(A) The storm water control structure shall be inspected by the town, after the owning entity notifies the Watershed Administrator that all work has been completed. At this inspection, the owning entity shall provide:
(1) The signed deed, related easements and survey plat for the storm water control structure ready for filing with the Register of Deeds; and
(2) A certification sealed by an engineer or landscape architect (to the extent that the state statutes allow) stating that the storm water control structure is complete and consistent with the approved plans and specifications.
(B) The Watershed Administrator shall present the materials submitted by the developer and the inspection report and recommendations to the Town Council at its next regularly scheduled meeting.
(1) If the Town Council approves the inspection report and accepts the certification, deed and easements, the town shall file the deed and easements with the County Register of Deeds, release up to 75% of the value of the performance bond or other security and issue and certificate of occupancy for the storm water control structure.
(2) If deficiencies are found, the town shall direct that improvements and inspections be made and documents corrected and submitted to the town.
(C) No sooner than one year after the filing date of the deed, easements and maintenance agreement, the developer may petition the town to release the remaining value of the performance bond or other security. Upon receipt of said petition, the town shall inspect the storm water control structure to determine whether the controls are performing as designed and intended. The Watershed Administrator shall present the petition and findings to the Town Council.
(1) If the Town Council approves the report and accepts the petition, the developer shall deposit with the town a cash amount equal to that described in § 152.123(B)(2), after which the Town Council shall release the performance bond or other security.
(2) If the Town Council does not accept the report and rejects the petition, the town shall provide the developer with instructions to correct any deficiencies and all steps necessary for the release of the performance bond or other security.
(D) A certificate of occupancy shall not be issued for any building within the permitted development until the Town Council has approved the storm water control structure, as provided in division (B) above.
(E) All storm water control structures shall be inspected at least on an annual basis to determine whether the controls are performing as designed and intended. Records of inspection shall be maintained on forms approved or supplied by the State Division of Environmental Management. Annual inspections shall begin within one year of filing date of the deed for the storm water control structure.
(F) In the event the Watershed Administrator discovers the need for corrective action or improvements, the Watershed Administrator shall notify the owning entity of the needed improvements and the date by which the corrective action is to be completed.
(1) All improvements shall be made consistent with the plans and specifications of the storm water control structure and the operation and maintenance plan or manual.
(2) After notification by the owning entity, the town shall inspect and approve the completed improvements.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)