SECTION 15.09. PERMITTING REQUIREMENTS, PROCEDURES, AND FEES.
(1) No responsible party may commence a land disturbing construction activity subject to this ordinance without receiving prior approval of an erosion and sediment control plan for the site and a permit from the Village Manager.,
(2) 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 15.05(27) 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.
[a] No activity for which this permit is required or any activity described in subsection (15.07) 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.
[b] 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.
(3) PERMIT APPLICATION AND FEES. The responsible party that will undertake a land disturbing construction activity subject to this ordinance shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of section 15.10, and shall pay an application fee to the Village Clerk in the amount specified in section 15.11. By submitting an application, the applicant is authorizing the Village Engineer to enter the site to obtain information required for the review of the erosion and sediment control plan.
(4) No permit under the provisions of this ordinance 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 Village Engineer.
(5) 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.
(6) PERMIT APPLICATION REVIEW AND APPROVAL. The Village Engineer shall review any permit application that is submitted with an erosion and sediment control plan and the required fee. All of the following approval procedure shall be used:
[a] Within fifteen (15) business days of the receipt of a complete permit application, the Village Engineer shall inform the applicant whether the application and erosion and sediment control plan are approved or disapproved based on the requirements of this ordinance.
[b] If the permit application and erosion and sediment control plan are approved, the Village Engineer and Village Clerk must sign the approval and the Village Clerk shall issue the permit.
[c] If the permit application or erosion and sediment control plan is disapproved, the Village Engineer shall state in writing the reasons for disapproval.
[d] The Village Engineer may request additional information from the applicant. If additional information is submitted, the Village Engineer shall have fifteen (15) business days from the date the additional information is received to inform the applicant that the erosion and sediment control plan is either approved or disapproved.
(7) SURETY BOND. All applications for a permit under the provisions of this ordinance 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 One Thousand ($1,000.00) 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.
(8) PERMIT REQUIREMENTS. All permits shall require the permittee to:
[a] Notify the Village Engineer within 48 hours of commencing any land disturbing construction activity.
[b] Notify the Village Engineer of completion of any BMPs within 14 days after their installation.
[c] Obtain permission in writing from the Village Engineer prior to any modification pursuant to section 15.10 (3) of the erosion and sediment control plan.
[d] Install all BMPs as identified in the approved erosion and sediment control plan.
[e] Maintain all road drainage systems, storm water drainage systems, BMPs, and other facilities identified in the erosion and sediment control plan.
[f] Repair any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land disturbing construction activities and document repairs in a site inspection log.
[g] Inspect the BMPs within 24 hours after each rain of 0.5 inches or more that results in runoff during active construction periods and at least once each week. Make needed repairs and install additional BMPs as necessary and document these activities in an inspection log that also includes the date of inspection, the name of the person conducting the inspection, and a description of the present phase of the construction at the site.
[h] Allow the Village Engineer to enter the site for the purpose of inspecting compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with the erosion and sediment control plan.
[i] Post a copy of the erosion and sediment control permit and plan at the construction site as set forth in the General Ordinances of the Village.
[j] Submit a landscape plan detailing both plan and elevation of construction if a hill, mound or berm, will exceed four feet in height.
[k] 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.
[l] Obtain all required permits from the Wisconsin Department of Natural Resources and/or the Army Corp of Engineers necessary to alter any wetlands.
(9) PERMIT CONDITIONS. Permits issued under this ordinance may include conditions established by the Village Engineer in addition to the requirements set forth in this ordinance, when needed to assure compliance with the performance standards in section 15.07 or section 08.
[a] Every person engaging in any activity subject to this ordinance shall do so to the grade approved by the Village Engineer, and at the end of such operations shall provide that the top sixteen (16) inches thereof shall be of soil, free from broken concrete and relatively free from gravel, and that the upper four (4) inches thereof shall be of soil suitable for growing vegetation. The permittee shall keep the surface of said site free from dust at all times during the operations and thereafter.
[b] All operations shall be conducted only between the hours of eight a.m. and five p.m. No operations shall be conducted on Sundays or holidays.
[c] The Village Board may, in any individual case, upon the recommendation of the Village Engineer, waive any and all of the regulations of this section upon an affirmative finding by the Village Board that any or all of the regulations in individual cases are not necessary for the public health, safety or welfare.
[d] PERSONS LIABLE. The owner, lessee, and/or any other person having possession and control over any operation under the terms of this ordinance, shall be responsible for the acts of his or its agents, servants, or employees, to the same extent as though their acts were the acts of such principal; and such owner, lessee, and/or other person shall be subject to prosecution for violation of the provisions of this ordinance by any of his or its agents, servants, or employees, and any penalty imposed under the terms of this ordinance may be imposed upon said principal, and/or upon the agents, servants or employees, or either or both of them.
[e] OBSTRUCTION TO DRAINAGE PROHIBITED. No person shall engage in land development activity, land disturbing construction activity, fill or excavate upon any lands within the Village of River Hills, whether pursuant to permit or not, so as to interfere with the natural flow of surface water in accordance with existing grades, or along any surface water drainage channel or natural water course.
[f] DUMPING PROHIBITED. No person shall dump or permit, or cause to be dumped, any materials other than solid fill as defined to Section 15.05 hereof, upon any lands in the Village of River Hills.
(10) PERMIT DURATION. Permits issued under this ordinance shall be valid for a period of 6 months, from the date of issuance. The Village Engineer may grant one or more extensions not to exceed 6 months, cumulatively. The Village Engineer may require additional BMPs as a condition of an extension if they are necessary to meet the requirements of this
(11) MAINTENANCE. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of this ordinance until the site has undergone final