(A) 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 VPDES permit coverage where it is required.
(B) 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), has paid the fees and has posted the required bond.
(C) An administrative fee per the fee schedule shall be paid to Northampton County at the time of submission of the erosion and sediment control plan.
(D) No land-disturbing permit shall be issued until the applicant submits with his or her 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.
(E) (1) All applicants for permits shall provide to Northampton County a performance bond with surety, cash escrow, or an irrevocable letter of credit acceptable to the Director of Planning, Permitting and Enforcement, to ensure that measures could be taken by Northampton 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 or her land-disturbing activity.
(2) 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 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 Northampton County to take such conservation action, Northampton County may collect from the applicant any costs in excess of the amount of the surety held. Within 60 days of adequate stabilization, as determined by the Director of Planning, Permitting and Enforcement, 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 relating to the issuance of permits and are not intended to otherwise affect the requirements for such permits.
(Ord. passed 4-9-2024)