[Amended 3-16-2004 by Ord. No. 1157; 9-21-2004 by Ord. No.
1168; 11-30-2021 by Ord. No. 1478]
A.
This article is adopted by the Common Council under the authority
granted by § 62.234, Wis. Stats. This article supersedes
all provisions of an ordinance previously enacted under § 62.23,
Wis. Stats., that relate to stormwater management regulations. Except
as otherwise specified in § 62.234, Wis. Stats., § 62.23,
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 Common Council hereby designates the City Engineer 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.
The Common Council acknowledges 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:
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, drainage ways, and other minor drainage facilities.
A.
Purpose. The general purpose of this article is to establish long-term,
post-construction 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; and control
increases in the scouring and transportation of particulate matter.
(4)
Minimize the amount of pollutants discharged from the separate storm
sewer to protect the waters of the state.
B.
Intent. It is the intent of the Common Council that this article
regulates post-construction stormwater discharges to waters of the
state. This article may be applied on a site-by-site basis. The Common
Council 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 Common
Council, it is the intent of this article that the approved stormwater
management plan be used to identify post-construction management measures
acceptable for the community.
A.
Applicability.
(1)
Except as provided under Subsection A(2), this article applies to a post-construction site whereupon one acre or more of land-disturbing construction activity occurs during construction.
(2)
A site that meets any of the criteria in this subsection is exempt
from the requirements of this article:
(a)
A post-construction site with less than 10% connected imperviousness,
based on the area of land disturbance, provided the cumulative area
of all impervious surfaces is less than one acre. However, the exemption
of this subsection does not include exemption from the protective
area standard of this article.
(b)
Agricultural facilities and practices.
(c)
Underground utility construction, but not including the construction
of any aboveground structures associated with utility construction.
(3)
Notwithstanding the applicability requirements in Subsection A(1), this article applies to post-construction sites of any size that, as determined by the City Engineer, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, causes undue channel erosion, or increases water pollution by scouring or the transportation of particulate matter.
B.
Jurisdiction. This article applies to post construction sites within
the boundaries and jurisdiction of the City of St. Francis.
C.
Exclusions. This article is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.
As used in this article, the following terms shall have the
meanings indicated:
Maintenance of sufficient vegetation types and densities
such that the physical integrity of the streambank or lakeshore is
preserved. Self-sustaining vegetative cover includes grasses, forbs,
sedges and duff layers of fallen leaves and woody debris.
A governmental employee or a regional planning commission
empowered under § 62.234, Wis. Stats., that is designated
by the Common Council to administer this article.
Has the meaning given in § 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 in 2013.
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.
A day the office of the City Engineer is routinely and customarily
open for business.
A court-issued order to halt land-disturbing construction
activity that is being conducted without the required permit or in
violation of the permit issued by the City of St. Francis.
The City of St. Francis.
The City Attorney of St. Francis.
A system for conveying both sanitary sewage and stormwater
runoff.
City of St. Francis Common Council.
An impervious surface that is directly connected to a separate
storm sewer 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 roads.
The creation from one parcel of four or more parcels or building
sites of 1 1/2 or less acres each in area where such creation
occurs at one time or through the successive partition within a five-year
period.
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.
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.
All land-disturbing 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.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantee submitted to the City by the
responsible party to assure that requirements of this article are
carried out in compliance with the stormwater management plan.
Common Council.
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 existing development.
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,
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. "Land-disturbing
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 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.
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
Located outside the property boundary described in the permit
application.
Located within the property boundary described in the permit
application.
Has the meaning given in § NR 115.03(6), Wis. Adm.
Code.
Waters listed in § NR 102.10, Wis. Adm. Code.
The percentage of a given sample of soil which passes through
a No. 200 sieve. [Note to users: Percent fines can be determined using
the American Society for Testing and Materials, Volume 04.02, Test
Method C117-95, Standard Test Method for Materials Finer than 75 mm
(No. 200) Sieve in Material Aggregates by Washing. Copies can be obtained
by contacting the American Society for Testing and Materials, 100
Barr Harbor Drive, Conshohocken, PA 19428-2959, or phone 610-832-9585,
or on line at http://www.astm.org.]
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the City to the applicant
to conduct land-disturbing construction activity or to discharge post-construction
runoff to waters of the state.
A sum of money paid to the administering authority by the
permit applicant for the purpose of recouping the expenses incurred
by the authority in administering the permit.
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.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
A construction site following the completion of land-disturbing
construction activity and final site stabilization.
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.
Has the meaning given in § NR 140.05(17), Wis.
Adm. Code.
Areas where development is replacing older development.
Any entity holding fee title to the property or other person
contracted or obligated by other agreement to implement and maintain
post-construction stormwater best management practices.
Stormwater or precipitation, including rain, snow or ice
melt or similar water, that moves on the land surface via sheet or
channelized flow.
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:
The entire area included in the legal description of the
land on which the land-disturbing construction activity occurred.
An order issued by the City Engineer or designee which requires
that all construction activity on the site be stopped.
Comprehensive plan designed to reduce the discharge of pollutants
from stormwater after the site has undergone final stabilization following
completion of the construction activity.
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
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. The Type II curve is applicable to all of Wisconsin
and represents the most intense storm pattern.
Has the meaning given in § 281.01(18), Wis. Stats.
Maximum extent practicable applies when a person who is subject
to a performance standard of this article demonstrates to the administering
authority's satisfaction that a performance standard is not achievable
and that a lower level of performance is appropriate. In making the
assertion that a performance standard is not achievable and that a
level of performance different from the performance standard is the
maximum extent practicable, the responsible party shall take into
account 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.
The following methods shall be used in designing the water quality,
peak discharge and infiltration components of stormwater practices
needed to meet the water quality standards of this article:
A.
Consistent with the technical standards identified, developed or
disseminated by the Wisconsin Department of Natural Resources under
Subchapter V of Chapter NR 151, Wis. Adm. Code.
B.
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 City
Engineer.
A.
Responsible party. The responsible party shall comply with this section.
B.
Stormwater management plan. A written stormwater management plan in accordance with § 393-9 shall be developed and implemented for each post-construction site.
C.
Maintenance of effort. 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 responsible party shall meet the total
suspended solids reduction, peak flow control, infiltration, and protective
areas standards applicable to the older development or meet the redevelopment
standards of this article, whichever is more stringent.
D.
Requirements. The stormwater management plan required under Subsection B shall include the following:
(1)
Total suspended solids. BMPs shall be designed, installed and maintained
to control total suspended solids carried in runoff from the post-construction
site as follows:
(a)
BMPs shall be designed in accordance with Table 1 or to the maximum extent practicable as provided in Subsection D(1)(b). The design shall be based on an average annual rainfall, as compared to no runoff management controls.
|
Table 1
TSS Reduction Standards
| |
|---|---|
|
Development Type
|
TSS Reduction
|
|
New development
|
80%
|
|
Infill development
|
80%
|
|
Redevelopment
|
40% of load from parking areas and roads
|
(b)
Maximum extent practicable. If the design cannot meet a total
suspended solids reduction performance standard of Table 1, 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 be reduced only
to the maximum extent practicable.
(c)
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.
(2)
Peak discharge.
(a)
By design, BMPs shall be employed to maintain or reduce the
one-year, twenty-four-hour, and the two-year, twenty-four-hour post-construction
peak runoff discharge rates to the one-year, twenty-four-hour; and
the two-year, twenty-four-hour predevelopment peak runoff discharge
rates respectively, or to the maximum extent practicable. The runoff
curve numbers in Table 2 shall be used to represent the actual predevelopment
conditions. Peak discharges shall be calculated using TR-55 runoff
curve number methodology, Atlas 14 precipitation depths, and the appropriate
NRCS Wisconsin MSE3 or MSE4 precipitation distribution. On a case-by-case
basis, the City Engineer may allow the use of TP-40 precipitation
depths and the Type II distribution.
|
Table 2
Maximum Predevelopment Runoff Curve Numbers
| ||||
|---|---|---|---|---|
|
Runoff Curve
|
Hydrologic Soil Group
| |||
|
A
|
B
|
C
|
E
| |
|
Woodland
|
30
|
55
|
70
|
77
|
|
Grassland
|
39
|
61
|
71
|
78
|
|
Cropland
|
55
|
69
|
78
|
83
|
(b)
This subsection of this article does not apply to any of the
following:
(3)
Infiltration.
(a)
Best management practices. BMPs shall be designed, installed,
and maintained to infiltrate runoff in accordance with the following
or to the maximum extent practicable:
[1]
Low imperviousness. For development up to 40% connected, imperviousness,
such as 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 appropriate
infiltration systems to meet this requirement, no more than 1% of
the post-construction site is required as an effective infiltration
area.
[2]
Moderate imperviousness. For development with more than 40%
and up to 80% connected imperviousness, such as 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 appropriate infiltration
systems to meet this requirement, no more than 2% of the post-construction
site is required as an effective infiltration area.
[3]
High imperviousness. For development with more than 80% connected
imperviousness, such as 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 appropriate infiltration systems
to meet this requirement, no more than 2% of the post-construction
site is required as an effective infiltration area.
(b)
Predevelopment. The predevelopment condition shall be the same
as specified in Table 2 of the peak discharge section of this article.
(c)
Source areas.
[1]
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 the conditions identified in § 393-7D(3)(f):
[a]
Areas associated with a Tier 1 industrial facility
identified in § NR 216.21(2)(a), Wis. Adm. Code, including
storage, loading and parking. Rooftops maybe infiltrated with the
concurrence of the regulatory authority.
[b]
Storage and loading areas of a Tier 2 industrial
facility identified in § NR 216.21(2)(b), Wis. Adm. Code.
[c]
Fueling and vehicle maintenance areas. Runoff from
rooftops of fueling and vehicle maintenance areas may be infiltrated
with the concurrence of the regulatory authority.
[2]
Exemptions. Runoff from the following areas may be credited
toward meeting the requirement when infiltrated, but the decision
to infiltrate runoff from these source areas is optional:
[a]
Parking areas and access roads less than 5,000
square feet for commercial development.
[b]
Parking areas and access roads less than 5,000
square feet for industrial development not subject to the prohibitions
under Subsection D(3)(c)[2][a].
[d]
Infill development areas less than five acres.
[e]
Roads on commercial, industrial and institutional
land uses, and arterial residential roads.
(d)
Location of practices.
[1]
Prohibitions. Infiltration practices may not be located in the
following areas:
[a]
Areas within 1,000 feet up-gradient or within 100
feet downgradient of direct conduits to groundwater.
[b]
Areas within 400 feet of a community water system
well as specified in § NR 811.16(4), Wis. Adm. Code, or
within the separation distances listed in § NR 812.08, Wis.
Adm. Code, for any private well 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.
[c]
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.
[2]
Separation distances.
[a]
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 Area
|
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
|
|
Roofs draining to subsurface infiltration practices
|
1 or more
|
Native or engineered soil with particles finer than coarse sand
|
|
Roofs draining to surface infiltration practices
|
Not applicable
|
Not applicable
|
|
All other impervious source areas
|
3 or more
|
Filtering layer
|
[b]
Notwithstanding Subsection D(3)(d)[1][b], applicable
requirements for injection wells classified under Ch. NR 815 Wis.
Adm. Code, shall be followed.
[3]
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:
[a]
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 scientifically credible field test method.
[b]
Where the least permeable soil horizon to five
feet below the proposed bottom of the infiltration system using the
U.S. 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.
(e)
Alternate use. Where alternate uses of runoff are employed,
such as for toilet flushing, laundry, or 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.
(f)
Groundwater standards.
[1]
Infiltration systems designed in accordance with this section
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 D(3)(f)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
(g)
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 in accordance with Subsection D(3)(f). Pretreatment options may include, but are not limited to, oil and grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(4)
Protective areas.
(a)
Definition. In this section, "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 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.
[1]
For outstanding resource waters and exceptional resource waters:
75 feet.
[2]
For perennial and intermittent streams identified on a U.S.
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 wetlands not subject to Subsection D(4)(a)[5] or [6]: 50 feet.
[5]
For highly susceptible wetlands: 75 feet. Highly susceptible
wetlands include the following types: 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 wetland dominated by invasive species such as reed
canary grass; cultivated hydric soils; and any gravel pits, or dredged
material or fill material disposal sites that take on the attributes
of a wetland.
[7]
In Subsection D(4)(a)[4] to [6], 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.
[8]
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 wetland fill, the protective area standard need not be
met in that location.
[9]
For concentrated flow channels with drainage areas greater than
130 acres, 10 feet.
[10]
Notwithstanding Subsection D(4)(a)[1] to [9], the greatest protective area width shall apply where rivers, streams, lakes and wetlands are contiguous.
(b)
Applicability. This section applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection D(4)(d).
(c)
Requirements. The following requirements shall be met:
[1]
Impervious surfaces shall be kept out of the protective area
entirely or to the maximum extent practicable. If there is no practical
alternative to locating an impervious surface in the protective area,
the stormwater management plan shall contain a written, site-specific
explanation.
[2]
Where land-disturbing construction activity occurs within a
protective area, adequate sod or self-sustaining vegetative cover
of 70% or greater shall be established and maintained where no impervious
surface is present. 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]
BMPs such as filter strips, swales, or wet detention ponds,
that are designed to control pollutants from non-point 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 water such as boat landings,
bridges, and culverts.
[4]
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.
[5]
Areas of post-construction sites from which the runoff does
not enter the surface water, including wetlands, without first being
treated by a BMP to meet the local ordinance requirements for total
suspended solids and peak flow reduction, except to the extent that
vegetative ground cover is necessary to maintain bank stability.
(5)
Fueling and maintenance areas. Fueling and vehicle maintenance areas
shall have BMPs designed, installed, and maintained to reduce petroleum
within runoff, so that the runoff that enters waters of the state
contains no visible petroleum sheen, or to the maximum extent practicable.
(6)
Swale treatment for transportation facilities.
(a)
Requirement. Except as provided in Subsection D(6)(b), transportation facilities that use swales for runoff conveyance and pollutant removal are exempt from the requirements of local ordinance requirements for peak flow control, total suspended solids control, and infiltration, if the swales are designed to do all of the following or to the maximum extent practicable:
[1]
Swales shall 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]
Swales shall comply with Sections V.F. (Velocity and Depth)
and V.G. (Sale Geometry Criteria) with a swale treatment length as
long as that specified in Section V.C. (Pre-Treatment) of the Wisconsin
Department of Natural Resources Technical Standard 1005 "Vegetated
Infiltration Swales," dated May 2007, or a superseding document. Transportation
facility swale treatment does not have to comply with other sections
of Technical Standard 1005.
(b)
Other requirements.
[1]
Notwithstanding Subsection D(6)(a), the City Engineer may, consistent with water quality standards, require that other requirements, in addition to 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 the state that the runoff directly enters is one of the following:
[a]
An outstanding resource water.
[b]
An exceptional resource water.
[c]
Waters listed in Section 303(d) of the Federal
Clean Water Act that are identified as impaired in whole or in part,
due to non-point source impacts.
[d]
Water where targeted performance standards are
developed pursuant to § NR 151.004, Wis. Adm. Code.
[2]
The transportation facility authority shall contact the City
to determine if additional BMPs beyond a water quality swale are needed
under this subsection.
E.
General considerations for stormwater management measures. The following
considerations shall be observed in on-site and off-site runoff management:
(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.
F.
BMP location.
(1)
To comply with the performance standards required under § 393-7 of this article, 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 City Engineer may approve off-site management measures provided
that all of the following conditions are met:
(a)
The City Engineer determines that the post-construction runoff
is covered by a stormwater management system plan that is approved
by the City of St. Francis 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.
(3)
Where a regional treatment option exists such that the City Engineer
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 City Engineer.
In determining the fee for post-construction runoff, the City Engineer
shall consider an equitable distribution of the cost for land, engineering
design, construction, and maintenance of the regional treatment option.
G.
Additional requirements. The City Engineer may establish stormwater
management requirements more stringent than those set forth in this
article if the City Engineer determines that the requirements are
needed to control stormwater quantity or control flooding, comply
with federally approved total maximum daily load requirements, or
control pollutants associated with existing development or redevelopment.
A.
Permit required. No responsible party may undertake a land-disturbing
construction activity without receiving a post-construction runoff
permit from the City Engineer 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
City Engineer a permit application made on a form provided by the
City 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 § 393-7 and § 393-9, the maintenance agreement shall be prepared to meet the requirements of § 393-10, the financial guarantee shall meet the requirements of § 393-11, and fees shall be those established by the Common Council as set forth in § 393-12.
C.
Permit application review and approval. The City Engineer 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, shall inform the applicant whether the application, stormwater management plan and maintenance agreement are approved or disapproved based on the requirements of this article.
(2)
If the stormwater permit application, stormwater management plan
and maintenance agreement are approved, or if an agreed upon payment
of fees in lieu of stormwater management practices is made, the City
Engineer shall issue the permit.
(3)
If the stormwater permit application, stormwater management plan
or maintenance agreement is disapproved, the City Engineer shall detail,
in writing, the reasons for disapproval.
(4)
The City Engineer may request additional information from the applicant.
If additional information is submitted, the City Engineer shall have
20 business days from the date the additional information is received
to inform the applicant that the stormwater management plan and maintenance
agreement are either approved or disapproved.
(5)
Failure by the City Engineer 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 City Engineer may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the City Engineer to suspend or revoke this permit may be appealed in accordance with § 393-14.1.
(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 City Engineer, in writing, at least three business days before commencing any construction work in conjunction with the stormwater management plan and, in writing, within five 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 City Engineer so that practice installations can be inspected during construction.
(4)
Practice installations required as part of this article shall be
certified as-built or record drawings by a licensed professional engineer.
Completed stormwater management practices must pass a final inspection
by the City Engineer or his or her designee to determine if they are
in accordance with the approved stormwater management plan and this
article. The City Engineer or his or her 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 City Engineer of any significant
modifications it intends to make to an approved stormwater management
plan. The City Engineer 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 City of St. Francis or are
transferred to subsequent private owners as specified in the approved
maintenance agreement.
(7)
The responsible party authorizes the City Engineer 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 Subchapter VII of Ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 393-11.
(8)
If so directed by the City Engineer, the responsible party shall
repair at the responsible party's own expense all damage to adjoining
municipal facilities and drainage ways 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 City Engineer
or his or her 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 City Engineer may require the responsible party to make
appropriate legal arrangements with affected property owners concerning
the prevention of endangerment to property or public safety.
A.
Stormwater management plan requirements. The stormwater management plan required under § 393-7B shall contain at a minimum the following information:
(1)
Name, address, and telephone number for the following or their designees:
landowner; developer; project engineer for practice design and certification;
person(s) responsible for installation of stormwater management practices;
and person(s) responsible for maintenance of stormwater management
practices prior to the transfer, if any, of maintenance responsibility
to another party.
(2)
A proper legal description of the property proposed to be developed,
referenced to the U.S. Public Land Survey system or to block and lot
numbers within a recorded land subdivision plat.
(3)
Predevelopment site conditions, including:
(a)
One or more site maps at a scale of not less than one inch equals
10 feet. The site maps shall show the following: site location and
legal property description; predominant soil types and hydrologic
soil groups; existing cover type and condition; topographic contours
of the site at a scale not to exceed 500 feet; topography and drainage
network, including enough of the contiguous properties to show runoff
patterns onto, through, and from the site; watercourses that may affect
or be affected by runoff from the site; flow path and direction for
all stormwater conveyance sections; watershed boundaries used in hydrology
determinations to show compliance with performance standards; lakes,
streams, wetlands, channels, ditches, and other watercourses on and
immediately adjacent to the site; limits of the 100-year floodplain;
location of well and wellhead protection areas covering the project
area and delineated pursuant to § NR 811.16, Wis. Adm. Code.
(b)
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. All major assumptions used
in developing input parameters shall be clearly stated. The geographic
areas used in making the calculations shall be clearly cross-referenced
to the required map(s).
(4)
Post-development site conditions, including:
(a)
Explanation of the provisions to preserve and use natural topography
and land cover features to minimize changes in peak flow runoff rates
and volumes to surface waters and wetlands.
(b)
Explanation of any restrictions on stormwater management measures
in the development area imposed by wellhead protection plans and ordinances.
(c)
One or more site maps at a scale of not less than one inch equals
10 feet showing the following: post construction pervious areas, including
vegetative cover type and condition; impervious surfaces, including
all buildings, structures, and pavement; post-construction topographic
contours of the site at a scale not to exceed 500 feet; post-construction
drainage network, including enough of the contiguous properties to
show runoff patterns onto, through, and from the site; locations and
dimensions of drainage easements; locations of maintenance easements
specified in the maintenance agreement; flow path and direction for
all stormwater conveyance sections; location and type of all stormwater
management conveyance and treatment practices, including the on-site
and off-site tributary drainage area; location and type of conveyance
system that will carry runoff from the drainage and treatment practices
to the nearest adequate outlet such as a curbed street, storm drain,
or natural drainage way; watershed boundaries used in hydrology and
pollutant loading calculations and any changes to lakes, streams,
wetlands, channels, ditches, and other watercourses on and immediately
adjacent to the site.
(d)
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. The computations shall be made
for each discharge point in the development, and the geographic areas
used in making the calculations shall be clearly cross-referenced
to the required map(s).
(e)
Results of investigations of soils and groundwater required
for the placement and design of stormwater management measures. Detailed
drawings including cross sections and profiles of all permanent stormwater
conveyance and treatment practices.
(5)
A description and installation schedule for the stormwater management practices needed to meet the performance standards in § 393-7.
(6)
A maintenance plan developed for the life of each stormwater management
practice, including the required maintenance activities and maintenance
activity schedule.
(7)
Cost estimates for the construction, operation, and maintenance of
each stormwater management practice.
(8)
Other information requested, in writing, by the City Engineer to
determine compliance of the proposed stormwater management measures
with the provisions of this article.
(9)
All site investigations, plans, designs, computations, and drawings
shall be certified by a licensed professional engineer to be prepared
in accordance with accepted engineering practice and requirements
of this article.
A.
Maintenance agreement required. The maintenance agreement required under § 393-8B for stormwater management practices and shall be an agreement between the City 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 § 393-9A(7):
(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 plan required under § 393-8B.
(3)
Identification of the responsible party(s), 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 § 393-8B.
(4)
Requirement that the responsible party(s), 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 City Engineer 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 City Engineer 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 City Engineer of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the City Engineer.
(8)
Authorization of the City Engineer to perform the corrective 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 City Clerk/Treasurer shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subchapter VII of Ch. 66, Wis. Stats.
A.
Establishment of the guarantee. The Common Council requires the submittal
of a financial guarantee, the form and type of which shall be acceptable
to the Common Council. The financial guarantee shall be in an amount
determined by the City Engineer 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 Common Council 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 City Engineer
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 Common Council shall release the portion of the financial guarantee
established under this section, less any costs incurred by the City
to complete installation of practices, upon submission of as-built
plans or record drawings by a licensed professional engineer. The
Common Council may make provisions for a partial pro rata release
of the financial guarantee based on the completion of various development
stages.
(2)
The Common Council shall release the portion of the financial guarantee
established under this section to assure maintenance of stormwater
practices, less any costs incurred by the City, at such time that
the responsibility for practice maintenance is passed on to another
entity via an approved maintenance agreement.
The fees referred to in other sections of this article shall
be established by the Common Council and may, from time to time, be
modified by resolution. A schedule of the fees established by the
Common Council shall be available for review in the City Clerk/Treasurer's
office.
A.
ILLICIT CONNECTION
ILLICIT DISCHARGE
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
Definitions. For the purposes of this article, the following terms
shall be defined as follows:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system,
including, but not limited to, any conveyances that allow any nonstormwater
discharge, including sewage, process wastewater, and wash water to
enter the storm drain system and any connection(s) to the storm drain
system from indoor drain(s) and sink(s), regardless of whether said
drain or connection had been allowed, permitted, or approved by a
government agency, prior to the adoption of this article.
Any direct or indirect nonstormwater discharge to the City of St. Francis municipal separate storm sewer system (MS4) except as exempted in § 393-13B(2).
Publicly owned facilities by which stormwater is collected
and/or conveyed, including, but not limited to, any road(s) with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
Any individual, association, organization, partnership, firm,
corporation, or other entity recognized by law and acting as either
the owner or as the owner's agent.
B.
Illicit discharge prohibitions.
(1)
No person shall discharge, or cause to be discharged, into the City's
MS4 any materials, including, but not limited to, pollutants or waters
(other than stormwater) containing any pollutants that cause or contribute
to a violation of applicable water quality standards.
(2)
Exemptions. The commencement, conduct, or continuance of any discharge
to the storm drain system is prohibited except as described as follows:
(a)
The following discharges are exempt from discharge prohibitions
established by this article: water-line flushing or other potable
water sources, landscape irrigation or lawn watering; diverted stream
flows, rising groundwater, groundwater infiltration to storm drains,
uncontaminated pumped groundwater, foundation or footing drains (not
including active groundwater dewatering systems), crawl-space pumps,
air-conditioning condensation, springs, noncommercial washing of vehicles,
natural riparian habitat or wetland flows, swimming pools (if dechlorinated
typically less than one PPM chlorine), fire-fighting activities and
any other water source not containing pollutants.
(b)
Discharge(s) specified, in writing, by the City Engineer as
being necessary to protect public health and safety.
(c)
Dye testing is an allowable discharge but requires a verbal
notification to the City Engineer prior to the time of the test.
(d)
The prohibition shall not apply to any nonstormwater discharge
permitted under a WPDES permit, waiver or waste discharge order issued
to the discharger and administered under the authority of the Wisconsin
Department of Natural Resources, provided that the discharger is in
full compliance with all requirements of the permit, waiver or order
and other applicable laws and regulations, and; further, provided,
that written approval has been granted for any discharge to the storm
drain system.
C.
Illicit connections prohibited. The construction, use, maintenance,
or continued existence of illicit connections to the City's MS4
is prohibited. This prohibition expressly includes, without limitation,
illicit connections made prior to the adoption of this article regardless
of whether the connection(s) was permissible under law or practice
applicable or prevailing at the time of connection.
D.
Suspension of MS4 access.
(1)
Suspension due to illicit discharges in emergency situations. The
City Engineer may, without prior notice, suspend MS4 discharge access
to a person when, in the opinion of the City Engineer, such suspension
is necessary to stop an actual or threatened discharge that presents,
or may present, imminent and substantial danger to the environment,
the health, safety, or welfare of persons, the MS4, or to waters of
the State of Wisconsin. If the violator fails to comply with a suspension
order issued in an emergency, the City Engineer may take steps as
deemed necessary to prevent or minimize damage to the MS4 or waters
of the state of Wisconsin, or to minimize danger to persons.
(2)
Suspension due to the detection of illicit discharge. 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 City Engineer will notify a violator of the proposed termination of its MS4 access. The violator may appeal the decision of the City Engineer under § 393-14.1.
E.
Monitoring of illicit discharges.
(1)
The City Engineer shall be permitted to enter and inspect facilities
subject to regulation under this article as often as may be necessary
to determine compliance with this article.
(2)
Facility operators shall allow the City Engineer ready access to
all parts of the premises for the full purposes of inspection, sampling,
examination any copying of records that must be kept under conditions
of a WPDES permit to discharge stormwater and the performance of any
additional duties as defined by state and federal law.
(3)
Unreasonable delays in allowing the City Engineer access to a permitted
facility is a violation of a stormwater discharge permit and of this
article. A person who is the operator of a facility with a WPDES permit
to discharge stormwater associated with industrial activity commits
an offense if the person denies the City Engineer reasonable access
to the permitted facility for the purpose of conducting any activity
authorized or required by this article.
(4)
If the City Engineer has been refused access to any part of the premises
from which stormwater is discharged, and he/she is able to demonstrate
probable cause to believe that there may be a violation of this chapter,
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 and welfare of the community, then the City
Engineer may, with the assistance of the City Attorney, seek a special
inspection warrant from a court having jurisdiction.
F.
Requirement to prevent, control and reduce stormwater pollutants
by the use of best management practices (BMPs). The owner or operator
of a commercial or industrial establishment shall provide, at their
own expense, reasonable protection from accidental discharge of prohibited
materials or other waste into the City's MS4 through the use
of these structural and nonstructural BMPs. Further, any person responsible
for a property or premises may be required to implement, at said person's
expense, additional structural and nonstructural BMPs to prevent the
further discharge of pollutants to the municipal separate storm sewer
system.
G.
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
trash, debris, excessive vegetation 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 structure within or adjacent to a watercourse so that
structures will not become a hazard to the use, function, or physical
integrity of the watercourse.
H.
Notification of spills. Notwithstanding other requirements of law,
as soon as any person responsible for a facility or its operation,
or responsible for emergency response for a facility or its operation,
has information of any known or suspected release of materials which
are resulting, or may result in, illegal discharge(s) or pollutant(s)
into stormwater, the storm drain system or waters of the State of
Wisconsin, said person shall take all necessary steps to ensure the
discovery, contaminant and cleanup of such release, including, but
not limited to, as follows:
(1)
In the event of such a release of hazardous materials, said person
shall immediately notify emergency response agencies of the occurrence
via the City's emergency dispatch services.
(2)
In the event of a relapse of nonhazardous materials, said person
shall notify the City Engineer in person or by phone, email, or facsimile
no later than the next business day. Notification in person or by
phone shall be confirmed by written notice addressed and mailed to
the City Engineer within three business days of the phone notice.
(3)
If the discharge of prohibited material 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 three years.
I.
Illicit discharge enforcement.
(1)
Whenever the City Engineer has reason to believe that a person has
violated a prohibition or failed to meet a requirement of this section,
the City Engineer may order compliance by written notice of violation
to the responsible person. Such notice may require without limitation:
(2)
If the violation(s) is likely to result in damage to properties,
public facilities or waters of the state, the City Engineer may enter
the land and take corrective actions necessary to prevent such damage.
The costs incurred by the City Engineer, plus interest and legal costs,
shall be paid by the responsible party.
A.
Any land-disturbing construction activity or post-construction runoff
initiated after the effective date of this article by any person,
firm, association, or corporation subject to the provisions of this
article shall be deemed a violation unless conducted in accordance
with the requirements of this article.
B.
The City Engineer shall notify the responsible party by mail of any
noncomplying land-disturbing construction activity or post-construction
runoff. The notice shall describe the nature of the violation, remedial
actions needed, a schedule for remedial action, and additional enforcement
action which may be taken.
C.
Upon receipt of written notification from the City Engineer under Subsection B, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this article. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the City Engineer 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 City Engineer may enter the land and take emergency
actions necessary to prevent such damage. The costs incurred by the
City, plus interest and legal costs, shall be billed to the responsible
party.
E.
The City Engineer 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 City Attorney to obtain a cease-and-desist
order in any court with jurisdiction.
F.
The City Engineer may revoke a permit issued under this article for
noncompliance with the provisions of this article.
G.
Any permit revocation, stop-work order, or cease-and-desist order
shall remain in effect unless retracted by the City Engineer or by
a court with jurisdiction.
H.
The City Engineer 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 City Attorney for the commencement of further
legal proceedings in any court with jurisdiction.
I.
Every violation of this article is a public nuisance.
J.
Any person, firm, association, or corporation who does not comply
with the provisions of this article shall be subject to a forfeiture
of not less than $100 nor more than $1,000 per offense, together with
the costs of prosecution. Each day of each violation exists shall
constitute a separate offense.
K.
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.
L.
When the City Engineer 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 City Engineer or a party designated by the City Engineer 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 stormwater management plan. The City Engineer 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 § 393-11 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 for the year in which the work is completed.
A.
Board of Appeals. The Board of Appeals created pursuant to section § 17-5 of this Code pursuant to § 62.23(7)(e), Wis. Stats., shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the City Engineer 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 City affected by any decision of the City Engineer.
