§ 37.1-86. Approval or disapproval of plan.

(a)

The city manager, or designee, shall review plans submitted to him and grant written approval within sixty (60) days of the receipt of the plan if he determines that the plan meets the requirements of the guidelines and standards prescribed in this article and if the person responsible for carrying out the plan certifies that he 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 engaging in the land-disturbing activities shown on an approved plan, the person responsible for carrying out the plans shall provide the name of an individual holding a certificate of competence to the city manager, or designee, as provided by § 62.1-44.15:52 of the Code of Virginia, who will be in charge of and responsible for carrying out the land-disturbing activity. However, the city manager, or designee, may waive the certificate of competence requirement for an agreement in lieu of a plan for construction of a single family residence. If a violation occurs during the land-disturbing activity, then the person responsible for carrying out the agreement in lieu of a plan shall correct the violation and provide the name of an individual holding a certificate of competence, issued by the board, as provided by § 62.1-44.15:52 of the Code of Virginia. Failure to provide the name of an individual 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 provided in this article.

(b)

When a plan is determined to be inadequate, written notice of disapproval stating the specific reasons for disapproval shall be communicated to the applicant within forty-five (45) days. The notice shall specify the modifications, terms and conditions that will permit the approval of the plan. If no action is taken by the city manager, or designee, within the time specified above, the plan shall be deemed approved and the person authorized to proceed with the proposed activity.

(c)

Where land-disturbing activities involve lands under the jurisdiction of more than one local control program, it shall be the applicant's responsibility to comply with the program of the jurisdiction wherein any portion of the land is located. However, an erosion and sediment control plan may, at the option of the applicant, be submitted to the board for review and approval rather than to each jurisdiction concerned. Regardless of the procedure followed by the applicant for plan approval, land-disturbing activity which takes place within the municipal boundaries of the City of Newport News shall be inspected by an inspector employed by the city and the charge set forth in this article for a land-disturbing permit shall be paid to the city before any land-disturbing activities will be allowed to commence.

(d)

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

(e)

Electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies and railroad companies shall file a general erosion and sediment control specifications annually with the board for review and approval. The specifications shall apply to:

(1)

Construction, installation or maintenance of electric transmission, natural gas and telephone utility lines and pipelines; and

(2)

Construction of the tracks, rights-of-way, bridges, communications facilities and other related structures and facilities of the railroad company.

(f)

A state agency shall not undertake a project involving a land-disturbing activity unless (i) the state agency has submitted annual specifications for its conduct of land-disturbing activities which have been reviewed and approved by the Virginia Department of Conservation and Recreation as being consistent with the state program, or (ii) the state agency has submitted a conservation plan for the project which has been reviewed and approved by the Virginia Department of Conservation and Recreation.

(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.