§ 34-108. Stormwater permit requirements.

(a)

General permit requirements. Storm water permits shall be subject to all of the requirements of this division. Violation of any permit requirement shall cause the permit holder and any other responsible party to be subject to enforcement action under section 34-114. Upon issuance of a storm water permit, the permit holder and any other responsible party shall be deemed to have accepted these requirements. General requirements include all of the following:

(1)

Other permits. Compliance with a storm water permit does not relieve the permit holder or other responsible party of the responsibility to comply with all other applicable federal, state, and local laws and regulations. The village may require the applicant to obtain other permits or plan approvals prior to issuing a storm water permit.

(2)

Approved plans. All best management practices shall be installed and maintained in accordance with approved plans and construction schedules. A copy of the approved plans shall be kept at the construction site at all times during normal business hours.

(3)

Plan modifications. The village engineer shall be notified of any modifications proposed to be made to the approved plans or schedules. The village engineer may require proposed changes to be submitted for review prior to incorporation into the approved plans or implementation. Any modifications made during plan implementation without prior approval by the project engineer under subsection (6) below and the village engineer may be subject to enforcement action.

(4)

Notification. The village engineer shall be notified at least 3 working days before commencing any work in conjunction with approved plans. The village engineer shall also be notified of proposed plan modifications under subsection (3) above, and within one working day of completing construction of a storm water BMP. The village engineer may require additional notification according to a schedule established by the village so that practice installations can be observed during construction.

(5)

Village engineer access. The village engineer or its designee shall be permitted access to the site for the purpose of inspecting the property for compliance with the approved plans and other permit requirements. All costs of said inspections shall be paid by the permit holder.

(6)

Project engineer/landscape architect . The permit holder shall provide an engineer licensed in the state of Wisconsin to be responsible for achieving compliance with approved construction plans, including the implementation of the approved inspection plan and verification of construction in accordance with subsection (d) below. If warm season or wetland plantings are involved, the permit holder shall also provide a qualified professional to oversee and verify the planting process and its successful establishment.

(7)

Inspection log. The permit holder shall provide qualified personnel to conduct inspections and maintain an inspection log for the site. All best management practices shall be inspected within 24 hours after each rain event of 0.5 inch or more that results in runoff, and at least once each week. The inspection log shall include the name of the inspector, the date and time of inspection, a description of the present phase of construction, the findings of the inspection, including an assessment of the condition of erosion and sediment control measures and the installation of storm water management BMPs, and any action needed or taken to comply with this division. The inspection log shall also include a record of BMP maintenance and repairs conducted under subsections (8) and (9) below. The permit holder shall maintain a copy of the inspection log at the construction site or via the Internet, and shall notify the village of the method of availability upon permit issuance. If the inspection log is maintained on site, the village may view or obtain a copy at any time during normal business hours until permit termination under subsection (b) below. If the inspection log is made available via the Internet, the permit holder shall notify the village of the appropriate Internet address and any applicable access codes, and shall maintain the availability of the log until permit termination under subsection (b) below. The village engineer or its designee will complete site inspections under this section to maintain compliance with the village's Wisconsin Pollutant Discharge Elimination System permit. All costs of said inspections shall be paid by the permit holder. These village inspections will not absolve the permit holder from their responsibilities under other permits and regulatory agencies. In the event violations are found during village inspections, the frequency of village inspections may be increased.

(8)

BMP maintenance. The permit holder shall maintain and repair all best management practices within 24 hours of inspection, or upon notification by the village, unless the village approves a longer period due to weather conditions. All BMP maintenance shall be in accordance with approved plans and applicable technical standards until the site is stabilized and a permit termination letter is issued under subsection (b) below. The permit holder, upon approval by the village, shall remove all temporary erosion control practices such as silt fence. The permit holder, in accordance with approved plans and applicable technical standards, shall maintain permanent storm water management practices until maintenance responsibility is transferred to another party or unit of government pursuant to the recorded maintenance agreement.

(9)

Other repairs. The permit holder shall be responsible for any damage to adjoining properties, municipal facilities or drainage ways caused by erosion, siltation, runoff, or equipment tracking. The village may order immediate repairs or clean-up within road rights-of-way or other public lands if the village determines that such damage is caused by activities regulated by a permit under this division. With the approval of the landowner, the village may also order repairs or clean-up on other affected property. The costs for all such repairs or clean-up as ordered by the village shall be paid by the permit holder.

(10)

Emergency work. The owner of the BMP authorizes the village, in accordance with the enforcement procedures under section 34-114, to perform any work or operations and/or any unremedied repairs necessary to bring erosion control or storm water management practices into conformance with this division and/or the approved plans and consents to charging such costs against the financial assurance pursuant to subsection (c) below or to a special assessment or charge against the property as authorized under W.S.A., subch. VII of ch. 66.

(11)

Permit display. The permit holder shall display the storm water permit in a manner that can be seen from the nearest public road and shall protect it from damage from weather and construction activities until permit termination under subsection (b) below.

(12)

Other requirements. The village may include other permit requirements that the village determines are necessary to ensure compliance with this division.

(b)

Stormwater permit issuance, duration, amendments, transfer and termination.

(1)

Permit issuance. The village shall issue a permit to the applicant after verifying that all applicable conditions of this division and any other related permits have been met, including the submittal of contact information for all responsible parties and the submittal of the financial assurance under subsection (c) below. The village will not issue a storm water permit if the village determines that the proposed construction timelines and best management practices will not comply with the erosion control plan requirements under section 34-109 or the purposes of the division under section 34-102.

(2)

Permit duration. The village shall establish an expiration date for all storm water permits based on the construction schedules in the approved erosion control and storm water management plans. The applicant shall notify the village of any changes to the proposed schedule prior to permit issuance.

(3)

Permit amendments. The village may amend any terms of a storm water permit, including extending the permit expiration date, if the village determines it is necessary to ensure compliance with this division. The applicant shall request an amendment to a storm water permit at least 30 days before permit expiration and shall pay the corresponding fee. The village may require additional erosion control or storm water management measures as a condition of granting a permit amendment.

(4)

Permit transfer.

a.

Voluntary. The village may transfer a storm water permit issued under this division to a new applicant upon a written request from the applicant and payment of any corresponding fee. The permit transfer shall not take effect until the village engineer verifies in writing that the new applicant has satisfied all conditions of this division, including an updated list of responsible parties and the submittal of a new financial assurance under subsection (c) below, and approval of the village board.

b.

Involuntary. Upon the death or dissolution of a permit holder, foreclosure or other involuntary transfer of ownership of property subject to a storm water permit, storm water permit and all associated rights and obligations shall automatically transfer to the new landowner. The village may retain and utilize the financial assurances of the former owner for the purposes set forth in subsection(c) below and may require additional financial assurances from the new owner.

(5)

Permit termination. The village shall issue a permit termination letter to the permit holder upon releasing the financial assurance under subsection (c) below, which shall serve as documentation that all conditions of this division have been satisfied and the permit has been terminated.

(c)

Financial assurance.

(1)

Purpose. All applicants are required to submit a financial assurance to ensure compliance with the approved erosion control and storm water management plans and other storm water permit requirements.

(2)

Type and authority. The village attorney shall approve of the form of the financial assurance which may include cash, an escrow account or an irrevocable letter of credit. The village engineer shall, upon written notice to the permit holder, be authorized to use the funds to complete activities required in the approved plans or this division if the permit holder or other responsible party defaults or does not properly implement the requirements.

(3)

Amount. The amount of the financial assurance shall be determined by the village engineer based on current construction costs or applicable bid prices and shall not exceed the estimated cost of completing the approved grading, erosion control and storm water management plans plus a 20 percent contingency.

(4)

Exemption. Publicly funded land disturbing or land development activities shall be exempt from providing a financial assurance.

(5)

Conditions for release. The village engineer shall recommend release of the financial assurance to the village board, and issue a termination letter upon village board approval in accordance with subsection (b)(5) above, only after determining full compliance with the permit and this section, including the following:

a.

Acceptance of a record drawing survey pursuant to subsection (d)(1) below;

b.

Acceptance of verification of construction pursuant to subsection (d)(2) below;

c.

Completing a satisfactory final inspection pursuant to subsection (e) below; and

d.

Receiving a copy of the recorded maintenance agreement pursuant to section 34-112 of this section.

e.

A substitute surety will be required for uncompleted work.

(6)

Terms of release. Surety shall remain in place for a period of three years from the date of the execution of the agreement or until drawn upon in full by the village or one year from the date of the certification of the storm water improvements whichever occurs first.

(7)

Partial releases. The permit holder may apply for a partial release of the financial assurance based on the completion or partial completion of various construction components or satisfaction of individual requirements noted above.

(8)

Amounts withheld. The village shall withhold from the financial assurance amount released to the permit holder any costs incurred by the village to complete installation or maintenance of best management practices through enforcement action or prior to the transfer of maintenance responsibilities through an approved maintenance agreement, or other unpaid fees or costs incurred by the village associated with the enforcement of this ordinance.

(9)

Other financial assurances. The financial assurance provisions of this division shall be in addition to any other financial assurance requirements of the village for other site improvements. Any arrangements made to share financial assurances with the local community shall be made at the discretion of the village engineer and shall be at least as restrictive as the requirements in this division.

(d)

Construction and planting verification.

(1)

Record drawing survey. To ensure compliance with this division and to serve as a basis for the engineering verification under subsection (2) below, a survey shall be completed by the applicant or its designees of the completed storm water management system, master grading plan, and other permanent best management practices or practice components as deemed necessary by the village engineer to ensure its long-term maintenance.

(2)

Verification. The permit holder shall cause a professional engineer licensed in the State of Wisconsin to verify that the construction of all storm water BMPs comply with the approved plans, permits, applicable technical standards and meet the requirements of this division. Such verification shall be subject to review and recommendation of approval by the village engineer or its designee. If warm season or wetland plantings are involved, a qualified professional shall verify the planting process and its successful establishment, in accordance with village standards.

(3)

Design summaries. Any changes noted in the record drawing survey or final design data compared to the design summaries approved with the final storm water management plans shall be documented and resubmitted to the village engineer as part of the verification under subsection (2) above.

(4)

Verification fees. All village costs associated with construction and planting verification will be paid by the permit holder.

(e)

Final inspection. After completion of construction and prior to permit termination, the village engineer or designee shall conduct a final inspection of all permitted sites to determine compliance with the approved plans and other applicable ordinance requirements, including determining if the site is stabilized. If, upon inspection, the village determines that any of the applicable requirements have not been met, the village shall notify the permit holder what changes would be necessary to meet the requirements.

(Ord. No. 816, § IV, 1-6-09; Ord. No. 914, § IV, 5-17-16; Ord. No. 928, § IV, 4-18-17)