A.
The Land Conservation Department may require the submittal
of a financial guaranty, the form and type of which shall be acceptable
to the Land Conservation Department. The financial guaranty shall
be in an amount determined by the Land Conservation Department to
be the estimated cost of construction and the estimated cost of maintenance
during the period which the designated party in the maintenance agreement
has maintenance responsibility. The financial guaranty shall give
the Land Conservation Department the authorization to use the funds
to complete the project if the landowner defaults or does not properly
implement the approved stormwater management plan.
B.
Conditions for the release of the financial guaranty
are as follows:
(1)
The financial guaranty shall be released in full or
part as the components of the approved stormwater management plan
are completed and the practice installation has been certified as
built by a licensed professional engineer.
(2)
The financial guaranty, minus any costs incurred by
Green Lake County to conduct required maintenance, shall be released
at such time that the responsibility for practice maintenance is passed
on to another private entity, via an approved maintenance agreement,
or to Green Lake County.
[Amended 12-21-2004 by Ord. No. 822-04]
The current fee schedule is on file at the County
Clerk's office.
[1]
Editor's Note: A copy of the current fee schedule is included at the end of this chapter.
A.
Any land development activity initiated after the
effective date of this chapter by any person, firm, association, or
corporation subject to the provisions of this chapter shall be deemed
a violation unless conducted in accordance with said provisions.
B.
The Land Conservation Department shall notify the
responsible owner or operator in person or by certified mail of any
noncomplying land development activity. The notice shall describe
the nature of the violation, remedial actions needed, a schedule for
remedial action, and additional enforcement action which may be taken.
C.
Upon receipt of written notification from the Land
Conservation Department, the permit holder shall correct work which
does not comply with the stormwater management plan or other provisions
of this permit. The permit holder shall make corrections as necessary
to meet the specifications and schedule set forth by the Land Conservation
Department in the notice.
D.
If the violations to this chapter are likely to result
in damage to adjacent properties, the Land Conservation Department
may enter the land and take emergency actions necessary to prevent
damage to adjacent properties. The costs incurred by the Land Conservation
Department plus interest and legal costs shall be billed to the owner
of title of the property.
E.
The Land Conservation Department is authorized to
post a stop-work order on all land development activity in violation
of this chapter or to request the County Corporation Counsel to obtain
a cease and desist order from a court of competent jurisdiction.
F.
The Land Conservation Department may revoke a permit
issued under this chapter for noncompliance with the provisions of
this chapter.
G.
Any permit revocation or stop-work order shall remain
in effect unless retracted in writing by the Land Conservation Department.
H.
Any cease and desist order shall remain in effect
unless retracted by a court of competent jurisdiction.
I.
The Land Conservation Department is authorized to
refer any violation of this chapter, or of a stop-work order or cease
and desist order issued pursuant to this chapter, to the County Corporation
Counsel for the commencement of further legal proceedings.
J.
Any person, firm, association, or corporation issued a written notice under Subsection B who does not comply with the provisions of this chapter shall be subject to a court-ordered forfeiture of not less than $10 nor more $500 per offense together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.
K.
Every violation of this chapter is a public nuisance.
Compliance with this chapter may be enforced by injunctional order
at the suit of Green Lake County. It shall not be necessary to prosecute
for forfeiture before resorting to injunctional proceedings.
L.
When the Land Conservation Department determines that the holder of a permit issued pursuant to this chapter has failed to follow practices set forth in the stormwater management plan submitted and approved pursuant to § 284-9 of this chapter, or has failed to comply with schedules set forth in said stormwater management plan, and has received a written notice under Subsection B, the Land Conservation Department or a party designated by the Land Conservation Department may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The Land Conservation Department shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any performance or maintenance bond posted pursuant to § 284-17 of this chapter. Where such a bond has not been established, or where such a bond is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.
A.
Board of Adjustment.
(1)
The Board of Adjustment created under Article VIII of Chapter 350, Zoning, pursuant to § 59.694, Wis. Stats., shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Land Conservation Department in administering this chapter. The Board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals.
(2)
Upon appeal, the Board may authorize variances to
the stormwater management plan and from the provisions of this chapter
which are not contrary to the public interest and the intent of this
chapter and where, owing to special conditions, a literal enforcement
of this chapter will result in unnecessary hardship.
B.
Who may appeal. Appeals to the Green Lake County Board
of Adjustment be taken by any aggrieved person or by an officer, department,
board, or bureau of Green Lake County affected by any decision of
the Land Conservation Department.
[Amended 5-15-2001 by Ord. No. 730-01]
This chapter shall be in force and effect from
and after its adoption and publication. The above and foregoing chapter
was duly adopted by the Green Lake County Board of Supervisors on
the 18th day of May 1999.
