10.1-565 - Approved plan required for issuance of grading, building, or other permits; security for performance. - Virginia Statutes

§ 10.1-565. Approved plan required for issuance of grading, building, orother permits; security for performance.

Agencies authorized under any other law to issue grading, building, or otherpermits for activities involving land-disturbing activities may not issue anysuch permit unless the applicant submits with his application an approvederosion and sediment control plan and certification that the plan will befollowed. Prior to issuance of any permit, the agency may also require anapplicant to submit a reasonable performance bond with surety, cash escrow,letter of credit, any combination thereof, or such other legal arrangementacceptable to the agency, to ensure that measures could be taken by theagency at the applicant's expense should he fail, after proper notice, withinthe time specified to initiate or maintain appropriate conservation actionwhich may be required of him by the approved plan as a result of hisland-disturbing activity. The amount of the bond or other security forperformance shall not exceed the total of the estimated cost to initiate andmaintain appropriate conservation action based on unit price for new publicor private sector construction in the locality and a reasonable allowance forestimated administrative costs and inflation which shall not exceedtwenty-five percent of the estimated cost of the conservation action. If theagency takes such conservation action upon such failure by the permittee, theagency may collect from the permittee for the difference should the amount ofthe reasonable cost of such action exceed the amount of the security held.Within sixty days of the achievement of adequate stabilization of theland-disturbing activity in any project or section thereof, the bond, cashescrow, letter of credit or other legal arrangement, or the unexpended orunobligated portion thereof, shall be refunded to the applicant or terminatedbased upon the percentage of stabilization accomplished in the project orsection thereof. These requirements are in addition to all other provisionsof law relating to the issuance of such permits and are not intended tootherwise affect the requirements for such permits.

(1973, c. 486, § 21-89.7; 1980, c. 35; 1988, cc. 694, 891; 1996, c. 275.)