If a stormwater management plan may be required by this chapter for a parcel or lot of land, a grading or building permit shall not be issued for such parcel or lot of land unless a stormwater management plan has been approved or waived according to the specifications of this chapter 281 of the Code. A building permit may not be issued without:
A.
Recorded easements for the placement of all stormwater management
practices, and easements to provide adequate access to and from such
stormwater management practices for inspection and maintenance of
such stormwater management practices from a public right-of-way;
B.
A recorded maintenance agreement, in accord with § 281-25, relating to all such stormwater management practices;
C.
A performance bond for the construction of all such stormwater management
practices in accordance with the approved stormwater management plan;
D.
Written and recorded permission from adjacent property owners as
necessary; and
E.
In the case of building permits for residential or commercial lots, a site plan for each lot showing all proposed construction and delineating all areas to be occupied by nonstructural stormwater management practices for which curve number (CN) credits have been taken in the approved stormwater management plan. This site plan shall become the basis for inspections conducted in accord with §§ 281-23A(7) and 281-24C(4)(i).
A.
A nonrefundable permit fee shall be paid by the owner to the Town
at the time the stormwater management plan or application for waiver
is submitted. The permit fee shall be set by resolution of the COSM.
B.
The applicant shall pay all fees incurred for the review and recommendation
of the Town's consulting engineers and/or assessed against the
Town by the enforcement authority. The applicant shall deposit with
the Town those fees and charges reasonably anticipated for engineering
review. Any overage deposited with the Town shall be returned to the
applicant.
In granting the plan approval, the enforcement authority may
impose such conditions that may be deemed necessary to ensure compliance
with the provisions of this chapter and the preservation of the public
health and safety.
Any permit, approval, or waiver issued pursuant to this chapter
by the enforcement authority may be suspended or revoked after written
notice is given by the enforcement authority to the owner for any
of the following reasons:
A.
Any violation of such permit, approval, or waiver, or any violation
of any plan or condition that is the subject or basis of such a permit,
approval, or waiver;
B.
Any change in any site runoff characteristics upon which such permit,
approval, or waiver was granted;
C.
Failure of the owner, its agent, or assignee to perform in accordance
with such permit, approval, or waiver, or any plan or condition that
is the subject or basis of such a permit, approval, or waiver;
D.
Noncompliance with any correction notice or stop-work order issued
for, or relating to, the construction, maintenance, or operation of
a stormwater management practice; or
E.
Existence of an immediate danger in a downstream area which, in the
opinion of the enforcement authority, may be caused, exacerbated,
or relieved by the existence, termination of operation, or maintenance
of, or any failure relating to, a stormwater management practice that
is the subject of such permit, approval, or waiver.
