(A) The county may charge applicants a reasonable fee to defray the cost of program administration, including costs associated with the issuance of grading or land-disturbing permits, plan review, and periodic inspection for compliance with erosion and sediment control plans if charges for such costs are not made under any other law, ordinance, or program. The fee shall not exceed any amount commensurate with the services rendered, taking into consideration the time, skill, and Administrator’s expense involved.
(B) The Building Official, or any agent of the county, shall not issue any building or other permits for activities which involve land-disturbing activities unless the applicant submits with his or her application an approved erosion and sediment control plan or certification of such approved plan from the Administrator, certification that such plan will be followed, and written permission for the Administrator (or his or her agent) to conduct on-site inspections of the land-disturbing activity and of the conservation practices set forth in the plan.
(C) (1) The Administrator, prior to the approval of any erosion and sediment control plan, may require of the applicant a reasonable performance bond (except for single-family dwellings constructed with an approved plan), with surety, cash escrow, letter of credit, or combination thereof, or such other legal arrangement as is acceptable to the Administrator, to ensure that measures could be taken by the county at the expense of the person conducting the land-disturbing activity should he or she fail, after proper notice within the time specified, to initiate or maintain appropriate conservation action which may be required of him or her in order to be in compliance with this chapter.
(2) The amount of the bond or other security for performance shall not exceed the total of the estimated cost to initiate and maintain appropriate conservation action based on unit price for new public or private sector construction in the locality and a reasonable allowance for estimated administrative costs and inflation which shall not exceed 25% of the cost of the conservation action. Should it be necessary for the county to take such conservation action, the county may collect from the applicant any costs in excess of the amount of the surety held.
(D) If the Administrator or governing body takes such measures upon such failure by the person conducting the land-disturbing activity, the Administrator may collect from such person for the difference should the amount of the cost of such action exceed the amount of the security held.
(E) Within 60 days of the adequate stabilization of the land-disturbing activity, as determined by the Administrator, such bond, cash escrow, letter of credit, or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated, as the case may be. These requirements are in addition to all other provisions relating to the issuance of permits and are not intended to otherwise affect the requirements for such permits.
(Ord. passed 6-12-2008) Penalty, see § 152.99