(A) Permits.
(1) Land disturbance permit. A Land Disturbance Permit must be obtained from the Office of the City Engineer when land disturbance activities are to be performed for sites as defined per the City Engineering Department's Fee Schedule for Encroachment Work and Land Disturbance Activities, hereafter referred to as "Fee Schedule."
(2) Encroachment permit. An encroachment permit must be obtained from the Office of the City Engineer when any work is to be performed in the city right-of-way. The permit shall cover only one specified encroachment activity. Such right-of-way encroachments include permanent or temporary entrances, installation or repair of sidewalks, curb cuts, ditch work, or any other activities in the public right-of-way that may impact proper drainage or damage public infrastructure. A drawing, sketch, and/or description of the work shall be provided. All work must be done in accordance with all city ordinances, regulations, and standards. Refer to Chapter 96: Streets, Curbs, and Sidewalks for more information. Future maintenance of the encroachment is the responsibility of the permit holder.
(3) Time frame. The permit holder shall have 12 months (one year) from date of permit issuance to construct the entrance, encroachments, and/or land disturbing activities in accordance with the permit. Failure to complete the work properly within this one-year time frame shall be reasons for forfeiture of the bond. If the work is not completed properly within the one-year time frame, no further permits will be issued to the permit holder until the property comes into compliance with this ordinance. Extensions may be approved by the City Engineer or designee.
(4) Bonds. A minimum performance bond shall accompany the submittal of each permit as required. Bond values shall be no less than $500 as described in the fee schedule and shall be an amount sufficient enough to cover the cost of the improvements as approved by the City Engineer. Such items to be bonded may include, but are not limited to, erosion control measures and their maintenance, construction of stormwater facilities as described in this chapter, all encroachment work including entrances, sidewalks, curb cuts, utility crossings, etc. The bond is fully refundable provided all improvements are constructed as specified on the permit and the approved improvement plans. The design engineer shall submit certifications for detention ponds and other control facilities, as required, to the Office of the City Engineer. A representative from the city shall inspect the completed work to ensure all areas within the public right-of-way and stormwater facilities have vegetation established and are functioning as designed before releasing the bond.
(5) Permit fees. All land disturbance and encroachment permits shall have a permit fee to cover administrative and inspection costs which shall be not less than $50 and no more than $5,000. All permit fees are due at the time of application and shall be assessed according to the fee schedule.
(6) Late fee. A late fee shall be assessed to permits when construction activities begin prior to the land disturbance permit being issued. The late fee shall be equal and in addition to the original permit fee (i.e. late fee = original permit fee; revised permit fee = late fee + original permit fee).
(B) Review fees. Projects that must go through the plan review process shall be charged a review fee per the fee schedule. Review fees shall be not less than $50 and no more than $5,000. All review fees are due at the time of plan submittal. No permits shall be issued until all review fees have been paid.
(1) For new residential, commercial, and industrial developments that require a SWPPP and/or SWMP per this section, review fees shall be assessed according to the fee schedule.
(2) Review of development plans where infrastructure will be taken over by the city and become part of the public road and/or utility systems (i.e. water, sewer, street, etc.), additional plan review fees shall be assessed according to the fee schedule.
(3) Resubmittal fee. Incomplete plans and/or submittal packages will not be reviewed until all required documents have been received by the city. Plans and/or documents of the submittal package requiring major revisions may be assessed a resubmittal fee equal to one half the original review fee. Revisions that take place after approval and issuance of the land disturbance permit may be assessed the same resubmittal fee.
(C) Recording fees. For sites that require documents to be recorded by the Nelson County Clerk's office, recording fees will be charged per the Nelson County Clerk's Fee Schedule for Land Records. Such documents may include, but are not limited to, deed of easements, maintenance agreements, subdivision agreements, etc. The city will handle recording on behalf of the permittee and will collect fees at the time of plan submittal.
(D) Establishment of storm water management fund.
(1) The storm water management program is established and the storm water system is provided to protect the waterways and land in the city by managing flooding and to benefit the natural environment. The costs of designing, developing, improving, operating, maintaining, and monitoring the storm water system required in the city should, therefore, be allocated, to the extent as practicable, to all property owners. In order to provide revenue to fund those costs and to fairly allocate those costs, a Storm Water Management Fund ("the Fund") is established.
(2) All revenues collected from the storm water management fee from grants, permit fees, and other charges collected under the Storm Water Management Program, shall be deposited to the Fund. The City Council may make additional appropriations to the Fund. All disbursements from the Fund shall be for the purposes of the Fund as set forth in division (E).
(E) Purposes of the Fund. The Fund shall be used for the following purposes:
(1) The acquisition by gift, purchase, or condemnation of real and personal property, and interests therein, necessary to construct, operate, and maintain storm water management facilities.
(2) All costs of administration and implementation of the Storm Water Management Program, including the establishment of reasonable operating and capital reserves to meet unanticipated or emergency storm water management requirements.
(3) Engineering and design, debt service and related financing expenses, construction costs for new facilities, amid enlargement or improvement of existing facilities.
(4) Operation and maintenance of the storm water system.
(5) Monitoring, surveillance, and inspection of storm water control devices.
(6) Water quality monitoring and water quality programs.
(7) Retrofitting developed areas for pollution control.
(8) Inspection and enforcement activities.
(9) Costs of public education relating to storm water and related issues.
(10) Billing and administrative costs.
(11) Other activities which are reasonably required.
(Ord. 432, passed 5-16-90; Am. Ord. B2006-8, passed 5-23-06; Am. Ord. B2011-19, passed 9-27-11; Am. Ord. B2018-04, passed 3-6-18)