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Municipal Code

Chapter 25. Construction Site Erosion Control

Sec. 25-28. 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 Director of Public Works or his designee prior to commencing the proposed activity.

(2) PERMIT APPLICATION AND FEES.  Unless specifically excluded by this ordinance, any responsible party desiring a permit shall submit to the Director of Public Works or his designee a permit application made on a form provided by the Director of Public Works or his designee for that purpose.

(a) Unless otherwise excepted by this ordinance, a permit application must be accompanied by a storm water management plan, a maintenance agreement and a non-refundable permit application fee.

(b) The storm water management plan shall be prepared to meet the requirements of sections 25-27 and 25-29, the maintenance agreement shall be prepared to meet the requirements of section 25-30, the financial guarantee, if required, shall meet the requirements of section 25-31, and fees shall be those established by the Common Council as set forth in section 25-32.

(3) REVIEW AND APPROVAL OF PERMIT APPLICATION.  The Director of Public Works or his designee 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 30 calendar days of the receipt of a complete permit application, including all items as required by subsection (2) above, the Director of Public Works or his designee shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this ordinance.

(b) If the storm water permit application, plan and maintenance agreement are approved, or if an agreed upon payment of fees in lieu of storm water management practices is made, the Director of Public Works or his designee shall issue the permit.

(c) If the storm water permit application, plan or maintenance agreement is disapproved, the Director of Public Works or his designee shall detail in writing the reasons for disapproval.

(d) The Director of Public Works or his designee may request additional information from the applicant.  If additional information is submitted, the Director of Public Works or his designee shall have 30 calendar days from the date the additional information is received to inform the applicant that the plan and maintenance agreement are either approved or disapproved.

(4) PERMIT REQUIREMENTS.  All permits issued under this ordinance shall be subject to the following conditions; holders of permits issued under this ordinance shall be deemed to have accepted these conditions.  The Director of Public Works or his designee may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party.  An action by the Director of Public Works or his designee to suspend or revoke this permit may be appealed in accordance with section 25-34.

(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 BMPs in accordance with the approved storm water management plan and this permit.

(c) The responsible party shall notify the Director of Public Works or his designee at least 7 business days before commencing any work in conjunction with the storm water management plan, and within 7 business days upon completion of the BMPs.  If required as a special condition under subsection (5) below, the responsible party shall make additional notification according to a schedule set forth by the Director of Public Works or his designee so that BMPs can be inspected during construction.

(d) BMPs required as part of this ordinance shall be surveyed by a Registered land Surveyor or Professional Engineer and certified "as built" by a licensed Professional Engineer or Hydrologist.  Completed BMPs must pass a final inspection by the Director of Public Works or his designee to determine if they are in accordance with the approved storm water management plan and ordinance.  The Director of Public Works or his designee or its designee shall notify the responsible party in writing of any changes required in said BMPs to bring them into compliance with the conditions of this permit.

(e) The responsible party shall notify the Director of Public Works or his designee of any significant modifications it intends to make to an approved storm water management plan.  The Director of Public Works or his designee 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 BMPs in accordance with the storm water management plan until the practices either become the responsibility of the City of Marshfield, or are transferred to subsequent private owners as specified in the approved maintenance agreement.

(g) The responsible party authorizes the Director of Public Works or his designee to perform any work or operations necessary to bring BMPs into conformance with the approved storm water management plan, and consents to a special assessment or charge against the property as authorized under subsection VII of ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under section 25-31.

(h) If so directed by the Director of Public Works or his designee, the responsible party shall repair at the responsible party's own expense all damage to adjoining municipal facilities and drainage ways caused by runoff, where such damage is caused by activities that are not in compliance with the approved storm water management plan.

(i) The responsible party shall permit property access to the Director of Public Works or his designee 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 Director of Public Works or his designee 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 25-33, if the responsible party fails to comply with the terms of this permit.

(5) PERMIT CONDITIONS. Permits issued under this subsection may include conditions established by the Director of Public Works or his designee in addition to the requirements needed to meet the performance standards in section 25-27 or a financial guarantee as provided for in section 25-31.

(6) PERMIT DURATION.  Permits issued under this section shall be valid from the date of issuance through the date the Director of Public Works or his designee notifies the responsible party that all storm water management practices have passed the final inspection required under subsection (4)(d) above.