For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR. The Town Engineer and/or Building/Code Official of the town, who has been appointed to serve as the agent of the Town Council in administering this chapter.
AGREEMENT IN LIEU OF A PLAN. A contract between the plan-approving authority and the owner that specifies conservation measures that must be implemented in the construction of a single-family residence; this contract may be executed by the plan-approving 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 or STATE SOIL AND WATER CONSERVATION BOARD. The agency continued in VA Code § 10.1-502.
CLEARING. Any activity that removes the vegetative ground cover including, but not limited to, root mat removal and/or topsoil removal.
CONSERVATION PLAN, 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 assure that the entire unit of land will be so treated to achieve the conservation objectives.
CONSERVATION STANDARDS or STANDARDS. The guidelines, techniques, and methods for the control of erosion and sediment.
DISTRICT or SOIL AND WATER CONSERVATION DISTRICT. The Prince William Soil and Water Conservation District.
EROSION AND SEDIMENT CONTROL PERMIT. A permit issued by the town for installation of erosion and sediment control devices or measures, including only the minimum degree of clearing and grading necessary to install such devices or measures.
EROSION IMPACT AREA. 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.
EXCAVATING. Any digging, scooping, or other method of removing earth materials.
FILLING. Any depositing or stockpiling of earth materials.
GRADING. Any excavating or filling of earth materials, or any combination of materials, including the land in its excavated or filled condition.
LAND DISTURBING ACTIVITY. Any land change that may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the state 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) Installation, maintenance, or repair of any underground public utility lines when such 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, right-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 less than 2,500 square feet in size;
(11) Installation of fence and sign posts 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; however, any associated land that is disturbed outside of this exempted area shall remain subject to this chapter;
(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; and
(14) Activities specifically exempted by VA Code §§ 62.1-44.15:54 et seq.
LAND DISTURBING PERMIT. A permit issued by the town for clearing, filling, excavating, grading, or transporting, or any combination of such activities, on all lands, except privately owned occupied or operated, agricultural, horticultural, or forestry land.
LOCAL EROSION AND SEDIMENT CONTROL PROGRAM or LOCAL CONTROL PROGRAM. An outline of the various methods employed by a program authority 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.
OWNER. The owner 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 in control of a property.
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 state, any interstate body, or any other legal entity.
PLAN APPROVING AUTHORITY. The Town Council.
PROGRAM AUTHORITY. The Town of Occoquan.
STATE EROSION AND SEDIMENT CONTROL PROGRAM or STATE PROGRAM. The program administered by the Board pursuant to this chapter, including regulations designed to minimize erosion and sedimentation.
STATE WATERS. All waters on the surface and under the ground wholly or partially within or bordering the state or within its jurisdiction.
SUBDIVISION. As defined in Chapter 156 of this code.
TRANSPORTING. Any moving of earth materials from one place to another, 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.
(1998 Code, § 18-33) (Ord. O-2006-10, passed 11-14-2006; Ord. O-2012-03, passed 10-2-2012)