(a) Permit Required. No responsible party may undertake a land disturbing construction activity subject to this Chapter without receiving prior approval of an erosion and sediment control plan for the site and a permit from the Village Engineer.
(b) Permit Application and Fees. At least one responsible party desiring to undertake a land disturbing construction activity subject to this Chapter shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of Section 15-2-10. The applicant shall pay an application fee described in Section 15-2-11 and which is consistent with the fee schedule maintained by the Village Administrator-Clerk-Treasurer. By submitting an application, the applicant is authorizing the Village Engineer or designee to enter the site to obtain information required for the review of the erosion and sediment control plan.
(c) Review and Approval of Permit Application(s); Failure to Act. The Village Engineer shall review any permit application that is submitted with an erosion and sediment control plan, and the required fee. The following approval procedure shall be used:
(1) Within twenty-one (21) business days of the receipt of a complete permit application, including all items as required by Subsection (b), the Village Engineer shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this Chapter.
(2) If the permit application and plan are approved, the Village Engineer shall issue the permit.
(3) If the permit application or plan is disapproved, the Village Engineer shall state in writing the reasons for disapproval.
(4) The Village Engineer may request additional information from the applicant. If additional information is submitted, the Village Engineer shall have five (5) weeks from the date the additional information is received to inform the applicant that the plan is either approved or disapproved.
(5) Failure by the Village Engineer to inform the permit applicant of a decision within three (3) weeks of a required submittal shall be deemed to mean approval of the submittal and the applicant may proceed as if a permit had been issued.
(d) Financial Guarantee. As a condition of approval and issuance of the permit, the Village Engineer may require the applicant to deposit a surety bond or irrevocable letter of credit in an amount equal to one hundred and twenty-five percent (125%) of the estimated cost of all required control measures to guarantee a good faith execution of the approved erosion control plan and any permit conditions. The security shall remain in full force for the entire period of the permit unless released earlier by the Village. If the approved plan is included as part of a plat or certified survey map conditions of approval, then the overall security for performance of the approved plan may be included as part of the overall security required for installation of improvements under the Village's Subdivision and Land Division Ordinance (Title 14).
(e) Permit Requirements. All permits shall require the responsible party to:
(1) Notify the Village Engineer within two (2) full business days before any land disturbing construction activity.
(2) File a notice of completion of all land disturbing activities and/or installation of BMPs within ten (10) days after their installation.
(3) Obtain permission in writing from the Village Engineer prior to any modification pursuant to Section 15-2-lO(c) of the erosion and sediment control plan.
(4) Install all BMP's as identified in the approved erosion and sediment control plan.
(5) Maintain all road drainage systems, stormwater drainage systems, BMP's and other facilities identified in the erosion and sediment control plan.
(6) Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land disturbing construction activities and document repairs in a site erosion control log.
(7) Inspect the BMP's within twenty-four (24) hours after each rain of 0.5 inches or more which results in runoff during active construction periods, and at least once each week, make needed repairs and document the findings of the inspections in a site erosion control log with the date of inspection, the name of the person conducting the inspection, and a description of the present phase of the construction at the site.
(8) Allow the Village Engineer or designee staff to enter the site for the purpose of inspecting compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with the control plan. The responsible party shall keep a copy of the erosion and sediment control plan at the construction site.
(f) Permit Conditions. Permits issued under this Section may include conditions established by the Village Engineer in addition to the requirements set forth in Subsection (e), where needed to assure compliance with the performance standards in Section 15-2-6.
(g) Permit Duration. Permits issued under this Section shall be valid for a period of one hundred eighty (180) days from the date of issuance. The permit duration may be extended by the Village Engineer one (1) or more times for up to an additional one hundred eighty (180) days. The Village Engineer may require additional BMP's as a condition of the extension if they are necessary to meet the requirements of this Chapter.
(h) Maintenance. The responsible party throughout the duration of the construction activities shall maintain all BMP's necessary to meet the requirements of this Chapter until the site has undergone final stabilization.