(A) Except as provided in this section, no person shall engage in any land disturbing activity until an erosion and sediment control plan for such activity has been submitted to and approved by the town. For the purposes of this section, when land disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the preparation, submission, and approval of an erosion and sediment control plan shall be the responsibility of the owner. The plan shall indicate phases of construction, as appropriate, and a detailed narrative shall be submitted to indicate in detail the timing and method of implementing each phase. This phased plan shall be designed to ensure adequate erosion and sediment control protection from the beginning of a project until its completion. Where storm sewers or paved areas are to be constructed, there shall be a minimum of two phases indicated on all erosion and sediment control plans. Plans shall clearly state when any proposed stormwater management facility is to be constructed.
(B) Any person who owns, occupies, or operates private agricultural, horticultural, or forest lands shall not be deemed to be in violation of this chapter for land disturbing activities that result from the tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or products of engineering operations.
(C) Where land disturbing activities involve lands under the jurisdiction of more than one local control program, an erosion and sediment control plan may, at the option of the applicant, be submitted to the Board for review and approval rather than to each jurisdiction concerned.
(D) (1) Electric, natural gas, and telephone utility companies, interstate and intrastate natural gas pipeline companies and railroad companies shall file general erosion and sediment control specifications annually with the Board for review and written comments. The specifications shall apply to:
(a) Construction, installation, or maintenance of electric, natural gas, and telephone utility lines, and pipelines; and
(b) Construction of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of the railroad company.
(2) Individual approval of separate projects within divisions (D)(1)(a) and (D)(1)(b) above is not necessary when Board approved specifications are followed, however, projects included in divisions (D)(1)(a) and (D)(1)(b) above must comply with Board approved specifications. Projects not included in divisions (D)(1)(a) and (D)(1)(b) above shall comply with the requirements of the town erosion and sediment control program.
(E) State agency projects are exempt from the provisions of this chapter except as provided for in VA Code § 62.1-44.15:56.
(F) Where the land disturbing activity results from the construction of a single-family residence, an agreement in lieu of a plan may be substituted for an erosion and sediment control plan if executed by the plan approving authority.
(1998 Code, § 18-35) (Ord. O-2006-10, passed 11-14-2006) Penalty, see § 152.99