(A) Except as provided for in division (B) below, no person shall engage in any land-disturbing activity in the county until that person has submitted to the Administrator an erosion and sedimentation control plan for such land-disturbing activity and until that plan has been reviewed and approved by the Administrator. Where land-disturbing activities involve lands under the jurisdiction of more than one local control program, an erosion and sediment control plan, at the option of the applicant, may be submitted to the Board for review and approval rather than to each jurisdiction concerned.
(B) In the case of a land-disturbing activity for the construction of a single-family dwelling, the Administrator may waive the requirement for a full erosion and sediment control plan as set forth in this chapter. In the case of granting of such a waiver by the Administrator, an agreement in lieu of an erosion and sediment control plan, which is signed by the applicant and approved by the Administrator, shall constitute authorization under this chapter to conduct land-disturbing activity allowed by that agreement. Such agreement shall set forth all conservation measures to be carried out and maintained, shall grant right-of-entry to the Administrator and his or her designees, and shall make the project subject to all review, inspection, and enforcement provisions of this chapter which apply to approved erosion and sedimentation control plans.
(C) The standards contained within the state erosion and sediment control regulations and the Virginia Erosion and Sediment Control Handbook, as amended, are to be used by the applicant when making a submittal under the provisions of this chapter and in the preparation of an erosion and sediment control plan. The plan-approving authority, in considering the adequacy of a submitted plan, shall be guided by the same standards, regulations, and guidelines. When the standards vary between the publications, the state regulations shall take precedence.
(Ord. passed 6-12-2008) Penalty, see § 152.99