(a) Periodic Inspections. The Department of Building and Development, through a certified Virginia Department of Environmental Quality Erosion and Sediment Control Inspector, shall conduct inspections of any land-disturbing activity for which a grading permit has been issued. The inspector shall assess compliance with the approved erosion and sediment control plan and County Codified Ordinances as well as the Virginia Erosion and Sediment Control Law and Regulations. The inspector shall inspect site projects in accordance with the Department of Building and Development Erosion and Sediment Control Program Enforcement Protocol, or as amended, and “Board” approved Alternative Inspection Program in accordance with the Virginia Erosion and Sediment Control Regulations (4VAC50-30-60B).
(b) Procedure in the Event of Noncompliance. If the Director of the Department of Building and Development, or his designee, determines that the permittee has failed to comply with the approved plan, such Director, or his designee, shall immediately serve or have served upon the permittee, by hand delivery or by registered or certified mail, to the address specified by the permittee in his permit application, a notice to comply. Such notice shall set forth specifically the measures needed to come into compliance with such plan and shall specify the time within which such measures shall be completed. If the permittee fails to comply within the time specified or to initiate the required corrective action within a reasonable time after such notice, he shall be subject to immediate revocation of his permit by action of the Director and he shall, further, be deemed in violation of this chapter and, upon conviction, shall be subject to the penalties provided in this chapter. In addition, upon failure of the permittee to comply within the time specified, or to initiate the required corrective action within a reasonable time after such notice, the Director shall have the right, at his sole discretion, to immediately enforce the terms of the financial guarantee of performance and maintenance given by the permittee.
Notwithstanding any other provision of this chapter, whenever the Director determines that there has been a failure to comply with a notice of compliance issued under this section, the Director may order or recommend that any other permit associated with the grading permit, or license issued to the permittee, or to any other party, the activity to be performed under which can properly be considered to be dependent on or substantially related to the proper execution of the approved plan, be revoked until such time as the permittee is once again determined by the Director to be in compliance with the approved plan, and this provision shall be deemed authority for any appropriate official of the County Government, or any town, where appropriate, to revoke such other permit or license. Such other permits or licenses shall include, but are not necessarily limited to, building permits, zoning permits and clearances, health permits and other land-disturbing activity permits. In the event of the revocation of a grading permit or the issuance of a Stop Work Order, the owner or applicant shall be required to re-apply for the grading permit and submit the required grading permit fees based on fee schedules at the time of revocation or the issuance of a Stop Work Order for the grading permit, or as amended, and successfully pass site compliance inspection.
(c) Procedure in the Event of Noneffectiveness. At any time after the issuance of a permit under this chapter, the Director of the Department of Building and Development may change or amend the approved plan in either or both of the following cases:
(1) Where inspection has revealed the inadequacy of the plan to satisfy applicable regulations; or
(2) Where the permittee finds that, because of changed circumstances or for other reasons, the approved plan cannot be effectively carried out, and proposed amendments to the approved plan, consistent with the requirements of this chapter, are agreed upon by the Director and the permittee.
(Ord. 95-08. Passed 9-20-95; Ord. 05-01. Passed 1-11-05; Ord. 17-12. Passed 12-13-17.)