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(a) To obtain a floodplain district permit, an applicant must file an application in writing on a form furnished by the Department. The owner of the property where the land-disturbing activity is to be performed, or the owner's authorized agent, must sign the application.
(b) A permit must be issued only in the name of the current property owner.
(c) A separate permit must be issued for each non-contiguous site.
(d) A permit may be transferred to a later owner, if the later owner files an application form and pays a transfer fee and the Director approves the transfer.
(e) An application for a permit must be accompanied by:
(1) An erosion and sediment control plan approved by the Department, where required by law; and
(2) The permit fee.
(f) Plans must be prepared and certified by:
(1) A registered professional engineer, registered land surveyor, or architect; or
(2) Another person approved by the Department.
(g) Each floodplain district permit plan must comply with this article and applicable regulations. (1989 L.M.C., ch. 39, § 4.)
(a) Any major modification of an approved plan must be submitted to the Department and may be approved or disapproved in the same manner as the original plan.
(b) In an emergency situation, the Director may require the installation of interim flood protection measures to protect stream channels, other property, or the public from damage or danger. Any required measure must remain in effect until adequate modifications to an approved plan are approved and implemented.
(c) The Department's field representative may authorize minor field modifications that are consistent with this article and applicable regulations. (1989 L.M.C., ch. 39, § 4.)
(a) In granting a floodplain district permit, the Director may attach conditions that the Director finds:
(1) Are reasonably necessary to prevent undue risk to public or private property; or
(2) Will prevent the operation from being conducted in a manner hazardous to life or property.
(b) Those conditions may include:
(1) Erecting or installing walls, drains, dams, plantings, erosion and sediment control measures or devices;
(2) Furnishing necessary easements; or
(3) A specified method of performing the work.
(c) Each condition must be identified on the approved floodplain district permit plan.
(d) The approved plan is a condition of the permit.
(e) A person must not violate any permit condition. (1989 L.M.C., ch. 39, § 4.)
(a) The Department may enter any property subject to this article to inspect the property and enforce this article.
(b) Any activity in conjunction with a permit must not proceed until the Department has issued the permit. All work must be performed in accordance with the approved plan and permit.
(c) The permittee must notify the Department 48 hours before starting any activity in conjunction with a permit. The permittee or its representative must attend a pre-construction meeting with the Department unless the Department waives the meeting.
(d) The permittee must keep a copy of the approved floodplain district permit plan and the permit available on site for inspection by the Department.
(e) The Director must inspect each site that has a floodplain district permit plan to ensure compliance with the approved plan and all permit requirements.
(f) If the permittee fails to comply with any requirement under this article, the Director must inspect the work and notify the permittee in writing. The notice must state:
(1) The nature of the violation;
(2) Any practice or plan deficiencies;
(3) Any required corrective action; and
(4) A reasonable time for compliance.
(g) The permittee must promptly correct any portion of the work that does not comply.
(h) The Department may make additional inspections as necessary, and may waive any inspection except the final inspection under section 19-43.
(i) The Department must maintain a record of each inspection, including the date, location or project identification, whether the approved plan and permit conditions have been complied with and, if a violation exists, the enforcement action taken. (1989 L.M.C., ch. 39, § 4.)
(a) The Director may revoke or suspend any permit issued under this article, after the Department serves written notice on the permittee, for:
(1) Violation of the approved plan or any other condition of thepermit;
(2) Violation of any applicable law or regulation relating to the work;
(3) The existence of any hazard or danger to human life or the property of others; or
(4) Failure of the approved plan to achieve required objectives because of site characteristics or conditions.
(b) In addition to the authority to revoke or suspend a permit under subsection (a), the Director may order that all construction activity in conjunction with a permit must stop immediately if:
(1) Any construction activity violates a condition or requirement of a County permit, application, or approved plan, or this article or applicable regulations;
(2) The Department delivers a written warning to the permittee or its representative that lists corrective measures required and the time by which the corrections must be made; and
(3) The permittee does not make all corrections within the specified time.
(c) The Department must provide a report to the permittee or its representative when a stop work order is issued. The report must specify the extent to which work must be stopped and the conditions under which work may resume.
(d) The permittee is responsible for the actions of its agents, and must notify any agent when a stop work order affects an area within which the agent is working or may work. An agent is any person who acts under the direction, with the permission, or to the benefit of the permittee.
(e) A person must not continue, or permit the continuance of, work in an area covered by a stop work order. (1989 L.M.C., ch. 39, § 4.)
(a) Immediately after a project is finished, the permittee must notify the Department and schedule a final inspection.
(b) If, after final inspection, the Director finds that all work subject to inspection has been satisfactorily completed in accordance with this article, the permit, approved plans, and regulations, the Director must issue a completion certificate to the permittee. The Director may recommend release of the certificate of occupancy, where applicable, after receiving a completed Elevation Certificate from the developer, at that time. (1989 L.M.C., ch. 39, § 4; 1992 L.M.C., ch. 33, § 1.)
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