(A) Each and every new development is required to contribute to the Resource Remediation Fund. This fund will provide assurance that all exposed soil surfaces will be stabilized, and any other areas of storm water management and sediment control deficiency will be addressed, in the event a development discontinues or proper control measures are not installed and/or maintained.
(B) Prior to the issuance of any building and/or land disturbance permit for a development or phase of development, every applicant must pay York County a non-refundable resource remediation fee in accordance with Chapter 31 - County Policies of this code. These fees will be held in a separate, use restricted, interest bearing account known collectively as the Resource Remediation Fund (the “RRF”). Monies deposited into the RRF may be used by the county to remediate sites that, in the determination of the Stormwater Administrator: are under construction or post-construction and developed; have been abandoned; have been left in an unstable condition; or contain stormwater management or sediment control deficiencies in violation of this chapter. By submitting an application for land disturbing activity, each applicant gives the county express authority to enter upon the subject property during and after development activities for the purpose of performing inspections and/or needed remediation, as determined by the Stormwater Administrator.
(C) For all new development and all redevelopment of sites, an applicant must provide to the county a notarized certification that the applicant has no known direct or indirect contractual, business, financial, or familial relationship (“relationship”) to a RRF site where fund money is outstanding or operator at such site. Based on this statement, the county has the right to request, and the applicant must supply, additional specific information concerning any such affiliations.
(D) For sites at which monies from the RRF are spent, an applicant with a relationship to any operator on such RRF site(s) or a relationship with a person who in the past has significantly failed to comply with any provision of this chapter or previously issued permit, will not be allowed to further participate in this program and no further review of a permit for land disturbing activity will be conducted by the county or permit issued, until such time that all RRF monies are repaid to the county in full by the applicant or other such related person. This is in addition to any other penalty or injunctive relief authorized under this chapter.
(E) Staff will review funding on an annual basis and recommend any needed changes.
(Ord. 2819, passed 6-17-19)