(A) For each project, at least one developer, landowner or land user desiring to undertake a land disturbance or land development activity subject to this chapter shall submit an application for a permit and a control plan and pay an application fee to the county. By submitting an application, the applicant is authorizing the county to enter the site to obtain the information for review of the control plan and inspection of erosion control practices during construction.
(B) No person shall begin a land disturbing activity subject to this chapter without receiving approval of an erosion and sediment control plan for the site and a grading permit from the office or the County Plan Commission.
(C) Memorandum of erosion control responsibility: with the grading permit application, the permittee is required to submit a memorandum of erosion control responsibility. This memorandum shall designate a responsible party for all erosion control measures, and shall remain in effect until the project is completed or until a new memorandum of responsibility is filed with the county designating a new property owner or responsible party. The memorandum of responsibility shall incorporate this chapter by reference and bind the applicant to all regulations contained therein.
(D) As a condition of approval and issuance of the permit, the Drainage Board may require the applicant to provide a surety bond or an irrevocable letter of credit when the erosion and sediment control plan has been approved to guarantee a good faith execution of the erosion and sediment control plan and any permit conditions.
(E) The permit shall require the applicant to:
(1) Notify the County Drainage Board and the SWCD at least 24 hours before commencing land disturbing activities;
(2) Notify the County Drainage Board and the SWCD prior to modifying the erosion and sediment control plan; this will be necessary if planned measures do not suffice in controlling erosion and off-site sedimentation;
(3) Install all erosion and sediment control measures as identified in the approved erosion and sediment control plan;
(4) If unforeseen erosion and sedimentation concerns arise on the construction site due to failure of a measure or an area that was not addressed on the plan, it is the responsibility of the applicant to install the appropriate measures(s) to control erosion and/or minimize the threat of sedimentation;
(5) Maintain all road drainage systems, stormwater drainage systems, erosion and sediment control measures, and other facilities identified in the erosion and sediment control plan until the project is stable and has been terminated; and
(6) Where authorized, remove accumulated sediment from adjacent areas, including drainageways, and where necessary, repair erosion damage to adjacent areas and drainageways.
(Ord. 9-2002, passed 5-23-2002)