(A) The responsible land disturber, as provided by VA Code § 62.1-44.15:52, shall be in charge of and responsible for carrying out the land-disturbing activity and provide for periodic inspections of the land-disturbing activity. Northampton 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 these inspections and maintenance, to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation.
(B) (1) Northampton County Department of Planning, Permitting and Enforcement shall periodically inspect the land-disturbing activity in accordance with 9VAC25-840-60 of the Virginia Erosion and Sediment Control Regulations to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. The owner, permittee, or person responsible for carrying out the plan shall be given notice of the inspection.
(2) If the Director of Planning, Permitting and Enforcement determines that there is a failure to comply with the plan, notice shall be served upon the permittee or person responsible for carrying out the plan by mailing with confirmation of delivery to the address specified in the permit application or in the plan certification, or by delivery at the site of the land- disturbing activities to the agent or employee supervising such activities.
(3) The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. Upon failure to comply within the specified time, the permit may be revoked and the permittee or person responsible for carrying out the plan shall be subject to the penalties provided by this chapter.
(C) (1) Upon issuance of an inspection report denoting a violation of VA Code §§ 62.1-44.15:55, -44.15:56, the Director of Planning, Permitting and Enforcement may, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue an order requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken.
(2) If land-disturbing activities have commenced without an approved plan, the Director of Planning, Permitting and Enforcement may issue an order requiring that all of the land-disturbing activities be stopped until an approved plan or any required permits are obtained.
(3) Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, or where the land-disturbing activities have commenced without an approved plan or any required permits, such an order may be issued without regard to whether the alleged violator has been issued a notice to comply as specified in this chapter. Otherwise, such an order may be issued only after the alleged violator has failed to comply with such a notice to comply.
(4) The order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven days from the date of service pending application by Northampton County or permit holder for appropriate relief to the Circuit Court of Northampton County. Northampton County shall serve such order for disturbance without an approved plan or permits upon the owner by mailing with confirmation of delivery to the address specified in the land records. Said order shall be posted on the site where the disturbance is occurring, and shall remain in effect until permits and plan approvals are secured, except in such situations where an agricultural exemption applies.
(5) If the alleged violator has not obtained an approved plan or any required permits within seven days from the date of service of the order, the Director of Planning, Permitting and Enforcement may issue an order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved plan and any required permits have been obtained. Such an order shall be served upon the owner by mailing with confirmation of delivery to the address specified in the permit application or the land records of Northampton County.
(6) The owner may appeal the issuance of an order to the Circuit Court of Northampton County.
(7) Any person violating or failing, neglecting or refusing to obey an order issued by Director of Planning, Permitting and Enforcement may be compelled in a proceeding instituted in the Circuit Court of Northampton County to obey same and to comply therewith by injunction, mandamus or other appropriate remedy.
(8) Upon completion and approval of corrective action or obtaining an approved plan or any required permits, the order shall immediately be lifted.
(9) Nothing in this section shall prevent the Director of Planning, Permitting and Enforcement from taking any other action authorized by this chapter.
(Ord. passed 9-10-2007; Am. Ord. passed 7-9-2019)