The purpose of this article is to provide standards and criteria to ensure minimal disturbance of land on minimal slopes and to avoid disturbance of steep slopes.

(1)

General location.

All activities, structures and uses shall be located so as to minimize the disturbance of land with moderately steep slopes, and to avoid the disturbance of land on steep slopes

(2)

Definitions.

(3)

Methods of measurement. The source of delineation of moderately steep slopes and steep slopes shall be the Loudoun County steep slope map or a field-prepared or aerial topographic survey of greater accuracy, certified by a licensed surveyor or engineer. The zoning administrator, based upon the available information, shall determine the slope of any land in question.

(4)

Required performance standards for sensitive areas. No zoning permit shall be issued for any use, structure or activity on any parcel of land which includes within its boundaries moderately steep slopes unless and until the following standards have been met:

(a)

The applicant shall obtain a locational clearance from the Loudoun County Department of Environmental Resources. The applicant shall submit a map or plat showing the location and extent of all moderately steep slopes on the property, as well as the location and extent of all land-disturbing activities, including the proposed building sites, paved areas, drain fields, well locations, and other uses.

(b)

The applicant shall obtain a grading permit in accord with the Purcellville land development and subdivision control ordinance and Section 1220 of the Loudoun County Codified Ordinances for all land-disturbing activities on all slopes.

(c)

The applicant shall incorporate stormwater management best management practices and erosion and sedimentation control practices as defined by the Loudoun County and Town of Purcellville Facilities Standards Manual into the permit application, and such practices shall be approved by the county and town as appropriate.

(5)

Required performance standards for highly sensitive areas. No zoning permit shall be issued for any use, structure or activity for any parcel of land which includes steep slopes within its boundaries until the following standards have been met:

(a)

The applicant shall obtain a locational clearance from the Loudoun County Department of Environmental Resources. The applicant shall submit a map or plat showing the location and extent of all steep slopes on the property, as well as the location and extent of all land-disturbing activities, including the proposed building site, paved areas, drain fields, well locations, and other uses.

(b)

No land-disturbing activities shall be permitted on steep slopes, except as permitted in the Loudoun County Mountainside Overlay District (Section 4-1600) unless the applicant has received a variance from the Purcellville Board of Zoning Appeals under the standards in Article 10, Section 10.3.

(1)

Intent concerning determinations involved in administration and enforcement of performance standards. Determination necessary for administration and enforcement of performance standards set forth in this article range from those which can be made by a reasonable person using normal senses and no equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this ordinance that:

(a)

Where determinations can be made by the zoning administrator or other appropriate county employees using equipment normally available to the county or town, or obtainable without extraordinary expense, such determinations shall be so made before notice of violation is issued.

(b)

Where technical complexity or extraordinary expense makes it unreasonable for the zoning ordinance or county to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for protecting individuals from arbitrary and capricious administration and enforcement of performance standard regulations and for protecting the general public from unnecessary cost for administration and enforcement.

(2)

Simple determination. If the zoning administrator finds that determinations of the nature indicated in Section 9.3(1)(a) above are adequate to demonstrate violations of performance standards in particular cases and if such violations exist, he shall take, or cause to be taken, such lawful action as is appropriate to cause correction of such violations. Failure to obey lawful orders concerning correction of such violations shall be punishable as provided generally for violations herein and in other laws or regulations affecting the case.

(3)

Complex determination. If the zoning administrator finds that determinations of the nature indicated in Section 9.3(1)(b) above are required to make precise measurements regarding potential violations of performance standards set forth herein and, if in his/her considered judgment, he/she believes there is no violation of such performance standards, the following procedures shall be followed:

(a)

Notice and answer. The zoning administrator shall give notice by registered mail or other means of insuring requiring a signed receipt for such notice to the person or persons responsible for the alleged violation. The notice shall describe the particulars of the alleged violation and the reasons why the zoning administrator believes there is a violation and shall require an answer or correction of the alleged violation to the satisfaction of the zoning administrator within a time limit set by him/her, but not to exceed 60 days. The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the zoning administrator within the time limit set constitutes cause for the zoning administrator to proceed with enforcement, as provided in Article 10, Section 10.14. The notice shall further state that, upon request of those to whom it is directed, technical determinations, as described in this ordinance, will be made and that if violations, as alleged, are found, cost of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate. However, if it is determined that no violation exists, the cost of the determination will be paid by the town/county.

(b)

Correction of violation. If there is no reply within the time limit set, but the alleged violation is corrected to the satisfaction of the zoning administrator, he/she shall note "violation corrected" on his/her copy of the notice, shall retain it among the official records and shall send a copy to the alleged violator, in addition to taking such other action as may be warranted.

(c)

Action—Continuation of violation. If there is no reply within the time limit set (thus establishing admission of violation, as provided in Section 9.3(3)(a) above), and the alleged violation is not corrected to the satisfaction of the zoning administrator within the time limit, he shall proceed to take, or cause to be taken, such action as is warranted by continuation of a violation after notice to cease.

(d)

Time extension. If a reply is received within the time limit set indicating that the alleged violation will be corrected to the satisfaction of the zoning administrator but requesting additional time, the zoning administrator may grant an extension if it is deemed warranted in the circumstances of the case and if the extension will not, in his/her opinion, cause imminent peril to life, health, or property. If the extension is not granted, the zoning administrator shall proceed to bring legal action, as provided in Article 10, Section 10.14 of this ordinance.

(e)

Cost of determinations—Responsibility. If a reply is received within the time limit set requesting technical determination, as provided in this ordinance, and if the alleged violations continue, the zoning administrator may call in properly qualified experts to make the determinations. If expert findings indicate violation of the performance standards, the cost of the determinations shall be assessed against the properties or persons responsible for the violation, in addition to such other penalties as may be appropriate under the terms of Article 10, Section 10.14. If no violation is found, the costs of the determinations shall be paid by the town/county without assessment against the properties or persons involved.