A grading or building permit may not be issued for any parcel
or lot unless final erosion and sediment control has been approved
by the SCD and stormwater management plans have been approved by the
Wicomico County Department of Public Works as meeting all the requirements
of the Design Manual and this chapter. Where appropriate, a building
permit may not be issued without:
A.
Recorded easements for the stormwater management facility and easements
to provide adequate access for inspection and maintenance from a public
right-of-way;
B.
A recorded stormwater management maintenance agreement as described in § 196-24 of this chapter; and
C.
A performance bond or alternative as described in § 196-20 of this chapter.
[Amended 6-5-2012 by Bill
No. 2012-6]
D.
Permission from adjacent property owners as necessary.
Nonrefundable permit fees will be collected at each phase of
stormwater management plan submittal. Permit fees will provide for
the cost of plan review, administration, and management of the permitting
process, and inspection of all projects subject to this chapter. A
permit fee schedule shall be established by Wicomico County based
upon the relative complexity of the project and may be amended from
time to time.
Any grading or building permit issued by Wicomico County may
be suspended or revoked after written notice is given to the permittee
for any of the following reasons:
A.
Any violation(s) of the conditions of the stormwater management plan
approval;
B.
Changes in site runoff characteristics upon which an approval or
waiver was granted;
C.
Construction is not in accordance with the approved plan;
D.
Noncompliance with correction notice(s) or stop-work order(s) issued
for the construction of any stormwater management practice; and
E.
An immediate danger exists in a downstream area in the opinion of
Wicomico County.
In granting an approval for any phase of site development, the
Wicomico County Department of Public Works may impose such conditions
that may be deemed necessary to ensure compliance with the provisions
of this chapter and the preservation of public health and safety.
A.
The Wicomico County Department of Public Works shall require from
the developer a surety or cash bond, irrevocable letter of credit,
or other means of security acceptable to the Wicomico County Department
of Public Works prior to the issuance of any building and/or grading
permit for the construction of a development requiring stormwater
management. The amount of the security shall not be less than 150%
of the total estimated construction cost of all stormwater management
facilities. The bond required in this section shall include provisions
relative to forfeiture for failure to complete work specified in the
approved stormwater management plan, compliance with all of the provisions
of this chapter, and other applicable laws and regulations, and any
time limitations. The bond shall not be fully released without a final
inspection of the completed work by the Wicomico County Department
of Public Works, submission of as-built plans, and certification of
completion by the Wicomico County Department of Public Works that
all stormwater management facilities comply with the approved plan
and the provisions of this chapter.
B.
To release a portion of the performance bond held by Wicomico County
after various stages of construction have been completed and accepted
by the Wicomico County Department of Public Works, the developer must
request that a certain portion of the bond be released. The Department
of Public Works will verify the percentage of work that has been completed.
Once verification of the work has been completed, the original bond
can be released and then a new bond shall be issued for 150% of the
estimated construction costs of the work remaining.
C.
For construction
of agricultural uses including farm accessory buildings requiring
stormwater management, the requirement for a bond shall be waived.
Upon certification that the stormwater management facilities have
been completed in compliance with the approved plans, and as-built
plans have been submitted and approved, a certificate of occupancy
shall be issued.
[Added 6-5-2012 by Bill
No. 2012-6]
