PERMITS

§ 151.065 PERMIT REQUIREMENTS.

   (A)   A grading permit may not be issued for any parcel or lot unless a SWM plan has been approved as meeting all the requirements of this chapter or exempted by the county. Where appropriate, a grading permit may not be issued without:

      (1)   A recorded parcel or easement as appropriate for the SWM facility and recorded easements to provide adequate access for inspection and maintenance from a public right-of-way;

      (2)   A recorded SWM maintenance agreement as described in § 151.111; and

      (3)   A guaranty as described in § 151.080.

   (B)   (1)   If applicable, a grading permit may not be issued without permission from adjacent property owners to discharge outside of existing drainage courses.

      (2)   These discharge ways shall be protected by easement, and recorded in the Land Records of Carroll County.

   (C)   If applicable, a grading permit may not be issued without a dam breach inundation area protection easement which covers on- and off site areas and is recorded in the Land Records of Carroll County.

   (D)   Proof of recordation of easements shall be presented to the county prior to permit issuance.

   (E)   When grading permits are not necessary, the requirements of this section apply to building permits.

(2004 Code, § 191-16) (Ord. 01-12, passed 9-27-2001; Ord. 04-07, passed 4-1-2004; Ord. 2010-05, passed 4-29-2010)

§ 151.066 FEES.

   A nonrefundable review fee will be collected at the time the concept plan or application for waiver or exemption is submitted. The fee will provide for the cost of plan review, administration, and management of the approval process, for all projects subject to this chapter and inspection and maintenance of county-owned facilities. A fee schedule shall be established by the county based upon the relative complexity of the project and long-term maintenance obligations and may be amended from time to time.

(2004 Code, § 191-17) (Ord. 01-12, passed 9-27-2001; Ord. 04-07, passed 4-1-2004; Ord. 2010-05, passed 4-29-2010)

§ 151.067 STORMWATER MANAGEMENT FUND.

   (A)   There is hereby established a Stormwater Management Fund (“the Fund”) to be administered by the Department of the Comptroller, or its successor agency.

   (B)   All penalties, fines, and retrofit, variance, or other fees paid pursuant to this chapter shall be deposited to the SWM Fund. Interest shall be deposited to the Fund. All money deposited to the Fund shall be used for program management and compliance with this chapter.

(2004 Code, § 191-17.1) (Ord. 01-12, passed 9-27-2001; Ord. 04-07, passed 4-1-2004; Ord. 2010-05, passed 4-29-2010)

§ 151.068 PERMIT SUSPENSION AND REVOCATION.

   Any grading or building permit issued by the county may be suspended or revoked after written notice is given to the permittee for any of the following reasons:

   (A)   Any violation of the conditions of the SWM plan approval;

   (B)   Changes in site runoff characteristics upon which an approval or waiver was granted;

   (C)   Construction not in accordance with the approved plan;

   (D)   Noncompliance with a correction notice or stop work order issued for the construction of the SWM ESD nonstructural or structural practices; or

   (E)   Immediate danger exists in a downstream area as determined by the county.

(2004 Code, § 191-18) (Ord. 01-12, passed 9-27-2001; Ord. 04-07, passed 4-1-2004; Ord. 2010-05, passed 4-29-2010)

§ 151.069 APPROVAL CONDITIONS.

   In granting the plan approval, the county may impose conditions to ensure compliance with the provisions of this chapter and the preservation of the public health and safety.

(2004 Code, § 191-19) (Ord. 01-12, passed 9-27-2001; Ord. 04-07, passed 4-1-2004)

SECURITY

§ 151.080 SECURITY.

   The county shall require the developer to provide a surety or cash bond, irrevocable letter of credit, or other means of security acceptable to the county prior to the issuance of any building or grading permit for the construction of a development requiring SWM ESD, nonstructural or structural practices. The amount of the security shall not be less than the total estimated construction cost, inspection, and as-built certification of the SWM ESD, nonstructural or structural practices. The security required shall include provisions relative to forfeiture for failure to complete work specified in the approved SWM plan, compliance with this chapter, and other applicable laws and regulations and time limitations. The security shall not be released without a final inspection, submission of “as-built” plans and engineer’s certification, and proof of transfer of all required properties and easements.

(2004 Code, § 191-20) (Ord. 01-12, passed 9-27-2001; Ord. 04-07, passed 4-1-2004; Ord. 2010-05, passed 4-29-2010; Ord. 2018-11, passed 1-29-2018)

INSPECTIONS