§ 37.1-66. Definitions.

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Agreement in lieu of a plan means a contract between the plan approving authority and the owner that specifies conservation measures which must be implemented in the construction of a single-family residence; this contract may be executed by the plan approving authority in lieu of a formal site plan or an erosion and sediment control plan.

Applicant means any person submitting an erosion and sediment control plan or an agreement in lieu of a plan for approval or requesting the issuance of a permit, where required, authorizing land-disturbing activities to commence.

Board means The Virginia State Water Control Board.

Certified inspector means an employee or agent of the City of Newport News who (i) holds a certificate of competence from the board in the area of project inspection, or (ii) is enrolled in the board's training program for project inspection and successfully completes such program within one (1) year after enrollment.

Certified plan reviewer means an employee or agent of the City of Newport News who (i) holds a certificate of competence from the board in the area of plan review, (ii) is enrolled in the board's training program for plan review and successfully completes such program within one (1) year after enrollment, or (iii) is licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article 1, Chapter 4 of Title 54.1 of the Code of Virginia (1950, as amended).

Certified program administrator means an employee or agent of the City of Newport News who (i) holds a certificate of competence from the board in the area of program administration, or (ii) is enrolled in the board's training program for program administration and successfully completes such program within one (1) year after enrollment.

Channel means a natural stream or waterway.

Code of Virginia means the laws adopted by the Virginia General Assembly embraced in titles, chapters, articles and sections made effective February 1, 1950, as amended thereafter.

Development means land disturbance and the resulting landform associated with the construction of residential, commercial, industrial, institutional, recreation, transportation or utility facilities or structures or the clearing of land for non-agricultural or non-silvicultural purposes.

Dike means an earthen embankment constructed to confine or control water, especially one built along the banks of a river to prevent overflow of lowlands; levee.

Erosion and sediment control plan, conservation plan or plan means a document containing material relating to the conservation of soil and water resources of a unit or a 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 ensure that the entire unit or units of land will be so treated to achieve the conservation objectives.

Erosion impact area means 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 ten thousand (10,000) square feet or less used for residential purposes or to shorelines where the erosion results from wave action or other coastal processes.

Land-disturbing activity means any land change, including but not limited to clearing, grading, excavating, transporting and filling of land, which may result in soil erosion from water or wind and the movement of sediments into waters or onto adjacent properties.

Local erosion and sediment control program or local control program means an outline of the various methods employed by the city 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.

Natural stream means nontidal waterways that are part of the natural topography. They usually maintain a continuous or seasonal flow during the year and are characterized as being irregular in cross-section with a meandering course. Constructed channels such as drainage ditches or swales shall not be considered natural streams.

Owner means 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.

Permittee means the person to whom the VSMP authority permit is issued.

Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative or any other legal entity.

Plan-approving authority means the city manager, or designee, who is responsible for determining the adequacy of a conservation plan submitted for land-disturbing activities on a unit or units of lands and for approving plans.

Post-development means conditions that may be reasonably expected or anticipated to exist after completion of the land development activity on a specific site or tract of land.

Pre-development means conditions at the time the erosion and sediment control plan is submitted to the VESCP authority. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time the erosion and sediment control plan for the initial phase is submitted for approval shall establish pre-development conditions.

Responsible land disturber means the responsible land disturber can be anyone from the project team or development team holding a responsible land disturber certificate who will be in charge of and responsible for carrying out the land-disturbing activity for the project. In the absence of a specific responsible land disturber certificate issued by the Virginia Department of Conservation and Recreation, persons having the following are automatically considered to be responsible land disturbers: (1) persons holding combined administrator, administrator, plan reviewer, inspector, or contractor certificates issued by the Virginia Department of Conservation and Recreation, and (2) persons holding a valid professional engineer, land surveyor, landscape architect, or architect license issued by the Commonwealth of Virginia. The responsible land disturber cannot be an employee of any local department of conservation and recreation program authority or of the City of Newport News, Virginia (the local permit issuing authority).

Shore erosion control project means an erosion control project approved by local wetlands boards, the Virginia Marine Resources Commission, the Virginia Department of Environmental Quality or the United States Army Corps of Engineers and located on tidal waters and within nonvegetated or vegetated wetlands as defined in Title 28.2 of the Code of Virginia.

Stabilized means land that has been treated to withstand normal exposure to natural forces without incurring erosion damage.

State erosion and sediment control program or state program means the program administered by the board as it relates to this chapter, including regulations designed to minimize erosion and sedimentation.

State waters means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands.

Subdivision means the land subdivided; and, when appropriate to the context, the process of subdividing or re-subdividing. To subdivide means the division of a parcel of land by the owner thereof into lots for the purpose of transfer of ownership or building development and shall specifically include the division of a lot or parcel of land by an owner in order to create within, on, or through that lot or parcel of land a street meeting the specifications of the Subdivision Ordinance of Newport News, Virginia to be dedicated to the public.

(Ord. No. 7017-13, § 1)

Editor's note— Ord. No. 7017-13, § 1, adopted November 26, 2013, shall be in effect on and after July 1, 2014.

(Ord. No. 7017-13, § 1)

Editor's note

Ord. No. 7017-13, § 1, adopted November 26, 2013, shall be in effect on and after July 1, 2014.