access to, or service available by, facilities of the county, the construction of which was completed prior to January 1, 1992, may connect to such facilities or voluntarily elect to pay the applicable connection fee and not connect. If connection or payment is arranged or made, the fee shall be the total initial connection fee set forth in section 18.1-64 of this chapter.

(e) The connection requirements, fees, and times set forth in this section shall not apply where the county administrator has determined that public sewer service is not available to abutting property due to the nature of, or limitations on, the facilities of the county. For purposes of this section, property which abuts a public road owned and maintained by the Common-wealth of Virginia or the county and which is separated from the facilities of the county by the surfaced area of such road, shall be deemed not to have public sewer available unless a lateral has been installed under the pavement which can serve the property.

(f) When extensions of the facilities of the County are made pursuant to Section 18.1-53(b), the owner of any premises having access to, or service available by, the facilities of the County and having, at the time of the extension, an operating soil absorption system, which has been inspected and approved by the Health Department, may connect to such facilities and pay the applicable initial connection fee as set forth in Section 18.1-64 of this chapter at the time the owner elects to connect. Should the owner of such premises receive written notification from the Health Department of a failing system, the provisions in Section 18.1-62(a) and (b) shall apply and the applicable time limits shall begin to run on the date of receipt of such notice.

Sec. 18.1-63. Application for connection; permit required.

(a) No person shall connect any premises with the facilities of the county without first obtaining a permit to do so from the county administrator. The owner of the premises, or such owner's authorized agent, shall make application therefore on forms furnished by the county. All applications shall clearly indicate the activities on the premises for which the service to be rendered by the public sewer system will be used.

(b) No permit for connection shall be issued until all required fees have been paid and the manner of connection (including the qualifications of the person making the connection) have been approved.

(c) No building permit for a structure that will connect to the public sewer facilities of the county shall be issued until the construction of the public sewer facilities of the county has been completed and approved. Prior to the completion of construction, a permit may be issued if:

(1) In the case of residential buildings, the county administrator determines that completion of construction of the required public sewer facilities to county standards is probable within ninety (90) days; or,

(2) In the case of commercial or industrial buildings, the county administrator deter-mines that completion of construction of the required public sewer facilities to county standards is probable within one hundred eighty (180) days.

(3) In the case of residential buildings that are in the service area of a County Sewer Extension Project, the county administrator determines that completion of construction of the required public sewer facilities to the county standards is probable within one hundred eighty (180) days.

Sec. 18.1-64. Connection fees established.

(a) Any person required or desiring to connect to the facilities of the county shall, unless otherwise provided in this chapter, pay the connection fees set forth in the schedule which follows as a part of this section. Such fees shall be paid at such time as required by this chapter. The connection fee to be paid shall be the indicated total initial fee or total regular fee as required. The connection fee shall not include the actual cost of connection, which shall be borne by the applicant. Existing commercial or industrial connections may upgrade the connection size by paying the initial connection fee applicable to the larger size connection. A credit will be given for connection fees previously paid. Columns entitled "Local Facility Charge" and "System Facility Charge" are used only for the purposes referred to in other sections of this chapter:

(b) If any facility whose connection fee is based on a water meter size is not connected to a metered water system, the county administrator may require the installation of a meter or may make a reasonable estimate of the meter requirements for the facility for the purpose of establishing the appropriate connection fee.

(c) The provisions of this section shall not apply to premises which have paid the applicable connection fee or arranged to pay the applicable connection fee through agreement with the county prior to the date of adoption of this section.

(d) A credit of $500shall be allowed against the above fees when a grinder pump is installed to service an existing premise as part of a County financed sewer extension project in accordance with regulations adopted pursuant to Section 18.1-3.

(e) Notwithstanding the provisions of paragraph (a) of this section, the connection fees established by the governing body in 1998 with the adoption of chapter 18.1 shall apply to any development or site plan having final approval from the county prior to September 1, 2002. In addition to these developments, the connection fees adopted in 1998 shall also apply for any project being financed by the county for which the preliminary design has started by September 1, 2002. For such projects, the regular connection fee shall be that fee which is in effect at the time of connection.

(f) Property owners may prepay the initial sanitary sewer connection fee for those properties that are included in a service area defined in the Utilities Strategic Capital Plan. Upon payment of the initial connection fee the provisions of Section 18.1-72 (a) will apply.

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ARTICLE VI. RATES AND BILLING PROCEDURES

***

Sec. 18.1-72. Rates-Generally; effective September 1, 2002.

(a) Payment-Generally. The service charges set forth in this section shall be paid by all users of the public sewer system beginning September 1, 2002. For new development, user charges shall commence with the issuance of a certificate of occupancy. . Nonusers owning premises having access to the facilities of the county or service available shall pay service charges equal to sixty-five percent (65%) of the service charges set forth in this section having agreed to do so in return for the benefit of paying the initial connection fee.

(b) Bimonthly rate for single-family residential equivalents. A bimonthly service charge of thirty-four dollars and fifty cents ($ 34.50) shall be paid to the county by single-family residential equivalents. A single-family residential equivalent is a mobile home, an apartment, a single-family detached dwelling, a townhouse, or any other unit used to house a single family on a full-time basis.

(c) Bimonthly rates for users other than single-family residential equivalents. If water consumption is measured in cubic feet, a bimonthly service charge per meter of two dollars and forty cents ($ 2.40) per one hundred (100) cubic feet or a minimum charge of $10.00 shall be paid to the county by users other than single family residential equivalents. If water consumption is measured in gallons, a bimonthly service charge per meter of three dollars ($ 3.00) per one thousand (1,000) gallons or a minimum charge of $10.00 shall be paid to the county by users other than single-family residential equivalents. Service charges, unless otherwise set forth herein, shall be based upon water consumed on the premises as measured by the meter or meters used for such purpose. In any case where the premises are not connected to a water system for which water consumption figures satisfactory to the county are available, the bimonthly service charge shall be thirty-four dollars and fifty cents ($ 34.50), plus six dollars and ($ 6.00) for each employee.

(d) Reduction in charges for users other than single-family residential equivalents. Premises other than single-family residential equivalents, which do not discharge the entire volume of water into a public sewer, shall be allowed a reduction in charge, provided the owner installs, at his expense, a meter or meters satisfactory to the county for measuring or determining the volume of water consumed and not discharged, or the volume of waste discharged into the public sewer.

(e) Authority to require installation of measuring devices. The county reserves the right to require the installation of facilities for measuring or determining the volume of water consumed or the volume of waste discharged into the sewer.

(f) Commencement of service charges. Service charges imposed by this section shall commence on the first day of the immediately succeeding billing period in the case of new connections to the public sewer system and at the time prescribed in the application for service in all other cases.

***

Sec. 18.1-76. Application for service; deposit required.

No new or reinstated service shall be supplied to any applicant until payment of a cash deposit equal to the estimated charge for one (1) bimonthly billing period. The deposit shall be held by the county until such applicant ceases to be served by the system at which time any portion of such deposit due shall be returned without interest to the applicant by whom it was made, provided that all unpaid charges and fees shall be deducted from the amount of the deposit. If the deposit is not sufficient to pay all charges and fees due, the remaining balance shall be subject to normal collection procedures of the county. A deposit shall not be required for single family residential equivalents as defined in section 18.1-72(b) or its successor sections except in the case of rental units which are master metered as one (1) connection.

Sec. 18.1-77. Water not to be supplied until written application for sewer and deposit received.

No water purveyor within the county shall provide or transfer service to a new customer, other than single-family residential equivalents, served by facilities of the county until such customer produces evidence that the application and deposit, if any, required by section 18.1-76 of this chapter have been made.

***

Sec. 18.1-79. When bills to be paid; overdue accounts.

(a) Sewer service charges shall be due upon receipt of the statement rendered by the county and shall be considered delinquent thirty (30) days following the billing date. A late charge of ten percent (10%) of the amount due or five dollars ($5.00), whichever is greater, shall be added to all service charges when they are first considered delinquent. Interest at the rate of ten percent (10%) per annum shall be charged on the aggregate of the payment and penalty due beginning with the date the penalty is applied. If any bill shall not be paid within forty-five (45) days of the billing date, the water supply to the premises shall be discontinued as provided for in section 18.1-82 of this chapter.

(b) In lieu of discontinuing water service as provided for in paragraph (a) of this section, the county administrator may enter into agreements by which the owners of the premises for which bills for service are unpaid may be allowed to pay the amount owed including the penalty and interest owed in installment payments, such agreements to contain such other reasonable terms and conditions as may be necessary to ensure payment, and to be approved as to form by the county attorney. Such agreements shall provide that late payment of any installment payment or a failure to pay current amounts due shall result in immediate discontinuance of the water supply to the premises.

(c) Any unpaid sewer connection fee or any installment thereof, or any unpaid service charge, together with any penalty and interest, shall become a lien superior to the interest of any owner, lessee, or tenant, and next in succession to county taxes on the real estate benefited by any such facilities. Such lien may be discharged by payment to the county of the total amount of such lien, together with penalty and interest accrued thereon to the date of payment. If any such charges remain unpaid for a period of sixty (60) days from the billing date, the county administrator shall within thirty (30) days certify such charges as being unpaid to the clerk of the circuit court who shall docket the same in the appropriate lien books of the circuit court.

On roll call the vote was:

Yea: (5) Zaremba, Noll, Burgett, Shepperd, Wiggins,
Nay: (0)

AMENDMENT TO THE YORK COUNTY CODE: EROSION AND SEDIMENT CONTROL

Mr. McReynolds made a presentation proposed Ordinance No. 02-7(R) to adopt the State's Erosion and Sediment Handbook and Regulations.

Chairman Wiggins called to order a public hearing on proposed Ordinance No. 02-7(R) which was duly advertised as required by law and is entitled:

AN ORDINANCE TO AMEND CHAPTER 10, EROSION AND SEDIMENT CONTROL, YORK COUNTY CODE, ADOPTING THE COMMONWEALTH OF VIRGINIA EROSION AND SEDIMENT HANDBOOK AND STATE REGULATIONS

There being no one present who wished to speak concerning the subject ordinance, Chairman Wiggins closed the public hearing.

Mrs. Noll then moved the adoption of proposed Ordinance R02-7(R) which reads:

AN ORDINANCE TO AMEND CHAPTER 10, EROSION AND SEDIMENT CONTROL, YORK COUNTY CODE, ADOPTING THE COMMONWEALTH OF VIRGINIA EROSION AND SEDIMENT HANDBOOK AND STATE REGULATIONS

BE IT ORDAINED by the York County Board of Supervisors this the 16th day of July, 2002, that Chapter 10, Erosion and Sediment Control, York County Code, be and it is hereby amended to read and provide as follows:

ARTICLE I. IN GENERAL

Sec. 10-1. Purpose of chapter.

It is the purpose of this chapter to prevent degradation of properties, stream channels, waters and other natural resources of the 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 10.1, Chapter 5, Article 4 (10.1-560 et seq.), known as the Erosion and Sediment Control Law.

Sec. 10-2. Definitions.

For the purpose of this chapter, the following words and terms shall have the meanings ascribed to them in this section:

Agreement in lieu of a plan. A contract between the plan-approving authority and the owner which specifies conservation measures which must be implemented in the construction of a single-family detached dwelling; this contract may be executed by the plan-approving authority in lieu of a formal site plan.

Applicant. Any person submitting an erosion and sediment control plan for approval or requesting the issuance of a permit, when required, authorizing land-disturbing activities to commence.

Certified inspector. An employee or agent of the County who has been designated as such by the county administrator. A certified inspector shall (i) hold a certificate of competence from the Virginia Soil And Water Conservation Board in the area of project inspection or (ii) be enrolled in the Virginia Soil and Water Conservation Board's training program for project inspection and successfully complete such program within one year after enrollment.

Certified plan reviewer. A County employee or agent who has been designated as such by the county administrator. A certified plan reviewer shall (i) hold a certificate of competence from the Virginia Soil and Water Conservation Board in the area of plan review, (ii) be enrolled in the Virginia Soil and Water Conservation Board's training program for plan review and successfully complete such program within one year after enrollment, or (iii) be licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to article 1 (Sec 54.1-400 et seq.) of chapter 4 of title 54.1 of the Code of Virginia, as it may be amended from time to time.

Certified program administrator. A County employee or agent designated as such by the county administrator. A certified program administrator shall (i) hold a certificate of competence from the Virginia Soil and Water Conservation Board in the area of program administration or (ii) be enrolled in the Virginia Soil and Water Conservation Board's training program for program administration and successfully complete such program within one year after enrollment.

Clearing. Any activity which removes the vegetative ground cover including, but not limited to, root mat removal or topsoil removal.

Code of Virginia. All references herein to the Code of Virginia are to the Code of Virginia (1950), as it may be amended from time to time.

Conservation plan, erosion and sediment control plan, or plan. A document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory, and management information with needed interpretation and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to assure that the entire unit or units of land will be so treated to achieve the conservation objectives.

County. The County of York.

County Administrator. The county administrator for York County, or his designee.

Department. The Virginia Department of Conservation and Recreation.

Director. The director of the Virginia Department of Conservation and Recreation.

District or soil and water conservation district. Refers to the Colonial Soil and Water District.

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 or to shorelines where the erosion results from wave action or other coastal processes.

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 material or any combination thereof, including the land in its excavated or filled conditions.

Land-disturbing activity. Any land change which 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:

(1) Minor land-disturbing activities such as home gardens and individual home landscaping, repairs and maintenance work;

(2) Individual service connections;

(3) Installation, maintenance, or repair of any underground public utility lines when such activity occurs on an existing hard-surfaced road, street or sidewalk, provided the land-disturbing activity is confined to the area of the road, street or sidewalk which is hard-surfaced;

(4) Septic tank lines or drainage fields unless included in an overall plan for land-disturbing activity relating to the construction of the building to be served by the septic tank system;

(5) Surface or deep mining;

(6) Exploration or drilling for oil and gas, including the well site, roads, feeder lines and off-site disposal areas;

(7) 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 of Title 10.1 of the Code of Virginia (Sec 10.1-1100 et seq.) or is converted to bona fide agricultural or improved pasture use as described in Code of Virginia Sec 10.1-1163(B);

(8) Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company;

(9) 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 Virginia Dam Safety Act (Article 2 of Chapter 6 of Title 10.1, Code of Virginia, Sec. 10.1-604 et seq.) ditches, strip cropping, lister furrowing, contour cultivation, contour furrowing, land drainage and land irrigation;

(10) Disturbed land areas of less than two thousand five hundred (2,500) square feet in size;

(11) Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;

(12) Shore erosion control projects on tidal waters when the projects are approved by the County Wetlands Board, the Virginia Marine Resources Commission or the United States Army Corps of Engineers;

(13) Emergency work to protect life, limb or property, and emergency repairs; provided that if the land-disturbing activity would have required an approved erosion and sediment control plan, if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of the plan approving authority.

Land-disturbing permit. A permit issued by the County for the clearing, filling, excavating, grading, transporting of land or for any combination thereof for any purpose set forth herein.

Local erosion and sediment control program or local control program. All of the various methods employed by the County to regulate land-disturbing activities and thereby minimize erosion and sedimentation in compliance with the state program, which may include such items as local ordinances, policies and guidelines, technical materials, inspection, enforcement, and evaluation.

Minimum Standards. Those Minimum Standards contained within the Erosion and Sediment Control Regulations promulgated by the Virginia Soil and Water Conservation Board, as set out in 4VAC50-30-40 of the Virginia Administrative Code as they may be amended from time to time.

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.

Permittee. The person to whom a permit authorizing land-disturbing activities is issued or the person who certifies that the approved erosion and sediment control 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, co-operative, county, city, town, or any other political subdivision of the state, any interstate body, or any other legal entity.

Plan-approving authority. The county administrator or his designee who is responsible for determining the adequacy of a conservation plan submitted for land-disturbing activities on a unit or units of lands and for approving plans.

Program authority. The County, which has adopted a soil erosion and sediment control program approved by the Virginia Soil and Water Conservation Board.

Regulations. All regulations promulgated by any local, state, or federal governmental agency having oversight and authority over the control of erosion and sedimentation resulting from land-disturbing activities, including (without limitation) the Erosion and Sediment Control Regulations and the Virginia Erosion and Sediment Control Handbook promulgated by the Virginia Soil and Water Conservation Board, as they may be amended from time to time.

Responsible Land Disturber. An individual from the project or development team, who will be in charge of and responsible for carrying out a land-disturbing activity covered by an approved plan or agreement in lieu of a plan, who (i) holds a Responsible Land Disturber certificate of competence, (ii) holds a current certificate of competence from the Virginia Soil and Water Conservation Board in the areas of Combined Administration, Program Administration, Inspection, or Plan Review, (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 Article 1 (Sec. 54.1-400 et seq.) of chapter 4 of title 54.1 of the Code of Virginia, as it may be amended from time to time.

Single-family detached dwelling. A noncommercial one-family dwelling unit which is surrounded on all sides by yards or other open space located on the same lot and which is not attached to any other dwelling by any means. For purposes of the definition of a "single-family detached dwelling", the term "family" shall have the same meaning as is defined in the York County zoning ordinance, Chapter 24.1 of this Code.

State erosion and sediment control program or state program. The program administered by the Virginia Soil and Water Conservation Board pursuant to the Code of Virginia, including regulations designed to minimize erosion and sedimentation.

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 place 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.

Sec. 10-3. Local erosion and sediment control program.

(a) Pursuant to section 10.1-562 of the Code of Virginia, the County hereby adopts the regulations, references, guidelines, standards and specifications (hereinafter "the Virginia Erosion and Sediment Control Regulations") and the Virginia Erosion and Sediment Control Handbook ("the Handbook") promulgated by the Virginia Soil and Water Conservation Board, as such may be amended from time to time, for the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources. The Virginia Erosion and Sediment Control Regulations and the Handbook are sometimes referred to hereinafter as "the state program".

(b) Before adopting regulations which are more stringent than the state program, the County shall give due notice and conduct a public hearing on the proposed or revised regulations. No public hearing shall be required when the County is amending the local control program to conform to revisions in the state program.

(c) Pursuant to section 10.1-561.1 of the Code of Virginia, an erosion control plan shall not be approved until it is reviewed by a certified plan reviewer. Inspections of land-disturbing activities shall be conducted by a certified inspector.

(d) The county administrator is hereby designated as the County's agent for the purpose of administering and enforcing the terms of this chapter. The agent is authorized to make such inspections as may be necessary to ensure compliance with the terms of this chapter, and any conditions of approval for specific projects and is authorized to take such steps as are provided by this chapter, and as may be necessary, to ensure compliance with its terms.

(e) The county administrator is hereby designated as the plan approving authority for the purpose of this chapter and is authorized, on behalf of the county, to review and approve applications for permits under the terms of this chapter.

(f) The County's Erosion and Sediment Control Program shall employ or retain one or more certified program administrators, one or more certified plan reviewers, and one or more certified inspectors. A single individual may be designated to perform more than one of such functions provided that the individual possesses the requisite qualifications.

(g) The program and regulations provided for in this ordinance shall be made available for public inspection at the office of the County's Department of Environmental and Development Services.

Sec. 10-4. Conflicting requirements.

(a) The terms, conditions and provisions of this chapter shall in no way alter, diminish or change the terms, conditions or provisions of any other ordinance of the county.

(b) In the case of any conflict between any term, condition or provision of this chapter with any term, condition or provision of any other ordinance, the more restrictive term, condition or provision shall prevail.

(c) In the case of any conflict between any term, condition or provision of this chapter with any other term, condition or provision contained elsewhere in this chapter, the more restrictive term, condition or provision shall prevail.

Secs. 10-5-10-10. Reserved.

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.

(10) Consistent with Code of Virginia section 10.1-563(B), as a prerequisite to approval of an application, 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 our the land disturbing activity in accordance with the approved 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) 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.

(f) 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.

(g) 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.

(h) State agency projects are exempt from the provisions of this chapter except as provided for in the Code of Virginia, section 10.1-564.

Sec. 10-12. Required permits.

(a) No person may engage in any land-disturbing activity, nor shall any building permit be issued by the County's building official, until such person shall have acquired a land-disturbing permit and have paid the fees and executed a secured performance agreement, unless the proposed land-disturbing activity is specifically exempt from the provisions of this ordinance.

(b) The county administrator may require the owner of property which has been designated by the county administrator as an erosion impact area to prepare and submit an erosion and sediment control plan for review and approval; and upon approval of the erosion and sediment control plan for the erosion impact area, the county administrator may require the owner of the property to obtain a land-disturbing activity permit, and to fully implement the approved plan.

(c) No permit which authorizes land-disturbing activities shall be issued until the applicant submits with his application an approved erosion and sediment control plan and certification that the plan will be followed.

Sec. 10-13. Plan review and inspection fee.

Any request for review and approval of an erosion and sediment control plan shall be accompanied by the payment of a plan review and inspection fee. Such fee shall be in the amount fixed, and as may be thereafter changed from time to time, by resolution adopted by the board of supervisors.

Sec. 10-14. Issuance of permit and surety requirements.

(a) No permit for activities approved under this chapter shall be issued until the applicant has executed a performance agreement secured by a cash escrow, letter of credit, or any combination thereof, or other suitable legal arrangement, in a form approved by the county attorney. Such cash escrow or letter of credit shall be in an amount acceptable to the county administrator and shall be sufficient to ensure that measures may be taken by the county, at the applicant's expense, should he fail, after proper notice and within the time specified, to establish and maintain appropriate conservation measures required of him as a result of his land-disturbing activities. The amount of the 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 twenty-five percent of the cost of the conservation action. Should it be necessary for the county to take such conservation action, the county may collect from the applicant any costs in excess of the amount of the surety held. Nothing shall prevent the county from exercising such authority to prevent or remedy damages to other property, public or private, caused by an applicant's regulated activities. The county administrator may waive the requirement for surety if the surety amount is determined to be less than one thousand dollars ($1,000.00) and the land-disturbing activity is associated with the preparation for a single-family detached dwelling.

(b) Within sixty (60) days of the completion of the land-disturbing activity, as indicated by the issuance of a certificate of completion pursuant to section 10-17 of this chapter, such cash escrow or letter of credit, or the unexpended or unobligated portion thereof, shall be re-funded to the applicant or terminated as the case may be.

(c) These requirements are in addition to all other provisions relating to the issuance of permits and are not intended to otherwise affect the requirements for such permits.

(d) No permit shall be issued which would authorize any land-disturbing activity for any development which requires site plan or subdivision plan review prior to the approval of the site or subdivision plan except upon the approval of the county administrator where it is determined after initial reviews of the development proposal that the only unresolved issues preventing site plan or subdivision plan approval are those which will not affect the location and extent of structures, parking areas or roads, or in accordance with subsection (f) below.

(e) No permit shall be issued which would authorize any land-disturbing activity within any area included within a re-corded or proposed landscape preservation or similar easement, unless the land-disturbing activity is deemed necessary by the county administrator for the construction, installation or maintenance of storm drainage facilities or utilities operated and maintained by the county.

(f) Where a commercial or industrial site in excess of five (5) acres is proposed to be developed to accommodate multiple lots and/or buildings under separate ownership or control, the county administrator may, notwithstanding the provisions of subsection (d) above, authorize a land-disturbing activity in advance of approval of site plans for the individual commercial or industrial establishments upon demonstration by the property owner, to the satisfaction of the county administrator, that the topographic relief of the property will require extensive cut, fill and grading to prepare the site for multiple lot or building development and that such site preparation prior to plan approval is necessary and consistent with the objectives and policies of the county.

The following conditions shall be required by the county administrator in conjunction with such an authorization and shall be satisfied prior to issuance of any land-disturbing activity permits:

(1) A plan of development for the roads, drainage facilities and main-line utilities that will serve the proposed development and its multiple building sites shall be prepared, submitted and approved in accordance with all applicable site plan or subdivision development plan requirements.

(2) All work shall be performed in strict accordance with an approved erosion and sediment control plan that has been prepared and approved in accordance with all applicable standards.

(3) The construction of all streets, main-line utilities, drainage improvements and similar infrastructure, both public and private, as shown on the approved plan, shall be guaranteed for construction by an agreement and secured by a letter of credit or cash escrow in an amount approved by the county administrator and county attorney. The agreement shall require that said construction shall commence within one year of the initial date of authorization of the land-disturbing activity and shall be in accordance with properly submitted and approved plans.

(4) Reforestation of the property, or portions thereof as deemed appropriate by the county administrator, with approximately the same numbers and species of trees as were located on the property prior to clearing shall be guaranteed by an agreement and secured by a letter of credit or cash escrow in an amount approved by the county administrator and in such form as may be approved by the county attorney. Said reforestation shall be required unless a certificate of occupancy for at least one (1) commercial or industrial establishment is issued within three (3) years of the initial date of authorization of the land-disturbing activity.

(5) No clearing shall be permitted within fifty feet (50') of any property line, except to permit the construction of approved infrastructure improvements, nor within any other portion of the site determined by the county administrator to be nonessential to preparation of the site for development.

(6) The county administrator shall re-quire the submission of any additional plans, plats, certifications or supporting materials deemed to be necessary and appropriate to apply and enforce this subsection.

Sec. 10-15. Term of permit.

(a) A permit issued under this article shall be valid for a period of one (1) year; provided, however, it may be extended for an additional one-year period, by written approval of the county administrator, upon receipt of evidence of reasonable progress toward completion of the approved project and compliance with all conditions of approval.

(b) If land disturbing activities cease for more than one hundred-eighty (180) days, or if the permittee fails to initiate land disturbing activities within one hundred-eighty (180) days, of the date of issuance of a land disturbing activity permit, then the land disturbing activity permit and plan shall become void.

Sec. 10-16. Monitoring, reports, inspections, stop work orders and revocation of permits.

(a) The county may require the person responsible for carrying out the plan to monitor the land-disturbing activity. The person responsible for carrying out the plan will maintain records of all inspections and maintenance, to ensure compliance with the approved plan and to determine whether the measures required in the plan