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2004_Ordinances
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(b) Upon making a determination that an erosion impact area exists, the program authority shall <br />immediately notify the owner of the property, in writing, of its determination. The notice shall be <br />served by certified mail to the address of the owner based on the most recent tax records of the <br />city, or by personal delivery. The written notice shall (i) instruct the owner to submit an erosion <br />and sediment control plan for review and approval as provided in this article, and (ii) state the <br />date by which the plan must be submitted. <br />(c) Upon receipt of the notice required by this section the owner shall immediately submit to the <br />program authority a conservation plan designed to prevent further erosion, and the owner shall in <br />all other aspects comply with the requirements of the notice and of this article. The owner shall <br />not permit any portion of the land that is the subject of the notice to remain in a condition such <br />that soil erosion and sedimentation causes reasonably avoidable damage or harm to adjacent or <br />downstream property, roads, streams, lakes or ponds. <br />(d) For good cause shown, the program authority may grant to an owner an extension of time to <br />comply with the requirements of this section and this article. <br />Sections 10-24 through 10-30 are reserved. <br />DIVISION 2. EROSION AND SEDIMENT CONTROL PLAN FOR LAND - <br />DISTURBING ACTIVITIES <br />Sec. 10-31. Applicability. <br />This article shall apply to any land disturbing activity. Each owner shall comply with the <br />• requirements of this article, as provided herein: <br />(1) Prior to engaging in any land disturbing activity, or allowing any land disturbing activity to <br />occur, on his property; <br />• <br />(2) At all times during any land disturbing activity until it is completed, including all times when <br />the land disturbing activity is performed by a contractor engaged in construction work; and <br />(3) When notified by the program authority that an erosion impact area exists on his land, and the <br />notice requires the owner to submit an erosion and sediment control plan in order to control <br />erosion and sedimentation; and <br />Sec. 10-32. Responsibilities of owner of land when work to be conducted by contractor. <br />Whenever a land -disturbing activity is proposed to be conducted by a contractor performing <br />construction work pursuant to a construction contract, the preparation, submission and approval <br />of the required erosion and sediment control plan shall be the responsibility of the owner of the <br />land. <br />Sec. 10-33. Conformity to state handbook. <br />All plans and specifications submitted under this article shall be in conformance with the <br />standards, specifications and criteria of the Virginia Erosion and Sediment Control Handbook and <br />those regulations promulgated by the Virginia Soil and Water Conservation Board, including, <br />without limitation, the criteria, techniques and methods set forth in 4VAC50-30-40. <br />-10- <br />
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