[HISTORY: Adopted by the Village Board of
the Village of Wales 10-21-2008 (Ch. 19 of the 1989 Code); amended in its entirety 4-4-2016 by Ord. No. 4-2016-3. Subsequent amendments noted where applicable.]
A.
This chapter is adopted by the Village of Wales under the authority
granted by § 61.354, Wis. Stats. This chapter supersedes
all provisions of an ordinance previously enacted under § 61.35,
Wis. Stats., that relate to stormwater management, construction site
erosion control, or illicit discharge regulations. Except as otherwise
specified in § 61.354, Wis. Stats., § 61.35, Wis.
Stats., applies to this chapter and any amendments to this chapter.
B.
The provisions of this chapter are deemed not to limit any other
lawful regulatory powers of the same governing body.
C.
The Village of Wales hereby designates the Village Engineer and Building
Inspector or their respective designees to administer and enforce
the provisions of this chapter.
D.
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 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 Village of Wales finds that uncontrolled stormwater runoff
and construction site erosion from land development and land-disturbing
activity can have significant adverse impacts upon local water resources
and the health, safety and general welfare of the community, and diminish
the public enjoyment and use of natural resources. Specifically, uncontrolled
soil erosion and stormwater runoff can:
A.
Degrade physical stream habitat by increasing stream bank erosion,
increasing stream bed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperatures;
B.
Diminish the capacity of lakes and streams to support fish, aquatic
life, recreational and water supply uses by increasing pollutant loadings
of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants;
C.
Alter wetland communities by changing wetland hydrology and increasing
pollutant loads;
D.
Reduce the quality of groundwater by increasing pollutant loading;
E.
Threaten public health, safety, property, and general welfare by
increasing runoff volumes and peak flood flows and overburdening storm
sewers, drainageways and other storm drainage systems;
F.
Undermine floodplain management efforts by increasing the incidence
and levels of flooding; and
G.
Generate airborne particulate concentrations that are health-threatening
or may cause other damage to property or the environment.
A.
Purpose. The general purpose of this chapter is to establish regulatory
requirements for land development and land-disturbing activities aimed
at minimizing the threats to public health, safety, welfare, and the
natural resources of the Village of Wales from construction site erosion
and post-construction stormwater runoff. 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; establish erosion control
and stormwater standards for building sites, placement of structures
and land uses; preserve ground cover and scenic beauty, and promote
sound economic growth.
(3)
Control exceedence of the safe capacity of existing drainage facilities
and receiving water bodies; prevent undue channel erosion; control
increases in the scouring and transportation of particulate matter;
and prevent conditions that endanger property.
B.
Intent. It is the intent of the Village of Wales that this chapter
regulate erosion control, illicit discharges, and post-construction
stormwater discharges to waters of the state. This article may be
applied on a site-by-site basis. Through a single stormwater permit
process, this chapter is intended to meet the current construction
site erosion control and post-construction stormwater management regulatory
requirements of Subchapter III of both Chs. NR 151 and NR 216, Wis.
Adm. Code, on the effective date of this chapter. Nothing in this
chapter prevents the Wisconsin Department of Natural Resources from
adopting or enforcing more stringent stormwater management requirements
in future revisions of Wisconsin Administrative Code.
C.
The Village Board recognizes that the preferred method of addressing
postconstruction stormwater runoff from land development activities
and achieving published performance standards is through the preparation
and implementation of comprehensive, systems-level stormwater management
plans that cover hydrologic units, such as watersheds or subwatersheds,
on a municipal or regional scale. Such plans may prescribe stormwater
devices, practices, or systems, any of which may be designed to treat
runoff from more than one site prior to discharge from the site(s).
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 Village of Wales,
it is the intent of this chapter that the approved plan be used to
identify postconstruction management measures acceptable for the community.
Accordingly, provisions have been incorporated into this chapter to
allow for the implementation of a regional stormwater management plan
in lieu of complying with certain on-site stormwater management requirements.
The Village Board has designated the Plan Commission to oversee
and administer the provisions of this chapter, working in concert
with Village staff, the Village Engineer, and Building Inspector.
The Village Engineer and Building Inspector will review and enforce
erosion control and stormwater management plans, within their respective
purviews, advise the Village Clerk to issue permits, as appropriate,
and monitor the effectiveness of erosion control and stormwater management
facilities and measures.
Jurisdictional boundaries. This chapter applies to all land
development activities within the boundaries and jurisdiction of the
Village of Wales, as well as the division of land in the Village's
extraterritorial jurisdiction.
As used in this chapter, the following terms shall have the
meanings indicated:
Has the meaning given in § 281.6, Wis. Stats.
The Village Plan Commission and Village Board, depending
on the type of project and its location.
Any person or entity holding fee title to the property or
their representative. The applicant shall become the "permit holder"
once a permit is issued. The applicant shall sign the initial permit
application form in accordance with Subsections A through E below,
after which the applicant may provide the Village written authorization
for others to serve as the applicant's representative:
In the case of a corporation, by a principal executive officer
of at least the level of vice president or by the officer's authorized
representative having overall responsibility for the operation of
the site for which a permit is sought.
In the case of a limited liability company, by a member or manager.
In the case of a partnership, by the general partner.
In the case of a sole proprietorship, by the proprietor.
For a unit of government, by a principal executive officer,
ranking elected official or other duly authorized representative.
A calendar year of precipitation, excluding snow, which is
considered typical.
Structural and nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or other pollutants
carried in runoff to waters of the state.
A day when the Village office 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.
An impervious surface that is directly connected to a separate
storm sewer or waters of the state via an impervious flow path.
A hypothetical depth of rainfall that would occur for the
stated return frequency (i.e., once every two years, 10 years, or
100 years), duration (i.e., 24 hours) and timing of distribution (i.e.,
Type II). All values are based on the historical rainfall records
for the area. Design storms used in this chapter are summarized in
§ 384.12.
Residential, commercial, industrial, or institutional land
uses and associated roads.
The removal of trapped water from a construction site to
allow land development or utility installation activities to occur.
Either a subdivision or minor land division, as defined by Chapter 395, Subdivision of Land, of the Village Code.
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.
A composite of the best individual elements of the natural
resource base including surface water, streams, and rivers and their
associated floodlands and shorelands; woodlands, wetlands and wildlife
habitat; areas of ground water discharge and recharge; organic soils,
rugged terrain and high relief topography; and significant geological
formations and physiographic features. A description of the process
of defining and delineating Environmental Corridors is set forth in
the Southeastern Wisconsin Regional Planning Commission's Technical
Record, Volume 4, No. 2 and is incorporated herein by reference.
Any area that, due to the natural resources present or the
lack of filtering capacity, is more susceptible to the adverse impacts
of sediment and other pollutants associated with erosion and urban
runoff. Examples include environmental corridors, direct hydrologic
connections to lakes, streams, wetlands, groundwater or other water
resources, or very coarse or shallow soils above groundwater or bedrock.
The process of detachment, transport and deposition of soil,
sediment or rock fragments by action of water, wind, ice or gravity.
Soil that has at least a three-foot deep layer with at least
20% that passes through a No. 200 sieve (fines); or at least a five-foot
deep layer with at least 10% that passes through a No. 200 sieve (fines);
or another medium exists with an equivalent level of protection, as
determined by the Village Engineer.
A map of a proposed condominium, subdivision, or other development
to be recorded with the Waukesha County Register of Deeds pursuant
Wis. Stats.
A performance bond, surety bond, irrevocable letter of credit,
or similar guarantee submitted to the Village Clerk by the responsible
party to assure that requirements of this chapter are carried out
in compliance with the erosion control and stormwater management plans.
The computerized mapping system that Waukesha County makes
available to the general public over the Internet.
The Village Board of Trustees.
Lands identified in a document published by the Southeastern
Wisconsin Regional Planning Commission as groundwater recharge areas;
or where, prior to any land-disturbing or land development activity,
precipitation or runoff could only leave the area by infiltrating
the ground, thereby recharging the groundwater.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal nonstormwater discharge to enter the storm
drain system, including but not limited to: sewage, process wastewater
and wash water, any connections to the storm drain system from indoor
drains and sinks, regardless of whether said drain or connection had
been allowed, permitted, or approved by a government agency, prior
to the adoption of this chapter.
An area that releases all or a large portion of the precipitation
that falls on it, except for frozen soil. Conventional rooftops and
asphalt or concrete sidewalks, driveways, parking lots and streets
are typical examples of impervious surfaces. For purposes of this
chapter, typical gravel driveways and other examples listed shall
be considered impervious unless specifically designed to encourage
infiltration or storage of runoff.
That complying with a specific requirement would cause undue
economic hardship and that special conditions exist that are beyond
the control of the applicant and would prevent compliance.
Land development that occurs where there was no previous
land development and is surrounded by other existing land 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 road-side 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 construction-related activity that may ultimately result
in the addition of impervious surfaces, such as the construction of
buildings, roads, parking lots and other structures.
Any man-made alteration of the land surface that may result
in a change in the topography or existing vegetative or nonvegetative
soil cover, or may expose soil and lead to an increase in soil erosion
and movement of sediment. "Land-disturbing activity" includes clearing
and grubbing for future land development, excavating, filling, grading,
building construction or demolition, and pit trench dewatering.
A document that provides for long-term maintenance of stormwater
management practices. Such document may be a separate document or
part of an overall development agreement for a project.
An acceptable level of implementing best management practices
to achieve a performance standard specified in this chapter, as determined
by the Village Engineer or Village Board. In determining MEP, the
Village shall take 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.
Has the meaning given in the Village of Wales Shoreland and
Floodland Protection Ordinance.[1]
Development resulting from the conversion of previously undeveloped
land or agricultural uses.
Best management practice(s) that are located outside of the
boundaries of the site covered by a permit application. Off-site BMPs
are usually installed as part of a regional stormwater management
plan approved by a local government.
Located within the property boundary described in the permit
application.
Has the meaning given in Ch. NR 115, Wis. Adm. Code.
The percentage of a given sample of soil, which passes through
a No. 200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Village Engineer/Building
Inspector/Clerk to the applicant to conduct land-disturbing construction
activity or to discharge postconstruction runoff to waters of the
state.
A sum of money paid to the Village Clerk (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.
A map of a proposed condominium, subdivision, or other development.
As per § 283.01(13), Wis. Stats., means any dredged
spoil, solid waste, incinerator residue, sewage, garbage, refuse,
oil, sewage sludge, munitions, chemical wastes, biological materials,
radioactive substance, heat, wrecked or discarded equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.
As per § 283.01(10), Wis. Stats., means man-made
or man-induced alteration of the chemical, physical, biological or
radiological integrity of water.
A map showing the salient features of a proposed condominium,
subdivision, or other development submitted to an approving authority
for purposes of preliminary consideration.
Has the meaning given in § NR 140.05(17), Wis.
Adm. Code.
A land development, such as a public road or municipal building,
that is being funded solely by a unit of government. It does not include
new roads or other structures built with private funds, or a combination
of public and private funds, and subsequently dedicated to a unit
of government.
The final project drawing of the project or facility in which
the professional engineer, professional land surveyor, or other responsible
party updates community-approved construction plans with survey or
other data that show the final location, elevation, and other pertinent
data or information for that facility.
Land development that replaces previous land development
of similar impervious conditions.
A planning document, adopted by a local unit of government,
that coordinates stormwater management activities for an entire drainage
area or watershed, including future land development activities within
the watershed. The plan may prescribe the use of BMPs for individual
development sites and for selected points within the watershed to
meet the goals and objectives of the plan.
Any person or entity holding fee title to the property or
acting as the owners representative, including any person, firm, corporation
or other entity performing services, contracted, subcontracted or
obligated by other agreement to design, implement, inspect, verify
or maintain the BMPs and other approved elements of erosion control
and stormwater plans and permits under this chapter.
As used in this chapter, means any access drive that serves
more than two residences or businesses.
Water from rain, snow or ice melt, or dewatering that moves
over the land surface via sheet or channelized flow.
Has the meaning given in the Village of Wales Shoreland and
Floodland Protection Ordinance.[2]
The entire area included in the legal description of which
the land-disturbing or land development activity will occur.
That all land-disturbing activities are completed and that
a uniform, perennial vegetative cover has been established on at least
70% of the soil surface or other surfacing material is in place, and
the risk of further soil erosion is minimal, as determined by the
Village Engineer or Building Inspector.
An order issued by the Village Board, Building Inspector,
Village Engineer, or law enforcement official, etc., that requires
that all construction activity on the site be stopped.
A publicly owned facility by which stormwater is collected
and/or conveyed, including but not limited to any roads 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.
Has the same meaning as the term "runoff."
Any best management practice that is designed to collect
or manage the quantity or quality of stormwater runoff for an indefinite
time period. This term is a subset of the term "best management practice"
and distinct in that they require long-term maintenance. Some examples
include, but are not limited to: wet or dry detention basin, infiltration
trench or basin, bioretention basin, stilling basin, green roof, filter
strip, artificial wetland, or any combination of these or other permanent
stormwater management practices, as determined by the Village Engineer.
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater both during construction and after the
site is stabilized, following construction activity.
A written authorization made by the Village to the applicant
to conduct land-disturbing or land development activities in accordance
with the requirements of this chapter. A stormwater permit regulates
both construction site erosion and postconstruction stormwater runoff
from a site.
A division of a lot, parcel or tract of land by the owner
thereof or the owner's agent for the purpose of sale or of building
development that meets the subdivision definition criteria under § 236.02(12),
Wis. Stats., or a more restrictive definition adopted by a local unit
of government.
A document that specifies design, predicted performance and
operation and maintenance requirements for a material, device or method.
An edge, or point on the landscape, commencing 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 Urban Hydrology for Small Watersheds, Second
Edition, Technical Release 55, June 1986.
A wire, pipe, tube or other conduit designed to distribute
or collect a product or service, including but not limited to electricity,
natural gas, oil, telecommunications, drinking water, stormwater,
sewage, or any combination of these items.
That the maps are drawn to national map accuracy standards
using the Wisconsin State Plane Coordinate System, Wisconsin South
Zone, North American Datum 1927 (NAD27) and National Geodetic Vertical
Datum of 1929 (NGVD-29).
Seed or plant stock that are native to a prairie or wetland
setting. These types of plantings usually take a couple of years to
get established and require diligent removal of invasive species during
this time. Upon maturity, warm season plants generally have a deep
root system, which enhances infiltration.
Has the meaning given in § 281.01 (18), Wis. Stats.
An area where water is at, near or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions.
An area where a grouping of 10 or more trees exist that have
trunk diameters of at least four inches at four feet above the ground
surface. The boundaries of a woodland shall be defined by the canopy,
commonly referred to as the "drip line".
Any day the office of the Village is routinely and customarily
open for business, and does not include Saturday, Sunday and any official
holidays.
A.
Construction site erosion control. Unless otherwise exempted under Subsection C below, a stormwater permit under § 384-8 shall be required and all erosion control and other provisions of this chapter shall apply to all proposed land-disturbing activity that meets any of the following:
(1)
Disturbs a total land surface area of 3,000 square feet or more;
(2)
Involves excavation or filling, or a combination of excavation and
filling, in excess of 400 cubic yards of material;
(3)
Involves the laying, repairing, replacing, or enlarging of an underground
utility, pipe or other facility, or the disturbance of road ditch,
grass swale or other open channel for a distance of 300 feet or more;
or
(4)
Is a land-disturbing activity, regardless of size, that the Village
Board/Engineer/Building Inspector determines is likely to cause an
adverse impact to an environmentally sensitive area or other property,
or may violate any other erosion control standard set forth in this
chapter.
B.
Stormwater management. Unless otherwise exempted in this chapter, a stormwater permit under § 384-8 shall be required and all stormwater management and other provisions of this chapter shall apply to all proposed land development activity that meet any of the following:
(1)
Disturbs a land surface area of one acre or more;
(2)
Is a subdivision plat;
(3)
Is a commercial, industrial, or institutional development;
(4)
Is a certified survey map or any other land development activity
that may ultimately result in the addition of 0.5 acre or greater
of impervious surfaces, including smaller individual sites that are
part of a common plan of development that may be constructed at different
times;
(5)
Involves the construction of any new public or private road; or
(6)
Is a land development activity, regardless of size, that the Village
Board/Village Engineer/Building Inspector determines is likely to
cause an adverse impact to an environmentally sensitive area or other
property. For purposes of this section, "adverse impacts" shall include
causing chronic wetness on other property due to reoccurring discharges
of stormwater, or violating any other stormwater management standard
set forth in this chapter.
C.
Exemptions.
(1)
Exempt from all requirements. The following activities shall be exempt
from all of the requirements of this chapter:
(a)
Land-disturbing activities directly involved in the planting,
growing and harvesting of any plant grown for human or livestock consumption
and pasturing or yarding of livestock, including sod farms and tree
nurseries.
(b)
Land development and land-disturbing activities exempted by
state or federal law, including highway construction and other projects
conducted by a state agency, as defined under § 227.01(1),
Wis. Stats., or under a memorandum of understanding entered into under
§ 281.33(2), Wis. Stats., management for the project.
(c)
Land-disturbing activity directly involved in the installation
and maintenance of private on-site waste disposal systems, as regulated
under this chapter.
(d)
On parcels where land-disturbing activities cover less than
one acre, the Village Board, Village Engineer, or Building Inspector
may review the erosion control and/or stormwater plan, and, if satisfied
that there is minimal opportunity for erosion or runoff, grant a permit
hereunder. The appropriate official will consider the topography of
the site and adjacent areas, proximity of the site to environmentally
sensitive areas, the methods, extent, duration, seasonality of stabilization,
etc., of the proposed disturbance, as well as the expected runoff
and proposed erosion and stormwater control measures, in deciding
whether to review, approve, and grant a permit.
(2)
Exempt from erosion control requirements only. The following land-disturbing activities shall be exempt from the erosion control provisions of Subsection A above:
(a)
Those activities the Village Board/Village Engineer/Building Inspector determines are required for the construction of individual one- and two-family residential buildings under Ch. SPS 321.125, Wis. Adm. Code. The Building Inspector will administer erosion control requirements in these instances, per the Wisconsin Uniform Dwelling Code and other applicable references. [Note: The Wisconsin Uniform Dwelling Code (Ch. SPS 321, Wis. Adm. Code) includes erosion control requirements that apply statewide. The Village Building Inspector may request a determination from the Village Engineer or other agency under Subsection A above as a condition of issuing a local building or zoning permit.]
(b)
Small-scale disturbances proposed by public utility companies.
(c)
Placement of underground pipe or other utility that is plowed
or bored into the ground outside areas of channelized runoff.
A.
Permit required. The responsible party must apply for and receive a Village stormwater permit under Subsection B before any person commences a land-disturbing or land development activity, pursuant to the applicability and exemption provisions of § 384-7. Based upon the scope of the project, an evaluation of compliance under Subsection C below will also be required as part of the permit process.
B.
Stormwater permit application.
(1)
To request a stormwater permit under this chapter, the applicant
shall submit a complete application, which shall include all of the
following:
(a)
A completed and signed application on a form provided by the
Village Clerk for that purpose;
(e)
A stormwater management plan in accordance with § 384-11F for those land development activities that meet any of the applicability criteria of § 384-7B, and the documentation required under § 384-11E(2)(d) related to off-site BMPs, if applicable;
(2)
The Village may require map items listed above to be submitted in
digital form, if available, including georeferencing map data to the
public land survey system in accordance with county mapping standards.
C.
Evaluation of compliance for final plat or CSM.
(1)
Applicability. The Village Engineer shall perform an evaluation of
compliance with this section prior to the Village Plan Commission
or Village Board approving any final plat, and prior to the recording
of any certified survey map with the Waukesha County Register of Deeds
that meets one of the following:
(2)
Review items. To obtain evaluation of compliance, the applicant shall
submit a final plat or CSM to the Village for review. The Village
Engineer/Plan Commission/Village Board shall review submittals for
compliance with all of the following items based on preliminary or
final site plans and stormwater management plans:
(a)
Location and size of drainage easements and other areas set
aside for stormwater management, and the associated language describing
use restrictions;
(b)
Setback requirements from wells, structures, steep slopes, road
right-of-ways and other items related to the location of stormwater
management facilities;
(c)
Location of access drives and associated easements and use restrictions
to ensure adequate access to stormwater management facilities for
future maintenance;
(d)
Utility easements as they may affect the grading and erosion
control plans;
(e)
If required by the Village, the final maintenance agreement in accordance with § 384-13 for all stormwater BMPs; and
(f)
Other items that the Village determines are necessary to achieve
compliance with this chapter.
(3)
Review process. For those documents that are submitted in accordance
with established Village Plan Commission and Village Board timelines,
the Village Engineer will review the final plat or CSM, as appropriate,
and will provide written comments to the Village Clerk, with courtesy
copy to the preparer (surveyor, etc.) and/or applicant in a timely
manner to ensure the comments are included in the Plan Commission
or Village Board packets. Subject to the extent of corrections and
time available, the preparer or applicant may submit revised documentation
to the Village Clerk and Village Engineer for consideration by the
Plan Commission and/or Village Board.
D.
Fees. The responsible party will be responsible for all costs and
professional fees associated with the application, including but not
limited to application review, construction, compliance, and completion
inspections, etc., as described elsewhere in this chapter. Application
and review fees under this chapter shall be in accordance with the
following:
(1)
All permit application fees shall be established by the Village and
approved by the Village Board through the annual budget process.
(2)
The Village will also bill the petitioner for professional fees billed
to the Village for review of the application.
(3)
A fee schedule shall be available for review and public distribution.
(4)
All publicly funded land-disturbing and land development activities
within the jurisdiction of this chapter shall be exempt from the fees
under this section.
E.
Application review process.
(1)
Stormwater permit for less than one acre of land disturbance and applicability exemptions. Upon submittal of a complete permit application under Subsection B above or applicability exemption application under § 384-7C, the applicant is authorizing the Village Engineer/Building Inspector to enter upon the subject site to obtain information needed to administer this chapter and the following procedures shall apply:
(a)
Within 15 working days from the date the Village Clerk receives
the application, the Village Engineer/Building Inspector shall inform
the applicant whether the application materials are approved or disapproved
based on the requirements of this chapter.
(b)
If all requirements of this chapter have been met through the
application, the Village Engineer/Building Inspector shall approve
the application and issue a permit or exemption. If all requirements
of this chapter have not been met, the Village shall state in writing
the reasons for disapproval.
(c)
If within the 15 working days the Village Engineer/Building
Inspector determines that the application is not complete or requests
additional information from the applicant or another source (such
as another regulatory agency), the Village shall have 10 working days
from the date the additional information is received to review and
act on the application. The Village shall inform the applicant when
additional information is requested from another source.
(d)
Failure of the Village to inform the applicant of missing information
or of a decision within 15 working days shall be deemed to mean approval
of the application and the applicant may proceed as if a permit had
been issued; however, the applicant is responsible for complying with
the requirements of this chapter.
(2)
Stormwater permit for greater than or equal to one acre of land disturbance and technical exemptions. Upon submittal of a complete application under Subsection B above or a technical exemption application under § 384-11E, the applicant is authorizing the Village Engineer to enter upon the subject site to obtain information needed to administer this chapter and the following procedures shall apply:
(a)
Within 20 working days from the date the Village Clerk receives
the application, the Village Engineer shall inform the applicant whether
the application materials are approved or disapproved based on the
requirements of this chapter.
(b)
If all requirements of this chapter have been met through the
application, the Village Engineer shall approve the application and
issue a permit. If all requirements of this chapter have not been
met, the Village Engineer shall state in writing the reasons for disapproval.
(c)
If within the 20 working days, the Village Engineer determines
that the application is not complete or requests additional information
from the applicant or another source (such as another regulatory agency),
the Village Engineer shall have 20 working days from the date the
additional information is received to review and act on the application.
The Village Engineer shall inform the applicant when additional information
is requested.
(d)
Failure of the Village Engineer to inform the applicant of missing
information or of a decision within the 20 working days shall be deemed
to mean approval of the application and the applicant may proceed
as if a permit had been issued; however, the applicant is responsible
for complying with the requirements of this chapter. [Note: The Village
Engineer/Building Inspector will typically take action on permit applications
more expeditiously than noted above.]
A.
General permit requirements. Stormwater permits shall be subject to all of the requirements of this section. Violation of any permit requirement shall cause the permit holder and any other responsible party to be subject to enforcement action under § 384-16. Upon issuance of a stormwater permit, the permit holder and any other responsible party shall be deemed to have accepted these requirements. General requirements include all of the following:
(1)
Other permits. Compliance with a stormwater permit does not relieve
the permit holder or other responsible party of the responsibility
to comply with other applicable federal, state, and local laws and
regulations. The Village/Village Engineer may require the applicant
to obtain other permits or plan approvals prior to issuing a stormwater
permit.
(2)
Approved plans. All best management practices shall be installed
and maintained in accordance with approved plans and construction
schedules. A copy of the approved plans shall be kept at the construction
site at all times during normal business hours.
(3)
Plan modifications. The permit holder shall notify the Village/Village Engineer of any significant modifications proposed to be made to the approved plans. The Village may require proposed changes to be submitted for review prior to incorporation into the approved plans or implementation. Any modifications made during plan implementation without prior approval by the project engineer under Subsection A(6) below and the Village are subject to enforcement action.
(4)
Notification. The permit holder shall notify the Village/Village Engineer at least two working days before commencing any work in conjunction with approved plans. The Village shall also be notified of proposed plan modifications under Subsection A(3) above, and within one working day of completing construction of a stormwater BMP. The Village may require additional notification according to a schedule established by the Village so that practice installations can be inspected during construction.
(5)
Village access. The Village or its designee shall be permitted access
to the site for the purpose of inspecting the property for compliance
with the approved plans and other permit requirements.
(6)
Project engineer/landscape architect. The permit holder shall provide an engineer licensed in the state of Wisconsin to be responsible for achieving compliance with approved construction plans, including the implementation of the approved inspection plan and verification of construction in accordance with Subsection D below. If warm season or wetland plantings are involved, the permit holder shall also provide a landscape architect or other qualified professional to oversee and verify the planting process and its successful establishment. For single-family or other simple projects, the permit holder may petition the Village Board for another qualified representative to perform these functions.
(7)
Inspection log. The permit holder shall provide a qualified professional or other qualified representative to conduct inspections and maintain an inspection log for the site. All best management practices shall be inspected within 24 hours after each rain event of 0.5 inch or more that results in runoff, or at least once each week. The inspection log shall include the name of the inspector, the date and time of inspection, a description of the present phase of construction, the findings of the inspection, including an assessment of the condition of erosion and sediment control measures and the installation of stormwater management BMPs, and any action needed or taken to comply with this chapter (Form 3400-187 published by the Department of Natural Resources is an acceptable form for the inspection log.). The inspection log shall also include a record of BMP maintenance and repairs conducted under Subsection A(8) and (9) below. The permit holder shall maintain a copy of the inspection log at the construction site (or provide another approved method) for inspection by the Village Staff, Village Engineer, or Building Inspector. The permit holder or his agent must make arrangements to provide copies of the inspections to the Village Engineer or Building Inspector, as appropriate. The permit holder shall maintain the availability of the log until permit termination under Subsection B below. The Village will require periodic inspections by the Village Engineer or Building Inspector, with written records provided to the Village and the permit holder, for action by the latter. The permit holder shall maintain a copy of the Village inspections with the inspection log and respond, in writing, to the appropriate Village representative of corrective actions performed.
(8)
BMP maintenance. The permit holder shall maintain and repair all best management practices within 24 hours of inspection, or upon notification by the Village Engineer, Building Inspector, or other person/agency designated by the Village, unless the Village approves a longer period due to weather or other conditions. All BMP maintenance shall be in accordance with approved plans and applicable technical standards until the site is stabilized and a permit termination letter is issued under Subsection B below. The permit holder, upon approval by the Village, shall remove all temporary erosion control practices such as silt fence. The permit holder, in accordance with approved plans and applicable technical standards, shall maintain permanent stormwater management practices until maintenance responsibility is transferred to another party or unit of government pursuant to the recorded maintenance agreement, or other recorded document that contains the same required information.
(9)
Other repairs. The permit holder shall be responsible for any damage
to adjoining properties, municipal facilities or drainageways caused
by erosion, siltation, runoff, or equipment tracking. The Village/Village
Engineer/Building Inspector, or other person/agency designated by
the Village may order immediate repairs or clean-up within road right-of-ways
or other public lands if the Village determines that such damage is
caused by activities regulated by a permit under this chapter. With
the approval of the landowner, the Village may also order repairs
or clean-up on other affected property.
(10)
Emergency work. The permit holder authorizes the Village, in accordance with the enforcement procedures under § 384-16, to perform any work or operations necessary to bring erosion control or stormwater management practices into conformance with the approved plans and consents to charging such costs against the financial assurance pursuant to Subsection C below or to a special assessment or charge against the property as authorized under Subchapter VII of Ch. 66, Wis. Stats.
(11)
Permit display. The permit holder shall display the stormwater permit in a manner that can be seen from the nearest public road and shall protect it from damage from weather and construction activities until permit termination under Subsection B below. The permit holder shall also display stormwater permits granted by state agencies, as applicable.
(12)
Other requirements. The Village may include other permit requirements
that it determines are necessary to ensure compliance with this chapter.
B.
Stormwater permit issuance, duration, amendments, transfer and termination.
(1)
Permit issuance. The Village/Village Engineer shall issue a permit to the applicant after verifying that all applicable conditions of this chapter and possibly other related permits have been met, including the submittal of contact information for all responsible parties and the submittal of the financial assurance under Subsection C below. The Village may delay issuance of a stormwater permit if the Village determines that the proposed construction timelines and best management practices will not comply with the erosion control plan requirements under § 384-10 or the purposes of the ordinance under § 384-3, including proposed late season new road construction with grass swales. (The Village may consider alternate methods for site stabilization under late fall or winter conditions.)
(2)
Permit duration. The Village shall establish an expiration date for
all stormwater permits based on the construction schedules in the
approved erosion control and stormwater management plans. The applicant
shall notify the Village of any changes to the proposed schedule prior
to permit issuance.
(3)
Permit amendments. The Village may amend any terms of a stormwater
permit, including extending the permit expiration date, if the Village
determines it is necessary to ensure compliance with this chapter.
The applicant shall request an amendment to a stormwater permit at
least two weeks before permit expiration on a form provided by the
Village for that purpose and shall pay the corresponding fee. The
Village may require additional erosion control or stormwater management
measures as a condition of granting a permit amendment.
(4)
Permit transfer. The Village may transfer a stormwater permit issued under this chapter to a new applicant upon a written request from the applicant and payment of the corresponding fee. The permit transfer shall not take effect until the Village verifies in writing that the new applicant has satisfied all conditions of this chapter, including an updated list of responsible parties and the submittal of a new financial assurance under Subsection C below.
(5)
Permit termination. The Village shall issue a permit termination letter to the permit holder upon releasing the financial assurance under Subsection C below, which shall serve as documentation that all conditions of this chapter have been satisfied and the permit has been terminated. At that time, the permit holder may apply to the Wisconsin Department of Natural Resources and shall serve as the notice of termination under § NR 216.55, Wis. Adm. Code.
C.
Financial assurance.
(1)
Purpose. The Village may require the applicant to submit a financial
assurance (or guarantee) in the form of a cash deposit, letter of
credit, or other acceptable financial security to ensure compliance
with the approved erosion control and stormwater management plans
and other stormwater permit requirements. Such financial assurance
may be a portion of the financial guarantee provided for the entire
project, if applicable, or a stand-alone agreement.
(2)
Type and authority. The Village shall determine the acceptable type
and form of financial assurance, which may include cash, a bond, an
escrow account or irrevocable letter of credit. The Village shall,
upon written notice to the permit holder, be authorized to use the
funds to complete activities required in the approved plans or this
chapter if the permit holder or other responsible party defaults or
does not properly implement the requirements.
(3)
Amount. The amount of the financial assurance shall be determined
by the Village Engineer and shall include the estimated cost of completing
the approved erosion control and stormwater management plans, plus
not less than 15% of the guarantee amount. The Village Board reserves
the right to amend this amount in the Village Board's sole and
absolute discretion.
(4)
Exemption. Publicly funded land-disturbing or land development activities
shall be exempt from providing a financial assurance.
(5)
Security. The Village shall provide the permit holder or other responsible
party a written statement outlining the purpose of the financial assurance,
the applicable amount and type received (which shall be subject to
the review and approval of the Village Attorney) and all of the conditions
for release. (For applicable developments, this could be provided
in the development agreement for the project).
(6)
Conditions for release. The Village shall release the financial assurance, and issue a termination letter in accordance with Subsection B(5) above only after determining full compliance with the permit and this chapter, including the following:
(7)
Partial releases. The permit holder may apply, in writing, to the
Village Clerk for a partial release of the financial assurance based
on the completion or partial completion of various construction components
or satisfaction of individual requirements noted above. Supporting
documentation must accompany the application.
(8)
Amounts withheld. The Village shall withhold from the financial assurance
amount released to the permit holder any costs incurred by the Village
to complete installation or maintenance of best management practices
through enforcement action or prior to the transfer of maintenance
responsibilities through an approved maintenance agreement, or other
unpaid fees or costs incurred by the Village associated with the enforcement
of this chapter.
(9)
Other financial assurances. The financial assurance provisions of
this chapter may be included in the financial assurance requirements
(such as a project letter of credit) for other site improvements.
Requests for reduction or release of the financial assurance for larger
projects must include appropriate documentation, such as a narrative
description and/or spreadsheet, as necessary, showing the types and
cost of work completed and contractor lien waivers for work including
public improvements to be accepted by the Village.
D.
Construction and planting verification.
(1)
Record drawings. To ensure compliance with this chapter and to serve as the basis for the engineering verification under Subsection D(2) below, record drawings shall be completed in accordance with Village standards and certified as accurate by a registered land surveyor or an engineer licensed in the State of Wisconsin. Record drawings shall be submitted to the Village Engineer/Building Inspector for all stormwater management BMPs, bridges and culverts pursuant to § 384-11D(6)(d) below, and other permanent best management practices or practice components as deemed necessary by the Village to insure their long-term maintenance. The Village will require final submittal of the record drawings in both paper copies and electronic format submittals as specified by the Village Engineer based on Village ordinances and policies and shall include field changes, if any. In conjunction with submission of the record drawings, the Village requires that the permit holder, or his agent, perform a joint inspection of the stormwater practices and facilities with the engineer or his designee. The Village Board authorizes the Village Engineer, at his discretion, to perform inspections of critical aspects of BMP construction, such as installation of basin liners.
(2)
Verification. A professional engineer licensed in the State of Wisconsin
(or other qualified representative acceptable to the Village Board)
shall verify, in accordance with Village standards, that the engineer
or or qualified representative has successfully completed all site
inspections outlined in the approved plans and that the construction
of all stormwater management BMPs, as determined by the Village, comply
with the approved plans and applicable technical standards or otherwise
satisfy all the requirements of this chapter. If warm season or wetland
plantings are involved, a landscape architect or other qualified professional
shall verify the planting process and its successful establishment,
in accordance with Village standards.
E.
Final inspection. After completion of construction, the Village Engineer
(or his designated representative) shall conduct a final inspection
of all permitted sites to determine compliance with the approved plans
and other applicable ordinance requirements, including ensuring the
site is stabilized. The petitioner or his designee can be included
in the inspection, if coordinated in advance. If, upon inspection,
the Village Engineer determines that any of the applicable requirements
have not been met, the Village Engineer shall notify the permit holder
what changes would be necessary to meet the requirements. At the request
of the permit holder, the Village Engineer shall provide a notification
of noncompliance or a report of final inspection in written or electronic
form.
A.
General erosion control plan requirements and performance standards.
An erosion control plan shall describe how the permit holder and any
other responsible party will minimize, to the maximum extent practicable,
soil erosion and the transport of sediment from land-disturbing activities
to waters of the state or other property. To meet this requirement,
the following performance standards shall apply:
(1)
All erosion control plans and associated BMPs shall comply with the
planning, design, implementation and maintenance requirements of this
chapter.
(2)
All erosion control plans shall, by design, achieve to the maximum
extent practicable a runoff discharge of no more than five tons of
sediment per acre per year of the sediment load carried in runoff
from initial grading to final stabilization. An accepted method of
calculating the soil loss must also be provided. Erosion and sediment
control BMPs may be used alone or in combination to meet the above-referenced
sediment reduction goal. Soil loss prediction tools shall be used
to estimate the sediment loss using the appropriate rainfall and/or
runoff factor.
(3)
The Village Engineer may recognize other methods for determining
compliance with the sediment reduction requirement as they are standardized,
including any methods that may come from the procedures under Subchapter
V of Ch. NR 151, Wis. Adm. Code.
B.
Guiding principles for erosion control. To satisfy the requirements
of this section, an erosion control plan shall, to the maximum extent
practicable, adhere to the following guiding principles:
(1)
Propose grading that best fits the terrain of the site, avoiding
steep slopes, wetlands, floodplains and environmental corridors;
(2)
Minimize, through project phasing and construction sequencing, the
time the disturbed soil surface is exposed to erosive forces;
(3)
Minimize soil compaction, the loss of trees and other natural vegetation
and limit the size of the area disturbed at any one time;
(4)
Locate erosion control BMPs upstream from where runoff leaves the
site or enters waters of the state and outside of wetlands, floodplains,
primary or secondary environmental corridors or isolated natural areas;
and
(5)
Emphasize the use of BMPs that prevent soil detachment and transport
over those aimed to reduce soil deposition (sedimentation) or repair
erosion damage.
C.
Specific erosion control plan requirements. The following applicable
minimum requirements shall be addressed in erosion control plans to
the maximum extent practicable. The Village may establish more stringent
erosion and sediment control requirements than the minimums set forth
in this section if the Village determines that an added level of protection
is needed to protect an environmentally sensitive area or other property,
or to address a change made during plan implementation.
(1)
Access drives and tracking. Provide access drive(s) for construction
vehicles that minimize tracking of soil off site using BMPs such as
stone tracking pads, tire washing or grates. Minimize runoff and sediment
from adjacent areas from flowing down, across or eroding the access
drive.
(2)
Diversion of upslope runoff. Divert excess runoff from upslope land,
rooftops or other surfaces, if practicable, using BMPs such as earthen
diversion berms, silt fence and downspout extenders. Prevent erosion
of the flow path and the outlet.
(3)
Inlet protection. Protect inlets to storm drains, culverts and other
stormwater conveyance systems from siltation until the site is stabilized.
(4)
Soil stockpiles. Locate soil stockpiles away from channelized flow
and no closer than 25 feet from roads, ditches, lakes, streams, ponds,
wetlands or environmental corridors, unless otherwise approved by
the Village. Control sediment from soil stockpiles. Any soil stockpile
that remains for more than 30 days shall be stabilized. Stockpiles
left inactive for seven days or more shall be stabilized using temporary
seeding or other approved method.
(5)
Cut and fill slopes. Minimize the length and steepness of proposed
cut and fill slopes and stabilize them as soon as practicable. All
slopes built to 4:1 slope or steeper require appropriate slope stabilization
erosion mat.
(6)
Channel flow. During construction, the discharge of sediment from
drainageways/channels shall be prevented or minimized using appropriate
best management practices. Ditch checks shall be placed within drainageways/channels
and appropriately sized sediment traps or basins installed to capture
sediment prior to leaving the site. All BMPs shall be designed and
installed per WDNR Technical Standards. Stabilize drainageways/channels
as soon as practicable and utilize appropriate channel erosion mat
for all permanent drainageways/channels. Temporary swales may require
channel erosion mat for stabilization based on duration of use and
areas served, as directed by the Village.
(7)
Outlet protection. Protect outlets from erosion during site dewatering
and stormwater conveyance, including velocity dissipation at pipe
outfalls or open channels entering or leaving a stormwater management
facility.
(8)
Overland flow. Trap sediment in overland flow before discharge from
the site using BMPs such as silt fence and vegetative filter strips.
(9)
Site dewatering. Treat pumped water to remove sediment prior to discharge
from the site, using BMPs such as sediment basins and portable sediment
tanks.
(10)
Dust control. Prevent excessive dust from leaving the construction
site through construction phasing and timely stabilization or the
use of BMPs such as site watering and mulch - especially with very
dry or fine sandy soils.
(11)
Topsoil application. Save existing topsoil and reapply a minimum
of four inches to all disturbed areas for final stabilization, unless
otherwise approved by the Village Engineer, such as for temporary
seeding or stormwater infiltration BMPs. If adequate topsoil does
not exist on the site to meet this requirement, it shall be imported
or a topsoil substitute such as compost may be used, upon approval
by the Village.
(12)
Waste material. Recycle or properly dispose all waste and unused
building materials in a timely manner. Control runoff from waste materials
until they are removed or reused.
(13)
Sediment cleanup. By the end of each workday, clean up all off-site
sediment deposits or tracked soil that originated from the permitted
site. Flushing shall not be allowed unless runoff is treated before
discharge from the site.
(14)
Final site stabilization. All previous cropland areas where
land-disturbing activities will not be occurring under the proposed
grading plans shall be stabilized within 30 days of permit issuance.
Stabilize all other disturbed areas within seven days of final grading
and topsoil application. Large sites shall be treated in stages as
final grading is completed in each stage. Any soil erosion that occurs
after final grading or the application of stabilization measures must
be repaired and the stabilization work redone. A site shall be considered
stabilized when vegetation is established with at least a density
of 70% coverage for all areas that are not paved, not covered by a
permanent structure or that employ an equivalent permanent stabilization
measure.
(15)
Temporary site stabilization. Any disturbed site that remains
inactive for greater than seven days shall be stabilized with temporary
stabilization measures such as soil treatment, temporary seeding or
mulching. For purposes of this subsection, "inactive" means that no
site grading, landscaping or utility work is occurring on the site
and that precipitation events are not limiting these activities. Frozen
soils do not exclude the site from this requirement.
(16)
Removal of practices. Remove all temporary BMPs such as silt
fences, ditch checks and sediment traps as soon as all disturbed areas
have been stabilized.
(17)
Site drainage. Site drainage plans shall comply with the provisions of § 384-11D(6) below.
D.
Erosion control plan contents. The following shall be the minimum
requirements for items to be included in a final erosion and sediment
control plan:
(1)
Sites less than one acre of total land disturbance.
(a)
A narrative describing the proposed land-disturbing activity,
construction timeline and sequencing, temporary BMPs to be used to
minimize off-site impacts during the construction phase, and proposed
methods to stabilize the site following construction in accordance
with the requirements of this chapter;
(b)
A survey map or scaled site plan drawing of sufficient clarity
showing a north arrow, the location of proposed land disturbance,
direction of flow for runoff entering and leaving the disturbed area,
upslope drainage area (if known), proposed BMPs, existing and proposed
slopes, ground cover, buildings, roads, access drives, property boundaries,
drainageways, water bodies, trees, culverts, utilities, existing wells,
and other structures within 50 feet of the proposed land disturbance;
(c)
The name, address, e-mail address and daytime phone number of
the person(s) charged with installing and maintaining all best management
practices;
(d)
For underground utility installations, the plans must delineate
where utilities will be installed, show the location of the open cut
and the topography in the area, and list the total lineal feet to
be installed and the linear feet that will be done by open cut; and
(e)
Other information determined to be necessary by the Village
to ensure compliance with the requirements of this chapter.
(2)
Sites one acre or greater in total land disturbance.
(b)
A map at a scale of one inch equals no more than 100 feet (unless
otherwise noted), delineating and labeling the following applicable
items:
[1]
North arrow, graphic scale, draft date, name and contact information
for project engineer or planner and designation of source documents
for all map features:
[2]
Proposed site topography at contour intervals not to exceed
two feet, proposed percent slope for all open channels and side slopes
and all proposed runoff discharge points from the site.
[3]
Proposed building envelopes and other land area to be disturbed
and size in acres.
[4]
All woodland areas, those proposed to be lost or transplanted
during construction and acres or numbers of each. For woodlands proposed
to be lost, show individual trees larger than six inches in diameter
that are located within 20 feet of proposed grading boundaries.
[5]
Temporary access drive and specified surface material and minimum
depth (including a plan detail).
[6]
Temporary flow diversion devices for upslope or roof runoff
until site is stabilized.
[7]
Temporary sediment trapping devices for site perimeter and inlets
to culverts and storm drains.
[8]
Temporary settling basin or other BMP to be used for site dewatering
during utility or other subsurface work.
[9]
Temporary soil stockpile sites indicating setbacks from nearby
water resources or environmental corridors and the proposed erosion
protection methods.
[10]
Detailed drawings and cross-sections for any sediment
traps, basins or other major cut or fill areas requested by the Village,
showing side slopes and elevations.
[11]
Final stabilization measures for open channels
and erosion protection for pipe and channel inlets, outlets and emergency
spillways.
[12]
Location of proposed utilities, including: standard
cross section for buried utilities, associated easements, labeling
the type of utility and notes on erosion control and restoration plans.
[13]
Final site stabilization instructions for all
other disturbed areas, showing areas to be stabilized in acres, depth
of applied topsoil, seed types, rates and methodology, fertilizer,
sod or erosion matting specifications, maintenance requirements until
plants are well established, and other BMPs used to stabilize the
site.
[14]
Detailed construction notes clearly explaining
all necessary procedures to be followed to properly implement the
plan, including estimated starting date of grading, timing and sequence
of construction or demolition, any construction stages or phases,
utility installation, dewatering plans, refuse disposal, inspection
requirements, and the installation, use, and maintenance of best management
practices proposed in the plan.
[15]
Location of soil evaluations with surface elevations and unique references to supplemental soil evaluations report forms in accordance with § 384-12E below. Also show estimated seasonal water table depths and soil textures down to planned excavation depths, which may be on a separate map with sufficient references to the proposed site plan. [Note: Water table depths are needed to plan for dewatering activities for excavations and utility installations and to document compliance with water table separation requirements under § 384-11D below. The separate map may be at a different scale if needed. Soil textures help the project engineer and grading contractor plan for excavation, soil stockpiles, earthen berm compaction, pond lining, dust control, site stabilization and other grading related activities.]
[16]
Other items specified by the Village as necessary
to ensure compliance with this chapter.
(c)
Supporting information for the plan reviewer only:
[1]
A narrative summary of the erosion control plan, briefly explaining the overall plan and any unique information that led to the selection of BMPs and how the plan meets the guiding principles under Subsection B above and the specific requirements under Subsection C above. [Note: This information may be combined with a narrative for the stormwater management plan under § 384-11F(12). The information may also be useful to the grading contractor and could be included in the construction notes on the plan map under Subsection B(14) above.]
[2]
Summary of design data for any structural BMP such as sediment
basins or sediment traps. A professional engineer, licensed in the
State of Wisconsin, shall stamp and sign a statement approving all
designs and certifying that they have read the requirements of this
chapter and that, to the best of their knowledge, the submitted plans
comply with the requirements.
[3]
Open channel design and stabilization data to support the selected
BMPs for stabilization.
[4]
Soil evaluation reports, in accordance with the standards in § 384-12D, with unique references and elevations that match the map under Subsection B(15) above.
[5]
Estimated time soil stockpiles will exist to support the selected
BMPs for erosion control.
[6]
Documentation that proposed utility locations and installation
scheduling has been coordinated with the affected utility companies:
[7]
Documentation of any other calculations used to demonstrate
compliance with the performance standards in this section.
A.
General stormwater management plan requirements. A stormwater management
plan shall describe how the permit holder and any other responsible
party will meet the stormwater management requirements of this section
and other related requirements in this chapter. All stormwater management
plans and associated BMPs shall comply with the planning, design,
implementation and maintenance requirements described in this chapter.
B.
Guiding principles for stormwater management. To satisfy the requirements
of this section, a stormwater management plan shall, to the maximum
extent practicable, adhere to the following guiding principles:
(1)
Preserve natural watershed boundaries and drainage patterns.
(2)
Reserve adequately sized areas for stormwater infiltration, detention
and treatment early in the site planning process.
(3)
Locate stormwater BMPs prior to runoff leaving the site or entering
waters of the state, and outside of wetlands, floodplains, primary
or secondary environmental corridors or isolated natural areas.
(4)
Minimize soil compaction and maintain predevelopment groundwater
recharge areas.
(5)
Minimize impervious surfaces and have them drain to vegetated areas
for pollutant filtering and infiltration.
(6)
Emphasize vegetated swales, warm season and wetland plantings, and
low flow velocities for stormwater conveyance, treatment and infiltration,
especially for transportation-related projects. [Note: Tall, dense,
deep-rooted vegetation and low flow velocities in open channels encourage
infiltration and increase their effectiveness for runoff pollutant
removal. Check dams may also be included in the swale design to slow
runoff flows and improve pollutant removal. Soil amendments such as
compost can help reduce soil compaction and increase infiltration.]
(7)
Allow for different stormwater management strategies for cleaner
runoff (i.e., roofs) versus more polluted runoff (i.e., heavily used
streets and parking lots).
(8)
Provide for emergency overflow in all stormwater BMP designs.
(9)
Distribute stormwater bioretention and infiltration BMPs throughout
the site plan for large land developments.
C.
Site plan map requirements. A site plan map and supporting data of
site conditions at a scale of one inch equals no more than 100 feet
(unless otherwise noted) shall delineate or display all the following
applicable items:
(1)
Development title, graphic scale and north arrow.
(2)
Property location description by public land survey system (1/4 section,
section, township, range, county).
(3)
Location map (smaller scale) showing the site location within a public land survey section or subdivision, oriented the same as Subsection C(4) below.
(4)
Ownership boundaries, bearings, lengths and other survey references
that will accurately identify the site location, in accordance with
Ch. 236, Wis. Stats., and county mapping standards for all land divisions.
(5)
Lot numbers and dimensions, including outlots for all land divisions.
(6)
Name and complete contact information for the applicant, landowner,
developer and project engineer.
(7)
Surveyor's certificate, signed, dated and sealed for all land
divisions.
(8)
Sheet numbers and revision dates on every page.
(9)
Existing site topography at a contour interval not to exceed two
feet, including spot elevations for physical features such as culvert
(invert elevations), retaining walls, road and ditch centerlines and
topographic high and low points.
(10)
Location and name, if applicable, of all lakes, streams, channels,
ditches, and other water bodies or areas of channelized flow on or
adjacent to the site.
(11)
Location and name, if applicable, of all wetlands and identification
of source of delineation. For final land divisions, these boundaries
shall be field verified.
(12)
Boundaries of shoreland zones and the ordinary high water mark
(OHWM) for any navigable water body as defined by the Village of Wales
Shoreland and Floodland Protection Ordinance.[1] For final land divisions, the OHWM boundaries shall be
field verified.
(13)
Boundaries and elevation of the one-hundred-year floodplains,
flood fringes and floodways, as defined by the Village of Wales Shoreland
and Floodland Protection ordinance. For final land divisions, these
boundaries and elevations shall be field verified.
(14)
Boundaries and soil symbol for each soil mapping unit and the
identification of all hydric soils as defined by the United States
Department of Agriculture Natural Resources Conservation Service.
(15)
Locations of all available soil borings or soil profile evaluations
with unique references to supplemental data report forms.
(16)
Location of primary and secondary environmental corridors, as
defined by the Southeastern Wisconsin Regional Planning Commission.
For final land divisions, these boundaries shall be field verified.
(17)
Location and description of isolated natural area boundaries
as defined by the Southeastern Wisconsin Regional Planning Commission,
woodland areas and other vegetative cover types.
(18)
Location and descriptive notes for existing and proposed structures
within 50 feet of the property boundaries and their proposed use,
including but not limited to buildings and foundations, roads, parking
areas, fence lines, access lanes, culverts (include size and type),
aboveground utilities and retaining walls.
(19)
Location and descriptive notes for other known existing site
features including but not limited to rock outcrops or other karst
features, tile drains, buried utilities, dumps, landfills, manure
or other waste storage facilities.
(20)
Boundaries and descriptive notes for all applicable setbacks and for protective areas, as specified in Subsection D(4) of this section.
(21)
Location and descriptive notes for any existing or proposed
easements, rights-of-way vision corners or other known site restrictions.
Road rights-of-way and building setbacks shall be in compliance with
all applicable administrative codes, adopted plans and ordinances.
(22)
Location and descriptive notes for existing and proposed public
dedications of parcels or rights-of-way.
(23)
Location and descriptive notes for preplanned building or waste
disposal sites, when limited by site features.
(24)
Location and documentation of any existing (on-site or off-site)
well and delineation of any applicable regulatory setbacks, in accordance
with Chs. NR 811 and 812, Wis. Adm. Code.
(25)
Notes describing source documents, date and measure of accuracy
for all applicable mapping features noted above.
(26)
Other site information that the Village determines is necessary
to administer this chapter.
D.
Specific stormwater management plan requirements and performance
standards. All stormwater management plans and associated BMPs shall
meet the following minimum requirements to the maximum extent practicable.
It is highly recommended that the applicant meet with the Village
Engineer prior to preparing a stormwater management plan to determine
the applicability of these requirements early in the site planning
process.
(1)
Peak discharge.
(a)
Minimum requirement. To minimize downstream bank erosion and the failure of downstream conveyance systems, each facility plan shall, as a minimum, incorporate stormwater management techniques capable of: reducing the release rate for a one-year storm event under developed conditions to a release rate for a one-year storm event under existing conditions; reducing the release rate for a ten-year storm event under developed conditions to a release rate for a two-year storm event under existing conditions; and reducing the release rate for a one-hundred-year storm event under developed conditions to a release rate for a ten-year storm event under existing conditions. This requirement may be relaxed by the Village Board, subject to prior review by the Village Engineer and the petitioner's demonstration of compliance with meeting minimum state code requirements, provided there is a compelling argument that the facilities meet "maximum extent practicable" standards. Modeling requirements for this provision are further described in § 384-12 below.
(2)
Total suspended solids. By design, each stormwater management plan
shall meet the following post-development total suspended solids reduction
targets, based on average annual rainfalls, as compared to no runoff
management controls:
(a)
For new land development and infill development, 80% reduction
in total suspended solids load.
(b)
For redevelopment, 40% reduction of total suspended solids load from parking areas and roads. [Note: The first flush of stormwater runoff from an urban landscape contains the vast majority of pollutants, which tend to be associated with suspended solids. Pollutant loading models such as SLAMM, P8 or equivalent methodology may be used to evaluate the efficiency of the design in reducing total suspended solids under Subsection A above.]
(3)
Infiltration. BMPs shall be designed, installed, and maintained to
infiltrate runoff in accordance with Table 1 below:
|
Table 1
| |||
|---|---|---|---|
|
Post-Development Infiltration Performance Standards
| |||
|
Percent Connected Impervious Surface
|
Description/Example Land Uses
|
Post-development Infiltration Volume
|
Maximum Effective Infiltration Area Required
|
|
Up to 40%
|
Low imperviousness areas such as: low-density residential, parks,
cemeteries
|
90% of pre-development
|
1% of site
|
|
More than 40%, up to 80%
|
Medium imperviousness areas such as: medium- and high-density
residential, multifamily residential, industrial, institutional, office
park
|
75% of pre-development
|
2% of site
|
|
Greater than 80%
|
High imperviousness areas such as: commercial strip malls, shopping
centers, commercial downtowns
|
60% of pre-development
|
2% of site
|
|
NOTES:
| |
|
1.
|
All percentages are based on average annual rainfall.
|
|
2.
|
For low-density residential developments, the post-development
infiltration volume shall not be less than 25% of the two-year, twenty-four-hour
storm.
|
(a)
Pretreatment. Pretreatment shall be required before infiltrating parking lot and road runoff from commercial, industrial and institutional areas. 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) below. Pretreatment options may include, but are not limited to, oil/grease separators, sedimentation or bioretention basins, filtration swales or filter strips. All designs shall comply with the technical standards in § 384-12B. [Note: To achieve the infiltration requirement for the parking lots or roads, "maximum extent practicable" should not be interpreted to require significant topography changes that create an excessive financial burden. To minimize potential groundwater impacts, it is desirable to infiltrate the cleanest runoff. To achieve this, a design may propose greater infiltration of runoff from low pollutant sources such as roofs, and less from higher pollutant source areas such as parking lots.]
(b)
Infiltration exclusions. Infiltration of runoff shall not be
credited toward meeting the requirements of this subsection for the
following:
[1]
Areas associated with a Tier 1 industrial facility identified
in § NR 216(2)(a), Wis. Adm. Code., including storage, loading,
and parking. Rooftops may be infiltrated with the concurrence of the
regulatory authority.
[2]
Storage and loading areas of a tier 2 industrial facility identified
in § NR 216.21(2)(b), Wis. Adm. Code. Note that runoff from
employee and guest parking and rooftop areas of a tier 2 facility
may be infiltrated but runoff from the parking area may require pretreatment.
[3]
Runoff from fueling and vehicle maintenance areas, not including
rooftops and canopies.
[4]
Infiltration of runoff within 1,000 feet upgradient or within
100 feet downgradient of karst features.
[5]
Areas within 400 feet of a community water system well as specified
in § NR 811.16(4), Wis. Adm. Code, or within 100 feet of
a private well as specified in § NR 812.08(4), Wis. Adm.
Code, for runoff infiltrated from commercial, industrial and institutional
land uses or regional devices for residential development, not including
rooftop runoff.
(c)
Infiltration exemptions. The infiltration requirements of this
subsection do not apply to frozen soil conditions and may be exempted
if:
[1]
Soils have a measured infiltration rate of less than 0.6 inch
per hour using a scientifically credible field test method and the
Village Engineer determines it would be impracticable to modify existing
soil conditions.
[2]
Where the least permeable soil horizon to five feet below the
proposed 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.
(d)
Separation distances. 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
season high groundwater or the top of bedrock are in accordance with
the following table:
|
Separation Distances and Soil Characteristics
| ||
|---|---|---|
|
Source Area
|
Separation Distance
|
Soil Characteristic
|
|
Industrial, commercial, institutional parking lots and roads
|
5 feet or more
|
Filtering layer
|
|
Residential arterial roads
|
5 feet or more
|
Filtering layer
|
|
Roofs draining to subsurface infiltration practices
|
1 foot or more
|
Native or engineered soil with particles finer than coarse sand
|
|
Roofs draining to surface infiltration practices
|
Not applicable
| |
|
All other impervious source areas
|
3 feet or more
|
Filtering layer
|
(e)
Alternate runoff uses. Where storage and reuse of runoff are
employed, such as to support green roofs, landscape watering, toilet
flushing, laundry or irrigation, such alternate uses shall be given
equal credit toward the infiltration volume required by this section.
(f)
Groundwater protection.
[1]
Infiltration systems designed in accordance with this subsection
shall, to the extent technically and economically feasible, minimize
the level of pollutants infiltrating to groundwater and shall maintain
compliance with the preventive action limit at a point of standards
application in accordance with Ch. NR 140, Wis. Adm. Code. However,
if site-specific information indicates that compliance with a preventive
action limit is not achievable, the infiltration BMP may not be installed
or shall be modified to prevent infiltration to the maximum extent
practicable.
[2]
The discharge from BMPs shall remain below the enforcement standard
at the point of standards application.
[3]
No stormwater BMP shall be installed that meets the definition
of an injection well under Ch. NR 812, Wis. Adm. Code.
[4]
All stormwater BMPs shall comply with the provisions of any
applicable wellhead protection plan for a community water supply under
Ch. NR 811, Wis. Adm. Code.
(4)
Protective areas.
(a)
Definition. "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, such 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 the Waukesha
County GIS system: 50 feet. If there is a discrepancy between the
Waukesha County GIS system and the applicable United States Geological
Survey 7.5-minute series topographic map, the more stringent stream
identification shall apply.
[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 wetlands 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)[5] or [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 Ch. NR 103, Wis. Adm. Code.
[8]
Wetland boundary delineations shall be made in accordance with
Ch. NR 103.08(1m), Wis. Adm. Code. This subsection does not apply
to wetlands that have been completely filled in accordance with all
applicable state and federal regulations. The protective area for
wetlands that have been partially filled in accordance with all applicable
state and federal regulations shall be measured from the wetland boundary
delineation after fill has been placed. 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.
(b)
Requirements. The following requirements shall be met for all
land development activity located within a protective area:
[1]
Impervious surfaces shall be kept out of the protective area
entirely or to the maximum extent practicable. If there is no practicable
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 activity occurs within a protective area,
and where no impervious surface is present, adequate sod or self-sustaining
vegetative cover of 70% or greater shall be established and maintained.
The adequate sod or self-sustaining vegetative cover shall be sufficient
to provide for bank stability, maintenance of fish habitat and filtering
of pollutants from upslope overland flow areas under sheet flow conditions.
Nonvegetative materials, such as rock riprap, may be employed on the
bank as necessary to prevent erosion, such as on steep slopes or where
high velocity flows occur. [Note: It is recommended that seeding of
nonaggressive vegetative cover be used in the protective areas. Vegetation
that is flood- and drought-tolerant and can provide long-term bank
stability because of an extensive root system is preferable. Vegetative
cover can be measured using the line transect method described in
the University of Wisconsin Extension Publication Number A3533, titled
"Estimating Residue Using the Line Transect Method."]
[3]
Best management practices such as filter strips, swales, or
wet detention basins that are designed to control pollutants from
nonpoint sources may be located in the protective area. [Note: Other
regulations, such as Ch. 30, Wis. Stats., and Chs. NR 103, 115, 116
and 117, Wis. Adm. Code, and their associated review and approval
process may apply in the protective area.]
(c)
Protective area exemptions. The protective area requirements
of this subsection do not apply to the following:
[1]
Except as provided under § NR 151.121(5), Wis. Adm.
Code, redevelopment postconstruction sites;
[2]
In-fill 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.; and
[5]
Areas of postconstruction sites from which the runoff does not enter the surface water, including wetlands, without first being treated by a BMP to meet the requirements of §§ NR 151.122 to 151.123 Wis. Adm. Code, (TSS and peak flow reduction), except to the extent that vegetative ground cover is necessary to maintain bank stability. [Note: A vegetated protective area to filter runoff pollutants from post-construction sites described in Subsection D(4)(c) above is not necessary since the runoff at that location is treated prior to entering the surface water. Other practices necessary to meet the requirements of this section, such as a swale or basin, will need to be designed and implemented to reduce runoff pollutants before the runoff enters a surface water of the state. The requirements of Ch. NR 103, Wis. Adm. Code, still apply and should be considered before runoff is diverted to or from a wetland.]
(5)
Fueling and vehicle maintenance areas. Fueling and vehicle maintenance
areas shall have BMPs designed, installed and maintained to reduce
petroleum within runoff, such that the runoff that enters waters of
the state contains no visible petroleum sheen, or to the maximum extent
practicable. [Note: A combination of the following BMPs may be used:
oil and grease separators, canopies, petroleum spill cleanup materials,
or any other structural or nonstructural method of preventing or treating
petroleum in runoff.]
(6)
Site drainage. Measures shall be implemented to ensure proper site
drainage, prevent property damage and protect public health and safety,
including the following minimum requirements:
(a)
Drainage easement. Perpetual drainage easements or other deed restrictions shall be recorded on the property to preserve major stormwater flow paths and permanent stormwater BMP locations. Covenants in these areas shall not allow buildings or other structures and shall prevent any grading, filling or other activities that interrupt or obstruct flows in any way. Covenants shall also specify maintenance responsibilities and authorities in accordance with § 384-13.
(b)
Site grading. Site grading shall ensure positive flows away
from all buildings, roads, driveways and septic systems, be coordinated
with the general stormwater drainage patterns for the area, and minimize
adverse impacts on adjacent properties.
(c)
Street drainage. All street drainage shall be designed to prevent
concentrated flows from crossing the traffic lanes to the maximum
extent practicable. Design flow depths at the road centerline for
on-street drainage, shall not exceed six inches during the peak flows
generated by the one-hundred-year, twenty-four-hour design storm,
using planned land use conditions for the entire contributing watershed
area.
(d)
Bridges and cross-culverts. All new or modified bridges and cross-culverts shall comply with applicable design standards and regulations, facilitate fish passage and prevent increased flooding or channel erosion upstream or downstream from the structure. Design flow depths at the road centerline for all crossings shall not exceed six inches during the peak flows generated by the one-hundred-year, twenty-four-hour design storm, using planned land use conditions for the entire contributing watershed area. All predevelopment runoff storage areas within the flow path upstream of bridges and cross-culverts shall be preserved and designated as drainage easements, unless compensatory storage is provided and accounted for in modeling. As-built documentation shall be submitted in accordance with § 384-9 for all new or modified structures that are located within a mapped floodplain or that the Village Engineer determines to be necessary to maintain floodplain modeling for the applicable watershed.
(e)
Subsurface drainage. Basement floor surfaces shall be built
at least one foot above the seasonal high water table elevation, as
documented in the submitted soil evaluations, and shall avoid hydric
soils as much as possible. The Village Engineer or Building Inspector
shall be notified of any drain tiles that are uncovered during construction,
which the Village may require to be restored or connected to other
drainage systems. No discharge of groundwater from tile lines, sump
pumps or other means shall be allowed onto another persons land or
any public space without the written approval of the owner or unit
of government.
(f)
Open channels. All open channel drainage systems shall at a
minimum be designed to carry the peak flows from a ten-year, twenty-four-hour
design storm using planned land use for the entire contributing watershed
area. Side slopes shall be no steeper than three horizontal to one
vertical unless otherwise approved by the Village Engineer for unique
site conditions. Open channels that carry runoff from more than 130
acres shall at a minimum be designed to carry the peak flows from
a twenty-five-year, twenty-four-hour design storm.
(g)
Storm sewers. All storm sewers shall be designed to carry the
ten-year, twenty-four-hour storm by gravity flow within the pipe with
no surcharging and provide flood route for the one-hundred-year, twenty-four-hour
design storm event.
(h)
Structure protection and safety. Flows generated by the one-hundred-year,
twenty-four-hour design storm under planned land use conditions may
exceed the design capacity of conveyance systems, but shall not come
in contact with any buildings. For buildings designed for human occupation
on a regular basis, the following additional requirements shall apply:
[1]
The lowest elevation of the structure that is exposed to the
ground surface shall be a minimum of two feet above the maximum water
elevation produced by the one-hundred-year, twenty-four-hour design
storm, including flows through any stormwater basin that may temporarily
or permanently store water at a depth of greater than one foot; and
[2]
The structure shall be set back at least 50 feet from any stormwater
basin that may temporarily or permanently store water at a depth of
greater than one foot. Setback distance shall be measured from the
closest edge of water at the elevation produced by the one-hundred-year,
twenty-four-hour design storm.
(7)
Additional requirements. The Village may establish more stringent
requirements than the minimums set forth in this section, such as
addressing thermal impacts of stormwater or chronic wetness conditions,
if the Village or DNR determines that an added level of protection
is needed to protect:
E.
Technical exemptions.
(1)
Exemption criteria. Following the provisions of this subsection,
the Village may exempt a site or a portion of a site from meeting
certain technical requirements of this section if the Village determines
that one or more of the following applies:
(a)
Off-site BMP(s). The requirement has been satisfied through
the use of off-site BMP(s). Off-site BMPs could be installed beyond
the boundaries of the property covered by the application as part
of a regional stormwater management plan or through other legal arrangements.
However, to be eligible for this exemption, the off-site BMP(s) must
treat runoff from the site covered by the application;
(b)
Internally drained sites. The site is internally drained and
will not discharge runoff from the site after development occurs;
or
(c)
Site conditions. It is impracticable to meet the requirement
due to site conditions such as slopes, soils, proximity to structures
or desirable trees, limited site dimensions, surrounding land uses,
the potential for groundwater contamination, public health or safety
problems, or other factors beyond the control of the applicant. No
site shall be entitled to an exemption under this paragraph due solely
to the size of the proposed land development activity in relation
to the parcel size. However, the Village Engineer may provide special
consideration in granting exemptions under this paragraph for the
following sites:
[1]
Redevelopment sites.
[2]
In-fill development areas less than five acres.
[3]
Highway projects where limited public right-of-way land is available
for the installation of stormwater BMPs.
[4]
Land developments with less than 10% of the site planned to
be impervious surfaces and the total cumulative area of all impervious
areas is less than one acre using the final build-out condition.
(2)
Application for exemption. An exemption under Subsection E(1) above may only be granted by the Village upon the applicant submitting the following items to the Village, which shall constitute a completed application:
(a)
A written request describing the provisions of this subsection
for which an exception is being requested and an explanation of why:
(b)
A site plan in accordance with Subsection C above, including the delineation of the area and size (in acres) to which the exemption would apply and any other stormwater BMPs required to meet this chapter or as recommended in a regional stormwater management plan;
(c)
The necessary technical documentation to demonstrate that the
site meets one or more of the criteria for which an exemption is being
applied, including documentation of the applicable provisions of any
regional stormwater management plan that may be involved;
(d)
For off-site BMP(s) under Subsection E(1)(a) above:
[1]
Documentation that the necessary BMP(s) have been properly installed, including as-built plans, construction certification and design summaries in accordance with § 384-9D;
[2]
A copy of the recorded maintenance agreement in accordance with § 384-13, and any other easements or legal arrangement that may be involved to ensure the long-term maintenance of the off-site BMP(s).
[3]
Documentation of payment of any applicable fees that may be
required by a unit of governmental charged with implementing a regional
stormwater management plan.
(e)
Other materials that the Village determines to be necessary
to make a determination under this subsection or to comply with this
chapter.
(3)
Review procedure. The Village shall review all exemption application materials submitted under Subsection E(2) above, determine compliance with this section and notify the applicant of a decision within 20 working days of the submittal date, in accordance with the procedures under § 384-8D above. The Village Engineer shall approve all exemptions under Subsection E(1)(c) above. In consideration of all exemption requests, the Village shall ensure that the applicant meets the requirements of this section to the maximum extent practicable.
F.
Stormwater management plan requirements. Final stormwater management
plans shall contain the following applicable items:
(1)
Drafting date and contact information for the project engineer, with
all other mapping elements and scale consistent with the site plan
map.
(2)
Location of existing and proposed stormwater discharge points.
(3)
Delineation and labeling of all proposed impervious areas and accompanying
area computations.
(4)
Final design drawings of all proposed stormwater BMPs with unique
references to support documentation, prepared in accordance with minimum
Village standards and of sufficient clarity for those responsible
for site grading, including:
(a)
Plan views showing the location of proposed BMPs in combination
with the site plan map at a scale of one inch equals no more than
100 feet.
(b)
Additional detail plan view drawings at a scale of one inch
equals no more than 40 linear feet, showing proposed two-foot contours
and all critical design features and elevations.
(c)
Detailed cross-sections and profiles of each BMP showing all
critical design features, side slopes, structures, soil profiles and
applicable elevations, including seasonal high water table.
(d)
Detailed drawings or material specifications for inlets or outlets.
(5)
Type, size, location and cross sections of all pipes, open channels,
grade stabilization structures and other proposed stormwater conveyance
systems, with unique references to support documentation.
(6)
Location and dimensions of proposed drainage easements.
(7)
Location, dimensions and surfacing material or soils data of proposed access lanes and delineation of easements needed to allow future maintenance of all stormwater BMPs in accordance with § 384-13B below (or another suitable document). The minimum width of any access easement shall be 15 feet.
(8)
Location of soil borings and soil profile evaluations with surface
elevations and unique references to supplemental data sheets, as needed
to determine feasibility of any proposed stormwater BMP and to comply
with applicable technical standards.
(9)
Detailed construction notes explaining all necessary procedures to
be followed to properly implement the plan, including planting and
landscaping specifications, timing and sequencing of construction
and any temporary measures needed to protect BMPs during the construction
phase. [Note: Some BMPs, such as infiltration and bioretention practices,
are susceptible to sedimentation and may need to be protected during
construction or planned for construction later in the project sequence.]
(10)
A detailed construction inspection plan, outlining the critical
elements in the plan that need to be surveyed or inspected by a representative
of the project engineer, the Village Engineer, Building Inspector
or the municipality, and the timing and notification requirements
involved. [Note: Examples of critical elements for a construction
inspection plan include, but are not limited to: checking subgrade
elevations or the placement of footings, pipes or other structures
prior to covering, soil testing, material inspections and final grade
checks before seeding. Any inspections conducted by the Village representative
do not waive the permit holder's responsibility for construction
oversight and verification.]
(11)
A final stormwater BMP maintenance agreement, if required by the Village, in accordance with § 384-13.
(12)
Support documentation summarized in accordance with Village
standards, including but not limited to:
(b)
Maps of existing and proposed watersheds, subwatersheds, Tc/Tt
flow paths, soil types, hydrologic soil groups, land uses/cover type
and accompanying runoff curve numbers within the site and draining
into the site from adjacent properties, with unique references to
hydrology data summaries and a description of the ultimate receiving
water body(ies) for off-site discharges.
(c)
Predevelopment and postdevelopment hydrology and pollutant loading (if applicable) data for each watershed, such as peak flows and runoff volumes, as needed to meet the requirements of this chapter. All major assumptions used in developing input parameters shall be clearly stated and cross-referenced to the maps under Subsection B above.
(d)
Impervious surface maps and calculations of runoff volumes and effective infiltration areas, in accordance with Subsection D(3) above;
(e)
Hydraulic and hydrologic data summaries for all existing and proposed pipes, open channels, grade stabilization structures and other stormwater conveyance systems, and the necessary documentation to demonstrate compliance with the site drainage requirements under Subsection D(6) above.
(f)
BMP design data for each proposed BMP, showing how it complies
with applicable technical standards and the requirements of this chapter.
(g)
Soil evaluation reports, following the standards in § 384-12E, with matching references to map features showing their location and elevations.
(h)
A cover sheet stamped and signed by a professional engineer
registered in the State of Wisconsin indicating that all plans and
supporting documentation have been reviewed and approved by the engineer
and certifying that they have read the requirements of this chapter
and that, to the best of their knowledge, the submitted plans comply
with the requirements.
(i)
Cost estimates for the installation of proposed stormwater BMPs, which shall serve as a basis for the financial assurance under § 384-9C above.
(j)
For sites where changes are proposed in stormwater flow paths,
or where proposed stormwater discharges may otherwise have a significant
negative impact on downstream property owner(s), the Village may require
the applicant to submit written authorization or complete other legal
arrangements with the affected property owner(s).
(13)
Other items deemed necessary by the Village to ensure compliance
with the requirements of this chapter.
A.
Hydrologic and hydraulic computations.
(1)
Models. All computations of runoff volumes and peak flow rates used
in the development of erosion control and stormwater management plans
in accordance with this chapter shall be based on United States Department
of Agriculture Natural Resources Conservation Service (NRCS) methodology.
Models such as SLAMM, P8 or other Village-approved models may be used
to evaluate the efficiency of the design in reducing total suspended
solids to meet this chapter. Models such as RECARGA or other Village-approved
models may be used to evaluate the efficiency of the design in meeting
the infiltration requirements of this chapter.
(2)
Rainfall depths. To determine compliance with this chapter, the following
design storm rainfall depths shall be used, which are based on Volume
8 of Atlas 14, published by the United States Department of Commerce,
National Oceanic and Atmospheric Administration, National Weather
Service, 2013:
|
Design Storm
|
1-year
24-hour
|
2-year
24-hour
|
10-year
24-hour
|
100-year
24-hour
|
|---|---|---|---|---|
|
Rainfall Depth
(inches)
|
2.40
|
2.70
|
3.81
|
6.18
|
(3)
Runoff curve numbers. All computations of predevelopment conditions
as specified in this chapter shall use those NRCS runoff curve numbers
assigned for a "good" hydrologic condition for each land cover type.
For lands where the predevelopment land use was cropland, the following
NRCS curve number values shall be used as maximums:
|
Soil Hydrologic Group
|
A
|
B
|
C
|
D
|
|
NRCS Runoff Curve Number
|
55
|
69
|
78
|
83
|
|
NOTE: Soil hydrologic groups can be found on the County GIS
system.
|
(4)
Average annual rainfalls. All modeling involving average annual rainfall
or runoff volumes shall use rainfall data from the Milwaukee area
between March 28 and December 6, 1969, as the typical annual rainfall
pattern for the Village and Waukesha County.
(5)
Rainfall distribution. All peak flow calculations shall use MSE 3
distribution patterns, as defined in NRCS methodologies.
(6)
Other methods. All velocity and peak flow computations for open channels
and storm sewer pipe flows shall be based on Manning's Formula.
Flow routing, culvert design, weir and orifice flow and other related
hydraulic computations used to design stormwater management facilities
shall be based on standard applicable engineering formulas. Any design
data or methodology proposed to be used for hydrologic or hydraulic
computations other than those prescribed in this chapter shall be
approved by the Village Engineer. Revisions or updates to the rainfall
depths and distribution prescribed above may be allowed upon approval
by the applicable regulatory agencies.
B.
Best management practice (BMP) design standards.
(1)
The design, installation and maintenance of all BMPs used to meet
the requirements of this chapter shall comply with the technical standards
identified, developed or disseminated by the Wisconsin Department
of Natural Resources under Subchapter V of Ch. NR 151, Wis. Adm. Code.
C.
Construction specifications. The construction or installation of
all BMPs and BMP components shall comply with all applicable manufacturers
and industry standards and specifications, including but not limited
to those published by ASTM and the United States Department of Agriculture
Natural Resources Conservation Service (NRCS).
D.
Soil evaluations. All soil profile evaluations and forms submitted for review by the Village under the provisions of this chapter shall be completed in accordance with Ch. SPS 385, Wis. Adm. Code, and any applicable standards under Subsection B above. Where there are no specific standards for the number, location or depth of soil profile evaluations for a proposed BMP, the Village shall determine the minimum requirements based on the design of the BMP and the likely variability of the on-site soils.
E.
Future revisions or updates. The technical references in this section
are made a part of this chapter and shall be updated periodically
in order to keep current with field experiences, research, technological
advances and the development of related technical standards by other
agencies and units of government. Any future revisions of the documents
incorporated herein are also made part of this chapter unless otherwise
acted upon by the Village.
A.
Maintenance agreement required. If required by the Village, a maintenance
agreement shall be required for all permanent stormwater BMPs installed
to comply with the requirements of this chapter. The maintenance agreement
shall comply with all provisions of this section. The Village Board
or Village Engineer may not require a stormwater maintenance agreement
if the applicant demonstrates that the minimum requirements are contained
in another recordable document such as a development agreement.
B.
Agreement provisions. The maintenance agreement shall, at a minimum,
contain the following information and provisions:
(1)
Ownership. Identification of the owner(s) of the land parcel(s) where the stormwater BMP(s) is located. Ownership shall be the same as those assigned maintenance responsibilities under Subsection B(6) below, unless otherwise designated in a regional stormwater management plan and approved by the applicable unit(s) of government. For subdivisions, all stormwater BMPs that collect runoff from more than one lot shall be located on outlots. For all privately owned outlots, ownership shall be by proportional undividable interest for all properties that are within the control of the applicant and drain to the BMP. However, the applicant may combine ownership of more than one BMP within the site.
(2)
Location. A legal description and survey map of the stormwater BMP
location(s), showing associated drainage or access easements required
to maintain the BMP.
(3)
Design. Detailed drawings of each stormwater BMP and a general description
of its purpose and design, including but not limited to BMP dimensions
and elevations, inlet and outlet designs and elevations and the drainage
area served by the BMP. If possible, use as-built survey information.
(4)
Maintenance plan. A description of all long-term maintenance activities
that will likely be required for each BMP included in the agreement,
and an estimated time interval between each activity.
(5)
Access. Authorization for vehicle access, including a minimum fifteen-foot
wide access easement dedicated to the local municipality and connecting
to a public road right-of-way, to allow for future BMP maintenance
work. The access easement shall be of adequate soil conditions or
surfacing to withstand loads produced by standard construction equipment,
and shall not include any area where channelized flow of runoff occurs
or where stormwater may pond to a depth greater than six inches during
a one-hundred-year, twenty-four-hour design storm.
(6)
Maintenance responsibility. Identification of the person(s), organization,
municipality or other entity responsible for long-term maintenance
of the stormwater BMP. The assignment of maintenance responsibilities
for a privately owned stormwater BMP shall, at a minimum, include
all properties that are within the control of the applicant and drain
to the BMP. However, the applicant may combine the maintenance responsibilities
of more than one BMP within the site.
(7)
Inspections. Authorization for access to the property by representatives of the Village to conduct inspections of the BMP, monitor its performance and maintenance, and notify the designated entity when maintenance or repair activities are necessary. A statement shall also be included that says, upon written notification by the local municipality or their designee, that the entity under Subsection B(6) above shall, at their own cost and within a reasonable time period, have a BMP inspection conducted by a qualified professional, file a report and complete any maintenance or repair work recommended in the report.
(8)
Municipal maintenance. Authorization for the local municipality or their designee to carry out any maintenance activities and associated inspections if the entity identified under Subsection B(6) above does not perform the required activity within the specified time period in the notification or if the local municipality does not accept the work conducted by the designated entity.
(9)
Special assessment. A statement that the applicable local unit of government may exercise their statutory authority to levy and collect a special assessment or charge pursuant to Subchapter VII of Ch. 66, Wis. Stats., or § 60.0627, Wis. Stats., for towns, for any services carried out relating to Subsection B(7) or (8) above.
(10)
Binding agreement. A statement confirming that the entire agreement
shall remain binding on all subsequent owners of the property upon
which the stormwater BMP is located and that the restrictions shall
run with the land and on any other property which is subject to maintenance
responsibility in the agreement.
(11)
Agreement modifications. Sole authorization for the unit of government named under Subsection B(9) above to modify the provisions of the agreement upon thirty-day notice to the current owner(s) and other parties responsible for maintenance of the stormwater BMP. Any changes made to the agreement shall maintain the minimum items listed in this subsection and ensure the long term maintenance of the BMP.
(12)
Other. Other information as determined to be necessary by the
Village/Village Engineer to ensure compliance with this chapter.
C.
Agreement form, approval and recording.
(1)
Form. The Village shall provide the applicant with sample maintenance
agreement forms that comply with the requirements of this section.
(2)
Approval. The Village Attorney and Engineer shall review and approve the form and content of all maintenance agreements proposed under this chapter and ensure compliance with all provisions of this section. If the agreement does not comply, the appropriate Village representative shall notify the applicant what changes are needed in order to comply, in accordance with the plan review procedures in § 384-8 above.
(3)
Recording. Upon evaluation of compliance with Subsection C(1) and (2) above by the Village Attorney and Engineer, the maintenance agreement shall be recorded at the Waukesha County Register of Deeds referencing any plat, certified survey or other ownership transfer device pertaining to land which contains the subject stormwater BMP or is subject to maintenance responsibility in the approved agreement. For new land divisions, the recording of the maintenance agreement shall occur simultaneously with the recording of the land division. However, no stormwater BMP maintenance agreement shall be recorded prior to Village approval. The Village may require that the Village Clerk record the agreement.
A.
Prohibitions.
(1)
Discharges. Except for stormwater and other discharges specifically exempted under Subsection B below, no discharge, spilling or dumping of substances or materials shall be allowed into receiving water bodies or onto driveways, sidewalks, parking lots or other areas that drain into the storm drainage system.
(2)
Connections. The construction, use, maintenance or continued existence
of illicit connections to the storm drainage system is prohibited.
This prohibition expressly includes, without limitation, illicit connections
made prior to the adoption of this chapter, regardless of whether
the connection was permissible under law or practice applicable or
prevailing at the time of connection.
B.
Exemptions. The following activities are exempt from the provisions
of this section unless found to have an adverse impact on the stormwater:
(1)
Discharges authorized by a permit issued by the Wisconsin Department
of Natural Resources.
(2)
Discharges resulting from fire-fighting activities.
(3)
Discharges from uncontaminated ground water, potable water source,
roof drains, foundation drain and sump pump, air-conditioning condensation,
springs, lawn watering, individual residential car washing, water
main and hydrant flushing and swimming pools if the water has been
dechlorinated.
C.
Notice of violation. Whenever the Building Inspector, Village Engineer,
or other Village Official finds a violation of this section, the Village
may order compliance by written notice of violation to the responsible
party. Such notice may be delivered by Village staff or law enforcement
personnel, and may require without limitation:
A.
The Village Board authorizes the Village Engineer (or Building Inspector,
as applicable) to inspect active construction sites at least once
per month, to ensure that stormwater management and erosion control
practices are in place and functioning in accordance with designs
submitted by the permit holder. [At the direction of the Village Board,
these inspections may be suspended or reduced in scope during winter
months or during other conditions (such as frozen ground) where there
is minimal chance of soil erosion or stormwater runoff issues.] The
Village Engineer/Building Inspector will notify the permit holder,
in writing or e-mail, of any deficiencies which require correction,
and provide a copy of the notification to the Village Clerk. The permit
holder shall correct said deficiencies within 10 calendar days, or
notify the Village Engineer or Building Inspector, in writing, of
a reasonable time frame in which the deficiencies will be corrected.
The Village Board authorizes the Village Engineer/Building Inspector
to perform more frequent inspections if the permit holder does not
correct the deficiencies, or if conditions warrant. The inspections
will continue until the Village formally accepts the project as complete,
or if the Village Board accepts the Village Engineer's or Building
Inspector's recommendation that inspections are no longer required.
Following project completion, the Village Engineer may inspect stormwater
management facilities as necessary, if authorized by the Village Board,
to ensure that the facilities are being maintained. The Village Engineer
or Building Inspector will notify the Village of the cost of the inspections
(on a monthly basis), and the Village will bill the permit holder
for the cost of said inspections.
B.
The Village Board authorizes the Village Engineer (or other Village
staff) access to property to inspect all existing stormwater facilities
within the Village a minimum of once per year, regardless of when
the facilities were constructed. The Engineer will create a record
of this inspection, and, if necessary, notify the responsible party,
in writing, that repairs are required within a ten-day period, or
other period deemed appropriate. If the repairs are not made within
the specified period (or an acceptable schedule for repairs is not
submitted), the Village shall have the authority to make said repairs
and bill the responsible party immediately following the repairs,
or make an assessment against the property on the tax rolls.
C.
The Village recognizes that developments with one acre or more are required to obtain a Department of Natural Resources permit under Ch. NR 216, Wis. Adm. Code, and to maintain site erosion controls and stormwater BMPs in accordance with that permit, until the permit holder formally submits a Notice of Termination to the Department of Natural Resources. As such, the permit holder must perform periodic inspections of said controls and BMPs (usually weekly or after each one-half-inch or larger rainfall), maintain said practices, and prepare a report of the inspection and corrective action. The Village requires that the permit holder maintain an inspection log and submit copies of reports to the appropriate Village official, per § 384-9.
A.
Prohibited practices. Not complying with any requirement of this
chapter shall be deemed a violation, and shall subject the responsible
party to enforcement action under this section. Prohibited practices
shall include but not limited to the following:
(1)
Commencing any land-disturbing or land development activity prior
to:
(a)
Obtaining an erosion control or stormwater permit;
(b)
Notifying the Village Engineer/Building Inspector a minimum
of two working days in advance for sites that have obtained a stormwater
permit; or
(c)
Installing those BMPs identified in the approved plans to be
installed prior to any land-disturbing or land developing activity.
(2)
Failing to obtain Village Engineer evaluation of compliance for a final plat or certified survey map in accordance with § 384-8D of this chapter.
(3)
Failing to comply with all permit conditions, erosion control or
stormwater management requirements and approved plans in accordance
this chapter.
(4)
Failing to maintain BMPs until permit termination.
(5)
Failing to comply with any notice of violation.
B.
Violations. The Village/Village Engineer/Building Inspector shall
notify the permit holder of any violation in writing or e-mail, and
copy any other known responsible party involved in the violation.
The written notice shall be hand-delivered or e-mailed to the permit
holder or sent to the last known address, with a reasonable attempt
to verify that the permit holder received it. The notice shall describe
the violation, remedial action(s) needed and a schedule for all remedial
action to be completed. Any enforcement measures shall continue until
compliance is achieved or as ordered by the court. The Village is
authorized to use the following methods of enforcement in any combination
thereof against any applicant or responsible party that is found to
be in violation of any provision of this chapter:
(1)
Forfeiture. Any violator shall be subject to a forfeiture of not
less than $100 or more than $1,000 plus the cost of prosecution for
each violation. Each day that a violation exists shall constitute
a separate offense.
(2)
Stop-work order. Any violator is subject to an order to stop all
work except that which is needed as a corrective action to bring the
site into compliance.
(3)
Permit revocation. The Village may revoke a permit issued under this
chapter. Upon loss of the permit, all construction shall cease and
the site shall be stabilized, with any costs incurred by the Village
to be charged against the financial assurance or billed to the permit
holder.
(4)
Injunction. The Village, or any person affected by activities regulated
under this chapter, may enforce the provisions of this chapter by
a temporary restraining order, injunction and other such relief as
a court may order.
(5)
Declared nuisances. Any land-disturbing or land development activity
carried out in violation of the provisions of this chapter is hereby
declared to be a nuisance per se, and the Village may apply to any
court of competent jurisdiction to restrain or abate such nuisance.
(6)
Emergency action. The Village may enter upon the property and take
any necessary emergency action if the Village determines that the
site in violation is an immediate threat to public health, safety,
welfare, the environment or downstream property, or if the permit
holder or other violator refuses to take the corrective action as
ordered by the Village Board or Village Engineer. Any cost incurred
by the Village as a result of this action shall be billed to the permit
holder or other responsible party or subtracted from the financial
assurance. The Village shall provide reasonable notice to the permit
holder and other responsible party after exercising this authority.
C.
Appeals.
(1)
Authority. The Board of Appeals shall act as the review and appeal
authority for any order, requirement, decision or determination by
the Village Engineer, Building Inspector, or other Village official
or body under this chapter.
(2)
Procedure. The rules, procedures, duties and powers of the Board
of Adjustment shall be as provided in the Code of Ordinances and the
provisions of § 61.354, Wis. Stats., shall apply to any
review or appeal under this chapter.
(3)
Variances. Upon appeal, the Board of Appeals may authorize variances
from the provisions of this chapter which are not contrary to the
public interest or the purposes of this chapter, and where owing to
special conditions beyond the control of the applicant, a literal
enforcement of this chapter will result in unnecessary hardship.
(4)
Who may appeal. Appeals to the Board of Appeals may be taken by any
aggrieved person or by the Village President, Village Clerk, or any
Village Trustee affected by any decision of the Village Engineer,
Building Inspector or other Village official, within 30 days of such
decision or order.
A.
Repeal of conflicting ordinances. This chapter repeals all provisions
of an ordinance previously enacted relating to construction site erosion
control and stormwater management regulations. Wherever there may
be a conflict with other Village ordinances relating to erosion control,
stormwater management or site drainage, the more restrictive provision
shall apply, as determined by the Village Board or Engineer.
B.
Declaration of severability. The several sections, subsections and
paragraphs of this chapter are hereby declared to be severable. If
any section, subsection, or paragraph or subparagraph of this chapter
shall be declared by a decision of a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the
other provisions of the chapter, or of the section of which the invalid
portion or paragraph may be a part.
