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(a) Plan Requirements. The stormwater management plan required under Section 15-3-8(b) shall contain at a minimum the following information:
(1) Applicant Information.
Name, address, and telephone number for the following or their designees:
a. Landowner;
b. Developer;
c. Project engineer for practice design and certification;
d. Person(s) responsible for installation of stormwater management practices; and
e. Person(s) responsible for maintenance of stormwater management practices prior to the transfer, if any, of maintenance responsibility to another party.
(2) Description of Property Legal.
A proper legal description of the property proposed to be developed, referenced to the U.S. Public Land Survey system or to block and lot numbers within a recorded land subdivision plat.
(3) Description of Pre-Development Site Conditions.
Pre-development site conditions, including:
a. One (1) or more site maps at a scale of not less than not less than one inch equals one hundred feet (1" = 100'). The site maps shall show the following: site location and legal property description; predominant soil types and hydrologic soil groups; existing cover type and condition; topographic contours of the site at a.scale not to exceed two (2) feet; topography and drainage network including enough of the contiguous properties to show runoff patterns onto, through, and from the site; watercourses that may affect or be affected by runoff from the site; flow path and direction for all stormwater conveyance sections; watershed boundaries used in hydrology determinations to show compliance with performance standards; lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site; limits of the one hundred (100) year floodplain; location of wells and wellhead protection areas covering the project area and delineated pursuant to NR 811.16, Wis. Adm. Code.
b. Hydrology and pollutant loading computations as needed to show compliance with performance standards. All major assumptions used in developing input parameters shall be clearly stated. The geopgraphic areas used in making the calculations shall be clearly cross-referenced to the required map(s).
(4) Description of Post-Development Site Conditions.
Post-development site conditions, including:
a. Explanation of the provisions to preserve and use natural topography and land cover features to minimize changes in peak flow runoff rates and volumes to surface waters and wetlands.
b. Explanation of any restrictions on stormwater management measures in the development area imposed by wellhead protection plans and ordinances.
c. One (1) or more site maps at a scale of not less than one (1) inch equals one hundred (100) feet showing the following: post-construction pervious areas including vegetative cover type and condition; impervious surfaces including all buildings, structures, and pavement; post-construction topographic contours of the site at a scale not to exceed two (2) feet; post-construction drainage network including enough of the contiguous properties to show runoff patterns onto, through, and from the site; locations and dimensions of drainage easements; locations of maintenance easements specified in the maintenance agreement; flow path and direction for all stormwater conveyance sections; location and type of all stormwater management conveyance and treatment practices, including the on- site and off-site tributary drainage area; location and type of conveyance system that will carry runoff from the drainage and treatment practices to the nearest adequate outlet such as a curbed street, storm drain, or natural drainage way; watershed boundaries used in hydrology and pollutant loading calculations and any changes to lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site.
d. Hydrology and pollutant loading computations as needed to show compliance with performance standards. The computations shall be made for each discharge point in the development, and the geographic areas used in making the .calculations shall be clearly cross-referenced to the required map(s).
e. Results of investigations of soils and groundwater required for the placement and design of stormwater management measures. Detailed drawings including cross- sections and profiles of all permanent stormwater conveyance and treatment practices.
(5) Description and Schedule of Installation of Practices.
A description and installation schedule for the stormwater management practices needed to meet the performance standards in Section 15-3-7.
(6) Maintenance Plan.
A maintenance plan developed for the life of each stormwater management practice including the required maintenance activities and maintenance activity schedule.
(7) Cost Estimates.
Cost estimates for the construction, operation, and maintenance of each stormwater management practice.
(8) Additional Information.
Other information requested in writing by the Village Engineer to determine compliance of the proposed stormwater management measures with the provisions of this Chapter.
(9) Preparation by Licensed Engineer.
All site investigations, plans, designs, computations, and drawings shall be certified by a Wisconsin licensed professional engineer to be prepared in accordance with accepted engineering practices and requirements of this Chapter.
(b) Alternate Requirements. The Village Engineer may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under Section 15-3-7(e).
(a) Maintenance Agreement Required. The maintenance agreement required under Section 15-3-S(b) for st01mwater management practices shall be an agreement between the Village of Edgar and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the County Register of Deeds as a property deed restriction that is binding upon all subsequent owners of the land served by the stormwater management practices.
(b) Agreement Provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by Section 15-3-9(a)(6):
(1) Identification of the stormwater facilities and designation of the drainage area served by the facilities.
(2) A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under Section 15-3-9(b).
(3) Identification of the responsible party, organization or unit of government responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan required under Section 15-3-9(b).
(4) Requirement that the responsible party(s), organization, or city, county, town or village shall maintain stormwater management practices in accordance with the schedule included in Subsection (b)(2).
(5) Authorization for the Village Engineer or contractors to access the property to conduct inspections of stormwater management practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement.
(6) A requirement that the Village Engineer maintain public records of the results of the site inspections, to inform the responsible party responsible for maintenance of the inspection results, and to specifically indicate any corrective actions required to bring the stormwater management practice into proper working condition.
(7) Agreement that the party designated under Subsection (b)(3), as responsible for long- term maintenance of the stormwater management practices, shall be notified by the Village of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable timeframe as set by the Village Engineer.
(8) Authorization for the Village Engineer to perform the corrected actions identified in the inspection report if the responsible party designated under Subsection (b)(3) does not make the required corrections in the specified time period. The Village of Edgar shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subchapter VII of Chapter 66, Wis. Stats.
(a) Establishment of the Guarantee. The Village Engineer may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the Village Engineer and/or Village Attorney. The financial guarantee shall be in an amount determined by the Village Engineer to be the estimated cost of construction and the estimated cost of maintenance of the stormwater management practices during the period which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the Village of Edgar the authorization to use the funds to complete the stormwater management practices if the responsible party defaults or does not properly implement the approved stormwater management plan, upon written notice to the responsible party by the administering authority that the requirements of this Chapter have not been met.
(b) Conditions for Release. Conditions for the release of the financial guarantee are as follows:
(1) The Village Engineer shall release the portion of the financial guarantee established under this Section, less any costs incurred by the Village of Edgar to complete installation of practices, upon submission of "as built plans" by a licensed professional engineer. The Village Engineer may make provisions for a partial pro-rata release of the financial guarantee based on the completion of various development stages.
(2) The Village Engineer shall release the portion of the financial guarantee established under this Section to assure maintenance of stormwater practices, less any costs incurred by the Village of Edgar, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement.
(a) Fees; Escrow Deposit.
(1) The applicant shall pay a deposit fee to cover the actual cost to the Village of Edgar for all engineering work and inspections incurred by the Village in connection with review of the stormwater management plan and inspections of the implementation of the plan. At the time the application is submitted, the applicant shall prepay a deposit fee. Following initial review of the plan, the Village Engineer shall estimate the total cost of the Engineer's review and inspections in connection with the review and implementation of the plan. If the amount is estimated to be more than the deposit, the Village Engineer shall require the applicant to deposit the remaining sum required by the Village Engineer's estimate in escrow with the Village Administrator. The Village Administrator shall pay bills submitted for engineering and inspection out of the funds escrowed under this Section. In the event the amount deposited with the Village Administrator falls below twenty-five percent (25%) of the amount required to be deposited, the Village Engineer shall require the permittee to replenish the escrow to the original amount required. Upon final acceptance of implementation of the stormwater management plan, erosion control and right-of-way repair, the amounts remaining in escrow shall be refunded to the applicant minus a ten percent (10%) administrative fee. The Village Engineer may, at his/her discretion, waive or reduce all or part of the deposit.
(2) Fees shall be paid prior to issuance of the permit if the engineering review fees have been billed by that time. If billed to the Village after issuance of the permit, the fee shall be paid within thirty (30) days of its receipt by the applicant. Failure to pay such a fee within thirty (30) days shall be grounds for revocation of the permit, issuance of a stop work order, and/or charging the cost as a special tax against the property pursuant to Sec. 66.0703, Wis. Stats., at the discretion of the Village Board.
(b) Fees Established. The fees referred to in other sections of this Chapter shall be established by the Village of Edgar and may from time to time be modified by ordinance or resolution. A schedule of the fees established by the Village shall be available for review in the Village Engineer's office.
(c) General. Where the Village Engineer finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve exceptions and waivers to these regulations so that substantial justice may be done and the public interest secured, provided the exception or waiver shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Village Engineer shall not approve exceptions and waivers unless they shall make findings based upon the evidence presented to them that all of the following conditions are met by the petitioner:
(1) The granting of the exception or waiver will not be detrimental to the public safety, health, or welfare or injurious to other property;
(2) The conditions upon which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property;
(3) Because of the location or conditions affecting the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out;
(4) The relief sought will not materially alter the provisions of any existing regional stormwater management plan except that this document may be amended in the manner as prescribed by law.
(5) The granting of the exception or waiver will not result in a violation of State or Federal laws or permits.
(d) Conditions. In approving exceptions or waivers, the Village Engineer may require such conditions as will in his/her judgment secure substantially the purposes described in this Chapter and accompanying written stormwater management and erosion control requiremen.ts.
(e) Procedures. A petition for an exception or waiver shall be submitted in writing by the responsible party at the time when the development is filed for the consideration of the Village Engineer. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(a) State Inspections. The Village Engineer, Building Inspector, or designees may access the site periodically to inspect stormwater management practices and facilities to evaluate compliance with the approved stormwater management plan.
(b) Enforcement. Any land disturbing construction activity or post-construction runoff initiated after the original effective date of this Chapter by any person, firm, association, or corporation subject to this Chapter's provisions shall be deemed a violation unless conducted in accordance with the requirements of this Chapter.
(c) Non-Compliance Notification. The Village Engineer shall notify the responsible party by U.S. mail or email of any non-complying land disturbing construction activity or post- construction runoff. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action which may be taken.
(d) Corrective Work Upon Notification. Upon receipt of written notification from the Village Engineer under Subsection (b), the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Village Engineer in the notice.
(e) Intervention by Village Engineer. If the violations to a permit issued pursuant to the Chapter are likely to result in damage to properties, public facilities, or waters of the state, the Village Engineer may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the Village Engineer plus interest and legal costs shall be billed to the responsible party.
(f) Stop Work Orders. The Village Engineer is authorized to post a stop work order on all land disturbing construction activity that is in violation of this Chapter, or to request the Village Attorney to obtain a cease and desist order in any court with jurisdiction.
(g) Permit Revocation. The Village Engineer may revoke a permit issued under this Chapter for non-compliance with ordinance provisions.
(h) Validity of Revocation Actions. Any permit revocation, stop work order, or cease and desist order shall remain in effect unless retracted by the Village Engineer or by a court with jurisdiction.
(i) Legal Proceedings. The Village Engineer is authorized to refer any violation of this Chapter, or of a stop work order or cease and desist order issued pursuant to this Chapter, to the Village Attorney for the commencement of further legal proceedings in any court with jurisdiction.
(j) Penalties. Any person, firm, association, or corporation who does not comply with the provisions of this Chapter shall be subject to a forfeiture of not less than One Hundred Dollars ($100.00) or more than Five Hundred Dollars ($500.00) per offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.
(k) Injunctive Relief. Compliance with the provisions of this Chapter may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings.
(I) Violations Inspections. When the Village Engineer determines that the holder of a permit issued pursuant to this Chapter has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the Village Engineer or a party designated by the Village Engineer may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The Village Engineer shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to Section 15-3-11. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.
(a) Appeals to the Board of Appeals. The Board of Appeals, created pursuant to the Village of Edgar Code of Ordinances, shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Village Engineer in administering this Chapter. The Board of Appeals shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the Board of Appeals may authorize variances from the provisions of this Chapter that are not contrary to the public interest, and where owing to special conditions a literal enforcement of the Chapter will result in unnecessary hardship.
(b) Who May Appeal. Appeals to the Board of Appeals may be taken by any aggrieved person or by an officer, department, board, or bureau of the Village of Edgar affected by any decision of the Village Engineer.
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