Agencies authorized under any other law to issue grading, building,
or other permits for activities involving land-disturbing activities
shall not issue any such permit unless the applicant submits with
his or her application an approved erosion and sediment control plan,
certification that the plan will be followed and evidence of state
permit coverage where it is required.
A.
The County may charge applicants a reasonable fee to defray the cost
of program administration, including costs associated with the issuance
of grading or land-disturbing permits, plan review, and periodic inspection
for compliance with erosion and sediment control plans if charges
for such costs are not made under any other law, ordinance or program.
The fee shall not exceed any amount commensurate with the services
rendered, taking into consideration the time, skill and administrator's
expense involved, or $1,000, whichever is less.
B.
Land-disturbing permits and agreements in lieu of a plan shall be
valid for one year from date of approval. Upon expiration, the land-disturbing
permit or agreement in lieu of a plan shall be renewed by the applicant
within 10 days of expiration of such permit. Renewal fees for land-disturbing
permits shall be based on the existing disturbed area and any remaining
area to be disturbed.
A.
No person may engage in any land-disturbing activity until he or
she has acquired a land-disturbing permit, unless the proposed land-disturbing
activity is specifically exempt from the provisions of this chapter,
and has paid the fees and posted the required bond. No land-disturbing
permit shall be issued until the applicant submits with the application
an approved erosion and sediment control plan or agreement in lieu
of an approved erosion and sediment control plan and certification
that the plan will be followed.
B.
All applicants for permits shall provide to Mathews County a performance
bond with surety, cash escrow, or an irrevocable letter of credit
acceptable to the administrator to ensure that measures could be taken
by Mathews County at the applicant's expense should the applicant
fail, after proper notice, within the time specified, to initiate
or maintain appropriate conservation measures required of him or her
by the approved plan as a result of his land-disturbing activity.
C.
The amount of the bond or other acceptable instrument shall not exceed
the total of the estimate to initiate and maintain appropriate conservation
action based on unit price for new public or private sector construction
in the locality and a reasonable allowance for estimated administrative
costs and inflation which shall not exceed 25% of the cost of the
conservation action. Should it be necessary for Mathews County to
take such conservation action, Mathews County may collect from the
applicant any costs in excess of the amount of the surety held. The
amount will be determined by the VESCP plan approving authority.
D.
Within 60 days of adequate stabilization, as determined by the VESCP
plan approving authority, in any project or section of a project,
such bond, cash escrow or letter of credit, or the unexpended or unobligated
portion thereof, shall be either refunded to the applicant or terminated,
based upon the percentage of stabilization accomplished in the project
or project section. These requirements are in addition to all other
provisions related to the issuance of permits and are not intended
to otherwise affect the requirements for such permits.
A legal binding agreement shall be executed by each applicant
for an approved erosion and sediment control plan to provide right
of entry by the appropriate persons for the purpose of inspection,
monitoring, and installation, or maintenance of erosion and sediment
control measures in the event the applicant fails to install or maintain
such measures after notice in writing.
These requirements are in addition to all other provisions relating
to the issuance of permits and are not intended to otherwise affect
the requirements for such permits.