S. 11 FINANCIAL GUARANTEE.
(1) ESTABLISHMENT OF THE GUARANTEE. The [administering authority] may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the [administering authority]. The financial guarantee shall be in an amount determined by the [administering authority] to be the estimated cost of construction and the estimated cost of maintenance of the storm water management practices during the period that the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the [administering authority] the authorization to use the funds to complete the storm water management practices if the responsible party defaults or does not properly implement the approved storm water management plan, upon written notice to the responsible party by the [administering authority] that the requirements of this ordinance have not been met.
(2) CONDITIONS FOR RELEASE. Conditions for the release of the financial guarantee are all of the following:
(a) The [administering authority] shall release the portion of the financial guarantee established under this section, less any costs incurred by the [administering authority] to complete installation of practices, upon submission of "as built plans" or “record” drawings by a licensed professional engineer. The [administering authority] may make provisions for a partial pro-rata release of the financial guarantee based on the completion of various development stages.
(b) The [administering authority] shall release the portion of the financial guarantee established under this section to assure maintenance of storm water practices, less any costs incurred by the [administering authority], at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement.
S. 12 FEE SCHEDULE.
The fees referred to in other sections of this ordinance shall be established by the [administering authority] and may from time to time be modified by resolution. A schedule of the fees established by the [administering authority] shall be available for review in [location].
S. 13 ENFORCEMENT.
(1) Any land disturbing construction activity or post-construction runoff initiated after the effective date of this ordinance by any person, firm, association, or corporation subject to the ordinance provisions shall be deemed a violation unless conducted in accordance with the requirements of this ordinance.
(2) The [administering authority] shall notify the responsible party by certified mail 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 that may be taken.
(3) Upon receipt of written notification from the [administering authority] under sub. (2), the responsible party shall correct work that does not comply with the storm water management plan or other provisions of the permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the [administering authority] in the notice.
(4) If the violations to a permit issued pursuant to this ordinance are likely to result in damage to properties, public facilities, or waters of the state, the [administering authority] may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the [administering authority] plus interest and legal costs shall be billed to the responsible party.
(5) The [administering authority] is authorized to post a stop work order on all land disturbing construction activity that is in violation of this ordinance, or to request the [municipal attorney, corporation counsel] to obtain a cease and desist order in any court with jurisdiction.
(6) The [administering authority] may revoke a permit issued under this ordinance for non-compliance with ordinance provisions.
(7) Any permit revocation, stop work order, or cease and desist order shall remain in effect unless retracted by the [administering authority] or by a court with jurisdiction.
(8) The [administering authority] is authorized to refer any violation of this ordinance, or a stop work order or cease and desist order issued pursuant to this ordinance, to the [
municipal attorney, corporation counsel] for the commencement of further legal proceedings in any court with jurisdiction.
(9) Any person, firm, association, or corporation who does not comply with the provisions of this ordinance shall be subject to a forfeiture of not less than [number] dollars or more than [number] dollars per offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.
(10) Compliance with the provisions of this ordinance 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.
Note to Users: Injunctional orders are authorized pursuant to s. 59.69 (11), 61.35, or 62.23 (8), Wis. Stats., for counties, villages, towns with village powers, and cities respectively.
(11) When the [administering authority] determines that the holder of a permit issued pursuant to this ordinance has failed to follow practices set forth in the storm water management plan, or has failed to comply with schedules set forth in said storm water management plan, the [administering authority] or a party designated by the [administering authority] 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 storm water management plan. The [administering authority] 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 S. 11 of this ordinance. When such a security has not been established, or when 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.
S. 14 APPEALS.
(1) BOARD OF [APPEALS or ADJUSTMENT]. The board of [appeals or adjustment], created pursuant to section [number] of the [name of municipality] ordinances pursuant to s. [59.694, 60.65,
61.354 (4) (b), or 62.23 (7) (e)], Wis. Stats., shall hear and decide appeals when it is alleged that there is error in any order, decision or determination made by the [administering authority] in administering this ordinance. The board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the board may authorize variances from the provisions of this ordinance that are not contrary to the public interest, and when owing to special conditions a literal enforcement of the ordinance will result in unnecessary hardship.
(2) WHO MAY APPEAL. Appeals to the board of [appeals or adjustments] may be taken by any aggrieved person or by an officer, department, board, or bureau of the [name of municipality] affected by any decision of the [administering authority].
S. 15 SEVERABILITY.
If any section, clause, provision or portion of this ordinance is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance shall remain in force and not be affected by such judgment.
S. 16 EFFECTIVE DATE.
This ordinance shall be in force and effect from and after its adoption and publication. The above and foregoing ordinance was duly adopted by the [governing body] of the [name of municipality] on the [number] day of [month], [year].
Approved: ______________
Attested: ________________
Published on [day, month, year].
