§ 8-23. Erosion and sediment control plans.

(a)

Applicants for land-disturbance permits shall submit to the environmental engineer an erosion and sediment control plan for review by the environmental engineer. The erosion and sediment control plan shall identify any Chesapeake Bay preservation areas and shall contain all other information required by the state erosion and sediment control law, the state erosion and sediment control regulations, and the state erosion and sediment control handbook.

(b)

The environmental engineer shall either approve or disapprove an erosion and sediment control plan within 45 days after it is submitted. All approvals and disapprovals shall be in writing. When a plan is disapproved, the environmental engineer shall inform the applicant of the reasons for the disapproval and shall describe modifications to the plan that must be made in order for the plan to be approved. The environmental engineer shall grant written approval of the plan within 45 days of the plan's receipt if he determines that the plan meets the conservation standards. As a prerequisite to engaging in the land-disturbing activities shown on the approved plan, the owner shall certify that he will properly perform the conservation measures included in the plan and will conform to the provisions of this chapter and of Code of Virginia, § 62.1-44.15:51, et seq. and shall provide the name of an individual holding a certificate of competence, as provided by Code of Virginia, § 62.1-44.15:52, who will be in charge of and responsible for carrying out the land-disturbing activity. Failure to provide the name of an individual holding a certificate of competence prior to engaging in land-disturbing activities shall result in the application of the penalties provided in this chapter.

(c)

If the environmental engineer does not approve or disapprove an erosion and sediment control plan within 45 days after an applicant submits such a plan, the erosion and sediment control plan shall be approved. However, the applicant shall fulfill all of the other requirements of section 8-21 before the environmental engineer issues a land-disturbance permit to the applicant.

(d)

The environmental engineer shall require all erosion and sediment control plans to comply with the conservation standards and specifications contained in the state erosion and sediment control handbook before they are approved. In cases where a conflict exists between the state erosion and sediment control regulations (9VAC25-840) and the state erosion and sediment control handbook, the terms of the regulations shall take precedence over the terms of the handbook.

(e)

For construction sites that are adjacent to sensitive environmental features such as RPAs, wetlands and floodplains, the approved plan may incorporate additional measures required by the director of environmental engineering to adequately prevent sediment from entering those resources. In addition, the director of environmental engineering will require additional measures other than the minimum standards contained in the state erosion and sediment control handbook if it is determined that such measures are necessary for protection of sensitive environmental features and/or water resources within the Upper Swift Creek Watershed. At a minimum the measures will consist of:

(i)

Enhanced perimeter protection

(ii)

Utility relocations as part of an approved erosion and sediment control plan and

(iii)

Monthly submittal of an erosion and sediment control report for sites over five acres.

(f)

It shall be unlawful for any person to violate the provisions of an approved erosion and sediment control plan, or any other erosion and sediment control measures deemed necessary by the environmental engineer, as provided for in Code of Virginia, § 62.1-44.15:51 et seq. , 9VAC25-840-40, and the most recently approved edition of the Virginia Erosion and Sediment Control Handbook.

(Ord. of 4-9-14(3), § 1)

(Ord. of 4-9-14(3), § 1)