§ 26-163. Permits, fees, bonding, agreements.

(a)

No person shall engage in any land disturbing activity until he has acquired a land disturbing permit from the town, unless the proposed land disturbing activity is specifically exempted from this article.

(b)

A plan review fee of $25.00 shall be paid to the town before a land disturbing permit is issued.

(c)

Before receiving a land disturbing permit, a landowner, on whose property a proposed land disturbing activity is to take place, must sign an agreement certifying his intentions to carry out the provisions of the approved plan and granting right of entry to authorized town officials for the purpose of site inspection.

(d)

The town shall not issue building, grading or other permits for construction projects which require land disturbing activities to an applicant until he submits a land disturbing permit and a copy of the executed agreement described in subsection (c) of this section.

(e)

Prior to issuance of any permit, the town may also require an applicant to submit a reasonable performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to the town to ensure that measures could be taken by the town 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. The amount of the bond or other security for performance shall not exceed the total of the estimated cost to initiate and maintain appropriate conservation action based on unit price for new public or private sector construction in the town and a reasonable allowance for estimated administrative costs and inflation which shall not exceed 25 percent of the estimated cost of the conservation action. If the town takes such conservation action upon such failure by the permittee, the town may collect from the permittee for the difference should the amount of the reasonable cost of such action exceed the amount of the security held. Within 60 days of the achievement of adequate stabilization of the land disturbing activity in any project or section thereof, the 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 based upon the percentage of stabilization accomplished in the project or section thereof. These requirements are in addition to all other sections of this article relating to the issuance of such permits and are not intended to otherwise affect the requirements for such permits.

(Code 1992, § 6-8)

State Law reference— Similar provisions, Code of Virginia, § 10.1-565.

(Code 1992, § 6-8)

State law reference

Similar provisions, Code of Virginia, § 10.1-565.