§ 27-8. Permitting requirements, procedures and fees.  


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  • (1)

    Permit required. When a permit is required, no responsible party may commence a land disturbing construction activity subject to this article without receiving prior approval of an erosion and sediment control plan for the site and a permit from the Fond du Lac County Land and Water Conservation Department.

    (2)

    Permit application and fees. When a permit is required, at least one responsible party desiring to undertake a land disturbing construction activity subject to this article shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of section 27-9 and shall pay the appropriate application fee from the approved fee schedule to the Fond du Lac County Land and Water Conservation Department. By submitting an application, the applicant is authorizing the Fond du Lac County Land and Water Conservation Department to enter the site to obtain information required for the review of the erosion and sediment control plan.

    (3)

    Review and approval of permit application. The Fond du Lac County Land and Water Conservation Department shall review any permit application that is submitted with an erosion and sediment control plan, and the required fee. The following approval procedure shall be used:

    (a)

    Within 20 business days of the receipt of a complete permit application, as required by section 27-8(2), the Fond du Lac County Land and Water Conservation Department shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this article.

    (b)

    If the permit application and plan are approved, the Fond du Lac County Land and Water Conservation Department shall issue the permit.

    (c)

    If the permit application or plan is disapproved, the Fond du Lac County Land and Water Conservation Department shall state in writing the reasons for disapproval.

    (d)

    The Fond du Lac County Land and Water Conservation Department may request additional information from the applicant. If additional information is submitted, the Fond du Lac County Land and Water Conservation Department shall have 20 business days from the date the additional information is received to inform the applicant that the plan is either approved or disapproved.

    (e)

    Failure by the Fond du Lac County Land and Water Conservation Department to inform the permit applicant of a decision within 20 business days of a required submittal shall be deemed to mean approval of the submittal and the applicant may proceed as if a permit had been issued.

    (4)

    Financial guarantee. As a condition of approval and issuance of the permit, the Fond du Lac County Land and Water Conservation Department may require the applicant to deposit a surety bond, cash escrow, or irrevocable letter of credit to guarantee a good faith execution of the approved erosion and sediment control plan and any permit conditions.

    (5)

    Permit requirements. All permits issued under this article shall be subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions. The Fond du Lac County Land and Water Conservation Department may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Fond du Lac County Land and Water Conservation Department to suspend or revoke this permit may be appealed in accordance with section 27-13.

    (a)

    Notify the Fond du Lac County Land and Water Conservation Department within 48 hours of commencing any land disturbing construction activity.

    (b)

    Notify the Fond du Lac County Land and Water Conservation Department of completion of any BMPs within ten business days after their installation.

    (c)

    Obtain permission in writing from the Fond du Lac County Land and Water Conservation Department prior to any modification pursuant to section 27-9(2) of the erosion and sediment control plan.

    (d)

    Install all BMPs as identified in the approved erosion and sediment control plan.

    (e)

    Maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities identified in the erosion and sediment control plan.

    (f)

    Repair any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land disturbing construction activities and document repairs in weekly inspection reports.

    (g)

    Conduct construction site inspections at least once per week and within 24 hours after a precipitation event of one-half inch or greater. Repair or replace erosion and sediment control BMPs as necessary within 24 hours of an inspection or notification that repair or replacement is needed. Maintain, at the construction site, weekly written reports of all inspections. Weekly inspection reports shall include all of the following: date, time and location of the construction site inspection; the name of individual who performed the inspection; an assessment of the condition of erosion and sediment controls; a description of any erosion and sediment control BMP implementation and maintenance performed; and a description of the present phase of land disturbing construction activity at the construction site.

    (h)

    Allow the Fond du Lac County Land and Water Conservation Department to enter the site for the purpose of inspecting compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with the control plan. Keep a copy of the erosion and sediment control plan, stormwater management plan, amendments, weekly inspection reports, and permit at the construction site until permit coverage is terminated.

    (i)

    The permit applicant shall post the "certificate of permit coverage" in a conspicuous location at the construction site.

    (j)

    Compliance with this permit does not relieve the responsible party of the responsibility to comply with other applicable federal, state, and local laws and regulations.

    (k)

    Where site development or redevelopment involves changes in direction, increases in peak rate and/or total volume of runoff from a site, the administering authority may require the responsible party to make appropriate legal arrangements with affected property owners concerning the prevention of endangerment to property or public safety.

    (l)

    The responsible party is subject to the enforcement actions and penalties detailed in section 27-12, if the responsible party fails to comply with the terms of this permit.

    (6)

    Permit conditions. Permits issued under this section may include conditions established by Fond du Lac County Land and Water Conservation Department in addition to the requirements set forth in section 27-8(5), where needed to assure compliance with the performance standards in section 27-7.

    (7)

    Permit duration. Permits issued under this section shall be valid for a period of 180 days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The Fond du Lac County Land and Water Conservation Department may extend the period one or more times for up to an additional 180 days. The Fond du Lac County Land and Water Conservation Department may require additional BMPs as a condition of the extension if they are necessary to meet the requirements of this article.

    (8)

    Maintenance. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of this article until the site has undergone final stabilization.

( Res. of 4-26-16 , Att.)