A stormwater permit under § 367-9 shall be obtained before any person commences a land disturbing or land development activity, pursuant to § 367-6. Based upon the scope of the project, a preliminary review letter under § 367-8 below and certification of compliance under § 367-10 below are required as part of the permit process.
A. 
Purpose and intent. A preliminary stormwater review letter is prepared by the Designated City Representative to ensure that early site planning for any new development accounts for compliance with this chapter. Preliminary stormwater planning will help resolve spatial and soils issues early in the site planning phase and may prevent a conflict with other permit requirements. A stormwater permit is required prior to the start of any proposed land disturbing or land development activity.
B. 
Applicability and requirements.
(1) 
A preliminary stormwater review letter from the Designated City Representative is required prior to the approval of a preliminary plat, a certified survey map, site plan, conditional use permit, zoning permit or zoning amendment where any proposed land disturbing or land development activity is proposed to occur under § 367-6.
(2) 
All projects described in Subsection B(1) above shall be subject to conditional approvals subject to the recommendations, requirements or objections contained in a preliminary review letter from the Designated City Representative, which will require certification of compliance under § 367-10 and the application review process under § 367-12 below, unless not applicable.
Note: It is recommended that subdivisions and other projects that may result in the addition of 0.5 acre of impervious surface go through a concept planning phase, including meeting with Designated City Representative and other appropriate City staff, prior to submitting a preliminary plat or CSM.
C. 
Preliminary review letter application.
(1) 
To request a preliminary review letter, the applicant shall submit a complete application to the Designated City Representative, which shall include all of the following:
(a) 
A completed and signed application on a form provided by the Designated City Representative for that purpose;
(b) 
The application fee, unless exempted under § 367-11 below;
(c) 
A site plan map in accordance with § 367-25, which may be in a preliminary stage as prepared for zoning amendments and certified survey maps;
(d) 
A preliminary erosion control plan in accordance with § 367-21;
(e) 
A preliminary stormwater management plan in accordance with § 367-28;
(f) 
A preliminary maintenance agreement for all stormwater BMPs proposed for the site.
(2) 
The Designated City Representative may waive the requirement for a preliminary erosion control or preliminary stormwater management plan under Subsection C(1) above if the Designated City Representative determines that it is not necessary to ensure compliance with this chapter. However, all items required for a stormwater permit shall apply.
(3) 
The Designated City Representative may require map items listed above to be submitted in a digital form, if available, including georeferencing map data to the public land survey system in accordance with county and/or City mapping standards.
(4) 
Review procedures for a preliminary review letter application shall be in accordance with § 367-12A below.
A. 
To request a stormwater permit under this chapter, the applicant shall submit a complete application, which shall include all of the following:
(1) 
A completed and signed application on a form provided by the Designated City Representative for that purpose;
(2) 
The applicable fee(s), unless exempted under § 367-11 below;
(3) 
A site plan map in accordance with § 367-25;
(4) 
A final erosion control plan in accordance with § 367-22;
(5) 
A final stormwater management plan in accordance with § 367-29 for those land development activities that meet any of the applicability criteria of § 367-6B, and the documentation required under § 367-27B(4) related to a off-site BMPs, if applicable;
(6) 
A maintenance agreement in accordance with Article VII; and
(7) 
A financial assurance, in accordance with § 367-15.
B. 
The Designated City Representative may require map items listed above to be submitted in a digital form, if available, including georeferencing map data to the public land survey system in accordance with county and/or City mapping standards.
C. 
Review procedures for a stormwater permit application shall be in accordance with § 367-12 below.
A. 
Applicability. The Designated City Representative shall certify compliance with this article prior to City Council approval of any final plat. In addition, certification of compliance shall be required prior to City Council approval of any certified survey map (CSM) subject to § 367-6B(2)(b).
B. 
Review items. To obtain certification of compliance, the applicant shall submit a final plat or CSM to the Designated City Representative for review. The Designated City Representative shall review submittals for compliance with all of the following items based on preliminary or final site plans and stormwater management plans:
(1) 
Location and size of drainage easements and other areas set aside for stormwater management, and the associated language describing use restrictions;
(2) 
Setback requirements from wells, structures, steep slopes, road rights-of-way and other items related to the location of stormwater management facilities;
(3) 
Location of access drives and associated easements and use restrictions to ensure adequate access to stormwater management facilities for future maintenance;
(4) 
Utility easements as they may affect the grading and erosion control plans;
(5) 
The final maintenance agreement in accordance with Article VII for all stormwater BMPs; and
(6) 
Other items that the Designated City Representative determines are necessary to achieve compliance with this chapter.
C. 
Review process. Review procedures for certification of compliance for final plat or CSM shall be as described in § 367-12A below.
Note: To avoid disapproval of the final plat, it is recommended that a final stormwater management plan be approved by the Designated City Representative prior to submittal of the final plat.
Application and review fees under this chapter shall be in accordance with the following:
A. 
Direct application fees shall be recommended by the Designated City Representative and established by the City Council through the annual budget process.
B. 
Direct application fee amounts shall be based on the actual and direct Designated City Representative costs of administering this chapter.
C. 
An escrow recommended by the Designated City Representative and established by the City Council through the annual budget process for application review and enforcement. Escrow will be used to cover costs associated with review and enforcement of applications and permits. If escrows are exceeded for this purpose, the applicant shall pay for all costs associated with review and enforcement.
D. 
The applicant shall authorize the Designated City Representative to perform any review work, compliance work, and enforcement work, which will be paid by applicant through escrow or deposit or financial guarantee or a special assessment or charge against the property as provided under § 66.0627 or 66.0703, Wis. Stats., to cover the cost of such work or operations. The applicant shall waive notice and hearing as provided by § 66.0703(7)(b), Wis. Stats.
E. 
A fee and escrow schedule shall be available for review and public distribution.
A. 
Preliminary stormwater review letter and certification of compliance. Upon submittal of a complete application under § 367-8 above and/or under § 367-10 above, the applicant is authorizing the Designated City Representative to enter upon the subject site to obtain information needed to administer this chapter and the following procedures shall apply:
(1) 
The Designated City Representative shall have 15 working days from the date the Designated City Representative receives the application to issue a review letter to the applicable review authorities and the applicant based on the requirements of this chapter.
(2) 
If within the 15 working days the Designated City Representative determines that the application is not complete or requests additional information from the applicant or another source (such as another regulatory agency), the Designated City Representative shall have 10 working days from the date additional information is received to issue a review letter. The Designated City Representative shall inform the applicant and the applicable review authorities when additional information is requested from another source.
(3) 
If the Designated City Representative does not notify the applicant via certified mail of missing information or issue a review letter within the 15 working days, the applicant may continue pursuing other applicable approvals or deed recording without the preliminary stormwater review letter or certification of compliance.
(4) 
If within the 15 working days the Designated City Representative notifies the applicable via certified mail and review authorities that the application under § 367-8C above is not complete, information has been requested from another source, or recommended changes or objections to the application need to be addressed before other approvals can proceed, then the applicable review authorities may:
(a) 
At the request of the applicant, grant an extension to the review period, if needed, to allow more time for the Designated City Representative review process to be completed or to address Designated City Representative recommendations, requirements or objections to the application; or
(b) 
Disapprove the application, plat or CSM.
B. 
Stormwater permit for 1/2 acre land disturbance and greater; applicability exemptions and technical exemptions. Upon submittal of a complete permit application under § 367-9 above or applicability exemption application under § 367-6 or 367-27, the applicant is authorizing the Designated City Representative to enter upon the subject site to obtain information needed to administer this chapter and the following procedures shall apply:
(1) 
Within 20 working days from the date the Designated City Representative receives the application, the Designated City Representative shall inform the applicant whether the application materials are approved or disapproved based on the requirements of this chapter.
(2) 
If all requirements of this chapter have been met through the application, the Designated City Representative shall approve the application and issue a permit. If all requirements of this chapter have not been met, the Designated City Representative shall state in writing the reasons for disapproval.
(3) 
If within the 20 working days the Designated City Representative determines that the application is not complete or requests additional information from the applicant or another source (such as another regulatory agency), the Designated City Representative shall have 20 working days from the date the additional information is received to review and act on the application. The Designated City Representative shall inform the applicant when additional information is requested.
(4) 
Failure of the Designated City Representative to inform the applicant of missing information or of a decision within the 20 working days shall be deemed to mean approval of the application and the applicant may proceed as if a permit had been issued.