For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR. The representative of the Board of Supervisors who has been appointed to serve as the agent of the Board of Supervisors in administering this chapter. The Land Use Administrator is hereby designated as ADMINISTRATOR of this chapter.
APPLICANT. Any person submitting an erosion and sediment control plan for approval and requesting the issuance of a permit, when required, authorizing land-disturbing activities to commence.
BOARD. The Virginia Soil and Water Conservation Board.
BUFFER AREAS. An area of natural or established vegetation managed to protect other components of a resource protection area and state waters from significant degradation due to land disturbances.
CHESAPEAKE BAY PRESERVATION AREA. Any land designated by a local government pursuant to part III of the Chesapeake Bay Preservation Area Designation and Management Regulations and § 157.042(D). A CHESAPEAKE BAY PRESERVATION AREA shall consist of a resource protection area and a resource management area.
(1) RESOURCE MANAGEMENT AREA. The component of the Chesapeake Bay Preservation Area that is not classified as the resource protection area as designated by the Board of Supervisors.
(2) RESOURCE PROTECTION AREA. The component of the Chesapeake Bay Preservation Area comprised of lands at or near the shoreline that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may result in significant degradation to the quality of state waters.
CLEARING. Any activity which includes, but is not limited to, removal of vegetative ground cover, root mat, and/or top soil.
DEPARTMENT. The Department of Conservation and Recreation.
DISTRICT or SOIL AND WATER CONSERVATION DISTRICT. The Northern Neck Soil and Water Conservation District, a political subdivision of the state organized in accordance with VA Code Title 20.1, Chapter 5.
EROSION AND SEDIMENT CONTROL PLAN or PLAN. A document containing materials which describe proposed measures to be taken for the purpose of conserving soil and water resources of a unit or group of units of land. It may include appropriate maps, appropriate soil and water inventory, management information with needed interpretations, and a record of decisions contributing to conservation treatment. The PLAN shall contain all major conservation decisions so that the entire unit or units of land will be so treated to achieve the conservation objectives set forth in this chapter.
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 methods of removing earth materials.
FILLING. Any depositing or stockpiling of earth materials.
GOVERNING BODY. The Board of Supervisors of Richmond County, Virginia.
GRADING. Any excavating or filling of earth materials or any combination thereof, including the land in its excavated or filled condition.
LAND-DISTURBING ACTIVITY. Any land change which 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/or 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, and agricultural engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the Dam Safety Act, VA Code Chapter 6, Article 2, §§ 10.1-604 et seq., 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, Chapter 11, §§ 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, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company;
(9) Disturbed land areas of less than 2,500 square feet in size;
(10) Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;
(11) Shoreline erosion control projects on tidal waters when all of the LAND-DISTURBING ACTIVITIES are within the regulatory authority of and approved by local wetlands boards, the 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; and
(12) 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.
LAND-DISTURBING PERMIT. A permit issued by the county for clearing, filling, excavation, grading, or transporting, or any combination thereof.
LOCAL EROSION AND SEDIMENT CONTROL PROGRAM or LOCAL CONTROL PROGRAM. An outline of the various methods employed by the county 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.
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 bank-full storm event within its banks and allows larger flows to access its bank-full bench and its floodplain.
OWNER. The owner or owners 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, firm, or corporation in control of a property.
PEAK FLOW RATE. The maximum instantaneous flow from a given storm condition at a particular location.
PERMIT HOLDER. The person to whom the permit authorizing land-disturbing activities 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 state, any interstate body, or any other legal entity.
PLAN-APPROVING AUTHORITY. The Land Use Administrator responsible for determining the adequacy of a conservation plan submitted for land-disturbing activities on a unit or units of lands for approving such plan if the plan is determined to be adequate. The Administrator is designated as the PLAN-APPROVING AUTHORITY and is responsible for the administration of this chapter.
PROGRAM AUTHORITY. The county has adopted a soil erosion and sediment control program that has been approved by the Board.
RESPONSIBLE LAND DISTURBER. An individual from the project or development team who will be in charge of, and responsible for, carrying out a land-disturbing activity covered by an approved plan or agreement in lieu of a plan, who:
(1) Holds a responsible land disturber certificate of competence;
(2) Holds a current certificate of competence from the Board in the areas of combined administration, program administration, inspection, or plan review;
(3) Holds a current contractor certificate of competence for erosion and sediment control; or
(4) Is licensed in the state 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.
RUNOFF VOLUME. The volume of water that runs off the land development project from a prescribed storm event.
STATE WATERS. All waters on the surface and under the ground wholly or partially within or bordering the state or within its jurisdiction.
SUBDIVISION. Any subdivision of land as defined in Chapter 154 of this code of ordinances.
TRANSPORTING. Any moving of earth materials from one place to another, other than such movement incidental to grading, when such a 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.
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 6-12-2008)