A.
This article is adopted by the Village Board under the authority
granted by § 61.354, Wis. Stats. This article supersedes
any conflicting and contradictory stormwater management regulations
previously enacted under § 61.35, Wis. Stats. Except as
specifically provided for in § 61.354, Wis. Stats., § 61.35,
Wis. Stats., applies to this article and to any amendments to this
article.
B.
The provisions of this article shall not limit any other lawful regulatory
powers of the Village Board.
C.
The Village Board hereby designates the Building Inspector to administer
and enforce the provisions of this article.
D.
The requirements of this article do not limit any additional stormwater
management requirements that may be imposed by WPDES Stormwater Permits
issued by the Wisconsin Department of Natural Resources under § 283.33,
Wis. Stats.
A.
Findings of fact. The Village Board finds that uncontrolled stormwater
runoff from land development activity has a significant impact upon
water resources and the health, safety, general welfare of the community
and diminishes the public enjoyment and use of natural resources.
Specifically, uncontrolled stormwater runoff can:
(1)
Degrade physical stream habitat by increasing bank erosion, increasing
stream bed scour, diminishing groundwater recharge, and diminishing
stream base flows;
(2)
Diminish the capacity of lakes and streams to support fish, aquatic
life, recreational, and water supply uses by increasing loadings of
nutrients and other urban pollutants;
(3)
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads;
(4)
Reduce the quality of groundwater by increasing pollutant loading;
(5)
Threaten public health, safety, property, and general welfare by
overtaxing storm sewers, drainageways, and other minor drainage facilities;
(6)
Threaten public health, safety, property, and general welfare by
increasing major flood peaks and volumes;
(7)
Undermine floodplain management efforts by increasing the incidence
and levels of flooding.
B.
Purpose. The general purpose of this article is to set forth stormwater
requirements and criteria which will diminish the threats to public
health, safety, welfare, and the aquatic environment due to runoff
of stormwater from land development activity. Specific purposes are
to:
(1)
Further the maintenance of safe and healthful conditions;
(2)
Prevent and control the adverse effects of stormwater, prevent and
control soil erosion, prevent and control water pollution, protect
spawning grounds, fish and aquatic life;
(3)
Control exceedance of the safe capacity of existing drainage facilities
and receiving water bodies; prevent undue channel erosion; control
increases in the scouring and transportation of particulate matter;
prevent conditions that endanger downstream property;
(4)
Control building sites, placement of structures, and land uses, and
promote sound economic growth.
C.
Intent. It is intent of the Village Board that this article manage the long-term postconstruction stormwater discharges from land development activities. The Village Board recognizes that the preferred method of addressing stormwater management problems is through the preparation of comprehensive stormwater management system plans for subwatershed areas which are designed to meet the purpose and intent of this article. Where such system plans have been developed and approved by the Village Board, it is the intent that all land development activities, as defined in § 286-14, will include stormwater management measures that meet performance standards set forth in those approved plans. Where such stormwater management system plans have not been developed or approved by the Village Board, it is the intent of the Village Board that the generic stormwater management standards set forth in § 286-17A and B be applied unless otherwise excepted by the Village Board. This article shall not apply to lands on which the only structures are buildings existing on the effective date of this article which are not redeveloped in a manner that increases discharge volume after the effective date of this article.
This article applies to land disturbing and land developing
activities on land within the boundaries and jurisdiction of the Village
and the public and private lands subject to extraterritorial review
under Ch. 236, Wis. Stats.
The following definitions are applicable in this article:
Use of land for planting, growing, cultivating and harvesting
of crops for human or livestock consumption; pasturing or yarding
of livestock; growing and tending of gardens and trees; harvesting
of trees.
A day on which the Village offices are routinely and customarily
open for business.
An order issued by the Building Inspector or by a court to
halt land developing activity that is being conducted without the
required permit.
Use of land for the retail or wholesale sale of goods or
services.
All lands within the boundary of a certified survey or plat
created for the purpose of development or sale of property where multiple,
separate and distinct land developing activity may take place at different
times and on different schedules.
Plan containing the necessary calculations and design implementation
procedures to assure the requirements of this article will be met.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total rainfall depth.
The quantity of runoff discharged from the land surface as
the result of a rainfall event.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantee submitted to the Village by
the permit holder to assure that requirements of this article are
carried out in compliance with the stormwater management plan.
The total area, in acres, of all land located within the
property boundary containing the land development activity.
A numerical value expressing the concentration of a substance
in groundwater which is adopted under § 160.07, Wis. Stats.,
and § NR 140.10, Wis. Adm. Code, or § 160.09,
Wis. Stats., and § NR 140.12, Wis. Adm. Code.
A numerical value expressing the concentration of a substance
in groundwater which is adopted under § 160.15, Wis. Stats.,
and § NR 140.10, 140.12 or 140.20, Wis. Adm. Code.
A surface that releases the rainfall as surface runoff during
a large portion of the design rainfall event. Rooftops, sidewalks,
parking lots, and street surfaces are examples of impervious surfaces.
The process by which rainfall or surface runoff percolates
or penetrates into the underlying soil.
The construction or redevelopment of buildings, roads, parking
lots, paved and unpaved areas and similar facilities, but not including
agricultural activity.
Any man-made change of the land surface including removing
vegetation cover, excavating, filling and grading but not including
agricultural land uses such as planting, growing, cultivating and
harvesting of crops; growing and tending of gardens; harvesting of
trees; and landscaping modifications.
Any person holding title to or having any interest in land.
Any person operating, leasing, renting, or having made other
arrangements with the landowner by which the landowner authorizes
uses of his land.
A legal document that is filed with the County Register of
Deeds as a property deed restriction, and which provides for long-term
maintenance of stormwater management practices.
A discharge to the storm sewer system created by some process
other than stormwater runoff.
A practice, technique, or measure to reduce the volume, peak
flow rate, or pollutants in stormwater that does not require the design
or installation of fixed stormwater management facilities.
Located outside the property boundary described in the permit
application for land development activity.
Located within the property boundary described in the permit
application for the land development activity.
Development of the following land uses: commercial; industrial;
government and institutional; recreation; transportation, communication
and utilities.
The maximum rate of flow of surface water at which a unit
volume of stormwater is discharged resulting from a storm event.
A surface that infiltrates rainfall during a large portion
of the design rainfall event. Well-managed lawns, fields and woodlands
are examples of pervious surfaces.
Any stormwater discharged from a site following the completion
of land disturbing construction activity and final site stabilization.
The extent and distribution and land cover types, anticipated
to occur under conditions of full development, that will influence
stormwater runoff and infiltration.
The extent and distribution of land cover types present before
the initiation of land development activity, assuming that all land
uses prior to development activity are managed in an environmentally
sound manner.
The treatment of stormwater prior to its discharge to the
primary stormwater treatment practice in order to reduce pollutant
loads to a level compatible with the capability of the primary practice.
The rainfall, snowmelt, or irrigation water flowing over
the ground surface.
Any physical characteristic which limits the use of a stormwater
best management practice as prescribed in the Wisconsin Stormwater
Manual.
The average period of time during which a storm of a given
duration and intensity can be expected to be equaled or exceeded.
(The ten-year storm is a storm with a frequency of 10 years and would
be equaled or exceeded, on the average, once every 10 years. A ten-year
storm would have a 10% probability of being equaled or exceeded in
any given year.)
All facilities used for the conducting of runoff to, through
or from a drainage area to the point of final outlet including, but
not limited to, the following: conduits, canals, channels, ditches,
streams, culverts, reservoirs, detention ponds, storm sewers and pumping
stations.
A document that identifies what actions will be taken to
reduce stormwater quantity and pollutant loads from land development
activity to levels meeting the purpose and intent of this article.
A comprehensive plan developed to address stormwater drainage
and nonpoint source pollution control problems on a watershed or sub-watershed
basis, and which meets the purpose and intent of this article.
That portion of the precipitation falling during a rainfall
event, or that portion of snowmelt, that runs off the surface of the
land and into the natural or artificial conveyance or drainage network.
Source area practices, conveyance measures, and end-of-pipe
treatment that are designed to control stormwater runoff pollutant
loads, discharge volumes, and peak flow discharge rates.
The type, quality and significance of the ecological and
cultural benefits provided by wetland resources, such as: flood storage,
water quality protection, groundwater recharge and discharge, shoreline
protection, fish and wildlife habitat, floral diversity, aesthetics,
recreation and education.
An area where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions. These wetlands include
natural, mitigated and restored wetlands.
A permit issued by the Wisconsin Department of Natural Resources
under § 283.33, Wis. Stats., that authorizes the point source
discharge of stormwater to waters of the state.
A.
Applicability. This article applies to land development activities
which meet the applicability criteria specified in this section. The
article also applies to land development activities that are smaller
than the minimum applicability criteria if such activities are part
of a larger common plan of development or sale that meets any of the
following applicability criteria, even though multiple, separate and
distinct land development activities may take place at different times
on different schedules:
(1)
Residential land development with a gross aggregate area of five
acres or more.
(2)
Residential land development with a gross aggregate area of at least
three acres, but less than five acres, if there are at least 1.5 acres
of impervious surfaces.
(3)
Land development, other than a residential land development, with
a gross aggregate area of 1.5 acres or more, or any nonresidential
land development which creates an impervious area of 0.5 acre or more.
(4)
Land development activity of any size that, in the opinion of the
Village Engineer, is likely to result in stormwater runoff which exceeds
the safe capacity of the existing drainage facilities or receiving
body of water, which causes undue channel erosion, which increases
water pollution by scouring or the transportation of particulate matter
or which endangers property or public safety.
B.
Jurisdiction. This article applies to land development activities
within the boundaries of the Village. This article also applies to
all lands located within the extraterritorial plat approval jurisdiction
of the Village, even if plat approval or land division is not involved.
Unless prior authorization is given by the Building Inspector,
the following methods shall be used in meeting the requirements of
this article:
A.
Water quality components. The following methods shall be used in
designing components of stormwater structures needed to meet the water
quality standards of this article:
(1)
Practices shall be designed in accordance with the methods set forth
in the latest edition of the Wisconsin Stormwater Manual, Part 2:
Technical Design Guidelines for Stormwater BMPs as published and amended
by the State of Wisconsin Department of Natural Resources.
(2)
Runoff volumes and peak flow rates used in designing the water quality
components of stormwater structures shall be calculated using the
"Small Storm Hydrology" method set forth in the latest edition of
the Wisconsin Stormwater Manual, Part 2: Technical Design Guidelines
for Stormwater BMPs as published and amended by the State of Wisconsin
Department of Natural Resources.
B.
Water quantity components. The following methods shall be used in
designing components of stormwater structures needed to meet the water
quantity standards of this article.
(1)
Peak flow reducing components and all other stormwater management
structures shall be designed in accordance with standard engineering
practice.
(2)
Runoff volumes and peak flow rates used in designing the water quantity
components of stormwater structures shall be based on the principles
of the document titled "Urban Hydrology for Small Watersheds" (Technical
Release 55: Engineering Division, Natural Resources Conservation Service,
United States Department of Agriculture, June 1992).
A.
Stormwater discharge quantity. Unless otherwise provided for in this
article, all land development activities subject to this article shall
establish on-site management practices to control the peak flow rates
of stormwater discharged from the site. Infiltration of stormwater
runoff from driveways, sidewalks, rooftops, and landscaped areas shall
be incorporated to the maximum extent practical to provide volume
control in addition to control of peak flows. On-site management practices
shall be used to meet the following minimum performance standards:
(1)
The peak flow discharge rates of stormwater runoff from the development shall not exceed those calculated for the series of design storms specified in Subsection A(2) and predevelopment conditions specified in Subsection A(3). Discharge velocities must be nonerosive to discharge locations, outfall channels and receiving streams.
(2)
At a minimum, the two year/twenty-four-hour, the ten-year/twenty-four-hour
and twenty-five-year/twenty-four-hour design storms shall be used
in comparing peak flow discharge rates for predevelopment and postdevelopment
conditions.
(3)
Predevelopment conditions for land developing activities shall assume
a "good" level of land management. The Natural Resource Conservation
Service TR-55 Method shall be used to calculate peak flow discharge
rates and runoff volumes for the predevelopment condition, for the
Village of Baldwin area. NRCS curve numbers shall not exceed the following:
|
NRCS Curve Number for Meadow
|
58
| |
|
NRCS Curve Number for Woodland
|
55
| |
|
NRCS Curve Number for Pasture/Grain
|
61
| |
|
NRCS Curve Number for Paved Roadways with Open Ditches*
|
89
| |
|
NRCS Curve Number for Commercial/Business Districts*
|
92
| |
|
NRCS Curve Number for Industrial Districts*
|
88
| |
|
NRCS Curve Number for Residential Districts
|
75
|
|
NOTES:
| ||
|
*
|
For use with redevelopment projects only.
| |
(4)
Increases or decreases in the hydrology of wetlands shall be minimized
to the extent practical. Where such changes are proposed, the impact
of the proposal on wetland functional values shall be assessed using
a methodology acceptable to the Village Engineer and in conformity
with Ch. NR 103, Wis. Adm. Code. Significant degradation of wetland
functional values shall be avoided.
B.
Stormwater discharge quality. Unless otherwise provided for in this
article, all land development activities subject to this article shall
establish on-site management practices to control the quality of stormwater
discharged from the site. On-site management practices shall be used
to meet the following minimum standard:
(1)
Stormwater discharges shall be treated to remove, on an average annual
basis, a minimum of 80% of the total suspended solids load. To achieve
this level of control, stormwater practices shall be designed to accommodate,
at a minimum, the runoff volume resulting from 1.5 inches of rainfall.
(2)
Discharge of urban stormwater pollutants to wetlands shall be minimized.
Where such discharges are proposed, the impact of the proposed discharge
on wetland functional values shall be assessed using a method acceptable
to the Village Engineer and in conformity with Ch. NR 103, Wis. Adm.
Code. At a minimum, stormwater discharges shall be pretreated prior
to discharge to wetlands. Significant degradation of wetland functional
values due to stormwater pollutant loads shall be avoided.
(3)
Stormwater discharges shall be pretreated prior to infiltration where
necessary to prolong maintenance of the infiltration practice and
to prevent discharge of stormwater pollutants at concentrations that
will result in exceedance of groundwater preventive action limits
or enforcement standards established by the Department of Natural
Resources in Ch. NR 140, Wis. Adm. Code. Stormwater shall not be injected
underground through excavations or openings that would violate § NR
812.05, Wis. Adm. Code.
(4)
Stormwater ponds and infiltration devices shall not be located closer
to water supply wells than indicated below without first notifying
the Building Inspector:
(a)
One hundred feet from a well serving a private water system
or a transient, non-community public water system;
(b)
One thousand two hundred feet from a well serving a municipal
public water system, an other-than municipal water system, or a nontransient
non-community public water system;
(c)
The boundary of a recharge area to a wellhead identified in
a wellhead area protection plan.
C.
Exceptions. The Building Inspector may establish stormwater management requirements either more stringent or less stringent than those set forth in Subsections A and B, provided that at least one of the following conditions applies:
(1)
The Village Engineer determines that an added level of protection
is needed to protect sensitive resources.
(2)
The Village Engineer determines that the land development activity
is covered by an approved stormwater management system plan that contains
management requirements consistent with the purpose and intent of
this article.
(3)
Provisions are made to manage stormwater by an off-site facility,
provided that all of the following conditions for the off-site facility
are met:
(a)
The facility is in place.
(b)
The facility is designed and adequately sized to provide a level
of stormwater control equal to or greater than that which would be
afforded by on-site practices meeting the requirements of this article.
(c)
The facility has a legally obligated entity responsible for
its long-term operation and maintenance.
(4)
The Village Engineer finds that meeting the minimum on-site management
requirements of this article is infeasible due to space or site restrictions.
D.
Fee in lieu of on-site stormwater management practice.
(1)
Where the site meets the size criteria of § 286-15A(5), or the Building Inspector otherwise determines that it would be inappropriate to require a site to meet the minimum stormwater management requirements on site pursuant to Subsection C, the applicant shall pay a fee to the Village, to be used by the Village exclusively for the cost of land, engineering design, construction and maintenance of stormwater management practices.
(2)
The fee shall be based upon the differing costs and requirements
for managing stormwater arising from residential, commercial or industrial
development. Based upon a study by the Village Engineer, the following
fees in lieu of on site stormwater management practices are hereby
established:
|
Land Use
|
Construction Cost Per Acre
|
Land Cost Per Acre
|
Total Cost Per Acre
| |
|---|---|---|---|---|
|
Residential
|
$890
|
$400
|
$1,290
| |
|
Commercial and industrial
|
$1,640
|
$1,010
|
$2,650
|
(3)
The fee shall be adjusted annually as of January 1 of each year by
the Building Inspector, utilizing the Consumer Price Index —
All Urban Consumers for Small Metro Areas prepared by the United States
Department of Labor.
(4)
All such fees collected shall be placed in a designated fund to be
used exclusively for the regional stormwater management practices
to be constructed.
E.
General consideration for on-site and off-site stormwater management
measures. The following considerations shall be observed in managing
stormwater runoff:
(1)
Natural topography and land cover features such as natural swales,
natural depressions, native soil-infiltrating capacity, and natural
groundwater recharge areas shall be preserved and used, to the extent
possible, to meet the requirements of this section.
(2)
Emergency overland flow for all stormwater facilities shall be provided
to prevent exceeding the safe capacity of downstream drainage facilities
and prevent endangerment of downstream property or public safety.
A.
Permit required. No landowner or operator may undertake a land development
activity subject to this article without receiving a permit from the
Building Inspector prior to commencing the proposed activity.
B.
Permit application and fee.
(1)
Unless specifically excluded by this article; any landowner or operator
desiring a permit shall submit to the Building Inspector a permit
application made on a form provided by the Building Inspector for
that purpose.
(2)
Unless otherwise excepted by this article, a permit application must
be accompanied by the following in order that the permit application
be considered by the Building Inspector: a stormwater management plan,
a maintenance agreement, and a nonrefundable permit administration
fee.
C.
Review and approval of permit application. The Building Inspector
shall review any permit application that is submitted with a stormwater
management plan, maintenance agreement and the required fee. The following
approval procedure shall be used:
(1)
Within five business days, the Building Inspector shall determine whether the applicant has submitted a complete permit application, including all items required by Subsection B(2). If the materials are incomplete, the Building Inspector shall inform the applicant regarding what additional materials are required.
(2)
Within 20 business days of the receipt of a complete permit application, including all items as required by Subsection B(2), the Building Inspector shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved. The Building Inspector shall base the decision on requirements set forth in §§ 286-17, 286-19 and 286-20.
(3)
If the stormwater permit application, plan and maintenance agreement
are approved, or if payment of fees in lieu of stormwater management
practices is made when allowed, the Building Inspector shall issue
the permit.
(4)
If the stormwater permit application, plan or maintenance agreement
are disapproved, the Building Inspector shall detail in writing the
reasons for disapproval.
D.
Permit conditions. All permits issued under this article shall be subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions and regulations. The Building Inspector may suspend or revoke a permit for violation of a permit condition, following written notification of the permittee. An action by the Building Inspector to suspend or revoke this permit may be appealed in accordance with § 286-23.
(1)
Compliance with this permit does not relieve the permit holder of
the responsibility to comply with other applicable federal, state
and local laws and regulations.
(2)
The permit holder shall design and install all structural and nonstructural
stormwater management measures in accordance with the approved stormwater
management plan and this permit.
(3)
The permit holder shall notify the Building Inspector at least two
business days before commencing any work in conjunction with the stormwater
management plan, and within 10 days upon completion of the stormwater
management practices. If required as a special condition, the permit
holder shall make additional notification according to a schedule
set forth by the Building Inspector so that practice installations
can be inspected during construction.
(4)
Stormwater management practice installations required as part of
this article shall be certified "as built" by a licensed professional
engineer. Completed stormwater management practices must pass a final
inspection to determine if they are in accordance with the approved
stormwater management plan and this article. The administering authority
shall notify the permit holder in writing of any changes required
in such practices to bring them into compliance with the conditions
of this permit.
(5)
The permit holder shall notify the Building Inspector of any significant
modifications it intends to make to an approved stormwater management
plan. The Building Inspector may require that the proposed modifications
be submitted for approval prior to incorporation into the stormwater
management plan and execution.
(6)
The permit holder shall maintain all stormwater management practices
in accordance with the stormwater management plan until the practices
either become the responsibility of the Village, or are transferred
to subsequent private owners as specified in the approved maintenance
agreement.
(7)
The permit holder authorizes the Village to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan, and consents to a special charge against the property as authorized under § 66.0627, Wis. Stats., or to charging such costs against the financial guarantee posted under § 286-21.
(8)
If so directed by the Building Inspector, the permit holder shall
repair at the permit holder's own expense all damage to adjoining
municipal facilities and drainage ways caused by stormwater runoff,
where such damage is caused by activities that are not in compliance
with the approved stormwater management plan.
(9)
The permit holder shall permit property access to the Building Inspector
or designee for the purpose of inspecting the property for compliance
or for performing work to bring the property into compliance with
the approved stormwater management plan and this permit.
(10)
Where a stormwater management plan involves changes in direction,
increases in peak rate and/or total volume of runoff from a site,
the Building Inspector may require the permittee to make appropriate
legal arrangements with adjacent property owners concerning the prevention
of endangerment to property or public safety.
E.
Permit duration. Permits issued under this section shall be valid
from the date if issuance through the date the Building Inspector
notifies the permit holder that all stormwater management practices
have passed the required final inspection. If work is not commenced
within 180 days, the permit shall expire. The Building Inspector may
attach additional conditions before reissuing a permit.
A.
Plan requirements. The stormwater management plan required under § 286-18B shall contain any information the Village may need to evaluate the environmental characteristics of the area affected by land development activity, the potential impacts of the proposed development upon the quality and quantity of stormwater discharges, the potential impacts upon water resources and drainage utilities, and the effectiveness and acceptability of proposed stormwater management measures in meeting the performance standards set forth in this article. Unless specified otherwise by this article, stormwater management plans shall contain, at a minimum, the following information:
(1)
Name, address, and telephone number for the following or their designees:
landowner; developer; project engineer for practice design and certification;
person(s) responsible for installation of stormwater management practices;
person(s) responsible for maintenance of stormwater management practices
prior to the transfer, if any, of maintenance responsibility to another
party.
(2)
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. Include a USGS 7 1/2
minute topographical map showing the property boundaries of the proposed
development.
(3)
Predevelopment site conditions, including:
(a)
One or more site maps at a scale of not less than one inch equals
100 feet. 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 the scale not to exceed two 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, including time of travel and time
of concentration applicable to each; watershed boundaries used in
determinations of peak flow discharge rates and discharge volumes
from the site; lakes, streams, wetlands, channels, ditches, and other
watercourses on and immediately adjacent to the site; limits of the
one-hundred-year floodplain; location of wells located within 1,200
feet of stormwater detention ponds, infiltration basins, or infiltration
trenches; delineation of wellhead protection areas delineated pursuant
to § NR 811.16, Wis. Adm. Code.
(b)
Computations of peak flow discharge rates and discharge volumes
for the two-year/twenty-four-hour, ten-year/twenty-four-hour, and
twenty-five-year/twenty-four-hour design storm events. All major assumptions
used in developing input parameters shall be clearly stated. 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).
(4)
Postdevelopment 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 Village
ordinances.
(c)
One or more site maps at a scale of not less than one inch equals
100 feet showing: revised pervious land use including vegetative cover
type and condition; impervious land use including all buildings, structures,
and pavement; revised topographic contours of the site at a scale
not to exceed two feet; revised 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, including
time of travel and time of concentration applicable to each; 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 determinations of peak flow discharge rates and discharge
volumes; any changes to lakes, streams, wetlands, channels, ditches,
and other watercourses on and immediately adjacent to the site.
(d)
Computation of the runoff volume resulting from the one and
one-half-inch rainfall, and computations of peak flow discharge rates
and discharge volumes for the two-year/twenty-four-hour, ten-year/twenty-four-hour
and twenty-five-year/twenty-four-hour storm events. All major assumptions
used in developing input parameters shall be clearly stated. 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.
(f)
Results of impact assessments on wetland functional values.
(g)
Design computations and all applicable assumptions for the stormwater
conveyance (open channel, closed pipe) system.
(h)
Design computations and all applicable assumptions for stormwater
quality practices (sedimentation type, filtration-type, infiltration-type)
as needed to show that practices are appropriately sized to accommodate
runoff from the one-and-one-half-inch rainfall. For practice designs
that depart from those specified in the "Wisconsin Stormwater Manual,
Part 2," the results of continuous simulation modeling, conducted
according to the guidelines established in this manual, shall be presented
in such a way as to show the reduction in average annual total suspended
solids loading from the developed site.
(i)
Detailed drawings including cross-sections and profiles of all
permanent stormwater conveyance and treatment practices.
(5)
A stormwater practice installation schedule.
(6)
A maintenance plan developed for the life of each stormwater management
practice including the required maintenance activities and maintenance
activity schedule.
(7)
Cost estimates for the construction, operation, and maintenance of
each stormwater management practice.
(8)
Other information as needed by the Building Inspector to determine
compliance of the proposed stormwater management measures with the
provisions of this article.
(9)
All site investigations, plans, designs, computations, and drawings
shall be certified by a competent engineer, to be prepared in accordance
with accepted engineering practice and in accordance with The Wisconsin
Stormwater Manual, Part Two: Technical Design Guidelines for Stormwater
BMPs (latest edition).
A.
Maintenance agreement required. The maintenance agreement required for stormwater management practices under § 286-18B shall be an agreement between the Village and the permittee to provide for maintenance of stormwater practices beyond the duration period of this permit. The agreement shall be recorded with the County Register of Deeds so that it is binding upon all subsequent owners of land served by the stormwater management practices.
B.
Agreement provisions. The maintenance agreement shall contain the
following information and provisions:
(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.
(3)
Identification of the landowner(s), organization or municipality
responsible for long-term maintenance of the stormwater management
practices.
(4)
The landowner(s), organization, or municipality shall maintain stormwater
management practices in accordance with the schedule included in the
agreement.
(5)
The Village is authorized to access the property to conduct inspections
of stormwater practices as necessary to ascertain that the practices
are being maintained and operated in accordance with the agreement.
(6)
The Village shall maintain public records of the results of the site
inspections, shall inform the party responsible for maintenance of
the inspection results, and shall specifically indicate any corrective
actions required to bring the stormwater management practice into
proper working condition.
(7)
That if the Village notifies the party responsible for maintenance
of the stormwater management system of maintenance problems which
require correction, the specified corrective actions shall be taken
within a reasonable time frame as set by the Building Inspector.
(8)
The Village is authorized to perform the corrected actions identified
in the inspection report if the party responsible for maintenance
does not make the required corrections in the specified time period.
The Village Clerk-Treasurer shall enter the amount due on the tax
rolls and collect the money as a special charge against the property
pursuant to § 66.0627, Wis. Stats.
A.
Establishment of the guarantee. The Village may require the submittal
of a financial guarantee, the form and type of which shall be acceptable
to the Village Attorney. The financial guarantee shall be in an amount
determined by the Building Inspector, to be the estimated cost of
construction and the estimated cost of maintenance during the period
which the designated party in the maintenance agreement has maintenance
responsibility. The financial guarantee shall give the Village the
authorization to use the funds to complete the project if the landowner
defaults or does not properly implement the approved stormwater management
plan.
B.
Conditions for release. Conditions for the release of the financial
guarantee are as follows:
(1)
The Building Inspector shall release the portion of the financial
guarantee established to assure installation of stormwater practices,
minus any costs incurred by the Village to complete installation of
practices, upon submission of "as-built plans" by a licensed professional
engineer. The Building Inspector may make provisions for a partial
pro rata release of the financial guarantee based on the completion
of various development stages.
(2)
The Building Inspector shall release the portion of the financial
security established to assure maintenance of stormwater practices,
minus any costs incurred by the Village, at such time that the responsibility
for practice maintenance is passed on to another entity via an approved
maintenance agreement.
A.
Any land development activity initiated after the effective date
of this article by any person, firm, association, or corporation subject
to the article provisions shall be deemed a violation unless conducted
in accordance with said provisions.
B.
The Building Inspector shall notify the responsible owner or operator
by certified or registered mail of any noncomplying land development
activity. 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.
C.
Upon receipt of written notification from the Building Inspector,
the permit holder shall correct work which does not comply with the
stormwater management plan or other provisions of this permit. The
permit holder shall make corrections as necessary to meet the specifications
and schedule set forth by the Building Inspector in the notice. The
permit holder shall initiate such corrective action within 24 hours
of notification by the Village.
D.
If the violations to this article are likely to result in damage
to properties, public facilities or waters of the state, the Building
Inspector or designee may enter the land and take emergency actions
necessary to prevent such damage. The costs incurred by the Village,
plus interest and legal costs, shall be billed to the owner of title
of the property, and if not paid, shall be entered on the tax rolls
and collected as a special charge pursuant to § 66.0627,
Wis. Stats.
E.
The Building Inspector is authorized to post a stop-work order on
all land development activity in violation of this article, or to
request the Village Attorney to obtain a cease-and-desist order.
F.
The Building Inspector may revoke a permit issued under this article
for noncompliance with article provisions.
G.
Any permit revocation, stop-work order, or cease-and-desist order
shall remain in effect unless retracted by the Building Inspector
or by a court of competent jurisdiction.
H.
The Building Inspector is authorized to refer any violation of this
article, or of a stop-work order or cease-and-desist order issued
pursuant to this article, to the Village Attorney for the commencement
of further legal proceedings.
I.
Any person, firm, association, or corporation who does not comply with the provisions of this article shall be subject to a forfeiture as specified in § 1-4.
J.
Every violation of this article is a public nuisance. Compliance
with this article may be enforced by injunctional order at the suit
of the Village pursuant to § 62.23(8), Wis. Stats. It shall
not be necessary to prosecute for forfeiture before resorting to injunctional
proceedings.
K.
When the Building Inspector determines that the holder of a permit issued pursuant to this article 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 Building Inspector or a party designated by the Building Inspector 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 Building Inspector shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial guarantee posted pursuant to § 286-21. Where such a guarantee has not been established, or where such a guarantee is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property pursuant to § 66.0627, Wis. Stats., and collected with any other taxes levied thereon for the year in which the work is completed.
A.
Board of Appeals. The Zoning Board of Appeals, created under § 635-93, pursuant to § 62.23(7)(e), Wis. Stats., 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 article. The Zoning Board of Appeals shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals.
B.
Variances. The Zoning Board of Appeals may authorize variances from
the provisions of this article which are not contrary to the public
interest, and where owing to special conditions a literal enforcement
of the article will result in unnecessary hardship.
