(A) The current edition of the Virginia Erosion and Sediment Control Handbook, and the state erosion and sediment control regulations and all the related erosion and sediment control provisions of the Chesapeake Bay Preservation Area designation and management regulations as amended are hereby adopted as an integral part of the county erosion and sediment control program for the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources.
(B) Persons submitting plans under this chapter shall be governed by the criteria, standards, and specifications established in Chapter 6, Preparing an Erosion and Sediment Control Plan, of the Virginia Erosion and Sediment Control Handbook and all related erosion and sediment control provisions of the Chesapeake Bay Preservation Area designation and management regulations.
(C) Persons submitting plans under this chapter shall follow the procedures set forth in a separate document which is attached to the ordinance codified herein and made a part hereof entitled: “Procedures for Plan Submission and Review, On-site Inspection and Ordinance Enforcement”.
(D) Erosion and sediment control plans submitted under this chapter shall assure compliance with the buffer area requirements of the Chesapeake Bay Preservation Area Designation and Management Regulations.
(E) (1) Before adopting or revising regulations, the county shall give due notice and conduct a public hearing on the proposed or revised regulations, except that a public hearing shall not be required when the county is amending its program to conform to revisions in the state program. However, a public hearing shall be held if the county proposes or revises regulations that are more stringent than the state program.
(2) In addition, in accordance with VA Code § 10.1-561, stream restoration, and relocation projects that incorporate natural channel design concepts are not human-made channels and shall be exempt from any flow rate capacity and velocity requirements for natural or human-made channels.
(3) In accordance with VA Code § 10.1-561, any land-disturbing activity that provides for stormwater management intended to address any flow rate capacity and velocity requirements for natural or human-made channels shall satisfy the flow rate capacity and velocity requirements for natural or human-made channels if the practices are designed to: detain the water quality volume and to release it over 48 hours; detain and release over a 24-hour period the expected rainfall resulting from the one-year, 24-hour storm; and reduce the allowable peak flow rate resulting from the one and one-half, two-, and ten-year, 24-hour storms to a level that is less than or equal to the peak flow rate from the site assuming it was in a good forested condition, achieved through multiplication of the forested peak flow rate by a reduction factor that is equal to the runoff volume from the site when it was in a good forested condition divided by the runoff volume from the site in its proposed condition, and shall be exempt from any flow rate capacity and velocity requirements for natural or human-made channels.
(F) Pursuant to VA Code § 10.1-561.1, an erosion control plan shall not be approved until it is reviewed by a certified plan reviewer. Inspections of land-disturbing activities shall be conducted by a certified inspector. The erosion control program of the county shall contain a certified program administrator, a certified plan reviewer, and a certified inspector, who may be the same person.
(G) The county hereby designates the Land Use Administrator as the plan-approving authority.
(H) The program and regulations provided for in this chapter shall be made available for public inspection at the County Building and Zoning Office.
(Ord. passed 6-12-2008) Penalty, see § 152.99