The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
AGREEMENT IN LIEU OF A PLAN. A contract between the VESCP authority and the owner that specifies conservation measures that must be implemented in the construction of a: (1) single-family residence; or (2) farm building or structure on a parcel of land with a total impervious cover percentage, including the impervious cover from the farm building or structure to be constructed, of less than 5%. This contract may be executed by the VESCP authority in lieu of a formal site plan.
APPLICANT. Any person submitting an erosion and sediment control plan for approval in order to obtain authorization for land-disturbing activities to commence.
BOARD. The State Water Control Board.
CERTIFIED INSPECTOR FOR ESC. An employee or agent of the VESCP authority who: (1) holds a certificate of competence from the Department in the area of project inspection; or (2) is enrolled in the Department's training program for project inspection and successfully completes such program within one year after enrollment.
CERTIFIED PLAN REVIEWER FOR ESC. An employee or agent of the VESCP authority who: (1) holds a certificate of competence from the Department in the area of plan review; (2) is enrolled in the Department's training program for plan review and successfully completes such program within one year after enrollment; or (3) is licensed as a professional engineer, architect, landscape architect, land surveyor pursuant to VA Code Title 54.1, Chapter 4, Article 1 (§§ 54.1-400 et seq.), or professional soil scientist as defined in VA Code § 54.1-2200.
CERTIFIED PROGRAM ADMINISTRATOR FOR ESC. An employee or agent of the VESCP authority who holds a certification from the Department in the classification of program administrator or is enrolled in the Department's training program for program administration and successfully completes such program within one year after enrollment.
CHESAPEAKE BAY PRESERVATION ACT. VA Code Title 62.1, Chapter 3.1, Article 2.5 (§§ 62.1-44.15:67 et seq.).
CHESAPEAKE BAY PRESERVATION AREA. Any land designated by a local government pursuant to Part III (9VAC25-830-70 et seq.) of the Chesapeake Bay Preservation Area Designation and Management Regulations and VA Code § 62.1-44.15:74. A CHESAPEAKE BAY PRESERVATION AREA shall consist of a resource protection area and a resource management area as defined in the Chesapeake Bay Preservation Area Designation and Management Regulations (9VAC25-830).
CLEARING. Any activity which removes the vegetative ground cover, including root mat removal or topsoil removal.
COUNTY. The County of Northampton, Virginia.
DEPARTMENT. The Virginia Department of Environmental Quality.
DISTRICT or SOIL AND WATER CONSERVATION DISTRICT. Refers to the Eastern Shore 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 units of land will be so treated to achieve the conservation objectives.
EROSION IMPACT AREA. An area of land that is not associated with a current land-disturbing activity but is 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.
FARM BUILDING OR STRUCTURE. The same as that term is defined in VA Code § 36-97 and also includes any building or structure used for agritourism activity, as defined in VA Code § 3.2-6400, and any related impervious surfaces including roads, driveways, and parking areas.
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 DISTURBANCE or LAND-DISTURBING ACTIVITY. A man-made change to the land surface that may result in soil erosion or has the potential to change its runoff characteristics, including the clearing, grading, excavating, transporting, and filling of land.
LAND-DISTURBING PERMIT OR APPROVAL. A permit or an approval allowing a land-disturbing activity to commence issued by VESCP authority after the requirements of VA Code § 62.1-44.15:55 have been met.
NATURAL CHANNEL DESIGN CONCEPTS. The utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain.
OWNER. The same as provided in VA Code § 62.1-44.3. For a land-disturbing activity that is regulated under VA Code Title 62.1, Chapter 3.1, Article 2.4 (§§ 62.1-44.15:51 et seq. and this chapter, OWNER also includes the owner or owners of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a property.
PEAK FLOW RATE. The maximum instantaneous flow from a prescribed design storm at a particular location.
PERCENT IMPERVIOUS. The impervious area within the site divided by the area of the site multiplied by 100.
PERMITTEE. The person to whom the permit is issued.
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, other political subdivision of the Commonwealth, governmental body, including a federal or state entity as applicable, any interstate body, or any other legal entity.
RESPONSIBLE LAND DISTURBER or RLD. An individual holding a certificate issued by the Department who is responsible for carrying out the land-disturbing activity in accordance with the approved erosion and sediment control plan. The RLD may be the owner, applicant, permittee, designer, superintendent, project manager, contractor, or any other project or development team member. The RLD must be designated on the erosion and sediment control plan or permit as defined in the Virginia Erosion and Stormwater Management Regulation (9VAC25-875) as a prerequisite for engaging in land disturbance.
RUNOFF VOLUME. The volume of water that runs off the land development project from a prescribed storm event.
SINGLE-FAMILY DETACHED RESIDENTIAL STRUCTURE. A noncommercial dwelling that is occupied exclusively by one family.
STATE WATERS. All water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands.
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.
TOWN. An incorporated town of Northampton County.
VIRGINIA EROSION AND SEDIMENT CONTROL PROGRAM or VESCP. A program approved by the department that is 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 where applicable as local ordinances, rules, policies and guidelines, technical materials, and requirements for plan review, inspection, and evaluation consistent with the requirements of the Erosion and Sediment Control Law (ESCL).
VIRGINIA EROSION AND SEDIMENT CONTROL PROGRAM AUTHORITY or VESCP AUTHORITY. Locality that has been approved by the Department to operate a Virginia Erosion and Sediment Control Program in accordance with VA Code Title 62.1, Chapter 3.1, Article 2.4 (§§ 62.1-44.15:51 et seq.).
VESCP PLAN-APPROVING AUTHORITY. The Northampton County Department of Planning, Permitting and Enforcement responsible for determining the adequacy of a plan submitted for land-disturbing activities on a unit or units of lands and for approving plans.
VPDES PERMIT. A general VPDES (Virginia Pollutant Discharge Elimination System) permit for discharges of stormwater from construction activities, 9VAC25-880, issued by the department pursuant to VA Code § 62.1-44.15 for stormwater discharges from a land-disturbing activity.
(Ord. passed 4-9-2024)