Sec. 16.1-10. Regulated Land Disturbing Activities.

 

Sec. 16.1-10. Regulated land disturbing activities.
 
(a) Except as provided herein, no person shall engage in any land disturbing activity until he has submitted to the department of community development an erosion and sediment plan for land disturbing activity and such plan has been approved by the plan approving authority. 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 each jurisdiction concerned. Where 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.
 
(b) As a prerequisite to engaging in land-disturbing activities shown on an approved plan, the person responsible for carrying out the plan shall provide the name of an individual holding a certificate of competence to the program administrator and/or designee, as provided in §10.1-561 of the Code of Virginia, who will be in charge of and responsible for carrying out the land-disturbing activity. However, the plan-approving authority may waive the certificate of competence requirement for an agreement in lieu of a plan when construction of a single family residence is the purpose of a land-disturbing activity. Failure to provide the name of an individual holding a certificate of competence prior to engaging in land-disturbing activities may result in revocation of the approval of the plan.
 
(c) The plan shall be acted upon within thirty (30) days from receipt thereof by either approving said plan in writing or by disapproving said plan in writing and giving specific reasons for its disapproval. When a plan is determined to be inadequate, the plan approving authority shall specify such modifications, terms, and conditions that will permit approval of the plan. If no action is taken within thirty (30) days, the plan shall be deemed approved and the applicant authorized to proceed with the proposed activity.
 
(d) An approved plan may be changed by the plan approving authority when:
 
(1) The inspection reveals that the plan is inadequate to satisfy applicable regulations; or
 
(2) The person responsible for carrying out the plan finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this chapter, are agreed to by the plan approving authority and the person responsible for carrying out the plan.
 
No changes may be made to an approved plan without review and written approval by the plan approving authority. The plan shall be acted upon within fifteen (15) days from receipt thereof by either approving said plan in writing or by disapproving said plan in writing and giving specific reasons for its disapproval. When a plan is determined to be inadequate, the plan approving authority shall specify such modifications, terms, and conditions that will permit approval of the plan. If no action is taken within fifteen (15) days, the plan shall be deemed approved and the applicant authorized to proceed with the proposed activity.
 
(e) 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 Virginia Soil and Water Conservation Board for review and approval. The specifications shall apply to:
 
(1) Construction, installation or maintenance of electric transmission, natural gas and telephone utility lines and pipelines; and
 
(2) Construction of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of the railroad company.
 
The Virginia Soil and Water Conservation Board shall have sixty (60) days in which to approve the specifications. If no action is taken by the board within sixty (60) days, the specifications shall be deemed approved. Individual approval of separate projects within subdivisions (1) and (2) of this subsection is not necessary when approved specifications are followed. Projects not included in subdivisions (1) and (2) of this subsection shall comply with the requirements of the city erosion and sediment control program. The board shall have the authority to enforce approved specifications.
 
(f) In order to prevent further erosion, the administrator may require approval of a conservation plan for any land identified in the local program as an erosion impact area.
 
(g) 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. (Ord. No. O-93-039, 2-9-93; Ord. No. O-01-080, 4-24-01, eff. 5-1-01; Ord. No. O-09-121, 10-13-09)
 
Last updated date: 10/15/2009 9:17:10 AM