- If it is found by an issuing agency that proper maintenance has not been consistent there may be action brought against property owner in order to remedy the violations.
- Dispute resolution between neighboring property owners is not the responsibility of Delaware County, as the property owner bears the burden of responsibility for pond construction and maintenance.
Article 3 Administration, Permitting, Fees,
Section 1. Responsibility for Administration.
Delaware County shall administer, implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing to persons or entities acting in the beneficial interest of or in the employ of the agency.
The property owner bears the burden of developing and maintaining a permitted pond. Upon permit approval, the property owner will sign a Waiver of Liability to which the property owner acknowledges said burden of responsibility.
Section 2. Permit Fees.
- All applications for pond approval shall be accompanied by a permit fee of $150, with an increase of $100 per 1,000 square feet, with a maximum cost of $1,000. This amount shall be established by resolution of the Delaware County Board of Commissioners.
- Permit fees shall be used to defray the administrative expenses for processing the application and other miscellaneous administrative costs incurred by Delaware County.
- All fees and fines collected under the Delaware County Pond Ordinance shall be deposited into the Comprehensive Zoning Ordinance Fund (Fund Number 1180).
Section 3. Permit Processing.
- Approval from the Building Commissioner, Stormwater Management, County Surveyor, Highway Engineer, Floodplain Administrator, and Health Department offices will be required for completion of the approval.
- Applications will be received by the Delaware County Building Commissioners' office, who will then distribute the application and supporting plans to Delaware County officials for approval. Applicant will be notified in a timely manner of approval, further action, or denial of permit.
Section 4. Inspection.
- Inspections shall be completed by any department involved in permit issuance. Inspections will be performed as needed from the permit issue date up to the permit closure.
- Delaware County officials reserve the right to inspect as little or as often during the approved permits life cycle. While an approved permit is active, Delaware County officials shall have access to the property for the purpose of pond project inspection.