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Clearinghouse, including all future amendments thereto, and incorporates them by reference. Whenever the <br />Handbooks and the BMP Clearinghouse conflict, the more stringent shall control. The city hereby designates the <br />city engineer or his designee as the administrator of the Virginia Erosion and Stormwater Management Program <br />established by this article. <br />Sec. 11.1-4. Regulated land disturbing activities. <br />(a) Land -disturbing activity that meet one of the criteria below are regulated as follows: <br />Land -disturbing activity that disturbs 2,500 square feet or more, is less than one acre, not in an area of <br />the city designated as a Chesapeake Bay Preservation Area, and not part of a common plan of <br />development or sale, is subject to criteria defined in Article 2 (9VAC25-875-540 et seq.) of Part V of the <br />Virginia Erosion and Stormwater Management Regulation. <br />Land -disturbing activity that disturbs 2,500 square feet or more, is less than one acre, and in an area of <br />the city designated as a Chesapeake Bay Preservation Area is subject to criteria defined in Article 2 <br />(9VAC25-875-540 et seq) and Article 3 (9VAC25-875-570 et seq) of Part V unless Article 4 (9VAC25-875- <br />670 et seq) of Part V of the Regulation is applicable, as determined in accordance with 9VAC25-875-480 <br />and 9VAC25-875-490. <br />(iii) Land -disturbing activity that disturbs one acre or more is subject to criteria defined in Article 2 <br />(9VAC25-875-540 et seq.) and Article 3 (9VAC25-875-570 et seq.) of Part V unless Article 4 (9VAC25- <br />875-670 et seq.) of Part V is applicable, as determined in accordance with 9VAC25-875-480 and <br />9VAC25-875-490. <br />(iv) Subdivisions of 4 or more lots are subject to criteria defined in Article 2 (9VAC25-875-540 et seq.) and <br />Article 3 (9VAC25-875-570 et seq.) of Part V unless Article 4 (9VAC25-875-670 et seq.) of Part V is <br />applicable, as determined in accordance with 9VAC25-875-480 and 9VAC25-875-490. <br />(b) Land -disturbing activities exempt per 9VAC25-875-90 are not required to comply with the requirements of <br />the VESMA unless otherwise required by federal law. <br />Sec. 11.1-5. Review and approval of plans; prohibitions. <br />(a) The city shall review and approve soil erosion control and stormwater management plans, except for <br />activities not required to comply with the requirements of VESMA, pursuant to Code of Virginia, § 62.1- <br />44.15:34. Activities not required to comply with VESMA are defined in 9VAC25-875-90. <br />(i) Where land -disturbing activities involve lands under the jurisdiction of more than one local control <br />program, an erosion and settlement management plan, at the option of the applicant, may be <br />submitted to the board for review and approval rather than to each jurisdiction concerned. <br />(ii) Where land -disturbing activity results from the construction of a single-family residence, an agreement <br />in lieu of a plan may be submitted for an erosion and stormwater management plan if executed by the <br />city. <br />(b) The erosion and sediment control program of the city shall include a certified program administrator, a <br />certified plan reviewer, and a certified inspector, who may be the same person. All erosion and stormwater <br />management plans shall be reviewed by a certified plan reviewer and inspections of land -disturbing activities <br />shall be conducted by certified inspectors. <br />(c) Except as provided in subsection 11.1-5(a) and 11.1-7(b), no person shall conduct any land -disturbing activity <br />in the city until: <br />(Supp. No. 58) <br />Page 11 of 27 <br />Created: 2024-07-16 08:14:58 [EST] <br />
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