Erosion and sediment control plan required; review; approval

A. Plan. To obtain approval for a land-disturbing activity, an applicant shall first file with the Department of Planning and Redevelopment or its designee an erosion and sediment control plan signed by the owner of the property, or authorized agent, on which the work subject to approval is to be performed. The plan or drawings, as described in § 410-92.6 of this article, shall include proposed erosion and sediment control measures to be employed by the applicant or the applicant’s agent.
B. Plan review.
- (1) Within 10 working days of the receipt of a completed plan, the Director of Planning and Redevelopment or his/her designee shall send a copy of the plan to the review authorities that may include the Public Works Department, the Planning Board, Zoning and Code Enforcement Department, or Division of Engineering for the purpose of review and comment. The Director of Planning and Redevelopment or his/her designee may also, within the above time frame, submit copies of the plan to other local departments or agencies, including the Conservation District, that services his/her county, in order to better achieve the purpose of this article. Failure of the aforementioned review authorities to respond within 15 working days of their receipt of the plan shall be deemed as no objection to the plan as submitted.
- (2) The time allowed for plan review shall be commensurate with the proposed development project, and shall be done simultaneously with other reviews.
C. Plan approval.
- (1) The Director of Planning and Redevelopment or his/her designee shall take action in writing either approving or disapproving the plan with reasons stated within 10 working days after the Director of Planning and Redevelopment or his/her designee has received the written opinion of the aforementioned review authorities.
- (2) In approving a plan, the Director of Planning and Redevelopment or his/her designee may attach such conditions deemed reasonably necessary by the aforementioned review authorities to further the purposes of this article. The conditions pertaining to erosion and sediment control measures and/or devices may include, but are not limited to, the erection of walls, drains, dams, and structures, planting vegetation, trees and shrubs, furnishings, necessary easements, and specifying a method of performing various kinds of work, and the sequence or timing thereof. The applicant/owner shall notify the Building Inspector or his/her designee in advance of his or her intent to begin the clearing and construction work described in the erosion and sediment control plan. The applicant shall have the erosion and sediment control plan on the site during grading and construction.