28.070 Permitting Requirement, Procedures and Fees.

(1) Permit Required. No applicant may commence or undertake a land development activity in the City subject to this chapter without first receiving a permit from the Director of Public Works.

(2) Permit Application and Fee. Unless specifically excluded by this chapter, any applicant desiring a stormwater management permit shall submit to the Director of Public Works a written permit application containing all necessary information as required by the official City stormwater management form.

(a) Unless otherwise exempted by this chapter, a permit application must be accompanied by the following information in order to be considered by the Director of Public Works:

1. A stormwater management plan in accordance with MMC 28.080;

2. A maintenance agreement in recordable form in accordance with MMC 28.090;

3. Any payment of a fee-in-lieu, as provided for under MMC 28.060(7);

4. A nonrefundable permit administration fee to cover costs incurred by the City for review and analysis of the permit application materials, at rates established by resolution of the Common Council; and

5. Any easements or land approvals which may be required.

In addition to a permit administration fee, the Director of Public Works will invoice the applicant for actual expenses incurred by the City or its consultant to review a stormwater management plan. The applicant will be invoiced for the amount of these expenses which is more than double the amount of the permit administration fee.

(3) Review and Approval of Permit Application. The Director of Public Works shall review all permit applications. The following approval procedure shall be used:

(a) Within 10 business days of the receipt of a complete permit application, including all documents as required by subsection (2)(a) of this section, the Director of Public Works shall inform the applicant in writing whether the application, plan, maintenance agreement and easements are approved or disapproved or if additional information is required under subsection (3)(d) of this section. The Director of Public Works shall base the decision on requirements set forth in MMC 28.060, 28.080, and 28.090. In the case of a complex permit application or other extenuating circumstances, the Director of Public Works may extend the time of permit review an additional 10 business days. If an extension occurs, the permit applicant will be notified of the extension in the first 10 business days.

(b) If a stormwater permit application, plan, maintenance agreements or easements are approved, the Director of Public Works shall issue the permit provided all fees and costs are paid contemporaneous with the issuance of said permit.

(c) If a stormwater permit application, plan, maintenance agreements or easements are disapproved, the applicant may revise the stormwater management plan or agreement, or may appeal the decision as provided for in MMC 28.110.

(d) If additional information is submitted, the Director of Public Works shall have 20 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 Director of Public Works to inform the permit applicant in writing of a decision within 20 business days of a required submittal shall be deemed a disapproval of the submittal.

(4) Practice, Installation, Security Instrument and Maintenance. The Director of Public Works may, at his/her discretion, require the submittal of a security instrument prior to issuance of a permit, in order to ensure that the stormwater practices will be installed and maintained by the applicant as required by the stormwater management plan. The Director of Public Works shall determine the amount and type of security instrument, and shall set the terms and conditions of the security instrument to meet the requirements under MMC 15.370(2)(l), and subject to the following parameters:

(a) The security instrument shall not exceed the total estimated construction cost of the stormwater management practices approved under a permit, plus 15 percent;

(b) The amount of the maintenance agreement shall be determined by the Director of Public Works, and shall not exceed the maintenance costs estimated in the stormwater plan for the period during which the applicant has maintenance responsibility; and

(c) The security instrument shall contain forfeiture or liquidated damages provisions for failure to complete work specified in a stormwater management plan, and for failure to maintain the improvements. Conditions for the release of a security instrument are as follows:

1. The security instrument for the completion of all required improvements shall be released in full only upon submission of “as built plans” within 60 consecutive calendar days after completion of construction, and written certification by a professional engineer registered in the State of Wisconsin that the stormwater practice has been installed in accordance with the approved plan and other applicable provisions of this chapter. The Director of Public Works may make provisions for a partial pro rata release of the security instrument based on the completion of various development stages.

2. The security instrument for site maintenance, minus any actual costs or expenses incurred by the City to conduct required maintenance at the site, shall be released at such time that the responsibility for maintenance is assigned or transferred to another entity, subject to assignment of the approved maintenance agreement to the entity, and written consent of the City.

(5) Permit Conditions. The Director of Public Works may suspend or revoke a permit for violation of a permit condition, following written notification to the applicant. An action by the Director of Public Works to suspend or revoke a permit may be appealed in accordance with MMC 28.110. All permits issued under this chapter shall be subject to the following conditions, and applicants issued permits under this chapter shall be deemed to have accepted these conditions:

(a) Compliance with a permit does not relieve the applicant of the responsibility to comply with all Federal, State, and local laws and regulations.

(b) The applicant shall design, install, and maintain all structural and nonstructural stormwater management measures in accordance with the approved stormwater management plan, maintenance agreement, and permit.

(c) The applicant shall notify the Director of Public Works during regular working hours at least three business days before commencing any work in conjunction with the stormwater management plan, and within five business days upon completion of the stormwater management practices. Such notification must include a contact person’s name, phone and address. If required as a condition of the permit, the applicant shall make additional notification according to a schedule set forth by the Director of Public Works, so that practices and installations can be inspected during construction.

(d) Completed stormwater management practices must pass a final inspection to determine if they are in accordance with the approved stormwater management plan and this chapter. The Director of Public Works, or other competent professionals identified by the Director of Public Works, shall perform the required inspection, the costs of which shall be the sole responsibility of the applicant. The Director of Public Works shall notify the applicant in writing of any changes required in such practices to bring the improvements into compliance with the conditions of a permit. The applicant is further required to submit a certificate of completion, stating the completion of the permitted work in accordance with the plans, City, Federal, State and local laws and regulations. The applicant, the applicant’s contractor, and the applicant’s designer engineer shall sign the certificate.

(e) The applicant shall notify the Director of Public Works of any significant modifications to practices or installations the applicant intends to make to an approved stormwater management plan. The Director of Public Works may require that the proposed modifications be submitted for approval, prior to incorporation of any modifications to a stormwater management plan.

(f) The applicant shall maintain all stormwater management practices, specified in the approved stormwater management plan, until the practices either become the responsibility of the City, or are assigned or transferred to a subsequent private owner(s) as specified in an approved maintenance agreement. If such maintenance does not occur, the applicant is deemed to have authorized the City to perform maintenance at the owner’s expense, and to draw upon the performance security under subsection (4) of this section.

(g) The applicant authorizes the Director of Public Works to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan, when necessary to complete the work after incompletion, notification or when required for public safety. The City shall utilize any remedies at law to collect any unpaid costs, including but not limited to placing associated costs upon the tax roll as a lien against the applicant’s property, or charging such costs against the performance security posted for the project.

(h) If so directed by the Director of Public Works, the applicant shall repair, at the applicant’s own expense, all damages to adjoining municipal and privately owned facilities and drainage ways caused by stormwater runoff, where such damage is caused or proximately caused by activities that are not in compliance with the approved stormwater management plan or in compliance with BMPs or DNR regulations.

(i) The applicant shall permit the Director of Public Works access to the property for the purpose of inspecting the property for compliance with the approved stormwater management plan and this permit.

(j) Where a stormwater management plan involves direction of some or all runoff off from a site, it shall be the responsibility of the applicant to obtain, from adjacent property owners, any easements or other necessary property approvals concerning flowage of water per MMC 28.060(2)(g). Issuance of a permit does not create any easements, approvals on water flowage or affect any other rights of adjacent property owners.

(k) The applicant is subject to the enforceable actions detailed in MMC 28.100 if the applicant fails to comply with the terms of a permit.

(6) Permit Duration. Permits issued under this chapter shall be valid from the date of issuance through the date the Director of Public Works notifies the applicant that all stormwater management practices have passed the final inspection required under subsection (5) of this section. However, the applicant’s permit shall expire 24 months from the date of issuance under all circumstances, unless extended in writing by permission of the Director of Public Works. The applicant must reapply, and must meet all conditions of the first application as well as any new conditions and regulations in place at the time of the reapplication, if the permit expires.

[Ord. 08-522 §§ 18 – 21, 2008. Prior code § 28.07]