§ 38-31. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agreement in lieu of a plan means a contract between the plan-approving authority and the owner which specifies conservation measures which 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.

Certified inspector means an employee or agent of a program authority who:

(1)

Holds a certificate of competence from the board in the area of project inspection; or

(2)

Is enrolled in the board's training program for project inspection and successfully completes such program within one year after enrollment.

Certified plan reviewer means an employee or agent of a program authority who:

(1)

Holds a certificate of competence from the board in the area of plan review;

(2)

Is enrolled in the board's training program for plan review and successfully completes such program within one year after enrollment; or

(3)

Is licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to article 1 of chapter 4 of title 54.1 of the Code of Virginia (Code of Virginia, § 54.1-400 et seq.).

Certified program administrator means an employee or agent of a program authority who:

(1)

Holds a certificate of competence from the board in the area of program administration; or

(2)

Is enrolled in the board's training program for program administration and successfully completes such program within one year after enrollment.

Clearing means any activity which removes the vegetative ground cover, including but not limited to tree removal, root mat removal and/or topsoil removal.

Conservation board, board and state soil and water conservation board mean the agency continued in Code of Virginia, § 10.1-502.

Conservation plan, erosion and sediment control plan and plan mean 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 ensure that the entire unit of land will be so treated to achieve the conservation objectives.

Conservation standards and standards mean the criteria, guidelines, techniques and methods for the control of erosion and sedimentation.

County erosion and sediment control program and county control program mean an outline or explanation of the various elements or 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 a local ordinance, policies and guidelines, technical materials, inspection, enforcement and evaluation.

Development means a tract of land developed or to be developed as a single unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or more residential dwelling units.

District and soil and water conservation district mean a governmental subdivision of the state, and a public body corporate and politic, organized in accordance with the provisions of the Soil and Water Conservation Districts Law, Code of Virginia, § 10.1-506 et seq.

Excavating means any digging, scooping or other methods of removing earth materials.

Filling means any depositing or stockpiling of earth materials.

Grading means any excavating or filling of earth materials or any combination thereof, including the land in its excavated or filled condition.

Land disturbing activity means 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 commonwealth, including but not limited to clearing, grading, excavating, transporting and filling of land, except that the term shall not include the following:

(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 offsite 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 Code of Virginia, § 10.1-1100 et seq. or is converted to bona fide agricultural or improved pasture use as described in Code of Virginia, § 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 (Code of Virginia, § 10.1-604 et seq.), ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation;

(10)

Disturbed land areas of less than 10,000 square feet in size; however, the board of supervisors may reduce this exception to a smaller area of disturbed land or qualify the conditions under which this exception shall apply;

(11)

Installation of fence posts and signposts or telephone and electric poles and other kinds of posts or poles;

(12)

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 article and the regulations adopted pursuant thereto; and

(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, the land area disturbed shall be shaped and stabilized in accordance with the requirements of the plan-approving authority.

Nothing in this definition shall exclude from the requirements of this article any disturbance of an area encompassing 2,500 square feet or more for whatever reason located within the James River watershed.

Land disturbing permit means a permit issued by the county for clearing, filling, excavating, grading or transporting, or any combination thereof, on all lands except as otherwise provided in this article.

Local erosion and sediment control program and local control program mean 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 means 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 means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, or private institution, utility, cooperative, county, city, town or other political subdivision of this state, any interstate body, or any other legal entity.

Plan-approving authority means the plan administrator or his designated representative, who shall be responsible for determining the adequacy of a conservation plan submitted for land disturbing activities on a unit of land and who shall approve such plan if the plan is determined to be adequate.

State erosion and sediment control program and state program mean the program adopted by the conservation board consisting of conservation standards, guidelines and criteria to minimize erosion and sedimentation.

State waters means all waters on the surface and under the ground wholly or partially within or bordering the commonwealth or within its jurisdictions.

Transporting means 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 by 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.

(Ord. No. O-01-003, § 10-87, 8-22-2001)

Cross reference— Definitions generally, § 1-2.

State Law reference— Similar provisions, Code of Virginia, § 10.1-560.

(Ord. No. O-01-003, § 10-87, 8-22-2001)

State law reference

Similar provisions, Code of Virginia, § 10.1-560.

Cross reference

Definitions generally, § 1-2.