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As used in this chapter:
(a) “Applicant” means the person legally responsible for the land-disturbing activity for which a permit is requested, and shall include the owner of the property on which such land- disturbing activity is proposed to be accomplished as well as any contractor, agent or other person who, by virtue of contractual employment or other relationship to the owner of the property on which such land-disturbing activity is proposed to be accomplished, is or will be in actual or effective control of all or a portion of the land-disturbing activity for which an application is or has been made.
(b) “Approved plan” means that plan approved by the Director of the Department of Building and Development by his issuance of a land-disturbing activity permit, which plan contains the permittee's proposed methodology for controlling erosion, sedimentation and storm water runoff resulting from his proposed land-disturbing activity.
(c) “Board” means the State Water Control Board.
(d) “Certified Inspector” means an employee or agent of a VESCP authority who holds a certificate of competence from the Board in the area of project inspection or is enrolled in the Board's training program for project inspection and successfully completes such program within one year of enrollment.
(e) “Certified Plan Reviewer” means an employee or agent of a VESCP authority who holds a certificate of competence from the Board in the area of plan review, is enrolled in the Board's training program for plan review and successfully completes such program within one year of enrollment, or is licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article I (Sec. 54.1-400 et seq.) of Chapter 4 of Title 54.1.
(f) “Certified Program Administrator” means an employee or agent of a VESCP authority who holds a certificate of competence from the Board in the area of program administration or is enrolled in the Board's training program for program administration and successfully completes such program within one year of enrollment.
(g) “Clearing” means any activity which removes a substantial amount of vegetative ground cover.
(h) “Director” means the Director of the Department of Building and Development or his designated agent.
(i) “Erosion” as applied to soil, means the disintegration, detachment, carrying away or wearing away of the land surface by running water, wind and/or other natural agents.
(j) “Erosion impact area” means 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.
(k) “Excavating” means any digging, scooping or other method of removing earth materials or a substantial amount of such earth materials.
(l) “Filling” means any depositing or stockpiling of soil or earth materials.
(m) “Grading” means any excavating or filling of earth materials or any combination thereof.
(n) “Land-disturbing activity” means 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) 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;
(4) Surface or deep mining;
(5) Repair or rebuilding of the tracks, rights of way, bridges, communication facilities and other related structures and facilities of a railroad company;
(6) Disturbed land areas of less than 5,000 square feet;
(7) Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;
(8) 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 Director of the Department of Building and Development when applicable;
(9) Installation, maintenance or repair of any underground public utility line, provided that such land-disturbing activity is confined to the area of the road, street or sidewalk which is hard-surfaced;
(10) Exploration or drilling for oil and gas, including the well site, roads, feeder lines and off-site disposal areas; (Ord. 95-08. Passed 9-20-95.)
(11) 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 exemption 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 (Sections 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 Section 10.1-1163 of the Code of Virginia, or to filling with earth materials imported from off-site.
(12) 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 provisions of the Dam Safety Act, Article 2 (Sec. 10.1-604 et seq.) of Chapter 6 of Title 10.1, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation. However, this exemption shall not apply to filling with earth materials imported from off-site. (Ord. 00-06. Passed 6-5-00.)
(o) “Land-disturbing permit” means a permit issued by the Loudoun County Department of Building and Development for the clearing, filling, excavating, grading, and transporting of soil or for any combination thereof or for any purpose set forth herein.
(p) “Local erosion and sediment control VESCP” means an outline of the various methods employed by a district or locality to regulate land-disturbing activities, and thereby minimize erosion and sedimentation in compliance with the State program, and may include such items as local ordinances, policies and guidelines, technical materials, inspection, enforcement and evaluation.
(q) “Owner” means 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.
(r) “Permittee” means an applicant whose application has been approved by the Director of the Department of Building and Development and who has been issued a land- disturbing activity permit by the Director of the Department of Building and Development.
(s) “Person” means 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.
(t) “Preliminary zoning clearance” means written certification from the County Department of Planning and Zoning, or a town government, where appropriate, that the property which is the subject of the certification has been reviewed for compliance with the appropriate zoning ordinance and been given preliminary approval.
(u) “Responsible Land Disturber” means 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, who (1) holds a Responsible Land Disturber certificate of competence, (2) holds a current certificate of competence from the State Water Control Board in the areas of Combined Administration, Program Administration, Inspection or Plan Review, (3) holds a current Contractor certificate of competence for erosion and sediment control, or (4) is licensed in Virginia as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article 1 (§§ 54.1400 et seq.) of Chapter 4 of Title 54.1.
(v) “Sediment” means solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by air, water, gravity or ice and has come to rest on the earth's surface either above or below sea level.
(w) “Single-family residence” means a noncommercial dwelling that is occupied exclusively by one family.
(x) “Soil and Water Conservation District” means the Loudoun Soil and Water Conservation District, organized in accordance with the provisions of Title 10.1, Chapter 5, Article 3 of the Code of Virginia.
(y) “State waters” means all waters on the surface and under the ground wholly or partially within or bordering the Commonwealth or within its jurisdiction.
(z) “Stockpile” means the acceptance, collection, accumulation or aggregation of soil or dirt from on-site as well as off-site sources. Stockpiles shall not be located in environmentally sensitive areas such as steep slopes or floodplains.
(aa) “Town” means an incorporated town of Loudoun County.
(bb) “Transporting” means 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.
(cc) “Virginia Erosion and Sediment Control Program” or “VESCP” means a program approved by the Board that has been established by a VESCP authority 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 as, where applicable, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, plan review, inspection and enforcement.
(dd) “Virginia Erosion Control Program Authority” or “VESCP authority” means Loudoun County, which is approved by the State Water Control Board to operate a Virginia Erosion and Sediment Control Program.
(ee) “VESCP plan approving authority” means the Department of Building and Development, which is responsible for determining the adequacy of the Erosion and Sediment Control Plan submitted for land-disturbing activities on a unit or unit of lands and for approving plans.
(Ord. 95-08. Passed 9-20-95; Ord. 05-01. Passed 1-11-05; Ord. 11-13. Passed 10-4-11; Ord. 17-12. Passed 12-13-17.)