[HISTORY: Adopted by the Village Board of the Village of
Pleasant Prairie 6-6-2016 by Ord.
No. 16-16.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch.
298, Stormwater Management and Stormwater Drainage System Facilities,
adopted 4-2-2007 by Ord. No. 07-11, as amended.
A.
This chapter is adopted by the Village of Pleasant Prairie under
the authority granted by § 61.354, Wis. Stats. Except as
otherwise specified in § 61.354, Wis. Stats., § 61.35,
Wis. Stats., applies to this chapter and to any amendments to this
chapter.
B.
The provisions of this chapter are deemed not to limit any other
lawful regulatory powers of the Village.
C.
The requirements of this chapter do not preempt more stringent stormwater
management requirements that may be imposed by any of the following:
(1)
Wisconsin Department of Natural Resources (DNR) 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 DNR under § NR 151.004, Wis. Adm. Code.
(3)
Village-approved or -adopted stormwater management plans for specific
areas or watersheds or as otherwise authorized in this chapter.
A.
Intent. The Village Board finds that uncontrolled post-construction
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
post-construction runoff can:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
(2)
Diminish the capacity of lakes and streams to support fish, aquatic
life, and recreational and water supply uses by increasing pollutant
loading of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
(3)
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads.
(4)
Reduce the quality of groundwater by increasing pollutant loading.
(5)
Threaten public health, safety, property and general welfare by increasing
major flood peaks and volumes.
(6)
Threaten public health, safety, property and general welfare by overtaxing
stormwater drainage system(s), storm sewers, drainageways, and other
minor drainage facilities.
(7)
Undermine floodplain management efforts by increasing the incidence
and levels of flooding.
B.
Purpose. The general purpose of this chapter is to establish long-term,
post-construction runoff management requirements that will diminish
the threats to public health, safety, welfare and aquatic environment.
Specific purposes are to:
(1)
Maintain 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)
Maintain 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.
(4)
Regulate post-construction stormwater discharges to waters of the
state or other waterways in the Village.
A.
Jurisdiction. This chapter applies to all lands and waters within
the boundaries of the Village of Pleasant Prairie as well as all lands
located within the supervised drainage basin area within the Village
of Bristol pursuant to the 1997 Settlement and Cooperation Agreement.
B.
Applicability. This chapter applies to all land divisions and development pursuant to Chapter 395, Land Division and Development Control; all developments pursuant to Article IX, Site and Operational Plan Review, Chapter 420, Zoning Ordinance; and all other development and land disturbance activities that require an erosion control permit pursuant to Chapter 381, Construction Site Maintenance and Erosion Control, that meet applicability criteria specified in this chapter.
(1)
A post-development construction site that has one or more acres of
land disturbance construction activity.
(2)
Land development activity that involves an increase of 1/2 acre or
more of impervious surface but less than 1.0 acre of land development
activity.
(3)
Post-construction sites of any size that, as determined by the Village,
are likely to result in stormwater runoff which exceeds the safe capacity
of existing drainage facilities, storage facilities or receiving body
of water; contributes to a known downstream stormwater problem; causes
undue channel erosion; increases water pollution by scouring or transportation
of particulate matter; or endangers property or public health.
As used in this chapter, the following terms shall have the
meanings indicated:
The Settlement and Cooperative Agreement entered into by
and between the Village of Pleasant Prairie, the Pleasant Prairie
Water Utility, the Pleasant Prairie Sewer Utility District D, the
Pleasant Prairie Sewer Utility District 1 and the Pleasant Prairie
Sewer Utility District F and the Town of Bristol, the Town of Bristol
Utility District No. 3, the Town of Bristol Utility District No. 5
and the Town of Bristol Water Utility District.
Maintenance of sufficient vegetation types and densities
such that the physical integrity of the stream bank or lakeshore is
preserved. Self-sustaining vegetative cover includes grasses, forbs,
sedges and duff layers of fallen leaves and woody debris.
Defined pursuant to § 281.16, Wis. Stats.
The National Oceanic and Atmospheric Administration NOAA)
Atlas 14 Precipitation-Frequency Atlas of the United States. Volume
8 (Midwestern States), published for the location closest to the municipality.
A typical calendar year of precipitation as determined by
the Wisconsin Department of Natural Resources for users of models
such as WinSLAMM, P8 or equivalent methodology. The average annual
rainfall is chosen from a department publication for the location
closest to the municipality.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or pollutants carried
in runoff to waters of the state or other waterways in the Village.
A day the office of the Village is routinely and customarily
open for business.
A system for conveying both sanitary sewage and stormwater
runoff.
An impervious surface that is directly connected to a stormwater
drainage system or water of the state via an impervious flow path.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
Residential, commercial, industrial or institutional land
uses and associated public and private roadways.
Wells, sinkholes, swallets, fractured bedrock at the surface,
mine shafts, nonmetallic mines, tile inlets discharging to groundwater,
quarries, or depressional groundwater recharge areas over shallow
fractured bedrock.
The DNR, in accordance with § NR 151.31, Wis. Adm.
Code, approved Stormwater Construction and Post-Construction Technical
Standards. These standards are documents that specify the minimum
requirements needed to plan, design, install and maintain a wide array
of conservation practices aimed at preserving the land and water resources
of Wisconsin. They are based on current research, field experience,
the best available technology.
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.
The process by which the land's surface is worn away by the
action of wind, water, ice or gravity.
Waters listed in § NR 102.11, Wis. Adm. Code.
All land disturbance construction activities at the construction
site have been completed and 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.
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.
An undeveloped area of land located within an existing urban
sewer service area, surrounded by development or development and natural
or man-made features where development cannot occur.
The entry of precipitation or runoff into or through the
soil.
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,
the redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices, such as swales or roadside channels, designed for
conveyance and pollutant removal only.
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 swallets.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state or other
waterways in the Village. Land disturbance construction activity includes
clearing and grubbing, demolition, excavating, pit trench dewatering,
filling and grading activities.
A legal document that provides for long-term maintenance
of stormwater management practices.
A level of implementing best management practices (BMPs)
in order to achieve a performance standard specified in this chapter
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.
This provides flexibility to the Village Engineer in evaluating ways
to meet the performance standards and which may vary on a case-by-case
basis depending on the performance standard and site conditions.
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
A specific precipitation distribution developed by the United
States Department of Agriculture, Natural Resources Conservation Service,
using precipitation data from Atlas 14.
Located outside the property boundary described in the permit
application.
Located within the property boundary described in the permit
application.
Defined pursuant to § NR 115.03(6), Wis. Adm. Code.
Waters listed in § NR 102.10, Wis. Adm. Code.
Any person holding title to or having interest in land.
The percentage of a given sample of soil, which passes through
a No. 200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
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.
Defined pursuant to § 283.01(13), Wis. Stats.
Defined pursuant to § 281.01(10), Wis. Stats.
A construction site following the completion of land disturbance
construction activity and final site stabilization inspected and approved
by the Village.
The extent and distribution of land cover types present before
the initiation of land disturbance construction activity, provided
that all land uses prior to development activity are managed in an
environmentally sound manner.
Defined pursuant to § NR 140.05(17), Wis. Adm.
Code.
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 widths stated in § 298-8B, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. However, in this chapter "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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Areas where development is replacing older development.
Stormwater or precipitation, including rain, snow or ice
melt, or similar water that moves on the land surface via sheet or
channelized flow.
Activities including tree nursery operations, tree harvesting
operations, reforestation, tree thinning, prescribed burning, and
pest and fire control. Clearing and grubbing of an area of a construction
site or other development activity is not a silviculture activity.
The entire area included in the legal description of the
land on which the land disturbance construction activity occurred.
An order issued by the Village which requires that all construction
activity on the site be stopped.
A part of the stormwater drainage system which consists of
a pipe or conduit for collecting and or conveying stormwater runoff
or unpolluted water.
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: is designed or used for collecting water or conveying runoff;
is not part of a combined sewer system; and discharges directly or
indirectly to waters of the state or other waterways in the Village.
A comprehensive plan designed to address stormwater management
and performance standards of a specific site or overall development
area.
A comprehensive plan designed to address stormwater management
and performance standards and goals on a regional or municipal scale.
Pursuant to the 1997 Settlement and Cooperation Agreement,
those portions of the Village of Bristol within the drainage basins
tributary to the Village of Pleasant Prairie, as defined on Attachment
G of the 1997 Settlement and Cooperation Agreement on file with the
Village Clerk.
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.
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.
A rainfall type curve as established in the "United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published 1973."
Defined pursuant to § 281.01(18), Wis. Stats.
Maximum extent practicable applies when a person who is subject
to a performance standard of this chapter demonstrates, in writing,
with engineering rationale and data, to the Village Engineer's satisfaction,
that a performance standard is not achievable and that a lower level
of performance is appropriate. In demonstrating that a performance
standard is not achievable and that a level of performance different
from the performance standard is the maximum extent practicable, the
best available technology, cost effectiveness, geographic features,
and other competing interests such as protection of public safety
and welfare, protection of endangered and threatened resources, and
preservation of historic properties shall be taken into account.
The following methods shall be used in designing and meeting
the performance standards for the stormwater management plan:
A.
Department of Natural Resources (DNR) technical standards identified,
developed, or disseminated by the DNR under Subchapter V of Ch. NR
151, Wis. Adm. Code.
B.
Where DNR technical standards have not been identified or developed
by the DNR, other technical standards may be used, provided that the
methods have been approved by the Village.
C.
Technical engineering standards administered and/or approved by the
Village.
D.
For the purposes of this chapter, the following year and location
have been selected as average annual rainfall: Milwaukee 1969 (March
28 to December 6).
A.
Peak runoff discharge standards.
(1)
By design, the peak flow discharge rates of stormwater runoff under
the post-development conditions shall be controlled and reduced as
follows:
(a)
One-hundred-year, twenty-four-hour, post-development peak runoff
discharge shall not exceed the lesser of:
[1]
Three tenths cubic feet per second (cfs) per acre; or
[2]
Ten-year, twenty-four-hour, predevelopment peak runoff discharge;
or
[3]
Maximum hydraulic capacity of existing downstream conveyance
facilities as determined by the Village or peak discharge requirements
of Village-adopted stormwater management plans for specific areas
or watersheds where applicable.
(b)
Two-year, twenty-four-hour, post-development peak runoff discharges
shall not exceed the lesser of:
(c)
One-year, twenty-four-hour, post-development peak runoff discharge
shall not exceed:
[1]
One-year, twenty-four-hour, pre-developed peak runoff discharge,
or to the maximum extent practicable.
(d)
The runoff curve numbers in Table 1 shall be used to represent
pre-developed conditions. Other land covers shall assume "good hydrologic
conditions" as identified in TR-55 or an equivalent methodology.
|
Table 1. Maximum Predevelopment Runoff Curve Numbers
| ||||
|---|---|---|---|---|
|
Cover Type
|
Curve numbers for hydrologic soil group
| |||
|
A
|
B
|
C
|
D
| |
|
Woodland
|
30
|
55
|
70
|
77
|
|
Grassland
|
39
|
61
|
71
|
78
|
|
Cropland
|
55
|
69
|
77
|
80
|
(e)
Peak discharge shall be calculated using Atlas 14 precipitation
depths and NRCS MSE3 precipitation distribution.
(2)
Peak runoff discharge standards do not apply to any of the following:
(a)
Development activities located in sites riparian to Lake Michigan
where site runoff is directly discharged into Lake Michigan and where
the Village Engineer, or designee, has determined that bluff erosion
protection has been appropriately provided.
(b)
Construction of recreational trails, if the trail width is 10
feet or less, and the trail has continuous buffer at least five feet
wide on each side, disregarding interruption by streets, driveways,
or other impervious surfaces crossing the trail.
(c)
Residential infill where the lot or development area is less
than five acres, the development is exclusively residential, the net
increase in the area of impervious surface is less than 20% of the
area of the site, each boundary of the site is contiguous to sites
that contain earlier development at the time the Village receives
the plans for the new development and it is determined by the Village
Engineer, or designee, that meeting the peak discharge performance
standard would be impracticable or a hardship and said development
would not adversely affect downstream drainage conditions.
(d)
A redeveloped post-construction site except as provided in § 298-7F, if the impervious area of the redevelopment is not increased from existing conditions and it is determined by the Village Engineer that meeting the peak discharge performance standards would be impracticable or a hardship. Otherwise, it is the intent that redevelopment sites incorporate peak runoff discharge performance standards whenever possible.
B.
Runoff quality performance standards.
(1)
BMPs shall be designed, installed, and maintained to control total
suspended solids carried in runoff from the post-construction site
in accordance with Table 2 or to the maximum extent practicable. The
design shall be based on an average annual rainfall, as compared to
no runoff management controls.
|
Table 2. TSS Reduction Standards
| |
|---|---|
|
Development Type
|
TSS Reduction
|
|
New development
|
80%
|
|
Infill development
|
80%
|
|
Redevelopment
|
40% of load from parking areas and roads
|
(2)
Exemption for TSS reduction: A post-development site with less than
ten-percent connected imperviousness based on complete development
of the post-construction site, provided that the cumulative area of
all impervious surfaces is less than one acre. This does not include
an exemption from protective area standards.
(3)
Maximum extent practicable. If the design cannot meet a total suspended
solids reduction performance standard of Table 2, the stormwater management
plan shall include a written, site-specific explanation of why the
total suspended solids reduction performance standard cannot be met
and why the total suspended solids load will only be reduced to the
maximum extent practicable.
(4)
Off-site drainage. When designing BMPs, runoff draining to the BMP
from off site shall be taken into account in determining the treatment
efficiency of the practice. Any impact on the efficiency shall be
compensated for by increasing the size of the BMP accordingly.
(5)
Fueling and vehicle maintenance areas. Fueling and vehicle maintenance
areas (of any size) 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 or other
waterways in the Village contains no visible petroleum sheen.
C.
Infiltration standards.
(1)
Best management practices. BMPs shall be designed, installed, and
maintained to infiltrate runoff in accordance with the following or
to the maximum extent practicable:
(a)
Low imperviousness. For development up to forty-percent connected
imperviousness, such as, but not limited to, parks, cemeteries, and
low-density residential development, infiltrate sufficient runoff
volume so that the post-development infiltration volume shall be at
least 90% of the predevelopment infiltration volume, based on an average
annual rainfall. However, when designing infiltration systems to meet
this requirement, no more than 1% of the post-construction site is
required as an effective infiltration area.
(b)
Moderate imperviousness. For development with more than forty-percent
and up to eighty-percent connected imperviousness, such as, but not
limited to, medium- and high-density residential, multifamily development,
industrial and institutional development, and office parks, infiltrate
sufficient runoff volume so that the post-development infiltration
volume shall be at least 75% of the predevelopment infiltration volume,
based on an average annual rainfall. However, when designing infiltration
systems to meet this requirement, no more than 2% of the post-construction
site is required as an effective infiltration area.
(c)
High imperviousness. For development with more than eighty-percent
connected imperviousness, such as, but not limited to, commercial
strip malls, shopping centers, and commercial downtowns, infiltrate
sufficient runoff volume so that the post-development infiltration
volume shall be at least 60% of the predevelopment infiltration volume,
based on an average annual rainfall. However, when designing infiltration
systems to meet this requirement, no more than 2% of the post-construction
site is required as an effective infiltration area.
(3)
Source areas.
(a)
Prohibitions. Runoff from the following areas may not be infiltrated
and may not qualify as contributing to meeting the requirements of
this section unless demonstrated to meet groundwater standards:
[1]
Areas associated with Tier 1 industrial facility identified
in § NR 216.21(2)(a), Wis. Adm. Code, including storage,
loading and parking. Rooftops may be infiltrated with the concurrence
of the Village and WDNR.
[2]
Storage and loading areas of a Tier 2 industrial facility identified
in § NR 216.21(2)(b), Wis. Adm. Code.
[3]
Fueling and vehicle maintenance areas. Runoff from rooftops
of fueling and vehicle maintenance areas may be infiltrated with the
concurrence of the Village and DNR.
(b)
Exemptions. Runoff from the following areas may be credited
toward meeting the requirement when infiltrated, but the decision
to infiltrate these source areas is optional:
[1]
Parking areas and access roads less than 5,000 square feet for
commercial development.
[2]
Parking areas and access roads less than 5,000 square feet for industrial development not subject to the prohibitions under Subsection C(3)(a) above.
[4]
Infill development areas less than five acres.
[5]
Roads on commercial, industrial and institutional land uses
and arterial residential roads.
(4)
Location of practices.
(a)
Prohibitions. Infiltration practices may not be located in the
following areas:
[1]
Areas within 1,000 feet up gradient or within 100 feet down
gradient of direct conduits of groundwater.
[2]
Areas within 400 feet of a community water system well as specified
in § NR 811.16(4), Wis. Adm. Code, or within separation
distances listed in § NR 812.08, Wis. Adm. Code, for any
private wells or noncommunity well for runoff infiltrated from commercial,
including multifamily residential, industrial and institutional land
uses or regional devices for one- and two-family residential development.
[3]
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.
(b)
Separation distances.
[1]
Infiltration practices shall be located so that the characteristics
of the soil and the separation distance between the bottom of the
infiltration system and the elevation of seasonal high groundwater
or the top of bedrock are in accordance with Table 3.
|
Table 3. Separation Distances and Soil Characteristics
| ||
|---|---|---|
|
Source Areas
|
Separation Distance
(feet)
|
Soil Characteristics
|
|
Industrial, commercial, institutional parking lots and roads
|
5 or more
|
Filtering layer
|
|
Residential arterial roads
|
5 or more
|
Filtering layer
|
|
Roof draining to subsurface infiltration practices
|
1 or more
|
Native or engineered soil with particles finer than coarse sand
|
|
Roof draining to subsurface infiltration practices
|
Not applicable
|
Not applicable
|
|
All other impervious source areas
|
3 or more
|
Filtering layer
|
[2]
Applicable requirements for injection wells classified under
Ch. NR 815, Wis. Adm. Code, shall be followed.
(c)
Infiltration rate exemptions. Infiltration practices located
in the following areas may be credited toward meeting the requirements
under the following conditions, but the decision to infiltrate under
these conditions is optional:
[1]
Where the infiltration rate of the soil measured at the proposed
bottom of the infiltration system is less than 0.6 inch per hour using
a scientific credible field test method.
[2]
Where the least permeable soil horizon to five feet below the
proposed bottom of the infiltration system using the United States
Department of Agriculture method of soils analysis is one of the following:
sandy clay loam, clay loam, silty clay loam, sandy clay, silty clay,
or clay.
(5)
Alternate use. Where alternate uses of runoff are employed, such
as toilet flushing, laundry, irrigation, or storage on green roofs
where an equivalent portion of the runoff is captured permanently
by rooftop vegetation, such alternate use shall be given equal credit
toward the infiltration volume required by this section.
(6)
Groundwater standards.
(a)
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 preventative 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 preventative
action limit is not achievable, the infiltration BMP may not be installed
or shall be modified to prevent infiltration to the maximum extent
practicable.
(b)
The discharge from BMPs shall remain below the enforcement standard
at the point of standards application.
(7)
Pretreatment. 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. Pretreatment options may include,
but are not limited to, oil/grease separation, sedimentation, biofiltration,
filtration, swales or filter strips.
D.
Swale treatment for transportation facilities.
(1)
"Transportation facilities" in this section means a highway, a railroad,
a public mass transit facility, a public-use airport, public trail,
or harbor improvements. "Transportation facilities" does not include
building or development sites.
(2)
Transportation facilities that use swales for runoff conveyance and
pollutant removal are exempt from the requirements for total suspended
solids control, and infiltration, if the swales are designed to do
all of the following or to the maximum extent practicable:
(a)
Swales shall be vegetated; however, where appropriate, nonvegetative
measures may be employed to prevent erosion or provide runoff treatment,
such as rock riprap stabilization or check dams.
(3)
Other requirements.
(a)
The Village may, consistent with water quality standards, require
other requirements, in addition to the swale treatment, be met on
a transportation facility with an average daily traffic rate greater
than 2,500 and where the initial surface water of state that the runoff
directly enters is one of the following:
(b)
The transportation facility authority shall contact the Village
to determine if additional BMPs beyond a water quality swale are needed
under this subsection.
E.
Stormwater management plan. A written stormwater management plan in accordance with Chapter 405 of the Village Code shall be developed and implemented for each post-construction site.
F.
Redevelopment (maintenance of effort).
(1)
For redevelopment sites where the redevelopment will be replacing
older development that was subject to post-construction performance
standards of Ch. NR 151, Wis. Adm. Code, in effect on or after October
1, 2004, the site shall meet the total suspended solids reduction,
peak flow control, infiltration, and protective area standards applicable
to the older development or meet the redevelopment standards of this
chapter, whichever is more stringent.
G.
BMP locations.
(1)
BMPs may be located on site or off site as part of a regional stormwater
device, practice, or system but shall be installed in accordance with
§ NR 151.003, Wis. Adm. Code.
(2)
The Village may approve off-site management measures, provided that
all of the following conditions are met:
(a)
The Village determines that the post-construction runoff is
covered by a stormwater system plan that is approved by the Village
and that contains management requirements consistent with the purpose
and intent of this chapter.
(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 chapter.
[3]
The facility is covered by a valid post-development stormwater
discharge permit per the requirements of this chapter and has a legally
obligated entity responsible for its long-term operation and maintenance.
[4]
The on-site property is either part of an association or legal
entity responsible for the long-term operation and maintenance of
the off-site facility or has a Village-approved recorded agreement
with the off-site facility owner regarding the use of the off-site
facility to meet post-construction runoff performance standards.
H.
Additional requirements. The Village may establish stormwater requirements
more stringent than those set forth in this chapter, provided that
at least one of the following conditions applies:
(1)
The Village Engineer, or designee, determines that a higher level
of protection from flooding is required to protect public health and
safety.
(2)
The Village Engineer, or designee, determines that a higher level
of protection is needed to protect sensitive natural resources.
(3)
The Village Engineer, or designee, determines that more restrictive
discharge controls are needed due to limiting capacities of downstream
conveyance or storage facilities.
A.
Definition. "Protective area" has the definition per § 298-4; however, in this section, "protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, so that runoff cannot enter the enclosure at this location.
B.
Protective areas. The following are minimum standards for protective
areas for water quality; however, the Village may impose greater limits
based on site-specific information:
(1)
For outstanding resource waters and exceptional resource waters:
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 concentrated flow channels with drainage areas greater than 130
acres: 10 feet.
(5)
For highly susceptible wetlands: 75 feet. Highly susceptible wetlands
include calcareous fens, sedge meadows, open and coniferous bogs,
low prairies, coniferous swamps, lowland hardwood swamps, and ephemeral
ponds.
(6)
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, cultivated hydric soils, and any gravel pits, dredged
material, or fill material disposal sites that take on the attributes
of a wetland.
(8)
The 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, Wis. Adm. Code.
(9)
Wetland boundary delineation shall be made in accordance with § NR
103.08(1m), Wis. Adm. Code. This subsection does not apply to wetlands
that have been completely filled in compliance with all applicable
state and federal regulations. The protective area for wetlands that
have been partially filled in compliance with all applicable state
and federal regulations shall be measured from the wetland boundary
delineation after a fill has been placed. Where there is a legally
authorized fill, the protective area standard need not be met in that
location.
(10)
The greatest protective area width shall apply where rivers,
streams, lakes, and wetlands are contiguous.
C.
Requirements. The following requirements shall be met:
(1)
Impervious surfaces shall be kept out of the protective area or 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 disturbance 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 the
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)
BMPs, such as filter strips, swales, or wet detention basins, which
are designed to control pollutants from nonpoint sources, may be located
in the protective area.
D.
Exemptions. This section does not apply to any of the following:
(2)
Infill development areas less than five acres.
(3)
Structures that cross or access surface waters, such as boat landings,
bridges, and culverts.
(4)
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.
(5)
Post-construction sites from which runoff does not enter the protective
area's surface water, including wetlands, without first being treated
by a BMP to meet requirements for total suspended solids and peak
flow reduction, except to the extent that vegetative ground cover
is necessary to maintain bank stability.
A.
Approval. All stormwater management and stormwater drainage system
facilities plans shall be reviewed for compliance with this chapter,
all other applicable federal, state and Village laws and regulations.
If said plans comply with all specified requirements, the Village
Engineer, or designee, shall approve said plans in writing.
C.
Maintenance agreement and access and maintenance easement.
(1)
Maintenance agreement. A maintenance agreement is required for the
maintenance of all stormwater management and stormwater drainage system
facilities consistent with the stormwater management plan which is
approved and constructed in accordance with this chapter. The maintenance
agreement shall be approved by the Village and be based on the maintenance
plan developed for the life of each stormwater management practice,
including the required maintenance activities and maintenance activity
schedule as required by this chapter.
(2)
Access and maintenance easement. The owner is required to dedicate
an access and maintenance easement to the Village for all stormwater
management and stormwater drainage system facilities approved and
constructed in accordance with this chapter. This easement shall be
in the form of a dedicated stormwater drainage access and maintenance
easement provided on a certified survey map, final plat or other recordable
document.
(a)
Access and maintenance easements shall be prepared by the Village,
executed by the owner and recorded at the Kenosha County Register
of Deeds office, at the owner's expense, prior to issuance of the
required erosion control permit. Said access and maintenance easement
shall be binding upon all subsequent landowners.
(b)
Access and maintenance easement provisions. The easement shall,
at a minimum, include the following information and provisions:
[1]
Legal description and identification of the stormwater facilities.
[2]
Identification of the owner responsible for ongoing maintenance
of the stormwater facilities.
[3]
Maintenance agreement plan and provisions.
[4]
Authorization for the Village to access the property to conduct
inspections of stormwater practices as necessary to ascertain that
the practices are being maintained and operated in accordance with
the agreement.
[5]
Authorization of the Village to perform corrected actions if
the owner does not maintain or operate the system in accordance with
the agreement and Village-approved plans.
[6]
Agreement that the owner shall be responsible for all costs
associated with the construction and maintenance of the stormwater
facilities as required by this chapter and all other applicable federal,
state and Village requirements.
A.
Erosion control permit.
(1)
Only upon written approval of a stormwater management and stormwater drainage facilities plan from the Village Engineer, or designee, an erosion control permit application can be filed and issued by the Village pursuant to Chapter 381, Land Disturbance, Construction Site Maintenance and Erosion Control, and this section. All applicable permit fees and deposits pursuant to Chapter 381 shall be paid by the owner prior to commencing work.
(a)
It shall be the duty of the owner to review and accept the terms
and conditions of any erosion control permit before commencement of
the work pursuant to such permit. Commencement pursuant to an erosion
control permit automatically constitutes acceptance of the permit
and waives any right to appeal or challenge the permit decision, the
permit or any condition thereof. Any erosion control permit not accepted
prior to commencement may be suspended by the Village Engineer, or
designee, or revoked or voided by the Village Engineer, or designee.
(b)
The Village Engineer, or designee, may place reasonable conditions
on said permit to ensure compliance with this chapter and all other
applicable federal, state and Village laws and regulations as listed
below.
[1]
The owner is responsible to comply with all other applicable
federal, state, and Village laws and regulations.
[2]
The owner shall install all structural and nonstructural stormwater
management measures in accordance with the approved stormwater management
plan and/or drainage plans.
[3]
If a stormwater management and drainage plan involves changes
in direction, increases in peak rate and/or total volume of runoff
from a site, the Village may require the owner to make appropriate
legal arrangements with adjacent property owner(s) concerning the
prevention of endangerment to property or public safety.
[4]
Upon completion of the project, "as-built" drawings and documents shall be submitted in accordance with Chapter 405 of the Village ordinances.
[5]
Additional conditions as specified in Chapter 381, Land Disturbance, Construction Site Maintenance and Erosion Control, of the Code.
[6]
Any other conditions deemed appropriate by the Village Engineer,
or designee, to conform with this chapter.
(c)
Modifications. Any modifications to an approved stormwater management
and/or drainage plan or an erosion control permit shall be approved
by the Village Engineer, or designee, in writing. Upon review of any
modifications, the Village Engineer, or designee, may require additional
conditions be added to the erosion control permit to comply with this
chapter.
(d)
Inspections. The owner shall permit Village employees and its
consultants access to the property during the construction of the
stormwater facilities for inspecting the property for compliance with
the approved stormwater management and drainage plan and the erosion
control permit. At a minimum, the Village shall conduct a final inspection
to ensure compliance with the approved stormwater management and drainage
plan and all provisions of this chapter.
(e)
Enforcement; violations and penalties. The Village shall notify the owner in writing of any violations of the erosion control permit and a reasonable time frame to remedy any such violations. If the owner does not comply with the requested corrected actions, the Village shall follow § 381-12 related to enforcement and violations and penalties.
B.
Post-construction stormwater discharge permit: Class 1.
(2)
All stormwater facilities designed to convey stormwater runoff and
meet the performance standards of this chapter or other stormwater
management criteria required by the Village for the development of
the property shall have a valid post-construction stormwater discharge
permit on file with the Village to ensure that the owner is maintaining
the stormwater facilities in accordance with this chapter and any
other applicable federal, state or Village laws or requirements.
(3)
Discharge permits shall have valid coverage periods with an expiration
date of September 1 of years multiple by five (i.e., 2020, 2025, 2030,
etc.), the first coverage period ending September 1, 2020. On or before
June 1 of the expiration year, the property owner shall provide a
discharge permit application to the Village for the subsequent coverage
period.
(4)
The discharge permit shall include, at a minimum, the following information:
(a)
Identification of the stormwater facilities and designation
of the drainage area served by the facilities.
(b)
Owner's name, address, telephone number, facsimile number and
e-mail address.
(c)
Name, address, telephone number, facsimile number and e-mail
address of the owner's representative, if applicable.
(d)
A maintenance schedule being performed by the owner of the stormwater
facilities.
(e)
A report of the facility condition(s) based on the maintenance
schedule and inspections completed during the permit coverage period.
(f)
Any additional information necessary to ensure compliance with
this chapter and any other applicable federal, state or Village requirements.
(5)
For a Class I permit, the Village will perform one inspection of
permitted stormwater management pond(s) per permit coverage period
and report findings to the facility owner. The inspection is at no
cost to the owner, and the inspection may be used as partial fulfillment
of facility inspection requirements by the owner.
(6)
Review and approval of discharge permit. The Village shall review
the application and notify the owner of any deficiencies or other
information needed to ensure compliance with this chapter and any
other applicable federal, state or Village laws or requirements.
C.
Post-construction stormwater discharge permit: Class 2.
(1)
Class 2 permit. Pertains to existing stormwater facilities that were designed for post-development stormwater management but do not have a maintenance agreement nor an access and maintenance easement per § 298-9 of this chapter.
(2)
All stormwater facilities designed to convey stormwater runoff and
meet the performance standards of this chapter or other stormwater
management criteria required by the Village for the development of
the property shall have a valid post-construction stormwater discharge
permit on file with the Village to ensure that the owner is maintaining
the stormwater facilities in accordance with this chapter and any
other applicable federal, state or Village laws or requirements.
(3)
Discharge permits shall have valid coverage period with an expiration
date of September 1 of years multiple by five (i.e., 2020, 2025, 2030,
etc.), the first coverage period ending September 1, 2020. On or before
June 1 of the expiration year, the property owner shall provide a
discharge permit application to the Village for the subsequent coverage
period.
(4)
The discharge permit shall include, at a minimum, the following information:
(a)
Identification of the stormwater facilities and designation
of the drainage area served by the facilities.
(b)
Owner's name, address, telephone number, facsimile number and
e-mail address.
(c)
Name, address, telephone number, facsimile number and e-mail
address of the owner's representative, if applicable.
(d)
A maintenance schedule being performed by the owner of the stormwater
facilities.
(e)
A report of the facility condition(s) based on the maintenance
schedule and inspections completed during the permit coverage period.
(f)
Any additional information necessary to ensure compliance with
this chapter and any other applicable federal, state or Village requirements.
(5)
For a Class 2 permit, the owner shall provide a certified copy of
a stormwater facility inspection report prepared by a Wisconsin-registered
licensed professional engineer for each permit coverage period. The
inspection report shall include an evaluation of the stormwater drainage
system performance, conditions, structural integrity, and measures
needed and/or taken to maintain the drainage system and management
practices as necessary and to verify that the stormwater facilities
are compliant with this chapter, Village-approved plans, and all applicable
federal, state, or Village laws or requirements.
(6)
Option to transfer from Class 2 to Class 1 permit.
(a)
The owner will have the option to apply for a Class 2 permit
upon providing the Village with the following:
(7)
Review and approval of discharge permit. The Village shall review
the application and notify the owner of any deficiencies or other
information needed to ensure compliance with this chapter and any
other applicable federal, state or Village laws or requirements.
(8)
Permit fee. Post-construction discharge permit, Class 2: as established
in the Village Fee Schedule.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Inspections of Stormwater Management and Drainage Facilities. The
Village is authorized to access the property and shall conduct inspections,
surveillance, and monitor the stormwater drainage system and discharge
outfalls to assess system performance and water quality of stormwater
facilities and management practices as necessary to verify that the
stormwater facilities are compliant with this chapter and all applicable
federal, state or Village laws or requirements.
The following methods of enforcement in any combination thereof
are authorized against any landowner or responsible party that is
found to be in violation of any provision of this chapter:
A.
Stop-work order. The Village may issue a stop-work order if the work
being done does not comply with Village standards, is not being done
correctly, does not have required approvals or permits from the Village
or other agencies having jurisdiction, or is deemed unsafe to the
public.
B.
Compliance order. The Village shall notify the owner in writing of
any noncomplying activity. The compliance order shall describe the
nature of the violation, remedial actions needed, a schedule of remedial
action, and additional enforcement action that may be taken.
C.
Forfeiture. Any person violating any of the provisions of this chapter
is subject to a forfeiture of not less than $50 nor more than $1,000
and the costs of prosecution for each violation. Each day a violation
exists shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
If the violations are likely to result in damage to private properties,
public facilities, waters of the state or other waterways in the Village,
the Village may take emergency actions necessary to prevent such damage.
E.
The owner or responsible party is responsible for any costs incurred
by the Village to bring the violation into compliance with any compliance
order. The Village shall mail an invoice for any such work to the
owner or responsible party. All invoices shall be paid within 30 days.
For invoices not paid within 30 days, there is a penalty of 1.5% per
month due on the unpaid invoice balance, along with an additional
10% penalty if the outstanding invoice, interest, and penalty are
placed on the tax roll (a lien against the property). The right of
the Village to assess a lien against the property shall be one of
the remedies available to the Village but shall not be the exclusive
remedy. The Village may also sue for a money judgment for any invoices
which are past due.
F.
The Village may seek enforcement of violations of this chapter through
a court of equity located in Kenosha County.
The following shall constitute a public nuisance and may be
prosecuted as a violation by the Village or by any aggrieved property
owners:
A.
Any development, redevelopment, or property land division that is
commenced without an approved stormwater management plan as required
by this chapter.
B.
Any stormwater facility not maintained in accordance with this chapter
and the required discharge permit.
C.
Any activity that adversely impacts surface water or groundwater
quality or endangers the health, safety or welfare of the public.
D.
Any property owner that does not obtain an active discharge permit
pursuant to this chapter or comply with the requirements of such permit.
If any section, clause, provision or portion of this chapter
is judged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of the chapter shall remain in force and not be affected
by such judgment.
