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In reviewing this matter staff has the following observations: <br />A. State law does not require local governments to issue a LDP to commence land <br />disturbing activity. Projects approved by the State, for example, are only required to <br />receive approval of an erosion control plan in order to commence development activity. <br />State staff complete inspections of such projects based on that approved plan; <br />STAFF COMMENT: The County developed the LDP process to ensure proper <br />conditions are imposed mandating compliance with an approved erosion control <br />plan. This has become a valuable tool for staff, especially for projects not within <br />the County’s planning jurisdiction. <br />B. Development projects can be delayed due to factors not in the contractors/developers <br />control (i.e. weather, issuance of other permits such as stormwater by either the County <br />or municipality where the project is located, delays in work addressing compliance issues <br />in local jurisdictions, etc.) making the 2 year permit lifespan problematic; <br />C. The expiration of an LDP should have more relationship to the applicable erosion control <br />plan, with respect to the overall life of the project, rather than an arbitrary 2 year time <br />period; <br />D. Staff finds it difficult to justify a renewal fee of half the original permit cost given the fact <br />the erosion control plan has not expired. <br />This amendment package seeks to address several identified inconsistencies by establishing an <br />expiration date for an approved erosion control plan rather than relying on an arbitrary date for <br />the expiration of a LDP. Staff is recommending a 5 year lifespan for an approved erosion <br />control plan. This will allow for adequate time for a project to be completed and allows for <br />proper consideration of external factors that could impact development activities on a given <br />project. <br />Staff is also recommending cleaning up/streamlining existing language to eliminate identified <br />inconsistencies and/or confusion. While not part of this proposed amendment package, staff is <br />completing an analysis of existing erosion control and stormwater management fees in an effort <br />to ensure application and permit fees are proportional to cost of services rendered. <br />FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding <br />for the provision of County services. Existing staff, included in the Departmental staffing budget, <br />will accomplish the work required to process this amendment. <br />RECOMMENDATION(S):The Planning Director recommends the Planning Board receive the <br />amendment package and provide feedback to staff on the proposed amendment(s). <br />3