A grading or building permit may not be issued for any parcel or lot unless final erosion and sediment control and stormwater management plans have been approved by the Town as meeting all the requirements of the Design Manual and this chapter. Where appropriate, a building permit may not be issued without:
A. 
Recorded easements for the stormwater management facility and easements to provide adequate access for inspection and maintenance from a public right-of-way;
B. 
A recorded stormwater management maintenance agreement as described in § 133-23 of this chapter; and
C. 
A performance bond as described in § 133-19 of this chapter.
The Town will collect permit fees from the owner/developer or other applicant to provide for the cost of plan review, administration, management of the permitting process, and inspection of all projects subject to this chapter. The permit fees will be collected, in advance, for each phase of a stormwater management plan submittal. At the time of the initial submittal by the owner/developer or other applicant, and before review of the stormwater management submittal begins, the Town will estimate the anticipated fees for the review of the proposed plan. The anticipated fees will include both fees for the anticipated time of Town employees and the cost of outside consultants who are hired by the Town to review those aspects of a proposed plan with regard to which Town employees lack the necessary expertise. The owner/developer or other applicant will pay to the Town, in advance, the full estimated amount of the permit fees. The amount collected from the owner/developer or other applicant will be used for the payment of the actual cost of outside consultants to the Town at the hourly rates charged by each consultant. In addition, the Town will charge hourly rates (or flat fees for each phase of the stormwater management plan submittal) for the time of Town employees dedicated to each submittal for which permit fees were collected, in advance. The owner/developer or other applicant will be notified of the use of its prepaid permit fees by the Town for the cost of its outside consultants or the cost of Town employees, periodically, as those expenses are incurred by the Town. In the event that the Town has underestimated the amount needed to cover the full cost of plan review, administration, management of the permitting process, and inspection of the project, the Town will estimate the amount of any additional permit fees which will be necessary and notify the owner/developer or other applicant, in writing, of any additional permit fees which will be required. The owner/developer or other applicant will provide the additional necessary permit fees within 10 days after written notification of the need for additional permit fees. All work on the stormwater management plan submittal shall cease until the additional permit fees are received by the Town. Upon completion of the Town's work on any submittal, the Town will refund all unutilized permit fees to the owner/developer or other applicant. A permit fee schedule which shall set forth hourly rates (or flat fees for each phase of the stormwater management plan submittal) for Town employees shall be established by the Town, by resolution. The hourly rates for outside consultants shall be the actual rates charged by those consultants to the Town at the time when the consultants' services are provided.
Any grading or building permit issued by the Town may be suspended or revoked after written notice is given to the permittee for any of the following reasons:
A. 
Any violation(s) of the conditions of the stormwater management plan approval;
B. 
Changes in site runoff characteristics upon which an approval or waiver was granted;
C. 
Construction is not in accordance with the approved plan;
D. 
Noncompliance with a correction notice(s) or stop-work order(s) issued for the construction of any stormwater management practice; and
E. 
An immediate danger exists in a downstream area in the opinion of the Town.
In granting an approval for any phase of site development, the Town may impose such conditions that may be deemed necessary to ensure compliance with the provisions of this chapter and the preservation of public health and safety.
The Town shall require from the developer a surety or cash bond, irrevocable letter of credit, or other means of security acceptable to the Town prior to the issuance of any building and/or grading permit for the construction of a development requiring stormwater management. The amount of the security shall not be less than 125% of the total estimated construction cost of all stormwater management facilities. The bond required in this section shall include provisions relative to forfeiture for failure to complete work specified in the approved stormwater management plan, compliance with all of the provisions of this chapter, and other applicable laws and regulations, and any time limitations. The bond shall not be released without a final inspection of the completed work by the Town, submission and approval of "as-built" plans, and certification of completion by the engineer that all stormwater management facilities comply with the approved plan and the provisions of this chapter. The Town may allow a one-time reduction of the performance bond or letter of credit amount based on partial completion of the stormwater management construction. The reduced surety amount shall be not less than 125% of the estimated construction cost to complete the stormwater management facilities.