Town of Greenville, WI
Outagamie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Greenville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 85.
Erosion and sediment control — See Ch. 117.
Subdivision control — See Ch. 270.
Zoning — See Ch. 320.
[Adopted 5-12-2008]

§ 255-1 Authority.

A. 
This article is adopted by the Town Board under the authority granted by § 60.627, Wis. Stats. This article supersedes all provisions of an ordinance previously enacted under § 60.62, Wis. Stats., that relate to stormwater management regulations. Except as otherwise specified in § 60.627, Wis. Stats., § 60.62, Wis. Stats., applies to this article and to any amendments to this article.
B. 
The provisions of this article are deemed not to limit any other lawful regulatory powers of the same governing body.
C. 
The Town Board hereby designates the Public Works Department to administer and enforce the provisions of this article.
D. 
The requirements of this article do not preempt more stringent stormwater management requirements that may be imposed by any of the following:
(1) 
Wisconsin Department of Natural Resources administrative rules, permits or approvals including those authorized under §§ 281.16 and 283.33, Wis. Stats.
(2) 
Targeted nonagricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Adm. Code.

§ 255-2 Findings of fact.

The Town Board finds that uncontrolled, postconstruction runoff has a significant impact upon water resources and the health, safety and general welfare of the community and diminishes the public enjoyment and use of natural resources. Specifically, uncontrolled postconstruction runoff can:
A. 
Degrade physical stream habitat by increasing stream bank erosion, increasing streambed scour, diminishing groundwater recharge, diminishing stream base flows and increasing stream temperature.
B. 
Diminish the capacity of lakes and streams to support fish, aquatic life, recreational and water supply uses by increasing pollutant loading of sediment, suspended solids, nutrients, heavy metals, bacteria, pathogens and other urban pollutants.
C. 
Alter wetland communities by changing wetland hydrology and by increasing pollutant loads.
D. 
Reduce the quality of groundwater by increasing pollutant loading.
E. 
Threaten public health, safety, property and general welfare by overtaxing storm sewers, drainageways, and other minor drainage facilities.
F. 
Threaten public health, safety, property and general welfare by increasing major flood peaks and volumes.
G. 
Undermine floodplain management efforts by increasing the incidence and levels of flooding.

§ 255-3 Purpose and intent.

A. 
Purpose. The general purpose of this article is to establish long-term, postconstruction runoff management requirements that will diminish the threats to public health, safety, welfare and the aquatic environment. 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; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth.
(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; and prevent conditions that endanger downstream property.
B. 
Intent. It is the intent of the Town Board that this article regulates postconstruction stormwater discharges to waters of the state. This article may be applied on a site-by-site basis. The Town Board recognizes, however, that the preferred method of achieving the stormwater performance standards set forth in this article is through the preparation and implementation of comprehensive, systems-level stormwater management plans that cover hydrologic units, such as watersheds, on a municipal and regional scale. Such plans may prescribe regional stormwater devices, practices or systems, any of which may be designed to treat runoff from more than one site prior to discharge to waters of the state. Where such plans are in conformance with the performance standards developed under § 281.16, Wis. Stats., for regional stormwater management measures and have been approved by the Town Board, it is the intent of this article that the approved plan be used to identify postconstruction management measures acceptable for the community.

§ 255-4 Applicability and jurisdiction.

A. 
Applicability.
(1) 
Where not otherwise limited by law, this article applies to all postconstruction sites, unless the site is otherwise exempt under Subsection A(2).
(2) 
A postconstruction site that meets any of the criteria in this subsection is exempt from the requirements of this article.
(a) 
One- and two-family residential dwellings that are not part of a larger common plan of development or sale and that result in less than one acre of disturbance.
(b) 
Nonpoint discharges from agricultural activity areas.
(c) 
Nonpoint discharges from silviculture activities.
(d) 
Mill and crush operations.
(3) 
Notwithstanding the applicability requirements in Subsection A(1), this article applies to postconstruction sites of any size that, in the opinion of the Public Works Department, is likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
B. 
Jurisdiction. This article applies to post construction sites within the boundaries and jurisdiction of the Town of Greenville.
C. 
Exclusions. This article is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats., but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under § 281.33(2), Wis. Stats.

§ 255-5 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ADMINISTERING AUTHORITY
A governmental employee, or a regional planning commission empowered under § 60.627, Wis. Stats., that is designated by the Town Board to administer this article.
AGRICULTURAL ACTIVITY AREA
The part of the farm where there is planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or outside yarding of livestock, including sod farms and silviculture. Practices in this area may include waterways, drainage ditches, diversions, terraces, farm lanes, excavation, filling and similar practices. The agricultural activity area does not include the agricultural production area.
AGRICULTURAL PRODUCTION AREA
The part of the farm where there is concentrated production activity or impervious surfaces. Agricultural production areas include buildings, driveways, parking areas, feed storage structures, manure storage structures, and other impervious surfaces. The agricultural production area does not include the agricultural activity area.
AVERAGE ANNUAL RAINFALL
A calendar year of precipitation, excluding snow, which is considered typical. For purposes of this article, average annual rainfall means measured precipitation in Green Bay, Wisconsin, between March 29 and November 25, 1969.
BEST MANAGEMENT PRACTICE or BMP
Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize sediment or pollutants carried in runoff to waters of the state.
BUSINESS DAY
A day the office of the Public Works Department is routinely and customarily open for business.
CEASE-AND-DESIST ORDER
A court-issued order to halt land disturbing construction activity that is being conducted without the required permit.
COMBINED SEWER SYSTEM
A system for conveying both sanitary sewage and stormwater runoff.
COMMON PLAN OF DEVELOPMENT OR SALE
A development or sale where multiple separate and distinct land-disturbing construction activities may be taking place at different times on different schedules but under one plan. A common plan of development or sale includes, but is not limited to, subdivision plats, certified survey maps, and other developments.
CONNECTED IMPERVIOUSNESS
An impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious flow path.
CONSTRUCTION SITE
An area upon which one or more land-disturbing construction activities occur, including areas that are part of a larger common plan of development or sale.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall. The TR-55, Type II, twenty-four-hour design storms for the Town of Greenville are: one-year, 2.2 inches; two-year, 2.5 inches; five-year, 3.3 inches; ten-year, 3.8 inches; twenty-five-year, 4.4 inches; fifty-year, 4.9 inches; and one-hundred-year, 5.3 inches.
DEVELOPMENT
Residential, commercial, industrial, institutional, or other land uses and associated roads.
DIVISION OF LAND
The creation from one or more parcels or building sites of additional parcels or building sites where such creation occurs at one time or through the successive partition within a five-year period.
EFFECTIVE INFILTRATION AREA
The area of the infiltration system that is used to infiltrate runoff and does not include the area used for site access, berms or pretreatment.
EROSION
The process by which the land's surface is worn away by the action of wind, water, ice or gravity.
EXCEPTIONAL RESOURCE WATERS
Waters listed in § NR 102.11, Wis. Adm. Code.
EXTRATERRITORIAL
The unincorporated area within three miles of the corporate limits of a first, second, or third class city, or within 1.5 miles of a fourth class city or village.
FINAL STABILIZATION
That all land-disturbing construction activities at the construction site have been completed and that a uniform, perennial, vegetative cover has been established, with a density of at least 70% of the cover, for the unpaved areas and areas not covered by permanent structures, or employment of equivalent permanent stabilization measures.
FINANCIAL GUARANTEE
A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the Public Works Department by the responsible party to assure that requirements of the chapter are carried out in compliance with the stormwater management plan.
GOVERNING BODY
Town Board of Supervisors, county board of supervisors, city council, village board of trustees or village council.
HIGHWAY
Has the meaning given in § 340.01(22), Wis. Stats.
HIGHWAY RECONDITIONING
Has the meaning given in § 84.013(1)(b), Wis. Stats.
HIGHWAY RECONSTRUCTION
Has the meaning given in § 84.013(1)(c), Wis. Stats.
HIGHWAY RESURFACING
Has the meaning given in § 84.013(1)(d), Wis. Stats.
IMPERVIOUS SURFACE
An area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. Rooftops, sidewalks, driveways, parking lots and streets are examples of areas that typically are impervious. Gravel surfaces are considered impervious, unless specifically designed to encourage infiltration.
IN-FILL AREA
A new development area less than five acres in size that is located within existing urban sewer service areas, surrounded by already existing development or existing development and natural or man-made features where development cannot occur.
INFILTRATION
The entry of precipitation or runoff into or through the soil.
INFILTRATION SYSTEM
A device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or roadside channels designed for conveyance and pollutant removal only.
KARST FEATURE
An area or surficial geologic feature subject to bedrock dissolution so that it is likely to provide a conduit to groundwater, and may include caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs, seeps or swales.
LAND-DISTURBING CONSTRUCTION ACTIVITY (OR DISTURBANCE)
Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative soil cover that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. "Land-disturbing construction activity" includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities, and soil stockpiling.
MAINTENANCE AGREEMENT
A legal document that provides for long-term maintenance of stormwater management and best management practices.
MEP or MAXIMUM EXTENT PRACTICABLE
A level of implementing best management practices in order to achieve a performance standard specified in this article which takes into account the best available technology, cost-effectiveness and other competing issues such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. MEP allows flexibility in the way to meet the performance standards and may vary based on the performance standard and site conditions.
MINOR RECONSTRUCTION OF A HIGHWAY
Reconstruction of a highway that is limited to 1.5 miles in continuous or aggregate total length of realignment and that does not exceed 100 feet in width of roadbed widening.
NEW DEVELOPMENT
That portion of a postconstruction site where impervious surfaces are being created or expanded. Any disturbance where the amount of impervious area for the postdevelopment condition is greater than the predevelopment condition is classified as new development. For purposes of this article, a postconstruction site is classified as new development, redevelopment, routine maintenance, or some combination of these three classifications, as appropriate.
OFF-SITE
Located outside the property boundary described in the permit application.
ON-SITE
Located within the property boundary described in the permit application.
ORDINARY HIGH-WATER MARK
Has the meaning given in § NR 115.03(6), Wis. Adm. Code.
OUTSTANDING RESOURCE WATERS
Waters listed in § NR 102.10, Wis. Adm. Code.
PERCENT FINES
The percentage of a given sample of soil, which passes through a No. 200 sieve.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
PERMIT
A written authorization made by the Public Works Department to the applicant to conduct land-disturbing construction activity or to discharge postconstruction runoff to waters of the state.
PERMIT ADMINISTRATION FEE
A sum of money paid to the Public Works Department by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.
PERVIOUS SURFACE
An area that releases as runoff a small portion of the precipitation that falls on it. Lawns, gardens, parks, forests or other similar vegetated areas are examples of surfaces that typically are pervious.
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
POSTCONSTRUCTION SITE
A construction site following the completion of land-disturbing construction activity and final site stabilization.
POSTDEVELOPMENT
The extent and distribution of land cover types present after the completion of land-disturbing construction activity and final site stabilization.
PREDEVELOPMENT
The extent and distribution of land cover types present before the initiation of land-disturbing construction activity, assuming that all land uses prior to development activity are managed in an environmentally sound manner.
PREVENTIVE ACTION LIMIT
Has the meaning given in § NR 140.05(17), Wis. Adm. Code.
REDEVELOPMENT
That portion of a postconstruction site where impervious surfaces are being reconstructed, replaced, or reconfigured. Any disturbance where the amount of impervious area for the postdevelopment condition is equal to or less than the predevelopment condition is classified as "redevelopment." For purposes of this article, a postconstruction site is classified as new development, redevelopment, routine maintenance, or some combination of these three classifications, as appropriate.
RESPONSIBLE PARTY
Any entity holding fee title to the property or other person contracted or obligated by other agreement to implement and maintain postconstruction stormwater BMPs.
ROUTINE MAINTENANCE
That portion of a postconstruction site where predevelopment impervious surfaces are being maintained to preserve the original line and grade, hydraulic capacity, drainage pattern, configuration, or purpose of the facility. Remodeling of buildings and resurfacing of parking lots, streets, driveways, and sidewalks are examples of routine maintenance, provided the lower 1/2 of the impervious surface's granular base is not disturbed. The disturbance shall be classified as redevelopment if the lower 1/2 of the granular base associated with the predevelopment impervious surface is disturbed or if the soil located beneath the impervious surface is exposed. For purposes of this article, a postconstruction site is classified as new development, redevelopment, routine maintenance, or some combination of these three classifications, as appropriate.
RUNOFF
Stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
SEPARATE STORM SEWER
A conveyance or system of conveyances including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:
A. 
Is designed or used for collecting water or conveying runoff.
B. 
Is not part of a combined sewer system.
C. 
Is not draining to a stormwater treatment device or system.
D. 
Discharges directly or indirectly to waters of the state.
SITE
The entire area included in the legal description of the land on which the land-disturbing construction activity occurred.
STOP-WORK ORDER
An order issued by the Public Works Department which requires that all construction activity on the site be stopped.
STORMWATER MANAGEMENT PLAN
A Comprehensive Plan designed to reduce the discharge of pollutants from stormwater after the site has under gone final stabilization following completion of the construction activity.
STORMWATER MANAGEMENT SYSTEM PLAN
A Comprehensive Plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.
TECHNICAL STANDARD
A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
TOP OF THE CHANNEL
An edge, or point on the landscape, landward from the ordinary high-water mark of a surface water of the state, where the slope of the land begins to be less than 12% continually for at least 50 feet. If the slope of the land is 12% or less continually for the initial 50 feet, landward from the ordinary high-water mark, the top of the channel is the ordinary high-water mark.
TR-55
The United States Department of Agriculture, Natural Resources Conservation Service (previously Soil Conservation Service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986.
TRANSPORTATION FACILITY
A public street, a public road, a public highway, a public mass transit facility, a public-use airport, a public trail, or any other public work for transportation purposes such as harbor improvements under § 85.095(1)(b), Wis. Stats.
TYPE II DISTRIBUTION
A rainfall type curve as established in the United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published 1973. The Type II curve is applicable to all of Wisconsin and represents the most intense storm pattern.
WATERS OF THE STATE
Has the meaning given in § 281.01 (18), Wis. Stats.

§ 255-6 Technical standards.

The following methods shall be used in designing and maintaining the water quality, peak discharge, infiltration, protective area, and fueling/vehicle maintenance components of stormwater practices needed to meet the water quality standards of this article:
A. 
Technical standards identified, developed or disseminated by the Wisconsin Department of Natural Resources under Subchapter V of Chapter NR 151, Wis. Adm. Code.
B. 
Technical standards and guidance identified within the Town of Greenville Stormwater Reference Guide.
C. 
Where technical standards have not been identified or developed by the Wisconsin Department of Natural Resources, other technical standards may be used provided that the methods have been approved by the Public Works Department.
D. 
In this article, the following year and location has been selected as average annual rainfall: Green Bay, 1969 (Mar. 29–Nov. 25).

§ 255-7 Performance standards.

A. 
Responsible party. The responsible party shall implement a postconstruction stormwater management plan that incorporates the requirements of this section.
B. 
Plan. A written stormwater management plan in accordance with § 255-19 shall be developed and implemented for each postconstruction site.
C. 
Requirements. The stormwater management plan shall meet the following minimum requirements to the maximum extent practicable:
(1) 
Total suspended solids. BMPs shall be designed, installed and maintained to control total suspended solids carried in runoff from the postconstruction site as follows. The total suspended solids reduction shall be based on the average annual rainfall, as compared to no runoff management controls.
(a) 
For postconstruction sites with 20,000 square feet or more of impervious surface disturbance and postconstruction sites with one acre or more of land disturbance, the following is required:
[1] 
Reduce the total suspended solids load by 80% for new development.
[2] 
Reduce the total suspended solids load by 40% for redevelopment.
[3] 
No total suspended solids load reduction is required for routine maintenance areas, unless runoff from the routine maintenance area discharges into a proposed water quality BMP.
(b) 
For postconstruction sites with less than 20,000 square feet of impervious surface disturbance, reduce the total suspended solids load using BMPs from the Town of Greenville Stormwater Reference Guide. These sites are not required to satisfy a numeric performance standard.
(c) 
Sites with a cumulative addition of 20,000 square feet of greater of impervious surfaces after the adoption date of this article are required to satisfy the performance standards within Subsection C(1)(a)[1], [2], and [3].
(d) 
The amount of total suspended solids control previously required for the site shall not be reduced as a result of the proposed development or disturbance.
(e) 
Notwithstanding Subsection C(1)(a) to (d), if the design cannot achieve the applicable total suspended solids reduction specified, the stormwater management plan shall include a written and site-specific explanation why that level of reduction is not attained and the total suspended solids load shall be reduced to the maximum extent practicable.
(2) 
Peak discharge. BMPs shall be designed, installed and maintained to control peak discharges from the postconstruction site as follows:
(a) 
For postconstruction sites with 20,000 square feet or more of impervious surface disturbance and postconstruction sites with one acre or more of land disturbance, the following is required:
[1] 
The peak postdevelopment discharge rate shall not exceed the peak predevelopment discharge rate for the two-, ten-, and one-hundred-year, twenty-four-hour design storms. These peak discharge requirements apply to new development and redevelopment areas. No peak discharge control is required for routine maintenance areas, unless runoff from the routine maintenance area discharges into a proposed peak flow control facility.
[2] 
TR-55 methodology shall be used for peak discharge calculations, unless the administering authority approves an equivalent methodology. The meaning of "hydrologic soil group" and "runoff curve number" are as determined in TR-55. Peak predevelopment discharge rates shall be determined using the following "meadow" runoff curve numbers:
Maximum Predevelopment Runoff Curve Numbers - Meadow
Hydrologic Soil Group
Runoff Curve Number
A
30
B
58
C
71
D
78
(b) 
For postconstruction sites with less than 20,000 square feet of impervious surface disturbance, reduce peak postdevelopment discharge rates using BMPs from the Town of Greenville Stormwater Reference Guide. These sites are not required to satisfy a numeric performance standard.
(c) 
Sites with a cumulative addition of 20,000 square feet or greater of impervious surfaces after the adoption date of this article are required to satisfy the performance standards within Subsection C(2)(a)[1] and [2].
(d) 
The amount of peak discharge control previously required for the site shall not be reduced as a result of the proposed development or disturbance.
(e) 
An adequate outfall shall be provided for each point of concentrated discharge from the postconstruction site. An adequate outfall consists of nonerosive discharge velocities and reasonable downstream conveyance.
(f) 
Exemptions. The following transportation facilities are not required to meet the peak discharge requirements of this Subsection C(2), provided the transportation facility is not part of a larger common plan of development or sale:
[1] 
A transportation facility where the change in hydrology due to development does not increase the existing surface water elevation at any point within the downstream receiving surface water by more than 0.01 of a foot for the two-year, twenty-four-hour storm event.
[2] 
A highway reconstruction site.
[3] 
A transportation facility that is part of a redevelopment project.
(3) 
Infiltration. BMPs shall be designed, installed, and maintained to infiltrate runoff in accordance with the following, except as provided in Subsection C(3)(h) through (k).
(a) 
For residential developments with 20,000 square feet or more of impervious surface disturbance and residential developments with one acre or more of land disturbance, one of the following shall be met:
[1] 
Infiltrate sufficient runoff volume so that the postdevelopment infiltration volume shall be at least 90% of the predevelopment infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 1% of the project site is required as an effective infiltration area.
[2] 
Infiltrate 25% of the postdevelopment runoff from the two-year, twenty-four-hour design storm with a Type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than 1% of the project site is required as an effective infiltration area.
(b) 
For nonresidential developments with 20,000 square feet or more of impervious surface disturbance and nonresidential developments with one acre or more of land disturbance, including commercial, industrial and institutional development, one of the following shall be met:
[1] 
Infiltrate sufficient runoff volume so that the postdevelopment infiltration volume shall be at least 60% of the predevelopment infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the project site is required as an effective infiltration area.
[2] 
Infiltrate 10% of the runoff from the two-year, twenty-four-hour design storm with a Type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes, and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the project site is required as an effective infiltration area.
(c) 
Predevelopment condition shall assume "good hydrologic conditions" for appropriate land covers as identified in TR-55 or an equivalent methodology approved by the administering authority. The meaning of "hydrologic soil group" and "runoff curve number" are as determined in TR-55. However, when predevelopment land cover is cropland, rather than using TR-55 values for cropland, the following runoff curve numbers shall be used:
Maximum Predevelopment Runoff Curve Numbers - Cropland
Hydrologic Soil Group
Runoff Curve Number
A
56
B
70
C
79
D
83
(d) 
For residential and nonresidential developments with less than 20,000 square feet of new impervious surfaces, infiltrate runoff volume using BMPs from the Town of Greenville Stormwater Reference Guide. These sites are not required to satisfy a numeric performance standard.
(e) 
Sites with a cumulative addition of 20,000 square feet or greater of impervious surfaces after the adoption date of this article are required to satisfy the performance standards within Subsection C(3)(a), (b), and (c).
(f) 
The amount of infiltration previously required for the site shall not be reduced as a result of the proposed development or disturbance.
(g) 
Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection C(3)(k). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(h) 
Exclusions. Infiltration of runoff from the following areas are prohibited from meeting the infiltration requirements of this Subsection C(3):
[1] 
Areas associated with tier one industrial facilities identified in § NR 216.21(2)(a), Wis. Adm. Code, including storage, loading, rooftop and parking.
[2] 
Storage and loading areas of tier two industrial facilities identified in § NR 216.21(2)(b), Wis. Adm. Code.
[3] 
Fueling and vehicle maintenance areas.
[4] 
Areas within 1,000 feet upgradient or within 100 feet downgradient of karst features.
[5] 
Areas with less than three-foot separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock, except this Subsection C(3)(h)[5] does not prohibit infiltration of roof runoff.
[6] 
Areas with runoff from industrial, commercial and institutional parking lots and roads and residential arterial roads with less than five-foot separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock.
[7] 
Areas within 400 feet of a community water system well as specified in § NR 811.16(4), Wis. Adm. Code, or within 100 feet of a private well as specified in § NR 812.08(4), Wis. Adm. Code, for runoff infiltrated from commercial, industrial and institutional land uses or regional devices for residential development.
[8] 
Areas where contaminants of concern, as defined in § NR 720.03(2). Wis. Adm. Code, are present in the soil through which infiltration will occur.
[9] 
Any area where the soil does not exhibit one of the following soil characteristics between the bottom of the infiltration system and the seasonal high groundwater and top of bedrock: at least a three-foot soil layer with 20% fines or greater; or at least a five-foot soil layer with 10% fines or greater. This does not apply where the soil medium within the infiltration system provides an equivalent level of protection. This Subsection C(3)(h)[9] does not prohibit infiltration of roof runoff.
(i) 
Exemptions. Infiltration of runoff from the following areas are not required to meet the infiltration requirements of this Subsection C(3):
[1] 
Areas where the infiltration rate of the soil is less than 0.6 inches/hour measured at the site.
[2] 
Parking areas and access roads less than 5,000 square feet for commercial and industrial development.
[3] 
Redevelopment and routine maintenance areas.
[4] 
In-fill areas less than five acres.
[5] 
Infiltration areas during periods when the soil on the site is frozen.
[6] 
Roads in commercial, industrial and institutional land uses, and arterial residential roads.
[7] 
Highways provided the transportation facility is not part of a larger common plan of development or sale.
(j) 
Where alternate uses of runoff are employed, such as for toilet flushing, laundry or irrigation, such alternate use shall be given equal credit toward the infiltration volume required by this subsection.
(k) 
Minimization of pollutants infiltrating to groundwater
[1] 
Infiltration systems designed in accordance with this subsection shall, to the extent technically and economically feasible, minimize the level of pollutants infiltrating to groundwater and shall maintain compliance with the preventive action limit at a point of standards application in accordance with Ch. NR 140, Wis. Adm. Code. However, if site-specific information indicates that compliance with a preventive action limit is not achievable, the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable.
[2] 
Notwithstanding Subsection C(3)(k)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
(4) 
Protective areas.
(a) 
"Protective area" means an area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. However, in this subsection, "protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location.
[1] 
For outstanding resource waters and exceptional resource waters, and for wetlands in areas of special natural resource interest as specified in § NR 103.04, 75 feet.
[2] 
For perennial and intermittent streams identified on a United States geological survey 7.5-minute series topographic map, or a county soil survey map, whichever is more current, 50 feet.
[3] 
For lakes, 50 feet.
[4] 
For highly susceptible wetlands, 50 feet. Highly susceptible wetlands include the following types: fens, sedge meadows, bogs, low prairies, conifer swamps, shrub swamps, other forested wetlands, fresh wet meadows, shallow marshes, deep marshes and seasonally flooded basins.
[5] 
For less susceptible wetlands, 10% of the average wetland width, but no less than 10 feet nor more than 30 feet. Less susceptible wetlands include degraded wetlands dominated by invasive species such as reed canary grass.
[6] 
In Subsection C(4)(a)[1], [4] and [5], determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in § NR 103.03.
[7] 
For concentrated flow channels with drainage areas greater than 130 acres, 10 feet.
(b) 
Wetlands shall be delineated. Wetland boundary delineations shall be made in accordance with § NR 103.08(1m). This Subsection C(4) does not apply to wetlands that have been completely filled in accordance with all applicable state and federal regulations. The protective area for wetlands that have been partially filled in accordance with all applicable state and federal regulations shall be measured from the wetland boundary delineation after fill has been placed.
(c) 
This Subsection C(4) applies to postconstruction sites located within a protective area, except those areas exempted pursuant to Subsection C(4)(f) below.
(d) 
The following requirements shall be met:
[1] 
Impervious surfaces shall be kept out of the protective area to the maximum extent practicable. The stormwater management plan shall contain a written site-specific explanation for any parts of the protective area that are disturbed during construction.
[2] 
Where land-disturbing construction activity occurs within a protective area, and where no impervious surface is present, adequate sod or self-sustaining vegetative cover of 70% or greater shall be established and maintained. The adequate sod or self-sustaining vegetative cover shall be sufficient to provide for bank stability, maintenance of fish habitat and filtering of pollutants from upslope overland flow areas under sheet flow conditions. Nonvegetative materials, such as rock riprap, may be employed on the bank as necessary to prevent erosion, such as on steep slopes or where high-velocity flows occur.
[3] 
Best management practices such as filter strips, swales, or wet detention basins that are designed to control pollutants from nonpoint sources may be located in the protective area.
(e) 
A protective area established or created after the adoption date of this article shall not be eliminated or reduced, except as allowed in Subsection C(4)(f)[2], [3], or [4] below.
(f) 
Exemptions. The following areas are not required to meet the protective area requirements of this Subsection D(4):
[1] 
Redevelopment and routine maintenance areas provided the minimum requirements within in Subsection C(4)(e) above are satisfied.
[2] 
Structures that cross or access surface waters such as boat landings, bridges and culverts.
[3] 
Structures constructed in accordance with § 59.692(1v), Wis. Stats.
[4] 
Postconstruction sites from which runoff does not enter the surface water, except to the extent that vegetative ground cover is necessary to maintain bank stability.
(5) 
Fueling and vehicle maintenance areas. Fueling and vehicle maintenance areas shall, to the maximum extent practicable, have BMPs designed, installed and maintained to reduce petroleum within runoff, such that the runoff that enters waters of the state contains no visible petroleum sheen.
(6) 
Swale treatment for transportation facilities. This Subsection C(6) is not applicable to transportation facilities that are part of a larger common plan of development or sale.
(a) 
Applicability. Except as provided in Subsection C(6)(b), transportation facilities that use swales for runoff conveyance and pollutant removal meet all of the requirements of this section, if the swales are designed to the maximum extent practicable to do all of the following:
[1] 
Be vegetated. However, where appropriate, nonvegetative measures may be employed to prevent erosion or provide for runoff treatment, such as rock riprap stabilization or check dams.
[2] 
Carry runoff through a swale for 200 feet or more in length that is designed with a flow velocity no greater than 1.5 feet per second for the peak flow generated using either a two-year, twenty-four-hour design storm or a two-year storm with a duration equal to the time of concentration as appropriate. If a swale of 200 feet in length cannot be designed with a flow velocity of 1.5 feet per second or less, then the flow velocity shall be reduced to the maximum extent practicable.
(b) 
Exemptions. The Public Works Department may, consistent with water quality standards, require other provisions of this section be met on a transportation facility with an average daily travel of vehicles greater than 2,500 and where the initial surface water of the state that the runoff directly enters is any of the following:
[1] 
An outstanding resource water.
[2] 
An exceptional resource water.
[3] 
Waters listed in Section 303(d) of the Federal Clean Water Act that are identified as impaired in whole or in part, due to nonpoint source impacts.
[4] 
Waters where targeted performance standards are developed under § NR 151.004, Wis. Adm. Code, to meet water quality standards.
(7) 
Exemptions. The following areas are not required to meet the performance standards within Subsection C:
(a) 
Agricultural production areas with less than 100,000 square feet of impervious surface disturbance.
(b) 
Underground utility construction such as water, sewer, gas, electric, telephone, cable television, and fiber optic lines. This exemption does not apply to the construction of any above ground structures associated with utility construction.
(c) 
The following transportation facilities are exempt, provided the transportation facility is not part of a larger common plan of development or sale.
[1] 
Reconditioning or resurfacing of a highway.
[2] 
Minor reconstruction of a highway. Notwithstanding this exemption, the protective area requirements within § NR 151.24(6), Wisconsin Administrative Code, apply to minor reconstruction of a highway.
[3] 
A redevelopment transportation facility with no increase in exposed parking lots or roads.
[4] 
A transportation facility with less than 10% connected imperviousness based on complete development of the transportation facility, provided the cumulative area of all parking lots and rooftops is less than one acre.
[5] 
Routine maintenance for transportation facilities if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
D. 
General considerations for on-site and off-site stormwater management measures. The following considerations shall be observed in managing 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.
E. 
Location and regional treatment option.
(1) 
The BMPs may be located on-site or off-site as part of a regional stormwater device, practice or system.
(2) 
Postconstruction runoff within a non-navigable surface water that flows into a BMP, such as a wet detention pond, is not required to meet the performance standards of this article. Postconstruction BMPs may be located in non-navigable surface waters.
(3) 
Except as allowed under Subsection E(4), postconstruction runoff from new development shall meet the postconstruction performance standards prior to entering a navigable surface water.
(4) 
Postconstruction runoff from any development within a navigable surface water that flows into a BMP is not required to meet the performance standards of this article if:
(a) 
The BMP was constructed prior to the effective date of this article and the BMP either received a permit issued under Ch. 30, Wis. Stats., or the BMP did not require a Ch. 30, Wis. Stats., permit; and
(b) 
The BMP is designed to provide runoff treatment from future upland development.
(5) 
Runoff from existing development, redevelopment and in-fill areas shall meet the postconstruction performance standards in accordance with this subsection.
(a) 
To the maximum extent practicable, BMPs shall be located to treat runoff prior to discharge to navigable surface waters.
(b) 
Postconstruction BMPs for such runoff may be located in a navigable surface water if allowable under all other applicable federal, state and local regulations such as Ch. NR 103, Wis. Adm. Code, and Ch. 30, Wis. Stats.
(6) 
The discharge of runoff from a BMP, such as a wet detention pond, or after a series of such BMPs is subject to this chapter.
(7) 
The Public Works Department may approve off-site management measures, provided that all of the following conditions are met:
(a) 
The Public Works Department determines that the postconstruction runoff is covered by a stormwater management system plan that is approved by the Town of Greenville and that contains management requirements consistent with the purpose and intent of this article.
(b) 
The off-site facility meets all of the following conditions:
[1] 
The facility is in place.
[2] 
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 performance standards of this article.
[3] 
The facility has a legally obligated entity responsible for its long-term operation and maintenance.
(8) 
Where a regional treatment option exists such that the Public Works Department exempts the applicant from all or part of the minimum on-site stormwater management requirements, the applicant shall be required to pay a fee in an amount determined in negotiation with the Public Works Department. In determining the fee for postconstruction runoff, the Public Works Department shall consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of the regional treatment option.
F. 
Alternate requirements. The Public Works Department may establish stormwater management requirements more stringent than those set forth in this section if the Public Works Department determines that an added level of protection is needed to protect sensitive resources. Also, the Public Works Department may establish stormwater management requirements less stringent than those set forth in this section if the Public Works Department determines that less protection is needed to protect sensitive resources and provide reasonable flood protection. However, the alternative requirements shall not be less stringent than those requirements promulgated in rules by Wisconsin Department of Natural Resources under Ch. NR 151, Wisconsin Administrative Code.

§ 255-8 Permitting requirements, procedures and fees.

A. 
Permit required. No responsible party may undertake a land-disturbing construction activity without receiving a postconstruction runoff permit from the Public Works Department prior to commencing the proposed activity.
B. 
Permit application and fees. Unless specifically excluded by this article, any responsible party desiring a permit shall submit to the Public Works Department a permit application made on a form provided by the Public Works Department for that purpose.
(1) 
Unless otherwise excepted by this article, a permit application must be accompanied by a stormwater management plan, a maintenance agreement and a nonrefundable permit administration fee.
(2) 
The stormwater management plan shall be prepared to meet the requirements of §§ 255-17 and 255-19, the maintenance agreement shall be prepared to meet the requirements of § 255-20, the financial guarantee shall meet the requirements of § 255-21, and fees shall be those established by the Town Board as set forth in § 255-22.
C. 
Review and approval of permit application. The Public Works Department 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 20 business days of the receipt of a complete permit application, including all items as required by Subsection B, the Public Works Department shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this article.
(2) 
If the stormwater permit application, plan and maintenance agreement are approved, or if an agreed upon payment of fees in lieu of stormwater management practices is made, the Public Works Department shall issue the permit.
(3) 
If the stormwater permit application, plan or maintenance agreement is disapproved, the Public Works Department shall detail in writing the reasons for disapproval.
(4) 
The Public Works Department may request additional information from the applicant. If additional information is submitted, the Public Works Department shall have 20 business days from the date the additional information is received to inform the applicant that the plan and maintenance agreement are either approved or disapproved.
(5) 
Failure by the Public Works Department to inform the permit applicant of a decision within 20 business days 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. 
Permit requirements. 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. The Public Works Department may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Public Works Department to suspend or revoke this permit may be appealed in accordance with § 255-24.
(1) 
Compliance with this permit does not relieve the responsible party of the responsibility to comply with other applicable federal, state, and local laws and regulations.
(2) 
The responsible party shall design and install all structural and nonstructural stormwater management measures in accordance with the approved stormwater management plan and this permit.
(3) 
The responsible party shall notify the Public Works Department at least 10 business days before commencing any work in conjunction with the stormwater management plan, and within 10 business days upon completion of the stormwater management practices. If required as a special condition under Subsection E, the responsible party shall make additional notification according to a schedule set forth by the Public Works Department so that practice installations can be inspected during construction.
(4) 
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 by the Public Works Department or its designee to determine if they are in accordance with the approved stormwater management plan and ordinance. The Public Works Department or its designee shall notify the responsible party in writing of any changes required in such practices to bring them into compliance with the conditions of this permit.
(5) 
The responsible party shall notify the Public Works Department of any significant modifications it intends to make to an approved stormwater management plan. The Public Works Department may require that the proposed modifications be submitted to it for approval prior to incorporation into the stormwater management plan and execution by the responsible party.
(6) 
The responsible party shall maintain all stormwater management practices in accordance with the stormwater management plan until the practices either become the responsibility of the Town Board, or are transferred to subsequent private owners as specified in the approved maintenance agreement.
(7) 
The responsible party authorizes the Public Works Department 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 assessment or charge against the property as authorized under Subch. VII of Ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 255-21.
(8) 
If so directed by the Public Works Department, the responsible party shall repair at the responsible party's own expense all damage to adjoining municipal facilities and drainageways caused by runoff, where such damage is caused by activities that are not in compliance with the approved stormwater management plan.
(9) 
The responsible party shall permit property access to the Public Works Department or its designee for the purpose of inspecting the property for compliance with the approved stormwater management plan and this permit.
(10) 
Where site development or redevelopment involves changes in direction, increases in peak rate and/or total volume of runoff from a site, the Public Works Department may require the responsible party to make appropriate legal arrangements with affected property owners concerning the prevention of endangerment to property or public safety.
(11) 
The responsible party is subject to the enforcement actions and penalties detailed in § 255-23 if the responsible party fails to comply with the terms of this permit.
(12) 
The permit applicant shall post the certificate of permit coverage in a conspicuous location at the construction site.
E. 
Permit conditions. Permits issued under this subsection may include conditions established by Public Works Department in addition to the requirements needed to meet the performance standards in § 255-17 or a financial guarantee as provided for in § 255-21.
F. 
Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the Public Works Department notifies the responsible party that all stormwater management practices have passed the final inspection required under Subsection D(4).
G. 
Alternate requirements. The Public Works Department may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 255-17E or for applicants seeking a permit for a postconstruction site with less than 20,000 square feet of impervious surface disturbance.

§ 255-9 Stormwater management plan.

A. 
Plan requirements. The stormwater management plan required under § 255-18B shall comply with the Town of Greenville Stormwater Reference Guide and contain, at a minimum, the following information:
(1) 
Name, address, and telephone number of the landowner and responsible parties.
(2) 
A legal description of the property proposed to be developed.
(3) 
Predevelopment site map with property lines, disturbed limits, and drainage patterns.
(4) 
Postdevelopment site map with property lines, disturbed limits, and drainage patterns.
(a) 
Total area of disturbed impervious surfaces within the site.
(b) 
Total area of new impervious surfaces within the site.
(c) 
Performance standards applicable to site.
(d) 
Proposed best management practices.
(e) 
Groundwater, bedrock, and soil limitations.
(f) 
Separation distances. Stormwater management practices shall be adequately separated from wells to prevent contamination of drinking water.
B. 
Alternate requirements. The Public Works Department may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 255-17E or for applicants seeking a permit for a postconstruction site with less than 20,000 square feet of impervious surface disturbance.

§ 255-10 Maintenance agreement.

A. 
Maintenance agreement required. The maintenance agreement required under § 255-18B for stormwater management practices shall be an agreement between the Public Works Department 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 so that it 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 § 255-19A(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 § 255-18B.
(3) 
Identification of the responsible party(ies), organization or city, county, Town or village responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan required under § 255-18B.
(4) 
Requirement that the responsible party(ies), 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 Public Works Department 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 on the Public Works Department to 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 Public Works Department of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Public Works Department.
(8) 
Authorization of the Public Works Department 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 Public Works Department shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subch. VII of Ch. 66, Wis. Stats.
C. 
Alternate requirements. The Public Works Department may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 255-17E or for applicants seeking a permit for a postconstruction site with less than 20,000 square feet of impervious surface disturbance.

§ 255-11 Financial guarantee.

A. 
Establishment of the guarantee. The Public Works Department may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the Public Works Department. The financial guarantee shall be in an amount determined by the Public Works Department 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 Public Works Department 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 Public Works Department that the requirements of this article have not been met.
B. 
Conditions for release. Conditions for the release of the financial guarantee are as follows:
(1) 
The Public Works Department shall release the portion of the financial guarantee established under this section, less any costs incurred by the Public Works Department to complete installation of practices, upon submission of as-built plans by a licensed professional engineer. The Public Works Department may make provisions for a partial pro rata release of the financial guarantee based on the completion of various development stages.
(2) 
The Public Works Department shall release the portion of the financial guarantee established under this section to assure maintenance of stormwater practices, less any costs incurred by the Public Works Department, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement.
C. 
Alternate requirements. The Public Works Department may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 255-17E or for applicants seeking a permit for a postconstruction site with less than 20,000 square feet of impervious surface disturbance.

§ 255-12 Fee schedule.

The fees referred to in other sections of this article shall be established by the Town Board and may from time to time be modified by resolution. A schedule of the fees established by the Town Board shall be available for review in the Town Hall.

§ 255-13 Enforcement.

A. 
Any land-disturbing construction activity or postconstruction runoff 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 the requirements of this article.
B. 
The Public Works Department shall notify the responsible party by certified mail of any noncomplying land-disturbing construction activity or postconstruction 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.
C. 
Upon receipt of written notification from the Public Works Department 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 Public Works Department in the notice.
D. 
If the violations to a permit issued pursuant to this article are likely to result in damage to properties, public facilities, or waters of the state, the Public Works Department may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the Public Works Department plus interest and legal costs shall be billed to the responsible party.
E. 
The Public Works Department is authorized to post a stop-work order on all land-disturbing construction activity that is in violation of this article, or to request the Town Attorney to obtain a cease and desist order in any court with jurisdiction.
F. 
The Public Works Department may revoke a permit issued under this article for noncompliance with ordinance provisions.
G. 
Any permit revocation, stop-work order, or cease-and-desist order shall remain in effect unless retracted by the Public Works Department or by a court with jurisdiction.
H. 
The Public Works Department 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 Town Attorney for the commencement of further legal proceedings in any court with jurisdiction.
I. 
Any person, firm, association, or corporation who does not comply with the provisions of this article shall be subject to a forfeiture amount set from time to time by ordinance in the Fine and Forfeiture Schedule of the Town of Greenville. Each calendar day the violation exists shall be deemed a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
J. 
Compliance with the provisions of this article 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.
K. 
When the Public Works Department 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 Public Works Department or a party designated by the Public Works Department 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 Public Works Department 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 § 255-21 of this article. 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.

§ 255-14 Appeals.

A. 
Board of Appeals. The Board of Appeals, created pursuant to Article XXXIII of Chapter 320, and pursuant to § 60.65, Wis. Stats, shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Public Works Department in administering this article. 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 article that are not contrary to the public interest, and where owing to special conditions a literal enforcement of the article 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 Town of Greenville affected by any decision of the Public Works Department.
[Adopted 5-12-2008]

§ 255-15 Purpose and intent.

The purpose of this article is to provide for the health, safety, environment and general welfare of the citizens of Town of Greenville through the regulation of nonstormwater discharges into waters of the state or the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law. This article establishes methods for controlling the introduction of pollutants into waters of the state or the MS4 in order to comply with requirements of the Wisconsin Pollutant Discharge Elimination System (WPDES) permit process. The objectives of this article are:
A. 
To regulate the contribution of pollutants into waters of the state or the MS4 by stormwater discharges by any user.
B. 
To prohibit illicit connections and discharges into waters of the state or the MS4.
C. 
To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this article.

§ 255-16 Definitions.

For the purposes of this article, the following shall mean:
AUTHORIZED ENFORCEMENT AGENCY
Employees or designees of the Public Works Department of the Town of Greenville are designated to administer and enforce this article.
BEST MANAGEMENT PRACTICES (BMPs)
Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.
CONSTRUCTION ACTIVITY
Activities subject to Town of Greenville construction permits per Chapter 117, Erosion and Sediment Control, or WPDES construction permits per Ch. NR 216 and Ch. 283, Wis. Stats.
CONTAMINATED STORMWATER
Stormwater that comes into contact with material handling equipment or activities, raw materials, intermediate products, final products, waste materials, by-products or industrial machinery in the source areas listed in Ch. NR 216.
DEPARTMENT (DNR)
The Wisconsin Department of Natural Resources.
DISCHARGE
As defined in Ch. 283, Wis. Stats., when used without qualification, includes a discharge of any pollutant.
DISCHARGE OF POLLUTANT or DISCHARGE OF POLLUTANTS
As defined in Ch. 283, Wis. Stats., means any addition of any pollutant to the waters of this state from any point source.
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
ILLICIT CONNECTIONS
An illicit connection is defined as either of the following:
A. 
Any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter waters of the state or the MS4, including but not limited to any conveyances that allow any nonstormwater discharge including sewage, process wastewater, and wash water to enter waters of the state or the MS4 and any connections to waters of the state or the MS4 from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or
B. 
Any drain or conveyance connected from a commercial or industrial land use to waters of the state or the MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
ILLICIT DISCHARGE
Any discharge into waters of the state or a municipal separate storm sewer system that is not composed entirely of stormwater. Nonstormwater discharges that are not considered illicit discharges include water line flushing, landscape irrigation, diverted stream flows, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air-conditioning condensation, irrigation water, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, firefighting, and discharges authorized under a WPDES permit unless identified by the Public Works Department as a significant source of pollutants to waters of the state.
INDUSTRIAL ACTIVITY
Activities subject to WPDES industrial permits per Ch. NR 216 and Ch. 283, Wis. Stats.
MAXIMUM EXTENT PRACTICABLE (MEP)
A level of implementing management practices in order to achieve a performance standard or other goal which takes into account the best available technology, cost-effectiveness and other competing issues such as human safety and welfare, endangered and threatened resources, historic properties and geographic features.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
As defined in Wisconsin Administrative Code Ch. NR 216, means a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all the following criteria:
A. 
Owned or operated by a municipality.
B. 
Designed or used for collecting or conveying stormwater.
C. 
Which is not a combined sewer conveying both sanitary and stormwater.
D. 
Which is not part of a publicly owned wastewater treatment works that provides secondary or more stringent treatment.
MUNICIPALITY
Any city, Town, village, county, county utility district, Town sanitary district, Town utility district, school district or metropolitan sewage district or any other public entity created pursuant to law and having authority to collect, treat or dispose of sewage, industrial wastes, stormwater or other wastes.
NONSTORMWATER DISCHARGE
Any discharge to the MS4 that is not composed entirely of stormwater.
OUTFALL
The point at which stormwater is discharged to waters of the state or to a storm sewer.
OWNER
Any person holding fee title, an easement or other interest in property.
PERSON
An individual, owner, operator, corporation, partnership, association, municipality, interstate agency, state agency or federal agency.
POLLUTANT
As defined in Ch. 283, Wis. Stats., means any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
POLLUTION
As defined in Ch. 283, Wis. Stats., means any man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water.
POLLUTION PREVENTION
Taking measures to eliminate or reduce pollution.
PREMISES
Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
STORMWATER
Runoff from precipitation including rain, snow, ice melt or similar water that moves on the land surface via sheet or channelized flow.
STORMWATER MANAGEMENT PLAN/STORMWATER POLLUTION PREVENTION PLAN
A document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to waters of the state or the MS4 to the maximum extent practicable.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
WATERCOURSE
A natural or artificial channel through which water flows. These channels include: all blue and dashed blue lines on the USGS quadrangle maps, all channels shown on the soils maps in the NRCS soils book for Outagamie County, all channels identified on the site, and new channels that are created as part of a development. The term "watercourse" includes waters of the state as herein defined.
WATERS OF THE STATE
As defined in Ch. 283, Wis. Stats., means those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within the state or under its jurisdiction, except those waters which are entirely confined and retained completely upon the property of a person.
WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) STORMWATER DISCHARGE PERMIT
A Wisconsin pollutant discharge elimination system permit issued pursuant to Wisconsin Statute 283.

§ 255-17 Applicability.

This article shall apply to all water and discharges entering waters of the state or the MS4 generated on any lands unless explicitly exempted by the Public Works Department.

§ 255-18 Responsibility for administration.

The Public Works Department shall administer, implement, and enforce the provisions of this article. Any powers granted or duties imposed upon the Public Works Department may be delegated in writing by the Director of the Public Works Department to persons or entities acting in the beneficial interest of or in the employ of the authorized enforcement agency.

§ 255-19 Compatibility with other regulations.

This article is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this article are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

§ 255-20 Ultimate responsibility.

The standards set forth herein and promulgated pursuant to this article are minimum standards; therefore, this article does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants.

§ 255-21 Discharge prohibitions.

A. 
Prohibition of illicit discharges. No person shall throw, dump, spill, drain, or otherwise discharge, cause, or allow others under its control to throw, dump, spill, drain, or otherwise discharge into waters of the state or the MS4 any pollutants or waters containing any pollutants, other than stormwater.
B. 
Allowed discharges.
(1) 
Water line flushing, landscape irrigation, diverted stream flows, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air-conditioning condensation, irrigation water, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, and discharges authorized under a WPDES permit unless identified by the Public Works Department as a significant source of pollutants to waters of the state.
(2) 
Discharges or flow from firefighting, and other discharges specified in writing by the Public Works Department as being necessary to protect public health and safety.
(3) 
Discharges associated with dye testing; however, this activity requires a verbal notification to the Public Works Department and the Department of Natural Resources a minimum of one business day prior to the time of the test.
(4) 
Any nonstormwater discharges permitted under a construction activity permit, industrial activity permit, or WPDES permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Public Works Department prior to allowing discharges to waters of the state or the MS4.
C. 
Prohibition of illicit connections.
(1) 
The construction, use, maintenance or continued existence of illicit connections to waters of the state or the MS4 is prohibited.
(2) 
This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(3) 
A person is considered to be in violation of this article if the person connects a line conveying sewage to waters of the state or the MS4 or allows such a connection to continue.
(4) 
Improper connections in violation of this article must be disconnected and redirected, if necessary, to an approved on-site wastewater management system or the sanitary sewer system upon approval of the Public Works Department.
(5) 
Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to waters of the state or the MS4, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the Public Works Department requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the Public Works Department.

§ 255-22 Watercourse protection.

Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of soil erosion, trash, debris, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

§ 255-23 Compliance monitoring.

A. 
Right of entry; inspecting and sampling. The Public Works Department shall be permitted to enter and inspect properties and facilities subject to regulation under this article as often as may be necessary to determine compliance with this article.
(1) 
If a property or facility has security measures in force which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to representatives of the Public Works Department.
(2) 
Facility owners and operators shall allow the Public Works Department ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records.
(3) 
The Public Works Department shall have the right to set up on any property or facility such devices as are necessary in the opinion of the Public Works Department to conduct monitoring and/or sampling of the facility's stormwater discharge.
(4) 
The Public Works Department has the right to require the owner or operator to install monitoring equipment as necessary, and make the monitoring data available to the Public Works Department. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(5) 
Any temporary or permanent obstruction to safe and easy access to the property or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the Public Works Department and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator.
(6) 
Unreasonable delays in allowing the Public Works Department access to a facility is a violation of this article. A person who is the operator of a facility commits an offense if the person denies the Public Works Department reasonable access to the facility for the purpose of conducting any activity authorized or required by this article.
B. 
Special inspection warrant. If the Public Works Department has been refused access to any part of the premises from which stormwater is discharged, and the Public Works Department is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the Public Works Department may seek issuance of a special inspection warrant per § 66.0119, Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 255-24 Prevention, control, and reduction of stormwater pollutants by using best management practices.

The owner or operator of any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into waters of the state or the MS4 through the use of structural and nonstructural BMPs. Further, any person responsible for a property or premises, that is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to waters of the state or the MS4. Compliance with all terms and conditions of a valid permit authorizing the discharge of stormwater associated with industrial activity or construction activity, to the maximum extent practicable, shall be deemed compliance with the provisions of this section.

§ 255-25 Notification of spills.

A. 
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the MS4, or waters of the state, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release, so as to minimize the impacts of the discharge.
B. 
In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services, and shall also notify the Public Works Department. In the event of a release of nonhazardous materials, said person shall notify the Public Works Department in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Public Works Department within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least five years.
C. 
Failure to provide notification of a release as provided above is a violation of this article.

§ 255-26 Violations, enforcement, and penalties.

A. 
Violations.
(1) 
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. Any person who has violated or continues to violate the provisions of this article may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.
(2) 
In the event the violation constitutes an immediate danger to public health or public safety, the Public Works Department is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation. The Public Works Department is authorized to seek costs of the abatement as outlined in § 255-39.
B. 
Warning notice. When the Public Works Department finds that any person has violated, or continues to violate, any provision of this article, or any order issued hereunder, the Public Works Department may serve upon that person a verbal or written warning notice specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in the subsection shall limit the authority of the Public Works Department to take action, including emergency action or any other enforcement action without first issuing a warning notice.
C. 
Notice of violation. Whenever the Public Works Department finds that a person has violated a prohibition or failed to meet a requirement of this article, the Public Works Department may order compliance by written notice of violation to the responsible person.
(1) 
The notice of violation shall contain:
(a) 
The name and address of the alleged violator;
(b) 
The address, when available, or a description of the building, structure or land upon which the violation is occurring or has occurred;
(c) 
A statement specifying the nature of the violation;
(d) 
A description of the remedial measures necessary to restore compliance with this article and a time schedule for the completion of such remedial action;
(e) 
A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
(f) 
A statement that the determination of violation may be appealed to the Public Works Department by filing a written notice of appeal within three business days of service of notice of violation; and
(g) 
A statement specifying that, should the violator fail to restore compliance within the established time schedule, representatives of the Public Works Department may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this article. The Public Works Department may go on the land and commence the work after issuing the notice of intent. The Public Works Department is authorized to seek costs of the abatement as outlined in § 255-39.
(2) 
Such notice may require, without limitation:
(a) 
The performance of monitoring, analyses, and reporting;
(b) 
The elimination of illicit connections or discharges;
(c) 
That violating discharges, practices, or operations shall cease and desist;
(d) 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(e) 
Payment of a fine to cover administrative and remediation costs; and
(f) 
The implementation of BMPs.
D. 
Suspension of MS4 access.
(1) 
Emergency cease-and-desist orders.
(a) 
When the Public Works Department finds that any person has violated, or continues to violate, any provision of this article, or any order issued hereunder, or that the person's past violations are likely to recur, and that the person's violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the state which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the Public Works Department may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to:
[1] 
Immediately comply with all ordinance requirements; and
[2] 
Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge.
(b) 
Any person notified of an emergency order directed to it under this subsection shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger's failure to immediately comply voluntarily with the emergency order, the Public Works Department may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the state, and/or endangerment to persons or to the environment, including immediate termination of a facility's water supply, sewer connection, or other municipal utility services. The Public Works Department may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the Public Works Department that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this article. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful discharge and the measures taken to prevent any future occurrence to the Public Works Department within 30 days of receipt of the prerequisite for taking any other action against the violator.
(2) 
Suspension due to illicit discharges in emergency situations. The Public Works Department may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the state. If the violator fails to comply with a suspension order issued in an emergency, the Public Works Department may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the state, or to minimize danger to persons.
(3) 
Suspension due to the detection of illicit discharge.
(a) 
Any person discharging to the MS4 in violation of this article may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The Public Works Department will notify a violator of the proposed termination of its MS4 access.
(b) 
A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the Public Works Department.
(4) 
Prosecution and penalties.
(a) 
Any person violating any provision of this article shall be subject to a forfeiture of not less than $25 nor more than $500 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.
(b) 
Compliance with the provisions of this article 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.

§ 255-27 Appeals.

A. 
Board of Appeals. The Board of Appeals created pursuant to Article XXXII of Chapter 320, Zoning, and pursuant to § 60.65, Wis. Stats.:
(1) 
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Public Works Department in administering this article except for cease-and-desist orders obtained under § 255-36D(1);
(2) 
Upon appeal, 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 provisions of the ordinance will result in unnecessary hardship; and
(3) 
Shall use rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.
B. 
Who may appeal. Appeals to the Board of Appeals may be taken by any aggrieved person or by any office, department, board, or bureau of the Town of Greenville affected by any decision of the Public Works Department.

§ 255-28 Enforcement measures after appeal.

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, the appropriate authority upheld the decision of the Public Works Department, then representatives of the Public Works Department may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this article. The Public Works Department may go on the land and commence the work after issuing the notice of intent. The Public Works Department is authorized to seek costs of abatement as outlined in § 255-39. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.

§ 255-29 Cost of abatement of violation.

The costs of the work performed by the Public Works Department pursuant to this article, plus interest at the rate authorized by the Public Works Department, shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Subch. VII of Ch. 66, Wis. Stats.

§ 255-30 Violations deemed a public nuisance.

Any condition in violation of any of the provisions of this article and declared and deemed a nuisance may be summarily abated or restored at the violator's expense.

§ 255-31 Remedies not exclusive.

A. 
The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the Public Works Department to seek cumulative remedies.
B. 
The Public Works Department may recover all attorney's fees court costs and other expenses associated with enforcement of this article, including sampling and monitoring expenses.