§ 8-21. Land-disturbance permits.

(a)

The environmental engineer shall not issue a land-disturbance permit to an applicant who has submitted a land-disturbance permit application unless:

(1)

The applicant has submitted an erosion and sediment control plan that has been approved by the environmental engineer as meeting the conservation standards;

(2)

The owner and responsible land disturber, as designated by the owner, who are responsible for implementing and maintaining the erosion and sediment control plan certify that they will perform the erosion and sediment control measures included in the plan and any other erosion and sediment control measures deemed necessary by the environmental engineer. When requested by the owner, permit holder or responsible land disturber, the environmental engineer shall provide a written document to the requesting party identifying what additional measures not included in the approved erosion and sediment control plan are necessary, and shall notify the owner of those additional measures;

(3)

The applicant has paid the program administration fee and posted the bond, letter of credit or cash escrow required by this chapter;

(4)

The applicant has implemented and maintained adequate erosion and sediment control measures for any land-disturbing activity that has already taken place;

(5)

Any site plan or improvement sketch required by the zoning ordinance has been approved by the county and, when necessary, by the state department of transportation. However, if the grading, drainage, floodplain erosion and sediment control and Chesapeake Bay Ordinance requirements have been met to the satisfaction of environmental engineer and the site plan has been deemed to be substantially approved by the site plan review team, the environmental engineer may issue the land disturbance permit;

(6)

Any tentative subdivision that is required by the subdivision ordinance has been approved by the county and any road and drainage plan that is required by the subdivision ordinance has been approved by the county and the state department of transportation;

(7)

Copies of the following have been provided:

a.

Any wetlands permits that are required by federal or state law have been issued by the applicable state and federal regulatory agencies, or documentation has been submitted to the environmental engineer from a qualified wetlands expert, approved by the environmental engineer that establishes that a wetlands permit is not required by federal or state law; and

b.

For construction sites of 2,500 square feet or more, a state stormwater management permit application and fee form showing the application has been filed with state department of conservation and recreation.

(8)

The applicant has appointed a designated agent if the applicant does not reside in the state or is a corporation or a partnership.

(b)

Land-disturbance permits shall remain in effect until the land-disturbing activity for which the permit was issued has been completed, as determined by the environmental engineer, unless the permit provides for a different effective time period or unless the environmental engineer, or his designee, revokes the permit.

(c)

Any person who engages in land-disturbing activity on land which is more than 2,500 square feet in area but less than 10,000 square feet in area and that is located in a Chesapeake Bay preservation area shall be issued a land disturbance permit if the person has received minor site plan or improvement sketch approval and if there are no erosion and sediment control violations on the property, without having to comply with the provisions of subsection (a).

(Ord. of 4-9-14(3), § 1)

(Ord. of 4-9-14(3), § 1)