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.