The proposed regulations have several aspects of concern to the County of York.  The first concern is Part XIII fees.   York County is a phase II MS4 community and to date the fees have been $600 every five years.  The Amendment proposes a fee increase to $4,000 annually.  This equates to $20,000 over five years which is a 3000% increase.  While the state is trying to make their program self sufficient, it is putting a burden on the local budgets which are also suffering from the economic impact; having to cut budgets, limit staff hiring and in some cases reduce staff when more work is being required by the state VSMP permit.  At the very least, it should be increased incrementally over the next five years and should not go up to the full amount until the locality has become a Qualifying Local Program and can receive a refund from construction permit issuance. 

The second concern is fees for small construction activities (4VAC50-60-820) of 2,500 sq. ft. to one acre.  A fee of $200 is proposed.  This would apply to all new home construction since most new homes disturb at least 2,500 sq. ft.   Currently no fee is required.     This is a significant additional cost.  Also, the fee for a single lot within a development (purchased for development within previously permitted common plan) would be $290.  This seems excessive since the development is usually still under permit when lots are constructed.

A third concern has to do with fee collection for construction permits.  The requirement that 50% of the fees be paid during the plan review process is an accounting issue.  If we collect a fee during plan review, and the construction never occurs or significantly delayed, are we then required to refund it?  If the fees are collected in one fiscal year but the construction does not occur within that fiscal year or the next, it creates additional administrative burdens in tracking and splitting these fees between fiscal years.  Lastly, it is unclear as to when and how the modification fees would apply if a plan changes area of disturbance due to review comments prior to plan approval.

Annual increase in fees is addressed in 4VAC50-60-840 and is based on CPI-U index but it also states that there will be no decreases in fees.  In light of the current economy, this does not seem appropriate or fair to the applicant.