§ 104-1-4. Approved plan required for issuance of grading, building or other permits; security for performance.  


Latest version.
  • Neither the Director, nor any agency authorized under any law to issue grading, building, or other permits for activities involving land-disturbing activities, may issue any such permits unless the applicant submits with his application an approved conservation plan, certification that the plan will be followed, and, where required, evidence of VSMP permit coverage. Prior to issuance of any permit, the person responsible for carrying out the plan shall provide the name of an individual holding a certificate of competence to the Director, as provided by Virginia Code, § 62.1-44.15:52, who will be in charge of and responsible for carrying out the land-disturbing activity. The Director, prior to issuance of any permit, may also require from any applicant a reasonable performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to the Director, to ensure that measures could be taken by the County at the applicant's expense should he fail, after proper notice, within the time specified to initiate or maintain appropriate conservation action which may be required of him by the approved plan as a result of his land-disturbing activity. If the County takes such conservation action upon any failure by the permittee, the County may collect from the permittee the reasonable cost of such action which exceeds the amount of security held. Following the issuance of any permit, the Director, or his agents, shall have the right to enter and inspect the permittee's property at all times prior to release of the project. Within 60 days of the completion of adequate stabilization of the land-disturbing activity, as determined by the Director, such bond, cash escrow, letter of credit or other legal arrangement, or the unexpended or unobligated portion thereof shall be refunded to the applicant or terminated. These requirements are in addition to all other provisions of law relating to the issuance of such permits and are not intended to otherwise affect the requirements for such permits.

    (5-82-104; 15-89-104; 21-93-104; 37-03-104; 04-14-104.)

(5-82-104; 15-89-104; 21-93-104; 37-03-104; 04-14-104.)