As used in the chapter, unless the context requires a different meaning:
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 (i) single-family residence or (ii) 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 or requesting the issuance of a permit, when required, authorizing land-disturbing activities to commence.
BOARD. The Virginia State Water Control Board.
CERTIFIED INSPECTOR. An employee or agent of a VESCP authority who (i) holds a certificate of competence from the Board in the area of project inspection or (ii) is enrolled in the Board's training program for project inspection and successfully completes such program within one year after enrollment.
CERTIFIED PLAN REVIEWER. An employee or agent of a VESCP authority who (i) holds a certificate of competence from the Board in the area of plan review, (ii) is enrolled in the Board's training program for plan review and successfully completes such program within one year after enrollment, or (iii) is licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to VA Code Title 54.1, Chapter 4, Article 1 (§§ 54.1-400 et seq.) or a professional soil scientist as defined in VA Code § 54.1-2200.
CERTIFIED PROGRAM ADMINISTRATOR. An employee or agent of a VESCP authority who (i) holds a certificate of competence from the Board in the area of program administration or (ii) is enrolled in the Board's training program for program administration and successfully completes 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 top soil removal.
COUNTY. The County of Northampton, Virginia.
DEPARTMENT. The Department of Environmental Quality.
DEVELOPMENT. A tract or parcel of land developed or to be developed as a single unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or more residential dwelling units.
DIRECTOR. The Director of the Department of Environmental Quality.
DISTRICT or SOIL AND WATER CONSERVATION DISTRICT. 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 and all information deemed necessary by the VESCP plan approving authority to assure that the entire unit or units of land will be so treated to achieve the conservation objectives.
EROSION IMPACT AREA. An area of land not associated with a 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.
FARM BUILDING OR STRUCTURE. The same as the term 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-DISTURBING ACTIVITY. Any man-made change to the land surface that 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.
LAND-DISTURBING PERMIT OR APPROVAL. A permit or other form of approval issued by VESCP authority for the clearing, filling, excavating, grading, transporting of land or for any combination thereof or for any other land disturbing activity.
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 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 given storm condition at a particular location.
PERMITTEE. The person to whom the land-disturbing approval 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, cooperative, county, city, town or other political subdivision of the Commonwealth, governmental body, including a federal or state entity as applicable, any interstate body, or any other legal entity.
VESCP AUTHORITY or PROGRAM AUTHORITY. The locality which has adopted a soil erosion and sediment control program that has been approved by the Board. A locality that has chosen not to establish a Virginia Erosion and Stormwater Management Program pursuant to subdivision B3 of § 62.1-44.15:27 is required to become a VESCP authority in accordance with this chapter.
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 ESC 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 ESC plan or permit 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 RESIDENCE. A noncommercial dwelling that is occupied exclusively by one family.
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.
TOWN. An incorporated town of Northampton County.
VIRGINIA EROSION AND SEDIMENT CONTROL PROGRAM or VESCP. A program approved by the Board that has been established by a VESCP authority for the effective control of soil erosion, sediment deposition, and non-agricultural 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, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement where authorized in this article, and evaluation consistent with the requirements of this article and its associated regulations.
WATER QUALITY VOLUME. The volume equal to the first one-half inch of runoff multiplied by the impervious surface of the land development project.
(Ord. passed 9-10-2007; Am. Ord. passed 7-9-2019; Am. Ord. passed 2-13-2024)