Village of Pleasant Prairie, WI
Kenosha County
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Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Clean Water Utility — See Ch. 148.
Quarries and nonmetallic mining operations — See Ch. 270.
Sewers — See Ch. 285.
Illicit discharges and unauthorized connections to storm sewer system — See Ch. 297, Art. I.
Stormwater storage facilities — See Ch. 300.
Streets and sidewalks — See Ch. 305.
Land disturbance, construction site maintenance and erosion control — See Ch. 381.
Land division and development control — See Ch. 395.
Design standards and construction specifications — See Ch. 405.
Zoning Ordinance — See Ch. 420.
[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Editor’s Note: This ordinance also repealed former Ch. 298, Stormwater Management and Stormwater Drainage System Facilities, adopted 4-2-2007 by Ord.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.

§ 298-1 Authority.

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.

§ 298-2 Intent and purpose.

A. 
Intent. The Village Board finds that uncontrolled post-construction runoff has a significant impact upon and use of natural resources. Specifically, uncontrolled post-construction runoff can:
(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.

§ 298-3 Jurisdiction; applicability.

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.
(4) 
A site that meets any of the following is exempt from the requirements of this chapter, unless determined otherwise per Subsection B(3) above in this section.
(a) 
Nonpoint discharges from agricultural facilities and practices; and
(b) 
Underground utility construction, but not including the construction of any aboveground structures associated with utility construction.

§ 298-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
1997 SETTLEMENT AND COOPERATION AGREEMENT
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.
ADEQUATE SOD or SELF-SUSTAINING VEGETATIVE COVER
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.
AGRICULTURAL FACILITIES AND PRACTICES
Defined pursuant to § 281.16, Wis. Stats.
ATLAS 14
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.
AVERAGE ANNUAL RAINFALL
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.
BEST MANAGEMENT PRACTICE (BMP)
Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize sediment or pollutants carried in runoff to waters of the state or other waterways in the Village.
BUSINESS DAY
A day the office of the Village is routinely and customarily open for business.
COMBINED SEWER SYSTEM
A system for conveying both sanitary sewage and stormwater runoff.
CONNECTED IMPERVIOUSNESS
An impervious surface that is directly connected to a stormwater drainage system or water of the state via an impervious flow path.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.
DEVELOPMENT
Residential, commercial, industrial or institutional land uses and associated public and private roadways.
DIRECT CONDUITS TO GROUNDWATER
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.
DNR TECHNICAL STANDARD
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.
EFFECTIVE INFILTRATION AREA
The area of the infiltration system that is used to infiltrate runoff and does not include the area used for site access, berms or pretreatment.
EROSION
The process by which the land's surface is worn away by the action of wind, water, ice or gravity.
EXCEPTIONAL RESOURCE WATERS
Waters listed in § NR 102.11, Wis. Adm. Code.
FINAL STABILIZATION
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.
IMPERVIOUS SURFACE
An area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. Rooftops, sidewalks, driveways, parking lots and streets are examples of areas that typically are impervious.
INFILL DEVELOPMENT
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.
INFILTRATION
The entry of precipitation or runoff into or through the soil.
INFILTRATION SYSTEM
A device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, 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.
KARST FEATURE
An area or surficial geologic feature subject to bedrock dissolution so that it is likely to provide a conduit to groundwater and may include caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs, seeps or swallets.
LAND DISTURBANCE CONSTRUCTION ACTIVITY
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.
MAINTENANCE AGREEMENT
A legal document that provides for long-term maintenance of stormwater management practices.
MAXIMUM EXTENT PRACTICABLE
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.
NEW DEVELOPMENT
Development resulting from the conversion of previously undeveloped land or agricultural land uses.
NRCS MSE3 OR MSE4 DISTRIBUTION
A specific precipitation distribution developed by the United States Department of Agriculture, Natural Resources Conservation Service, using precipitation data from Atlas 14.
OFF-SITE
Located outside the property boundary described in the permit application.
ON-SITE
Located within the property boundary described in the permit application.
ORDINARY HIGH-WATER MARK
Defined pursuant to § NR 115.03(6), Wis. Adm. Code.
OUTSTANDING RESOURCE WATERS
Waters listed in § NR 102.10, Wis. Adm. Code.
OWNER or LANDOWNER
Any person holding title to or having interest in land.
PERCENT FINES
The percentage of a given sample of soil, which passes through a No. 200 sieve.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
PERVIOUS SURFACE
An area that releases as runoff a small portion of the precipitation that falls on it. Lawns, gardens, parks, forests or other similar vegetated areas are examples of surfaces that typically are pervious.
POLLUTANT
Defined pursuant to § 283.01(13), Wis. Stats.
POLLUTION
Defined pursuant to § 281.01(10), Wis. Stats.
POST-CONSTRUCTION SITE
A construction site following the completion of land disturbance construction activity and final site stabilization inspected and approved by the Village.
PRE-DEVELOPMENT CONDITION
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.
PREVENTATIVE ACTION LIMIT
Defined pursuant to § NR 140.05(17), Wis. Adm. Code.
PROTECTIVE AREA
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 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.
REDEVELOPMENT
Areas where development is replacing older development.
RUNOFF
Stormwater or precipitation, including rain, snow or ice melt, or similar water that moves on the land surface via sheet or channelized flow.
SILVICULTURE ACTIVITY
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.
SITE
The entire area included in the legal description of the land on which the land disturbance construction activity occurred.
STOP-WORK ORDER
An order issued by the Village which requires that all construction activity on the site be stopped.
STORM SEWER
A part of the stormwater drainage system which consists of a pipe or conduit for collecting and or conveying stormwater runoff or unpolluted water.
STORMWATER DRAINAGE SYSTEM
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.
STORMWATER MANAGEMENT PLAN
A comprehensive plan designed to address stormwater management and performance standards of a specific site or overall development area.
STORMWATER MANAGEMENT SYSTEM PLAN
A comprehensive plan designed to address stormwater management and performance standards and goals on a regional or municipal scale.
SUPERVISED DRAINAGE BASIN AREA
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.
TOP OF THE CHANNEL
An edge, or point on the landscape, landward from the ordinary high-water mark of a surface water of the state, where the slope of the land begins to be less than 12% continually for at least 50 feet. If the slope of the land is 12% or less continually for the initial 50 feet, landward from the ordinary high-water mark, the top of the channel is the ordinary high-water mark.
TR-55
The United States Department of Agriculture, Natural Resources Conservation Service (previously Soil Conservation Service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986.
TYPE II DISTRIBUTION
A rainfall type curve as established in the "United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published 1973."
WATERS OF THE STATE
Defined pursuant to § 281.01(18), Wis. Stats.

§ 298-5 Applicability of maximum extent practicable.

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.

§ 298-6 Technical standards.

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).

§ 298-7 Performance standards.

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, pre-development 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:
[1] 
Four hundredths cubic feet per second (cfs) per acre; or
[2] 
Two-year, twenty-four-hour, pre-developed peak runoff discharge; or
[3] 
Peak discharge requirements of Village-adopted stormwater management plans for specific areas or watersheds where applicable.
(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 Pre-Development 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.
(6) 
Sites shall meet protective areas pursuant to § 298-8 of this chapter.
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 pre-development 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 pre-development 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 pre-development 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.
(2) 
Pre-development conditions. Runoff curve numbers specified in Table 1 of the peak discharge section[1] shall be used for the pre-development condition.
[1]
Editor's Note: See Subsection A(1)(d) of this section.
(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), 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).
[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.
[3] 
Except as provided under § 298-7F, redevelopment post-construction sites.
[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) or within separation distances listed in § NR 812.08 for any private wells or non community 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), 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 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.
(b) 
Swales shall comply with the listed sections of the WDNR Technical Standard 1005, "Vegetated Infiltration Swales," current edition.
[1] 
Section V(F), Velocity and Depth; Section V(G), Swale Geometry Criteria; Section V(C), Pre-treatment.
(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:
[1] 
An outstanding resource water.
[2] 
An exceptional resource water.
[3] 
Waters listed in Section 303(d) of the Federal Clean Water Act[2] that are identified as impaired in whole or in part, due to nonpoint source impacts.
[2]
Editor's Note: See 33 U.S.C. § 1313(d).
[4] 
Water where targeted performance standards are developed pursuant to § NR 151.004, Wis. Adm. Code.
(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 Ordinances 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 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.

§ 298-8 Protective areas.

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.
(7) 
For wetlands not subject to Subsection B(5) and (6) above: 50 feet.
(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.
(9) 
Wetland boundary delineation shall be made in accordance with § NR 103.08(1m). 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:
(1) 
Except as provided under § 298-7F, redevelopment post-construction sites.
(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.

§ 298-9 Approvals; agreements; and easements.

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.
B. 
Development agreement. If the proposed stormwater management and stormwater drainage system facilities plans are part of a project subject to Chapter 395, Land Division and Development Control Ordinance, a development agreement and related requirements and regulations of Chapter 395 shall apply.
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.

§ 298-10 Permits and conditions.

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, Construction Site Maintenance and Erosion Control,[1] 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, Construction Site Maintenance and Erosion Control.[2]
[2]
Editor's Note: See Ch. 381, Land Disturbances, Construction Site Maintenance and Erosion Control.
[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.
[1]
Editor's Note: See Ch. 381, Land Disturbances, Construction Site Maintenance and Erosion Control.
B. 
Post-construction stormwater discharge permit: Class 1.
(1) 
Class 1 permit. Pertains to stormwater facilities meeting the following:
(a) 
Stormwater facility design has been reviewed and approved by the Village; and
(b) 
A maintenance agreement and an access and maintenance easement is on file with the Village 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 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:
[1] 
A maintenance agreement and access and maintenance easement, acceptable to the Village, per § 298-9 of this chapter.
[2] 
An as-built survey is provided for the stormwater management facilities.
(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: $50.
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.

§ 298-11 Enforcement; violations and penalties.

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 $500 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.
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.

§ 298-12 Public nuisance.

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.

§ 298-13 Appeals.

Any appeal to this chapter shall be pursuant to Chapter 18, Article V, Zoning Board of Appeals, of this Code.

§ 298-14 Severability.

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.