§ 33-4-108. PERMITS.

(a)

Grading or building permits. A grading or building permit may not be issued for any site unless the security required under Article 32 of the Code has been posted, an environmental agreement has been executed, and:

(1)

A final erosion and sediment control plan has been approved by the Soil Conservation District;

(2)

A final stormwater management plan has been approved by the Department and the County Soil Conservation District; or

(3)

An exemption, waiver, or variance has been granted under this title.

(b)

Issuance of a stormwater management permit. A stormwater management permit may not be issued without:

(1)

Processing of on-site easements for the stormwater devices, practices, or both and easements to provide adequate access for inspection and maintenance from a public right-of-way;

(2)

Completion of an environmental agreement;

(3)

The posting of security as required by § 32-4-312 of the Code;

(4)

Acquisition of all necessary off-site easements and rights-of-way; and

(5)

Issuance of all required federal or state permits.

(c)

Stormwater management permit - Application.

(1)

When stormwater management devices, practices, or both are required, the applicant shall apply for a stormwater management permit with the Department of Permits, Approvals and Inspections.

(2)

(i)

The application shall be accompanied by the permit fee and plans approved by the Department of Environmental Protection and Sustainability.

(ii)

The County Administrative Officer shall:

1.

Establish the permit fee with a view toward off-setting the cost of inspections, reviews, and administrative costs associated with processing applications; and

2.

Review the fee annually.

(iii)

The Department of Permits, Approvals and Inspections may not accept the permit application for processing until the fee has been paid to the county.

(d)

Same — Conditions. In approving any permit or an extension of a permit, the Department of Environmental Protection and Sustainability may impose conditions on a permit or extension of a permit to ensure:

(1)

Compliance with the provisions of this title; and

(2)

The preservation of the public health and safety.

(e)

Same — Expiration.

(1)

All permits issued expire 2 years after the issue date.

(2)

If the permittee is unable to complete the work within the specified time, the Department of Permits, Approvals and Inspections may grant extensions of 1 year on written request.

(f)

Same — Revocation. After written notice to the permittee, at the request of the Director of Environmental Protection and Sustainability, the Department of Permits, Approvals and Inspections may revoke or suspend a stormwater management permit for:

(1)

Any violation of the conditions of the permit;

(2)

Construction that is not in accordance with the approved plans; or

(3)

Noncompliance with a correction notice or a stop work order issued for the construction of the structure.

(g)

Same - Additional work. Before starting any additional work necessitated by a revision in the approved final stormwater management plans, the permittee shall amend the permit and pay the additional fee caused by an increase in the scope of the work to be performed.

(1988 Code, § 14-157) (Bill No. 49, 1996, § 6, 7-1-1996; Bill No. 38-98, § 1, 6-20-1998; Bill No. 53-01, § 1, 7-2-2001; Bill No. 94-02, § 2, 7-1-2004; Bill No. 25-10, § 1, 6-1-2010; Bill No. 122-10, §§ 13, 30, 1-16-2011)

Editor's note:
  Section 3 of Bill No. 25-10 provides that the legislation is retroactive to May 4, 2010.