For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADMINISTRATOR. The official designated by the Council to serve as its agent to administer this chapter.
   CLEARING. Any activity which removes the vegetative ground cover, including but not limited to the removal, root mat removal and/or topsoil removal.
   DISTRICT or SOIL AND WATER CONSERVATION DISTRICT. A political subdivision of this commonwealth organized in accordance with the provisions of VA Code, §§ 10.1-506 et seq., as amended, in this instance the Robert E. Lee Soil and Water Conservation District.
   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 interpretations, and a record of decisions contributing to conservation treatment. The PLAN shall contain all major conservation decisions to ensure that the entire unit or group of units of land will be so treated to achieve the conservation objectives.
   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-DISTURBING ACTIVITY. Any land change which may result in soil erosion from water or wind and the movement of sediments into waters or onto lands, including but not limited to clearing, grading, excavating, transporting and filling of land, except the noncontrolled activities defined in this section.
   LAND-DISTURBING PERMIT. A permit issued by the town for clearing, filling, excavating, transporting or any combination thereof, on all lands except privately owned, occupied or operated agricultural, horticultural or forestry lands.
   NONCONTROLLED ACTIVITIES. Notwith- standing any other provision of this chapter, in no circumstance or event shall the provisions of this chapter apply to the following:
      (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 the 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 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 VA Code, §§ 10.1-1100 et seq., or is converted to bona fide agricultural or improved pasture use as described in VA Code, § 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 provisions of the Dam Safety Act (VA Code, §§ 10.1-604 et seq.), ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation;
      (10)   Disturbed land areas of less than 10,000 square feet in size; however, the Town Council may reduce this exception to a smaller area of disturbed land or qualify the conditions under which this exception shall apply;
      (11)   Installation of fence and signposts 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 local wetlands boards, the State Marine Resources Commission or the United States Army Corps of Engineers; or
      (13)   Emergency work to protect life, limb or property, and emergency repairs; however, if the land-disturbing activity would have required an approved erosion and sediment control plan, if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of the plan-approving authority.
   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, any interstate body or any other legal entity.
   PLAN APPROVING AUTHORITY. The Council or its designated Administrator.
   STANDARDS AND SPECIFICATIONS. Those standards and specifications as set forth in part III of the Virginia Erosion and Sediment Control Handbook which are hereby adopted by reference and shall guide the Administrator in the performance of his or her assigned responsibilities.
   TRANSPORTING. Any moving of earth materials from one place to another, other than a movement incidental to grading, when the 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 the transporting occurs.
(1997 Code, § 30-73)
Statutory reference:
   Definitions, see VA Code, § 10.1-560