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Any work performed on a priority development project or land disturbance activities on a construction project performed without first obtaining a Standard SWQMP, PDP SWQMP, SWPPP or other plan required by this Chapter and any violation of one or more conditions contained in such a plan where the violation results in or threatens to result in the discharge of pollutants in stormwater or a prohibited, non-stormwater discharge to the stormwater conveyance system or receiving waters, shall be grounds for denying for five years all applications for grading permits, administrative permits, site plans, use permits, major and minor subdivisions, rezones, specific plans, specific plan amendments, general plan amendments and other land development applications proposed for the property on which the violation occurred. The "property" shall be deemed to include the lot or parcel on which the violation occurred, together with all adjacent parcels owned by the same person or entity or which are part of a common plan of development. The five-year period shall commence from the date of the violation, if documented, or from the date of discovery of the violation. The Board of Supervisors may waive the penalty imposed by this subsection, for good cause. Any such waiver, if granted, shall in no way relieve the owner or applicant for any such subsequent land development application, of their duty to include the environmental effects of the violation in any environmental analysis performed for the subsequent application, to restore or rehabilitate the site, implement such BMPs and/or pollution prevention practices as may be necessary to resolve the violation, and provide substitute or compensating resources, or perform other appropriate measures to mitigate the adverse effects of the illegal activity.
(Added by Ord. No. 10385 (N.S.), effective 6-12-15; amended by Ord. No. 10410 (N.S.), effective 2-26-16)
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