§ 87-4. Plan submission.

A. 

Except as provided herein, no person may engage in any land-disturbing activity until he or she has submitted to the Planning Office of Shenandoah County an erosion and sediment control plan for the land-disturbing activity, and such plan has been approved by the plan-approving authority and a land-disturbance permit has been issued by the Administrator. It shall be the responsibility of the owner to secure such approval. Plans submitted shall include two sets of drawings, a completed application, and the appropriate plan review fee. 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. Where the 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 Shenandoah County.

B. 

The standards contained within the Virginia Erosion and Sediment Control Regulations and the Virginia Erosion and Sediment Control Handbook are to be used by the applicant when making a submittal under the provisions of this chapter and in preparation of an erosion and sediment control plan. Shenandoah County, in considering the adequacy of a submitted plan, shall be guided by the same standards, regulations and guidelines.

(1) 

In addition, an overall lot grading plan shall accompany erosion and sediment control plans for all residential subdivisions. It is required that the developer provide the builder/owner of lots within that subdivision a copy of the original engineered site grading plan. A copy of this plan shall be submitted by the builder/owner as part of the agreement in lieu of a plan application for land disturbance related to house construction. If the residential subdivision requires permanent stormwater detention facilities, a maintenance agreement shall be submitted as part of the plan detailing the responsible entity for maintaining the detention facility. This agreement shall include a schedule of when routine maintenance is to occur.

(2) 

Before a certificate of occupancy is issued for new dwellings on lots for which grading plans were required, the following must be completed:

(a) 

A certified as-built plan showing properly annotated boundary lines, setback lines, house footprint, offsets to house, elevations as necessary to show positive drainage, driveways, final floor elevations to include basement, first floor and garage, and erosion and sediment controls, if required. The as-built plan shall be accompanied by a document prepared by a professional engineer or a certified land surveyor certifying that the as-built conditions meet the intent of the approved site grading plan.

C. 

The Planning Office shall review conservation plans submitted to it and shall act on them within 45 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 the plan is determined to be inadequate, the Planning Office shall specify such modifications, terms and conditions that will permit approval of the plan. If no action is taken within 45 days, the plan shall be deemed approved and the person shall be authorized to proceed with the proposed activity.

D. 

An approved plan may be changed by the Planning Office when:

(1) 

Inspections reveal 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 Planning Office and the person responsible for carrying out the plans.

E. 

In order to prevent further erosion, Shenandoah County may require approval of a plan for any land identified in the local program as an erosion impact area.

F. 

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 Board for review and written comments. The specifications shall apply to:

(1) 

Construction, installation or maintenance of electric, 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.

G. 

State agency projects are exempt from the provisions of this chapter except as provided for in the Code of Virginia, § 10.1-564.