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Chapter 6 Section 7

SECTION 6.07.  PERMITTING REQUIREMENT & PROCEDURES AND FEES.

(1) PERMIT REQUIRED.  No one may undertake a land development or redevelopment activity subject to this ordinance without receiving a permit from the Village prior to commencing the proposed activity.

(2)  PERMIT APPLICATION AND FEE.  Unless specifically excluded by this ordinance, anyone desiring a permit shall submit to the Village a permit application.

[a]  Unless otherwise excepted by this ordinance, a permit application must be accompanied by the following in order that the permit application be considered by the Village;

[1]  a Storm Water Management Plan;

[2]  a Maintenance Agreement

[3]  any payment of a AFee-in-lieu@, as provided for under 6.06(4);

[4]  a non-refundable permit administration fee;

[5]  and any easements which may be required.

[b]  The Storm Water Management Plan shall be prepared to meet the requirements of 6.08 of this ordinance, the Maintenance Agreement shall be prepared to meet the requirements of 6.09 of this ordinance.

[c]  The applicant shall reimburse the Village for actual expenses incurred by the Village and/or its consultant to review the Storm Water Management Plan.

(3)  REVIEW AND APPROVAL OF PERMIT APPLICATION. The Village shall review any permit application that is submitted with a Storm Water Management Plan, Maintenance Agreement, and the required fee.  The following approval procedure shall be used:

[a]  Within sixty (60) business days of the receipt of a complete permit application, including all documents as required by 6.07(2)(a), the Village shall inform the applicant whether the application, plan, Maintenance Agreement and easements are approved or disapproved. The Village shall base the decision on requirements set forth in Sections 6.06, 6.08, and 6.09 of this ordinance.

[b]  If the storm water permit application, plan, Maintenance Agreements and easements are approved, the Village shall issue the permit.

[c]  If the storm water permit application, plan, Maintenance Agreements or easements are disapproved, the applicant may revise the Storm Water Management Plan or agreement, or may appeal the decision to the board of appeals as provided for in Section 6.11 of this ordinance.

[d]  If additional information is submitted, the Village shall have 30 business days from the date the additional information is received to inform the applicant that the application, plan, Maintenance Agreement and easements are either approved or disapproved.

[e]  Failure by the Village to inform the permit applicant of a decision within 30 business days of a required submittal shall be deemed to mean disapproval of the submittal.

(4)  PRACTICE/MEASURE INSTALLATION AND MAINTENANCE PERFORMANCE SECURITY.  The Village may, at its discretion, require the submittal of a performance security prior to issuance of the permit, in order to insure that the storm water measures are installed and maintained by the permit holder as required by the Storm Water Management Plan. The Village shall determine the amount of the performance security.  The performance security shall be the total construction cost of the storm water management measures approved under the permit, plus 25%.

The amount of the maintenance performance security shall be determined by the Village and shall not exceed the maintenance costs estimated in the storm water plan for the period during which the permit holder has maintenance responsibility.

The performance security shall contain forfeiture provisions for failure to complete work specified in the Storm Water Management Plan.  Conditions for the release of performance security are as follows:

[a]  The installation performance security shall be released in full only upon submission of Aas built plans@ and written certification by a registered professional engineer in the State of Wisconsin that the storm water measure has been installed in accordance with the approved plan and other applicable provisions of this ordinance. The Village may make provisions for a partial pro-rata release of the performance security based on the completion of various development stages.

[b]  The maintenance performance security, minus any costs incurred by the Village 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 the Village.

(5)  PERMIT CONDITIONS.  All permits issued under this ordinance shall be subject to the following conditions, and holders of permits issued under this ordinance shall be deemed to have accepted these conditions. The Village may suspend or revoke a permit for violation of a permit condition, following written notification of the permittee.  An action by the Village to suspend or revoke this permit may be appealed in accordance with Section 6.11 of this ordinance.

[a]  Compliance with this permit does not relieve the permit holder of the responsibility to comply with other applicable federal, state, and local laws and regulations.

[b]  The permit holder shall design, install, and maintain all structural and nonstructural storm water management measures in accordance with the approved Storm Water Management Plan, Maintenance Agreement, and the terms of the permit.  The permit holder shall notify the Village at least two (2) business days before commencing any work in conjunction with the Storm Water Management Plan, and within five (5) business days upon completion of the storm water management measures.  If required as a special condition, the permit holder shall make additional notification according to a schedule set forth by the Village so that practice installations can be inspected during construction.

[c]  Completed storm water management measures must pass a final inspection to determine if they are in accordance with the approved Storm Water Management Plan and ordinance. The Village, or other competent professionals identified by the Village, must make the inspection. The Village shall notify the permit holder in writing of any changes required in such measures to bring them into compliance with the conditions of the permit.  The permit holder is further required to submit a certificate of completion, stating the completion of the permitted work in accordance with the plans, Village, State and Federal requirements.  The certificate must be signed by the permit holder, the contractor and the designer engineer.

[d]  The permit holder shall notify the Village of any significant modifications it intends to make to an approved Storm Water Management Plan. The Village may require that the proposed modifications be submitted for approval prior to incorporation into the Storm Water Management Plan and execution.

[e]  The permit holder shall maintain all storm water management measures specified in the approved Storm Water Management Plan until the measures either become the responsibility of the Village or are transferred to subsequent private owners as specified in the approved Maintenance Agreement.

[f]  The permit holder authorizes the Village to perform any work or operations necessary to bring storm water management measures into conformance with the approved Storm Water Management Plan.  The permit holder consents to the Village placing these associated costs incurred by the Village upon the tax roll as a special assessment against the property pursuant to Chapter 66, Wis. Stats., or to charge such costs against the performance bond posted for the project.

[g]  If so directed by the Village, the permit holder shall repair, at the permit holders own expense, all damage to adjoining municipal facilities and drainage ways caused by storm water runoff, where such damage is caused by activities that are not in compliance with the approved Storm Water Management Plan and this permit.

[i]  The permit holder shall permit property access to the Village for the purpose of inspecting the property for compliance with the approved Storm Water Management Plan and the permit.

[j]  Where a Storm Water Management Plan involves direction of some or all runoff off of a site, it shall be the responsibility of the permit holder to obtain from adjacent property owners any easements or other necessary property/interests concerning flowage of water per 6.06(1)(e).  Issuance of this permit does not create or effect any such rights.

[k]  The permit holder is subject to the enforceable actions detailed in Section 6.10 of the storm water management ordinance if the permit holder fails to comply with the terms of the permit.

(6)  PERMIT DURATION.  Permits issued under this section shall be valid from the date of issuance through the date the Village notifies the permit holder that all storm water management measures have passed the final inspection required under “Permit Conditions” sec. 6.07(5).

Phone: (414) 352-8213
River Hills, WI 53217
7650 N. Pheasant Lane