§ 87-5. Permits and bonding.

A. 

A land-disturbance permit will be issued by Shenandoah County after:

(1) 

The erosion and sediment control plan has been approved by the Planning Office and certification that the plan will be followed has been submitted to the Administrator.

(2) 

The application and the appropriate fee have been submitted to the Planning Office.

(3) 

A preconstruction conference has been held on-site with the owner, excavating contractor, engineer, and the Administrator or his designee.

(4) 

The person responsible for carrying out the plan has provided the name of an individual holding a certificate of competence, as provided by § 10.1-561 of the Virginia Erosion and Sediment Control Law, who will be in charge of and responsible for carrying out the land-disturbing activity.

(5) 

A reasonable performance bond with surety, cash escrow, letter of credit, or any combination thereof or such other legal arrangement acceptable to Shenandoah County has been posted. The purpose of this posting is to ensure that measures could be taken by the governing body at the applicant's expense should he fail, after proper notice, within the time specified to initiate or maintain appropriate conservation action which may be required of him by the approved plan as a result of his land-disturbing activity.

B. 

The amount of the bond or other security for performance shall be 110% of the total of the estimated cost to initiate and maintain appropriate conservation action.

C. 

Before the bond is released, the following infrastructure shall be completed and stabilized within the subdivision, subsection, or phase as shown on the approved plan:

(1) 

Stormwater conveyance systems, including culverts, road surface, curb and gutter, stormwater structures, drainage swales and ditches, channel linings, stormwater/sediment ponds, and all cleared areas shall be adequately stabilized. Adequate stabilization shall be determined by the Administrator.

(2) 

A certified as-built plan shall be submitted and reviewed by the County before the bond is released. This plan should include stormwater conveyance systems, including curb and gutter, drainage swales and ditches, stormwater/sediment ponds, and graded areas. A letter from the engineer-of-record shall be included with the as-built plan which states that the subdivision has been constructed in accordance with the approved plan.

D. 

If the as-built shows that the subdivision was constructed in accordance with the approved plan and adequate stabilization, as determined by Shenandoah County, has been established in any project or section of a project, such bond or other security for performance, or the unexpended or unobligated portion thereof, shall be either refunded to the applicant or terminated, based upon the percentage of area completed in the project or project section. This refund or termination of the security bond shall take place within 60 days of the establishment of adequate stabilization and within 60 days of submittal of the as-built plan, if approved by Shenandoah County.

E. 

Any applicant aggrieved by a decision of the Administrator with respect to the terms or requirements of such performance bond or other security for performance may cause that decision to be reviewed by the Board of Supervisors, provided that a notice of appeal is filed with the Administrator within 30 days after such decision.

F. 

The appeal shall be considered by the Board of Supervisors at its next regular meeting which occurs no less than 25 days after receipt of the notice of appeal by the Administrator.