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• Sec. 10-9. Compliance with chapter prerequisite to issuance of permits authorizing land <br />development activities. <br />A grading, building or other permit for activities involving land disturbing activities may be <br />issued by the program authority only as provided herein: <br />(a) The owner shall submit with his application for such permit a proposed erosion and sediment <br />control plan and/or stormwater management plan, as may be required by this chapter, for review <br />and approval pursuant to this article, or an approved erosion and sediment control plan and/or <br />stormwater management plan and certification that the plan(s) will be followed. The permit - <br />issuing department shall not issue a permit until all such required plans have been approved and <br />the required certification(s) are submitted. <br />(b) Prior to issuing a permit, the permit -issuing department shall require, or in the case of an <br />agreement in lieu of a plan may require, the owner to submit a reasonable performance bond with <br />surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement <br />acceptable to the program authority, to ensure that measures could be taken by the city at the <br />applicant's expense, should he fail, after proper notice, within the time specified to initiate or <br />maintain appropriate corrective action which may be required of him by the approved plan as a <br />result of his land -disturbing activity. <br />(c) A bond or other surety required by the permit -issuing department shall not exceed the total of <br />the estimated cost to initiate, maintain and repair all structures, systems, and measures identified <br />within an approved plan, and to comply with all other terms and conditions of the plan. <br />• (1) The amount of the bond or other surety shall be based on unit prices for new public or <br />private sector construction in the City of Charlottesville, Virginia, and a reasonable <br />allowance for estimated administrative costs and inflation which shall not exceed 25% of <br />the estimated cost to initiate, maintain and repair all structures, systems, and measures <br />identified within an approved plan, and to comply with all other terms and conditions of <br />the plan. <br />(2) The performance bond or other surety shall be provided from a date prior to the issuance <br />of any permit from the permit -issuing department or agency until 60 days after the <br />requirements of the approved stormwater management plan have been completed, as <br />determined by the program authority. <br />(3) If approved by the program authority and the city attorney, the owner may submit the <br />performance bond or other surety as part of, or included in, any performance bond or <br />surety required in connection with a site plan, subdivision plat or other required approval. <br />(d) If the program authority is required to take corrective action pursuant to this article, then the <br />city may collect from the owner the amount by which the reasonable cost of such corrective <br />action exceeds the amount of the surety. <br />(e) Within sixty (60) days of the achievement of adequate stabilization of the land -disturbing <br />activity in any land development project or section thereof, the bond, cash excrow, letter of credit <br />or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to <br />County Code. The definition reflects long -settled principles of legal standing, as articulated within various <br />• court opinions through the years. See , ems., Vireinia Beach Beautification Commission v. BZA, 231 Va. <br />415, 344 S.E.2d 899 (1986). <br />M <br />
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