§ 34-35. Permits; fees; security for performance.

(a)

Agencies authorized under any other law to issue grading, building or other permits for activities involving land disturbing activities may not issue any such permit unless the applicant submits with his application an approved erosion and sediment control plan and certification that the plan will be followed.

(b)

No person may engage in any land disturbing activity until he has acquired a land disturbing permit, unless the proposed land disturbing activity is specifically exempt from the provisions of this article, and has paid the fees and posted the required bond.

(c)

An administrative fee as established and amended by the Board of Supervisors of Cumberland County shall be paid to Cumberland County at the time of submission of the erosion and sediment control plan.

(d)

No land disturbing permit shall be issued until the applicant submits with his application an approved erosion and sediment control plan and certification that the plan will be followed.

(e)

All applicants for permits shall provide to Cumberland County a performance bond, cash escrow or an irrevocable letter of credit acceptable to the program administrator, to ensure that measures could be taken by Cumberland County at the applicant's expense should the applicant fail, after proper notice, within the time specified to initiate or maintain appropriate conservation measures required of him by the approved plan as a result of his land disturbing activity.

(1)

The amount of the bond or other security for performance shall not exceed the total of the estimated cost to initiate and maintain appropriate conservation action based on unit price for new public or private sector construction in the locality and a reasonable allowance for estimated administrative costs and inflation which shall not exceed 25 percent of the cost of the conservation action. Should it be necessary for Cumberland County to take such conservation action, Cumberland County may collect from the applicant any costs in excess of the amount of the surety held.

(2)

Within 60 days of adequate stabilization, as determined by the program administrator in any project or section of a project, such bond, cash escrow or letter of credit, or the unexpended or unobligated portion thereof, shall be either refunded to the applicant or terminated, based upon the percentage of stabilization accomplished in the project or project section.

(Ord. No. 09-02, 4-14-2009)

(Ord. No. 09-02, 4-14-2009)