§ 14-150. Submission and approval of plans; content of plans.  


Latest version.
  • (a)

    Except as provided herein, no person may engage in any land-disturbing activity until he or she has submitted to the Administrator an erosion and sediment control plan for the land-disturbing activity, and the Administrator has issued one of the following permits:

    (1)

    A Richmond Stormwater Program Permit pursuant to Article V of this chapter;

    (2)

    A land-disturbing permit if the land-disturbing activity will occur within the City's combined sewer system service area; or

    (3)

    A land-disturbing permit if the land-disturbing activity will occur within the City's municipal separate storm sewer system service area and compliance is required under this article, but not under Article V of this chapter.

    No person shall conduct land-disturbing activity unless and until the Administrator has issued a Richmond Stormwater Management Program Permit, or a land-disturbing permit for the land-disturbing activity. If the land-disturbing activity results from the construction of a detached, separately built 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)

    The applicant shall adhere to the standards contained within the "Virginia Erosion and Sediment Control Regulations" (9VAC25-840-10 et seq.) and the Virginia Erosion and Sediment Control Handbook when making a submittal under the provisions of this article and in the preparation of an erosion and sediment control plan. The Administrator, in considering the adequacy of a submitted plan, shall be guided by the same standards, regulations, and guidelines. When the standards vary between the publications, the restrictive standards shall take precedence.

    (c)

    The Administrator shall review submitted conservation plans and grant written approval within 60 days of the receipt of the erosion and sediment control plan if the Administrator determines that the plan meets the requirements of the State Water Control Board's regulations and if the person responsible for carrying out the plan certifies that he or she will properly perform the conservation measures included in the plan and will conform to the provisions of this article. In addition, as a prerequisite to plan approval, the person responsible for carrying out the plan shall provide the City with the name of an individual who holds a certificate of competence, as provided by Code of Virginia, § 62.1-44.15:55, and who will be in charge of, and responsible for, carrying out the land-disturbing activity. Failure to provide the name of an individual responsible land disturber holding a certificate of competence prior to engaging in land-disturbing activities may result in revocation of the approval of the plan and the person responsible for carrying out the plan shall be subject to the penalties set forth in this article.

    (d)

    The Administrator shall act on the erosion and sediment control plan within 60 days from receipt of a complete application by either approving said plan in writing or by disapproving said plan in writing and giving specific reasons for its disapproval.

    (e)

    When the erosion and sediment control plan is determined to be inadequate, the Administrator 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.

    (f)

    The Administrator may modify an approved erosion and sediment control plan if:

    (1)

    An 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 article, are agreed to by the Administrator and the person responsible for carrying out the plans.

    (g)

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

    (h)

    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.

    (i)

    State agency projects are exempt from the provisions of this article, except as provided for in Code of Virginia, § 62.1-44.15:56.

    (Code 2004, § 50-194; Ord. No. 2014-116-89, § 1, 5-27-2014)

(Code 2004, § 50-194; Ord. No. 2014-116-89, § 1, 5-27-2014)