§ 7-26. Approval or disapproval.

(a)

Upon receipt of an ESC plan submitted under this article, together with the required fees, the program administrator shall act on such ESC plan within forty-five (45) days, by either approving the ESC plan in writing or by disapproving ESC plan in writing and giving specific reasons for disapproval. The program administrator shall approve the ESC plan if the ESC plan meets the conservation standards of the county ESC program and if the person responsible for carrying out the ESC plan certifies that he will properly perform the erosion and sediment control measures included in the ESC plan and will comply with all provisions of this article. If a temporary sediment basin, a permanent stormwater detention basin or any other permanent feature is a part of the approved ESC plan, this same person must designate, in writing the person who will be liable for necessary long-term maintenance on these structures.

(b)

If an ESC plan is disapproved, the program administrator shall specify such modifications, terms and conditions as will permit approval of the ESC plan and shall communicate such requirements to the permit applicant.

(c)

If no action is taken by the plan approving authority within the time specified in subsection (a) above, the ESC plan shall be deemed approved and the program administrator shall issue the land disturbing permit.

(d)

If action is taken by the plan approving authority within the time specified in subsection (a) above, and the ESC plan is deemed disapproved, the applicant must resubmit within six (6) months following the date of disapproval, or the ESC plan shall be deemed abandoned. If an ESC plan is deemed abandoned, the applicant may resubmit the ESC plan after the six (6) month period, however, the following shall apply:

(1)

The ESC plan will be subject to a new review and all applicable fees must be paid.

(2)

The ESC plan will be reviewed under the current DEQ regulations in place at the time of resubmittal.

(e)

Should a land disturbing activity not begin within one hundred eighty (180) days following ESC plan approval, or after the ESC plan is ready for approval but the plan approval authority has not received the required performance surety, the plan will be considered abandoned. If an ESC plan is deemed abandoned, the following shall apply:

(1)

The ESC plan will be subject to a new review and all applicable fees must be paid.

(2)

The ESC plan will be reviewed under the current DEQ regulations in place at the time of re-submittal.

(f)

Should a land disturbing activity cease for more than one hundred eighty (180) days, the plan approval authority may evaluate the existing approved ESC plan to determine whether the ESC plan still satisfies local and state erosion and sediment control criteria and to verify that all design factors are still valid. Should the plan approval authority determine the ESC plan is no longer valid, the ESC plan shall be deemed abandoned. If an ESC plan is deemed abandoned, the following shall apply:

(1)

The ESC plan will be subject to a new review and all applicable fees must be paid.

(2)

The ESC plan will be reviewed under the current DEQ regulations in place at the time of re-submittal.

(Ord. No. 12-02-16, 2-17-16)

(Ord. No. 12-02-16, 2-17-16)