(A) General. The provisions in this section are in addition to the general violation, penalties, and enforcement provisions of this subchapter. Lake County shall retain authority to enforce the height and setbacks and operating requirements for major fill/grade operations in § 151.112(JJ).
(B) Final stabilization plan and assurances.
(1) Final stabilization shall consist of stabilization or re-vegetation of the site as necessary to minimize erosion. A layer of soil capable of supporting vegetation (to a depth sufficient to provide permanent stabilization, as determined by staff) shall be spread over the premises and shall be seeded with grass or other groundcover or by using an appropriate measure as approved by the Planning, Building and Development Director. Final stabilization shall also include the removal of all access equipment, roads, fencing and other onsite equipment and related temporary materials.
(2) Prior to site development permit issuance, a final stabilization plan shall be submitted which shows the final site conditions after fill/grade operation has been completed.
(3) Prior to site development permit issuance, an engineer's opinion of probable construction cost (EOPCC) shall be submitted for final stabilization of the fill/grade operation and finalizing the site in accordance with the approved final stabilization plan. The exact amount of the EOPCC and a termination date for the completion of operations and the finalization of the site shall be established as part of the permit review process and imposed at the time of permit approval, based upon the estimated costs of finalizing the site and the estimated length of time the operation will be conducted. Upon review and approval of the EOPCC by the Planning, Building, and Development Director, the operator shall obtain a bond, letter of credit, or other form of surety that meets the requirements of § 151.203(A) in the amount of 130% of the EOPCC.
COMMENTARY: A separate performance assurance may be required by the highway authority for maintenance and repair of the main road from which access is taken, including asphalt patching and shoulder maintenance, as needed either during operation or finalization of the site. |
(C) Final stabilization requirements.
(1) Any fill/grade operation which has reached the limits of fill or has otherwise discontinued operations shall be stabilized as provided for in the final stabilization plan. The owner or operator shall physically stabilize the site no more than 150 days after the date of discontinued operations. The owner or operator shall notify the county by certified mail of the proposed date of discontinued operations and plans for stabilization.
(2) A fill/grade operation shall be considered discontinued when it fails to operate for more than 150 days. This timeframe can be extended with written consent of the county upon notice of a proposed date of final stabilization or written notice of extenuating circumstances.
(3) If the owner or operator of the fill/grade operation fails to execute the stabilization plan in accordance with the requirements of this section within 150 days of discontinued operations or the proposed date of final stabilization, the county may seek a court order to require the property owner to stabilize the site and/or remove all remaining equipment and structures associated with the active operation. The county also retains the right, after the receipt of an appropriate court order, to enter and stabilize the site. The county will draw on the performance assurance and/or lien the property for all stabilization costs it incurs.
(D) Violations, cessation, and remedy.
(1) Upon receipt of a complaint, the Director of Planning, Building and Development shall make a determination as to whether there is a violation of the permit or Operating Requirements requiring immediate cessation of operation.
(2) Once violations have been remedied, as determined by the Director of Planning, Building and Development, the facility may resume operations.
(Ord. 24-0207, passed 3-12-2024)