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2004_Ordinances
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(b) During its review of the plan, the program authority may meet and correspond with the owner <br />from time to time to review and discuss the plan with the owner, and to request any additional <br />data as may be reasonably necessary for a complete review of the plan. <br />(c) The program authority shall approve or disapprove a plan within 45 days from the date a <br />complete application was received. The decision of the program authority shall be based on the <br />plan's compliance with the requirements of this article and with applicable state laws and <br />regulations. The decision shall be in writing and shall be communicated to the applicant by mail <br />or delivery. If the plan is rejected or disapproved, the specific reasons for such disapproval (with <br />reference to the relevant ordinances, laws or regulations) shall be stated in the decision. If the <br />program authority fails to act on a plan within the 45 -day period, the plan shall be deemed <br />approved. <br />(d) Nothing in this article or section shall require approval of a plan, or any portion thereof, that is <br />determined by the program authority to pose a danger to the public health, safety, or general <br />welfare, or to deviate from sound engineering practices. <br />Sec. 10-54. Conditions of approval. <br />Each stormwater management plan approved by the program authority shall be subject to the <br />following: <br />(1) The owner shall comply with all applicable requirements of this article, the Virginia <br />Stormwater Management Act (Va. Code §§ 10.1-603.2 et seq), the state stormwater regulations set <br />forth in 4 VAC 3-20-10 et seq, and the Virginia Stormwater Management Handbook. <br />• (2) The owner shall certify in writing that all land clearing, construction, land development and <br />drainage will be done according to the approved plan. <br />(3) Land development shall be conducted only within the area specified within the approved plan <br />(4) The rights granted by virtue of the approved plan shall not be transferred, assigned or sold <br />unless a written notice of transfer, assignment or sale is filed with the program authority and the <br />recipient of such rights provides the certification required by provision (2), above. <br />(5) The program authority shall be allowed, after giving reasonable notice to the owner, occupier <br />or operator of the land development, to conduct periodic inspections of the land development to <br />determine the owner's compliance with the provisions of this article. The program authority may <br />require, as a condition of approval of a stormwater management plan, that the owner enter into a <br />right of entry agreement, or grant an easement, for purposes of inspection and maintenance. If <br />such agreement or easement is required, the program authority shall not be required to give notice <br />prior to conducting an inspection. <br />(6) As a condition of approval of a stormwater management plan, the program authority may <br />require the owner to monitor and report to the program authority as follows: <br />(i) Any monitoring conducted by the owner shall be for the purpose of ensuring <br />compliance with the approved stormwater management plan and to determine <br />whether the plan provides effective stormwater management. <br />(ii) The condition(s) requiring monitoring and reporting shall state the method and <br />• frequency of such monitoring. <br />-21 - <br />
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