Stormwater permits shall be subject to all of the requirements of this article. Violation of any permit requirement shall cause the permit holder and any other responsible party to be subject to enforcement action under Article IX. Upon issuance of a stormwater permit, the permit holder and any other responsible party shall be deemed to have accepted these requirements. General requirements include all of the following:
A. 
Other permits. Compliance with a stormwater permit does not relieve the permit holder or other responsible party of the responsibility to comply with other applicable federal, state, and local laws and regulations. The Designated City Representative may require the applicant to obtain other permits or plan approvals prior to issuing a stormwater permit.
B. 
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.
C. 
Plan modifications. The Designated City Representative shall be notified of any significant modifications proposed to be made to the approved plans. The Designated City Representative 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 F below and the Designated City Representative are subject to enforcement action.
D. 
Notification. The Designated City Representative shall be notified at least two working days before commencing any work in conjunction with approved plans. The Designated City Representative shall also be notified of proposed plan modifications under Subsection C above and within one working day of completing construction of a stormwater BMP. The Designated City Representative may require additional notification according to a schedule established by the Designated City Representative so that practice installations can be inspected during construction.
E. 
Designated City representative access. The Designated City Representative 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.
F. 
Project engineer/landscape architect/individual. An individual permit holder involved in individual construction projects creating an additional 7,000 square feet or less of impervious surfaces may obtain a permit that is designed and constructed as outlined in Appendix A, Rain Garden Design.[1] All others shall provide an engineer/landscape architect 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 § 367-16 below. If warm season or wetland plantings are involved, the permit holder shall also provide a landscape architect or other qualified professional to oversee and verify the planting process and its successful establishment.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
G. 
Inspection log. The permit holder shall provide a qualified professional 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, or 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 stormwater management BMPs, and any action needed or taken to comply with this chapter. The inspection log shall also include a record of BMP maintenance and repairs conducted under Subsections H and I below. The permit holder shall maintain a copy of the inspection log at the construction site or via the Internet, and shall notify the Designated City Representative of the method of availability upon permit issuance. If the inspection log is maintained on site, the Designated City Representative may view or obtain a copy at any time during normal business hours until permit termination under § 367-14 below. If the inspection log is made available via the Internet, the permit holder shall notify the Designated City Representative of the appropriate Internet address and any applicable access codes, and shall maintain the availability of the log until permit termination under § 367-14 below.
H. 
BMP maintenance. The permit holder shall maintain and repair all best management practices within 24 hours of inspection, or upon notification by the Designated City Representative, unless the Designated City Representative 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 § 367-14 below. The permit holder, upon approval by the Designated City Representative, 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 stormwater management practices until maintenance responsibility is transferred to another party or unit of government pursuant to the recorded maintenance agreement.
I. 
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 Designated City Representative may order immediate repairs or cleanup within road rights-of-way or other public lands if the Designated City Representative determines that such damage is caused by activities regulated by a permit under this chapter. With the approval of the landowner, the Designated City Representative may also order repairs or cleanup on other affected property.
J. 
Emergency work. The permit holder authorizes the Designated City Representative, in accordance with the enforcement procedures under Article IX, to perform any work or operations necessary to bring erosion control or stormwater management practices into conformance with the approved plans in accordance to the permit. The permit holder consents to paying for such costs directly or they will be charged against the escrow or financial assurance pursuant to § 367-15 below or to a special assessment or charge against the property as authorized under Subchapter VII of Ch. 66, Wis. Stats.
K. 
Permit display. The permit holder shall display the stormwater 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 § 367-14 below.
L. 
Other requirements. The Designated City Representative may include other permit requirements that the Designated City Representative determines are necessary to ensure compliance with this chapter.
A. 
Permit issuance. The Designated City Representative shall issue a permit to the applicant after verifying that all applicable conditions of this chapter and possibly other related permits have been met, including the submittal of contact information for all responsible parties and the submittal of the financial assurance under § 367-15 below. The Designated City Representative may delay issuance of a stormwater permit if the Designated City Representative determines that the proposed construction timelines and best management practices will not comply with the erosion control plan requirements under Article IV or the purposes of the chapter under § 367-4, including proposed late season new road construction with grass swales.
Note: The Designated City Representative has determined that it is difficult and/or costly to avoid adverse impacts to other property and the environment to construct new roads with grass swales after standard seeding deadlines for cool season grasses.
B. 
Permit duration. The Designated City Representative shall establish an expiration date for all stormwater permits based on the construction schedules in the approved erosion control and stormwater management plans. The applicant shall notify the Designated City Representative of any changes to the proposed schedule prior to permit issuance.
C. 
Permit amendments. The Designated City Representative may amend any terms of a stormwater permit, including extending the permit expiration date, if the Designated City Representative determines it is necessary to ensure compliance with this chapter. The applicant shall request an amendment to a stormwater permit at least two weeks before permit expiration on a form provided by the Designated City Representative for that purpose and shall pay the corresponding fee. The Designated City Representative may require additional erosion control or stormwater management measures as a condition of granting a permit amendment.
D. 
Permit transfer. The Designated City Representative may transfer a stormwater permit issued under this chapter to a new applicant upon a written request from the applicant and payment of the corresponding fee. The permit transfer shall not take effect until the Designated City Representative verifies in writing that the new applicant has satisfied all conditions of this chapter, including an updated list of responsible parties and the submittal of a new financial assurance under § 367-15 below.
E. 
Permit termination. The Designated City Representative shall issue a permit termination letter to the permit holder upon releasing the financial assurance under § 367-15 below, which shall serve as documentation that all conditions of this chapter have been satisfied and the permit has been terminated. A copy of this letter shall also be sent to the Wisconsin Department of Natural Resources and shall serve as the "Notice of Termination" under § NR 216.55, Wis. Adm. Code.
A. 
Purpose. The Designated City Representative shall require the applicant to submit a financial assurance to ensure compliance with the approved erosion control and stormwater management plans and other stormwater permit requirements.
B. 
Type and authority. The Designated City Representative shall determine the acceptable type and form of financial assurance, which may include cash, a bond, an escrow account or irrevocable letter of credit. The Designated City Representative shall, upon written notice to the permit holder, be authorized to use the funds to complete activities required in the approved plans or this chapter if the permit holder or other responsible party defaults or does not properly implement the requirements.
C. 
Amount. The amount of the financial assurance shall be determined by the Designated City Representative and shall not exceed the estimated cost of completing the approved erosion control and stormwater management plans.
D. 
Exemption. Publicly funded land disturbing or land development activities shall be exempt from providing a financial assurance.
E. 
Security. The Designated City Representative shall provide the permit holder or other responsible party a written statement outlining the purpose of the financial assurance, the applicable amount and type received and all of the conditions for release.
F. 
Conditions for release. The Designated City Representative shall release the financial assurance, and issue a termination letter in accordance with § 367-14E above, only after determining full compliance with the permit and this chapter, including the following:
(1) 
Accepting an "as-built" survey certified pursuant to § 367-16A below;
(2) 
Accepting verification of construction pursuant to § 367-16B below;
(3) 
Completing a satisfactory final inspection pursuant to § 367-17 below;
(4) 
Receiving a copy of the recorded maintenance agreement pursuant to Article VII of this chapter.
G. 
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.
H. 
Amounts withheld. The Designated City Representative shall withhold from the financial assurance amount released to the permit holder any costs incurred by the Designated City Representative 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 Designated City Representative associated with the enforcement of this chapter.
I. 
Other financial assurances. The financial assurance provisions of this chapter shall be in addition to any other financial assurance requirements of other site improvements. Any arrangements made to share financial assurances shall be made at the discretion of the Designated City Representative and shall be at least as restrictive as the requirements in this chapter.
A. 
As-built survey. To ensure compliance with this chapter and to serve as a basis for the engineering verification under Subsection B below, an as-built survey shall be completed in accordance with Designated City Representative standards and certified as accurate by a professional land surveyor or an engineer licensed in the State of Wisconsin. As-built plans shall be submitted to the Designated City Representative for all stormwater management BMPs, bridges and culverts pursuant to § 367-26F(4) below, and other permanent best management practices or other practices as deemed necessary by the Designated City Representative to ensure its long-term maintenance. The Designated City Representative may require a digital submittal of the as-built survey, in accordance with Designated City Representative standards.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Verification. A professional engineer licensed in the State of Wisconsin shall verify, in accordance with Designated City Representative standards, that the engineer has successfully completed all site inspections outlined in the approved plans and that the construction of all stormwater management BMPs, as determined by the Designated City Representative, complies with the approved plans and applicable technical standards and/or otherwise satisfies all the requirements of this chapter. If warm season or wetland plantings are involved, a landscape architect or other qualified professional shall verify the planting process and its successful establishment, in accordance with Designated City Representative standards.
C. 
Design summaries. Any changes noted in the as-built survey or final design data compared to the design summaries approved with the final stormwater management plans shall be documented and resubmitted to the Designated City Representative as part of the verification under Subsection B above.
After completion of construction, the Designated City Representative shall conduct a final inspection of all permitted sites to determine compliance with the approved plans and other applicable ordinance requirements, including ensuring the site is stabilized. If, upon inspection, the Designated City Representative determines that any of the applicable requirements have not been met, the Designated City Representative shall notify the permit holder what changes would be necessary to meet the requirements. At the request of the permit holder, the Designated City Representative shall provide a notification of noncompliance or a report of final inspection in written or electronic form.