April Dane County Code of Ordinances

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Chapter 14 the zoning administrator's staff with the assistance of plan is transferred from one party to another, the LCC staff. former owner shall notify the party taking possession (6) If the zoning administrator's inspections reveal as to the current status of compliance with the filed any noncompliance with the plan, the zoning erosion control plan, also providing a copy of said administrator shall notify the owner and/or contractor notice to the authority, and provide a copy of the of all such specific instances of noncompliance. The erosion control plan to the buyer if the soil on the owner shall have 24 hours from the time and date of property being transferred has not been stabilized notification by the zoning administrator to correct any prior to the date of this real estate transfer. noncompliance with the plan when notification is (11) Transfers of interest in real estate subject to an achieved in the following manner: personal approved, uncompleted erosion control plan may be communication of noncompliance to owner and/or _ conducted consistent with this ordinance under any of contractor or their respective agents; or, written the following arrangements: notice sent by certified mail to owner and/or (a) the transferee shall file a new, approved contractor. The owner shall have 72 hours to correct erosion control plan with the authority; any noncompliance with the plan when notification is (b) the transferee shall obtain an approved achieved by either posting in a conspicuous place on assignment from the authority as sub-permittee to the site a "noncompliance notice card" or sending complete that portion of the approved plan regulating notice by facsimile transmission to owner and/or soil erosion on the transferee's property;or, contractor. (c) the permittee shall provide the authority (7) The zoning administrator shall issue a citation with a duly completed and executed continuing surety or a "stop work" order on the project covered by the bond or a certified check in an amount sufficient to zoning permit if the project is not brought into complete the work proposed in the approved plan; at compliance with the plan within 24 hours or 72 hours the time of transfer the permittee may seek to reduce respectively after notice under sub. (6) above. Upon the surety bond or certified check to the appropriate issuance of a "stop work" order, only permittee's or amount to complete remaining work. If the transferor an agent's efforts to achieve compliance with the enters into escrow agreements with transferees to approved erosion control plan shall be permissible complete an approved plan, these funds shall be project activity. available to the authority to attain plan compliance. (8) The permittee on an approved plan thereby When an approved erosion control plan is not authorizes the authority to take any action,to perform completed as proposed, the authority may use the ---- any work, or commence any operations necessary to bond, certified check or funds in escrow to complete correct conditions upon the subject property where remaining work to achieve plan compliance notice of noncompliance has been issued to bring the stabilizing soils upon the site. property into conformance with plan requirements; (12) The fee for review of the erosion control plan by the permittee further consents to reimburse the the zoning administrator shall be payable at the time authority for the total costs and expenses of the an application for a zoning permit is submitted. For aforementioned actions, said reimbursement may be simplified plan checklists submitted under section collected as a special charge upon the property for 14.545, the fee for plan review shall be eighty five current services rendered as provided by law. dollars ($85.00). For plans submitted under section (9) When a permittee transfers ownership, 14.54 covering a regulated land disturbing activity on possession or control of real estate subject to an sites whose total surface area is less than five acres uncompleted erosion control plan, the party who is the fee shall be one hundred twenty-five dollars successor in interest to any portion of this real estate ($125.00). For plans submitted under section 14.54 shall bear responsibility to control soil erosion on that covering soil disturbance areas on sites greater than portion of the real estate under that successor party's five (5) acres in size, the fee shall be five hundred ownership, possession or control and shall comply dollars($500.00). with the minimum standards provided in this [History: (1) - (7) am. and (8) - (12) cr., Sub. 4 to ordinance following appropriate methodology and OA 27, 1993-94, pub. 09/30/94, eff. 01/01/95; (12) practices. am.,OA 11, 1996-97,pub. 08/23/96.] (10) When ownership, possession or control of property subject to an uncompleted erosion control Page 72 Revised 4-30-97