§ 33-5-202. APPLICATION.

(a)

In general.

(1)

When a permit is required under the provisions of this title, the owner of the affected property or the owner's authorized agent shall file an application for the permit with the Department of Permits, Approvals and Inspections.

(2)

The application shall be accompanied by the approved plans and the permit fee.

(3)

The permit application shall contain an express consent by the owner or owner's authorized agent authorizing entry onto the site for purposes of inspection and enforcement under this title.

(b)

Required plans.

(1)

The application shall include:

(i)

A grading plan approved by the Department of Environmental Protection and Sustainability; and

(ii)

An erosion and sediment control plan approved by the District.

(2)

Any revisions to the grading or erosion and sediment control plans are subject to the review of the approving agency.

(c)

Riverine floodplain study required. A grading permit application for an area within the riverine floodplain of any watercourse shall be accompanied by a grading plan and riverine floodplain study approved by the county.

(d)

Requirements for within the Chesapeake Bay Critical Area. If applicable, an application for a grading permit within the Chesapeake Bay Critical Area shall be accompanied by a forest protection and establishment plan or critical area management plan, as applicable, and a cost estimate approved by the Department of Environmental Protection and Sustainability.

(e)

Expiration.

(1)

All grading permits 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 an extension of up to 1 year on written request.

(f)

Conditions. In approving any permit or extension of a permit, the Department of Permits, Approvals and Inspections may impose conditions on the permit or extension that the Department considers necessary to ensure compliance with the provisions of this title and the preservation of public health and safety.

(g)

State and federal approvals required.

(1)

If a permit application includes any grading or construction activity within a riverine floodplain or wetland area, that activity is subject to the approval and permit requirements of the state and the U.S. Army Corps of Engineers.

(2)

A county permit required under this title may not be issued until all state and federal requirements have been satisfied.

(h)

Department may withhold approval. When a contractor, developer, or owner is in violation of this title, the Department of Permits, Approvals and Inspections may withhold approval of any additional permits requested by that person for construction activity at any location within the county.

(1988 Code, § 14-222) (Bill No. 10-96, § 3, 3-23-1996; Bill No. 94-02, § 2, 7-1-2004; Bill No. 122-10, §§ 13, 30, 1-16-2011; Bill No. 72-12, § 3, 1-9-2013)