(1) No person shall engage in land development activity, land disturbing construction activity, excavate or fill any lands within the Village of River Hills whenever such activity involves the excavating, filling, or grading of twenty (20) cubic yards or more per acre or comparable percentage of a parcel or lot without first having obtained a permit pursuant to this ordinance, and having posted the same upon the premises in the manner provided for posting of a building permit as set forth in the General Ordinances of the Village. If the activity for which a permit is required will be conducted in the set-back area of a lot or parcel as defined in section 15.01(9) then the Village Clerk shall give notice to all property owners whose property adjoins or abuts the portion of the property where the activity is proposed. This is intended to require notice to property owners whose property is separated from the property by a public or private road but is located on the opposite side of the road where the activity is proposed. No activity for which this permit is required or any activity described in subsection (7) hereunder may be commenced prior to three (3) weeks from the date a notice of the proposed activity is served upon the adjoining or abutting property owners. Notice is complete upon mailing a notice advising the property owner(s) that the application, permit, description of location of proposed activity and a copy of the control plan, if otherwise required, are available for inspection at the office of the Village Clerk.
[a] No land owner or land user may commence land disturbing construction activity, land development activity, excavate or fill any lands as set forth in (1) above, without receiving prior approval of a control plan for the site and a permit from the Village Clerk. At least one land owner or land user controlling or using the site and desiring to undertake an activity requiring a permit shall submit an application for a permit and a control plan and pay an application fee of $50.00 to the Village of River Hills. By submitting an application the applicant is authorizing the Village Engineer and his designees to enter the site to obtain information required for the review of the control plan.
[b] The permit may be in effect for a period of up to six months, and shall be subject to renewal. The Village Board shall have the right to revoke any permit at any time and/or direct the Clerk not to renew a permit if, in the judgment of the Village Board, the permittee has failed or refused to comply with any of the regulations relating to the filling or excavation of lands.
[c] Permit Conditions. All permits shall require the permittee to:
(1) Notify the Village Engineer within 48 hours of commencing any land disturbing activity;
(2) Notify the Village Engineer of completion of any control measures within 14 days after their installation;
(3) Obtain permission in writing from the Village Engineer prior to modifying the control plan;
(4) Install all control measures as identified in the approved control plan;
(5) Maintain all road drainage systems, storm water drainage systems, control measures and other facilities identified in the control plan;
(6) Repair any situation or erosion damage to adjoining surfaces and drainage ways resulting from land developing or disturbing activities;
(7) Inspect the construction control measures after each rain of 0.5 inches or more at least once each week and make needed repairs;
(8) Allow the Village Engineer to enter the site for the purpose of inspection compliance with the control plans or for performing any work necessary to bring the site into compliance with the control plan;
(9) Keep a copy of the control plan on the site; and
(10) Submit a landscape plan detailing both plan and elevation of construction if a hill, mound or berm, will exceed four feet in height.
(11) Identify and delineate any wetlands that will be altered. Delineation of wetlands shall be performed by any of the following: Department of Natural Resources, Southeastern Wisconsin Regional Planning Commission, or other qualified professional.
(12) Obtain all required permits from the Wisconsin Department of Natural Resources and/or the Army Corp of Engineers necessary to alter any wetlands.
(3) The permit application shall include a contour map of the site and provide the following information:
[a] Existing conditions and proposed final grades for the area to be disturbed;
[b] Locations and dimensions of all proposed land disturbing activities;
[c] Locations and dimensions of all temporary soil or dirt stockpiles;
[d] Locations and dimensions of all construction site management control measures necessary to meet the requirements of this ordinance;
[e] Schedule of anticipated starting and completion date of each land disturbing or land developing activity, including the installation of construction site control measures needed to meet the requirements of this ordinance; and
[f] Provisions for maintenance of the construction site control measures during construction.
[g] Location and dimension of all wetland areas as defined in this ordinance.
(4) No permit under the provisions of subsection (2) hereof shall be issued until the application shall have been submitted to and approved by the Village Engineer, and further that if the land disturbing construction activity will result in the construction of a hill, mound, or berm exceeding four feet in height, then the application for permit shall also be subject to approval of the Building Board of the Village of River Hills. Fill shall be placed and materials excavated only where and as approved by the Engineer.
(5) All applications for a permit within the provisions of subsection (2) hereof shall be accompanied by a cash bond or surety bond executed by a surety company licensed to do business in Wisconsin, in the sum of not less than Five Thousand ($5,000.00) Dollars, or in such higher amount as is certified by the Village Engineer to be required for the purpose of securing the Village against any and all damages to Village property and/or expenses the Village may incur resulting from such filling or excavation operations. The bond requirement may be waived in all or part, if the Village Engineer certifies to the Village Manager that the bond is not required or a bond in a lesser amount is sufficient for the operations under an application. The certification to the Village Manager shall affirmatively set forth that the Village Engineer has determined that the operations proposed will not have an adverse effect upon the health, safety, welfare or property of the Village.
(6) The initial permit fee for all operations under the provisions of subsection (2) hereof, shall be One Hundred ($100.00) Dollars, and shall permit operations for one month from the date of the permit. An additional permit fee of Fifty ($50.00) Dollars per month, after the first month, shall be paid at the time of application, up to maximum of six (6) months. In the event that the operations are not completed within the time for which permit fees have been paid, the permit shall terminate and a new application, surety bond, and initial and monthly permit fees shall be submitted and approved before the permittee shall be allowed to continue the operations. No refund of any permit fees shall be made.
(7) No land development activity, land disturbing construction activity, filling, or excavating, or grading regardless of the amount of filling, excavating, or grading may be commenced in the set-back area of a lot or parcel as defined in section 15.01(9) until the property owner or user has submitted a plan of operation sufficient to identify the nature, location, and quantity of the activity to the Village Engineer. Notice to adjoining property owners shall be as required in Section 15.02(1).