SECTION 6.08. PERMITTING REQUIREMENTS, PROCEDURES AND FEES.
(1) PERMIT REQUIRED. No responsible party may undertake a land disturbing construction activity without receiving a post-construction runoff permit from the Village prior to commencing the proposed activity.
(2) PERMIT APPLICATION AND FEES. Unless specifically excluded by this ordinance, anyone responsible party desiring a permit shall submit to the Village a permit application on a form provided by the Village for that purpose.
[a] Unless otherwise excluded by this ordinance, a permit application must be accompanied by the following in order that the permit application be considered by the Village;
i. A Storm Water Management Plan;
ii. A Maintenance Agreement
iii. Any payment of a “Fee-in-lieu”, as provided for under 6.07(8);
iv. A non-refundable permit administration fee;
v. And any easements which may be required.
[b] The Storm Water Management Plan shall be prepared to meet the requirements of 6.07 and 6.09, the Maintenance Agreement shall be prepared to meet the requirements of 6.10, the financial guarantee shall meet the requirements of 6.11, and fees shall be those established by the Village as set forth in 6.12.
[c] The applicant shall reimburse the Village for actual expenses incurred by the Village and/or its consultant to review the Stormwater Management Plan.
(3) PERMIT APPLICATION REVIEW AND APPROVAL. 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 sub. (2), the Village shall inform the applicant whether the application, storm water management plan and Maintenance Agreement are approved or disapproved based on the requirements of this ordinance.
[b] If the storm water permit application, storm water management plan and Maintenance Agreement are approved, or if an agreed upon payment of fees in lieu of storm water management practices is made, the Village shall issue the permit.
[c] If the storm water permit application, storm water management plan or Maintenance Agreement is disapproved, the Village shall detail in writing the reasons for disapproval.
[d] The Village may request additional information from the applicant. 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 storm water management plan and Maintenance Agreement are either approved or disapproved.
[e] All permits require Village Engineer and Village Clerk approval.
(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%.
[a] 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 management plan for the period during which the permit holder has maintenance responsibility.
[b] 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:
1. 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.
2. 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 REQUIREMENTS. 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 responsible party. An action by the Village to suspend or revoke this permit may be appealed in accordance with Section 6.14.
[a] Compliance with this permit does not relieve the responsible party of the responsibility to comply with other applicable federal, state, and local laws and regulations.
[b] The responsible party shall design and install all structural and non-structural storm water management measures in accordance with the approved Storm Water Management Plan and this permit.
[c] The responsible party shall design, install, and maintain all structural and non-structural storm water management measures in accordance with the approved Storm Water Management Plan, Maintenance Agreement, and the terms of the permit. The responsible party 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 responsible party shall make additional notification according to a schedule set forth by the Village so that practice installations can be inspected during construction.
[d] Practice installations required as part of this ordinance shall be certified “as built” or “record” drawings by a licensed professional engineer. Completed storm water management practices must pass a final inspection by the Village or its designee to determine if they are in accordance with the approved Storm Water Management Plan and ordinance. The Village or its designee shall notify the responsible party in writing of any changes required in such practices to bring them into compliance with the conditions of this permit.
[e] The responsible party 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 to it for approval prior to incorporation into the Storm Water Management Plan and execution by the responsible party.
[f] The responsible party shall maintain all storm water management practices in accordance with the Storm Water Management Plan until the practices either become the responsibility of the Village or are transferred to subsequent private owners as specified in the approved Maintenance Agreement.
[g] The responsible party 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, and consents to a special assessment or charge against the property as authorized under subch. VII of ch. 66, Wis. Stats., or to charging such costs against the security posted for the project.
[h] If so directed by the Village, the responsible party shall repair, at the responsible party’s own expense, all damage to adjoining municipal facilities and drainageways caused by 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 responsible party shall permit property access to the Village or its designee for the purpose of inspecting the property for compliance with the approved Storm Water Management Plan and this permit.
[j] Where site development or redevelopment involves changes in direction, increases in peak rate and/or total volume of runoff from a site, the Village may require the responsible party to make appropriate legal arrangements with affected property owners concerning the prevention of endangerment to property or public safety.
[k] The responsible party is subject to the enforcement actions and penalties detailed in Section 6.13, if the responsible party fails to comply with the terms of this permit.
(6) PERMIT CONDITIONS. Permits issued under this subsection may include conditions established by Village in addition to the requirements needed to meet the performance standards in s. 6.07 or a financial guarantee as provided for in s. 6.11.
(7) PERMIT DURATION. Permits issued under this subsection shall be valid from the date of issuance through the date the Village notifies the responsible party that all storm water management practices have passed the final inspection required under sub. (4)(d).