§ 87-2. Definitions.

As used in the chapter, unless the context requires a different meaning, the following terms shall have the meanings indicated:

ACT

The Erosion and Sediment Control Law, Article 4 (§ 10.1-560 et seq.) of Chapter 5 of Title 10.1 of the Code of Virginia.

ADMINISTRATOR

The official designated by the governing body to serve as its agent to administer this chapter.

AGREEMENT IN LIEU OF A PLAN

A contract between Shenandoah County and the owner which specifies conservation measures which must be implemented in the construction of a single-family dwelling; this contract may be executed by Shenandoah County in lieu of a formal site plan.

APPLICANT

Any person submitting an erosion and sediment control plan for approval or requesting the issuance of a permit, when required, authorizing land-disturbing activities to commence.

BOARD

The Virginia Soil and Water Conservation Board.

CERTIFIED INSPECTOR

An employee or agent of a program authority who holds a certificate of competence from the Board in the area of project inspection or is enrolled in the Board's training program for project inspection and successfully completes such program within one year after enrollment.

CERTIFIED PLAN REVIEWER

An employee or agent of a program authority who holds a certificate of competence from the Board in the area of plan review, is enrolled in the Board's training program for plan review and successfully completes such program within one year after enrollment or is licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1.

CERTIFIED PROGRAM ADMINISTRATOR

An employee or agent of a program authority who holds a certificate of competence from the Board in the area of program administration or is enrolled in the Board's training program for program administration and successfully completes such program within one year after enrollment.

CLEARING

Any activity which removes the vegetative growth cover, including, but not limited to, root mat removal and/or topsoil removal.

COUNTY

The County of Shenandoah.

DEPARTMENT

The Department of Conservation and Recreation.

DEVELOPMENT

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 or SOIL AND WATER CONSERVATION DISTRICT

Herein referred to as "Lord Fairfax Soil and Water Conservation District."

EROSION AND SEDIMENT CONTROL PLAN or PLAN

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 assure that the entire unit or units of land will be so treated to achieve the conservation objectives. Plans for residential subdivisions must also include an overall lot grading plan.

EROSION IMPACT AREA

An area of land not associated with current land-disturbing activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for residential purposes.

EXCAVATING

Any digging, scooping or other methods of removing earth materials.

FILLING

Any depositing or stockpiling of earth materials.

GOVERNING BODY

The Board of Supervisors of Shenandoah County.

GRADING

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

LAND-DISTURBING ACTIVITY

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:

A. 

Minor land-disturbing activities such as home gardens and individual home landscaping, repairs and maintenance work.

B. 

Individual service connections.

C. 

Installation, maintenance or repair of any underground public utility lines when such activity occurs on an existing hard-surfaced road, street or sidewalk, provided that the land-disturbing activity is confined to the area of the road, street or sidewalk which is hard-surfaced.

D. 

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.

E. 

Surface or deep mining.

F. 

Exploration or drilling for oil and gas, including the well site, roads, feeder lines and off-site disposal area.

G. 

Tilling, planting or harvesting of agricultural, horticultural or forest crops or livestock feedlot operations, including engineering operations and agricultural engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the Dam Safety Act, Article 2 (§ 10.1-604 et seq.) of Chapter 6, 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 Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection B of § 10.1-1163 of the Code of Virginia.

H. 

Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company.

I. 

Disturbed land areas of less than 10,000 square feet in size, except that land-disturbing activities, associated with the construction of single-family dwellings, of less than 10,000 square feet on individual lots in a residential development shall not fall under this exemption.

J. 

Installation of fence and sign posts or telephone and electric poles and other kinds of posts and poles.

K. 

Shoreline erosion control projects on tidal waters when all of the land-disturbing activities are within the regulatory authority of and approval 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 chapter.

L. 

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

LAND-DISTURBING PERMIT

A permit issued by the Planning Office of Shenandoah County for the clearing, filling, excavating, grading, transporting of land or for any combination thereof or for any purpose set forth herein.

LOCAL EROSION AND SEDIMENT CONTROL PROGRAM

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

The owner or owners 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, firm or corporation in control of a property. The owner shall be responsible for obtaining all permits and approvals required.

PERMITTEE

The person to whom the permit authorizing land-disturbing activities is issued or the person who certifies that the approved erosion and sediment control plan will be followed.

PERSON

Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of the commonwealth, any interstate body or any other legal entity.

PLAN-APPROVING AUTHORITY

The Planning Office of Shenandoah County.

PLANNING OFFICE

The Planning and Zoning Office of Shenandoah County.

PRECONSTRUCTION CONFERENCE

A meeting on-site, with the owner, excavating contractor, engineer, and the Administrator, or his designee present; required for all sites needing an erosion and sediment control plan, conducted before a land-disturbance permit is issued.

PROGRAM AUTHORITY

The Planning Office of Shenandoah County.

RESPONSIBLE LAND DISTURBER

An individual from the project or development team, who will be in charge of and responsible for carrying out a land-disturbing activity covered by an approved plan or agreement in lieu of a plan, who:

A. 

Holds a responsible land disturber certificate of competence;

B. 

Holds a current certificate of competence from the Board in the areas of combined administration, program administration, inspection, or plan review; or

C. 

Is licensed in Virginia as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1.

SINGLE-FAMILY DWELLING

A noncommercial dwelling that is occupied exclusively by one family.

STATE EROSION AND SEDIMENT CONTROL PROGRAM or STATE PROGRAM

The program administered by the Board pursuant to this chapter, including regulations designed to minimize erosion and sedimentation.

STATE WATERS

All waters on the surface and under the ground wholly or partially within or bordering the commonwealth or within its jurisdiction.

TOWN

An incorporated town.

TRANSPORTING

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 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.