[HISTORY: Adopted by the Common Council of the City of Waterloo 7-2-2009 by Ord. No.
2009-11. Amendments noted where applicable.]
A.
This chapter is adopted by the City Council under the authority granted
by § 62.234., Wis. Stats. This chapter supersedes all provisions
of an ordinance previously enacted under § 62.23, Wis. Stats.,
that relate to stormwater management regulations. Except as otherwise
specified in § 62.234, Wis. Stats., § 62.23, Wis.
Stats., applies to this chapter and to any amendments to this chapter.
B.
The provisions of this chapter are deemed not to limit any other
lawful regulatory powers of the same governing body.
C.
The City Council hereby designates the City Engineer 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 Section NR
151.004, Wis. Adm. Code.
The Common Council finds that uncontrolled postconstruction
runoff has a significant impact upon water resources and the health,
safety and general welfare of the community and diminishes the public
enjoyment and use of natural resources. Specifically, uncontrolled
postconstruction runoff can:
A.
Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
B.
Diminish the capacity of lakes and streams to support fish, aquatic
life, recreational and water supply uses by increasing pollutant loading
of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
C.
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads.
D.
Reduce the quality of groundwater by increasing pollutant loading.
E.
Threaten public health, safety, property and general welfare by overtaxing
storm sewers, drainageways and other minor drainage facilities.
F.
Threaten public health, safety, property and general welfare by increasing
major flood peaks and volumes.
G.
Undermine floodplain management efforts by increasing the incidence
and levels of flooding.
A.
Purpose. The general purpose of this chapter is to establish long-term,
postconstruction runoff management requirements that will diminish
the threats to public health, safety, welfare and the aquatic environment.
Specific purposes are to:
(1)
Further the maintenance of safe and healthful conditions.
(2)
Prevent and control the adverse effects of stormwater runoff; prevent
and control soil erosion; prevent and control water pollution; protect
spawning grounds, fish and aquatic life; control building sites, placement
of structures and land uses; preserve ground cover and scenic beauty;
and promote sound economic growth.
(3)
Control exceedance of the safe capacity of existing drainage facilities
and receiving water bodies; prevent undue channel erosion; control
increases in the scouring and transportation of particulate matter;
and prevent conditions that endanger downstream property.
B.
Intent. It is the intent of the Common Council that this chapter
regulates postconstruction stormwater discharges to waters of the
state. This chapter may be applied on a site-by-site basis. The Common
Council recognizes, however, that the preferred method of achieving
the stormwater performance standards set forth in this chapter is
through the preparation and implementation of comprehensive, systems-level
stormwater management plans that cover hydrologic units, such as watersheds,
on a municipal and regional scale. Such plans may prescribe regional
stormwater devices, practices or systems, any of which may be designed
to treat runoff from more than one site prior to discharge to waters
of the state. Where such plans are in conformance with the performance
standards developed under § 281.16, Wis. Stats., for regional
stormwater management measures and have been approved by the Common
Council, it is the intent of this chapter that the approved plan be
used to identify postconstruction management measures acceptable for
the community.
A.
Applicability.
(1)
Where not otherwise limited by law, this chapter applies after final stabilization to a site of land-disturbing construction activity meeting any of the criteria in this paragraph, unless the site is otherwise exempt under Subsection A(2):
(a)
A postdevelopment construction site that had one or more acres
of land-disturbing construction activity.
(2)
A site that meets any of the criteria in this paragraph is exempt
from the requirements of this chapter:
(a)
A redevelopment postconstruction site with no increase in exposed
parking lots or roads.
(b)
A postconstruction site with less than 10% connected imperviousness
based on complete development of the postconstruction site, provided
that the cumulative area of all parking lots and rooftops is less
than one acre.
(c)
Nonpoint discharges from agricultural facilities and practices.
(d)
Nonpoint discharges from silviculture activities.
(e)
Routine maintenance for project sites under five acres of land
disturbance if performed to maintain the original line and grade,
hydraulic capacity or original purpose of the facility.
(f)
Underground utility construction such as water, sewer and fiber
optic lines. This exemption does not apply to the construction of
any aboveground structures associated with utility construction.
(3)
Notwithstanding the applicability requirements in Subsection A(1), this chapter applies to postconstruction sites of any size that, in the opinion of the administrating authority, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
B.
Jurisdiction. This chapter applies to postconstruction sites within
the boundaries and jurisdiction of the City of Waterloo.
C.
Exclusions. This chapter is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.,
but also including the office of district attorney, which is subject
to the state plan promulgated or a memorandum of understanding entered
into under § 281.33(2), Wis. Stats.
As used in this chapter, the following terms shall have the
meanings indicated:
A governmental employee, or a regional planning commission
empowered under § 59.693, 60.627, 61.354 or 62.234, Wis.
Stats., that is designated by the Common Council to administer this
chapter.
Has the meaning given in § 281.16, Wis. Stats.
A calendar year of precipitation, excluding snow, which is
considered typical.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or pollutants carried
in runoff to waters of the state.
A day the office of the Common Council 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.
A system for conveying both sanitary sewage and stormwater
runoff.
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency
and total depth of rainfall.
Residential, commercial, industrial or institutional land
uses and associated roads.
The creation from one parcel of three or more parcels or
building sites of 0.5 or fewer acres each in area where such creation
occurs at one time or through the successive partition within a five-year
period.
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
The process by which the land's surface is worn away
by the action of wind, water, ice or gravity.
Waters listed in Section NR 102.11, Wis. Adm. Code.
The unincorporated area within three miles of the corporate
limits of a first- , second- or third-class city, or within 1.5 miles
of a fourth-class city or village.
That all land-disturbing construction activities at the construction
site have been completed and that a uniform, perennial vegetative
cover has been established, with a density of at least 70% of the
cover, for the unpaved areas and areas not covered by permanent structures,
or employment of equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit or similar guarantees submitted to the City of Waterloo
by the responsible party to assure that requirements of this chapter
are carried out in compliance with the stormwater management plan.
City Council.
An area that releases as runoff all or a large portion of
the precipitation that falls on it, except for frozen soil. Rooftops,
sidewalks, driveways, parking lots and streets are examples of areas
that typically are impervious.
An undeveloped area of land located within existing development.
The entry of precipitation or runoff into or through the
soil.
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices, such as swales or roadside channels designed for conveyance
and pollutant removal only.
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater,
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. Land-disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
A legal document that provides for long-term maintenance
of stormwater management practices.
A level of implementing best management practices in order
to achieve a performance standard specified in this chapter which
takes into account the best available technology, cost effectiveness
and other competing issues such as human safety and welfare, endangered
and threatened resources, historic properties and geographic features.
MEP allows flexibility in the way to meet the performance standards
and may vary based on the performance standard and site conditions.
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
Located outside the property boundary described in the permit
application.
Located within the property boundary described in the permit
application.
Has the meaning given in Section NR 115.03(6), Wis. Adm.
Code.
Waters listed in Section NR 102.10, Wis. Adm. Code.
The percentage of a given sample of soil, which passes through
a #200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the administering authority
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 administering authority by the
permit applicant for the purpose of recouping the expenses incurred
by the authority in administering the permit.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
A construction site following the completion of land-disturbing
construction activity and final site stabilization.
The extent and distribution of land cover types present before
the initiation of land-disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
Has the meaning given in Section NR 140.05(17), Wis. Adm.
Code.
Areas where development is replacing older development.
Any entity holding fee title to the property or other person
contracted or obligated by other agreement to implement and maintain
postconstruction stormwater BMPs.
Stormwater or precipitation, including rain, snow or ice
melt or similar water, that moves on the land surface via sheet or
channelized flow.
A conveyance or system of conveyances including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria:
The entire area included in the legal description of the
land on which the land-disturbing construction activity occurred.
An order issued by the administering authority which requires
that all construction activity on the site be stopped.
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has undergone final stabilization
following completion of the construction activity.
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
An edge, or point on the landscape, landward from the ordinary
high-water mark of a surface water of the state, where the slope of
the land begins to be less than 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the initial
50 feet, landward from the ordinary high-water mark, the top of the
channel is the ordinary high-water mark.
The United States Department of Agriculture, Natural Resources
Conservation Service (previously Soil Conservation Service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986.
A rainfall type curve as established in the United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published 1973. The Type II curve is applicable to all of Wisconsin
and represents the most intense storm pattern.
Has the meaning given in § 281.01(18), Wis. Stats.
The following methods shall be used in designing the water quality,
peak flow shaving and infiltration components of stormwater practices
needed to meet the water quality standards of this chapter:
A.
Technical standards identified, developed or disseminated by the
Wisconsin Department of Natural Resources under Subchapter V of Chapter
NR 151, Wis. Adm. Code.
B.
Where technical standards have not been identified or developed by
the Wisconsin Department of Natural Resources, other technical standards
may be used, provided that the methods have been approved by the City
Engineer.
C.
In this chapter, the following year(s) and location(s) has been selected
as average annual rainfall(s): 1981 (March 12 to December 2).
A.
Responsible party. The responsible party shall implement a postconstruction
stormwater management plan that incorporates the requirements of this
section.
B.
Plan. A written stormwater management plan in accordance with § 377-9 shall be developed and implemented for each postconstruction site, when deemed applicable.
C.
Requirements. The plan required under Subsection B shall include the following:
(1)
Total suspended solids. BMPs shall be designed, installed and maintained
to control total suspended solids carried in runoff from the postconstruction
site as follows:
(a)
For new development, by design, reduce the total suspended solids
load by 80%, based on the average annual rainfall, as compared to
no runoff management controls. No person shall be required to exceed
an eighty-percent total suspended solids reduction to meet the requirements
of this subsection.
(b)
For redevelopment, by design, reduce the total suspended solids
load by 40%, based on the average annual rainfall, as compared to
no runoff management controls. No person shall be required to exceed
a forty-percent total suspended solids reduction to meet the requirements
of this subsection.
(c)
For infill development under five acres, by design, reduce the
total suspended solids load by 40%, based on an average annual rainfall,
as compared to no runoff management controls. No person shall be required
to exceed a forty-percent total suspended solids reduction to meet
the requirements of this subsection.
(d)
Notwithstanding Subsection C(1)(a) through (c), if the design cannot achieve the applicable total suspended solids reduction specified, the stormwater management plan shall include a written and site-specific explanation why that level of reduction is not attained and the total suspended solids load shall be reduced to the maximum extent practicable.
(2)
Peak discharge.
(a)
By design, BMPs shall be employed to maintain or reduce the
peak runoff discharge rates, as compared to predevelopment conditions
for the two- and ten-year twenty-four-hour design storm, and safely
pass the one-hundred-year twenty-four-hour design storm applicable
to postconstruction sites. Predevelopment conditions shall assume
"good hydrologic conditions" for appropriate land covers as identified
in TR-55 or an equivalent methodology. The meaning of "hydrologic
soil group" and "runoff curve number" are as determined in TR-55.
However, when predevelopment land cover is cropland, rather than using
TR-55 values for cropland, the runoff curve numbers in Table 1 shall
be used.
|
Table 1
Maximum Predevelopment Runoff Curve Numbers for Cropland
Areas
| |||||
|---|---|---|---|---|---|
|
Hydrologic Soil Group
|
A
|
B
|
C
|
D
| |
|
Runoff Curve Number
|
56
|
70
|
79
|
83
| |
|
NOTE: The curve numbers in Table 1 represent mid-range
values for soils under a good hydrologic condition where conservation
practices are used and are selected to be protective of the resource
waters.
|
(b)
This subsection of the chapter does not apply to any of the
following:
[1]
A postconstruction site where the change in hydrology due to
development does not increase the existing surface water elevation
at any point within the downstream receiving water by more than 0.01
of a foot for the two-year twenty-four-hour storm event.
[2]
A redevelopment postconstruction site.
[3]
An infill development area less than five acres.
(3)
Infiltration. BMPs shall be designed, installed and maintained to infiltrate runoff to the maximum extent practicable in accordance with the following, except as provided in Subsection C(3)(e) through (h).
(a)
For residential developments, one of the following shall be
met:
[1]
Infiltrate sufficient runoff volume so that the postdevelopment
infiltration volume shall be at least 90% of the predevelopment infiltration
volume, based on an average annual rainfall. However, when designing
appropriate infiltration systems to meet this requirement, no more
than 1% of the project site is required as an effective infiltration
area.
[2]
Infiltrate 25% of the postdevelopment runoff from the two-year,
twenty-four-hour design storm with a Type II distribution. Separate
curve numbers for pervious and impervious surfaces shall be used to
calculate runoff volumes and not composite curve numbers as defined
in TR-55. However, when designing appropriate infiltration systems
to meet this requirement, no more than 1% of the project site is required
as an effective infiltration area.
(b)
For nonresidential development, including commercial, industrial
and institutional development, one of the following shall be met:
[1]
Infiltrate sufficient runoff volume so that the postdevelopment
infiltration volume shall be at least 60% of the predevelopment infiltration
volume, based on an average annual rainfall. However, when designing
appropriate infiltration systems to meet this requirement, no more
than 2% of the project site is required as an effective infiltration
area.
[2]
Infiltrate 10% of the runoff from the two-year, twenty-four-hour
design storm with a Type II distribution. Separate curve numbers for
pervious and impervious surfaces shall be used to calculate runoff
volumes, and not composite curve numbers as defined in TR-55. However,
when designing appropriate infiltration systems to meet this requirement,
no more than 2% of the project site is required as an effective infiltration
area.
(d)
Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection C(3)(h). Pretreatment options may include but are not limited to oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips. 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.
(e)
Exclusions.
[1]
The runoff from the following areas are prohibited from meeting
the requirements of this paragraph:
[a]
Areas associated with Tier 1 industrial facilities identified
in Section NR 216.21(2)(a), Wis. Adm. Code, including storage, loading,
rooftop and parking.
[b]
Storage and loading areas of Tier 2 industrial facilities identified
in Section NR 216.21(2)(b), Wis. Adm. Code. Note: Runoff from Tier
2 parking and rooftop areas may be infiltrated but may require pretreatment.
[c]
Fueling and vehicle maintenance areas.
[d]
Areas within 1,000 feet upgradient or within 100 feet downgradient
of karst features.
[e]
Areas with less than three feet separation distance from the
bottom of the infiltration system to the elevation of seasonal high
groundwater or the top of bedrock, except this Subsection C(3)(e)[1][e]
does not prohibit infiltration of roof runoff.
[f]
Areas with runoff from industrial, commercial and institutional
parking lots and roads and residential arterial roads with less than
five feet separation distance from the bottom of the infiltration
system to the elevation of seasonal high groundwater or the top of
bedrock.
[g]
Areas within 400 feet of a community water system well as specified
in Section NR 811.16(4), Wis. Adm. Code, or within 100 feet of a private
well as specified in Section NR 812.08(4), Wis. Adm. Code, for runoff
infiltrated from commercial, industrial and institutional land uses
or regional devices for residential development.
[h]
Areas where contaminants of concern, as defined in Section NR
720.03(2), Wis. Adm. Code, are present in the soil through which infiltration
will occur.
[i]
Any area where the soil does not exhibit one of the following
soil characteristics between the bottom of the infiltration system
and the seasonal high groundwater and top of bedrock: at least a three-foot
soil layer with 20% fines or greater; or at least a five-foot soil
layer with 10% fines or greater. This does not apply where the soil
medium within the infiltration system provides an equivalent level
of protection. This Subsection C(3)(e)[1][i] does not prohibit infiltration
of roof runoff.
(f)
Exemptions. The following are not required to meet the requirements
of this paragraph:
[1]
Areas where the infiltration rate of the soil is less than 0.6
inch per hour measured at the site.
[2]
Parking areas and access roads less than 5,000 square feet for
commercial and industrial development.
[3]
Redevelopment postconstruction sites.
[4]
Infill development areas less than five acres.
[5]
Infiltration areas during periods when the soil on the site
is frozen.
[6]
Roads in commercial, industrial and institutional land uses,
and arterial residential roads.
(g)
Where alternate uses of runoff are employed, such as for toilet
flushing, laundry or irrigation, such alternate use shall be given
equal credit toward the infiltration volume required by this paragraph.
(h)
Pollutants.
[1]
Infiltration systems designed in accordance with this paragraph
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 Chapter NR 140, Wis. Adm. Code. However,
if site-specific information indicates that compliance with a preventive
action limit is not achievable, the infiltration BMP may not be installed
or shall be modified to prevent infiltration to the maximum extent
practicable.
[2]
Notwithstanding Subsection C(3)(h)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
(4)
Protective areas.
(a)
"Protective area" means an area of land that commences at the
top of the channel of lakes, streams and rivers, or at the delineated
boundary of wetlands, and that is the greatest of the following widths,
as measured horizontally from the top of the channel or delineated
wetland boundary to the closest impervious surface. However, in this
paragraph, "protective area" does not include any area of land adjacent
to any stream enclosed within a pipe or culvert, such that runoff
cannot enter the enclosure at this location.
[1]
For outstanding resource waters and exceptional resource waters,
and for wetlands in areas of special natural resource interest as
specified in Section NR 103.04: 75 feet.
[2]
For perennial and intermittent streams identified on a United
States geological survey 7.5-minute series topographic map, or a county
soil survey map, whichever is more current: 50 feet.
[3]
For lakes: 50 feet.
[4]
For highly susceptible wetlands: 50 feet. Highly susceptible
wetlands include the following types: fens, sedge meadows, bogs, low
prairies, conifer swamps, shrub swamps, other forested wetlands, fresh
wet meadows, shallow marshes, deep marshes and seasonally flooded
basins. Wetland boundary delineations shall be made in accordance
with Section NR 103.08(1m). This paragraph 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.
[5]
For less susceptible wetlands: 10% of the average wetland width,
but no less than 10 feet nor more than 30 feet. Less susceptible wetlands
include degraded wetlands dominated by invasive species such as reed
canary grass.
[6]
In Subsection C(4)(a)[1], [4] and [5], determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in Section NR 103.03.
[7]
For concentrated flow channels with drainage areas greater than
130 acres: 10 feet.
(b)
This paragraph applies to postconstruction sites located within a protective area, except those areas exempted pursuant to Subsection C(4)(d).
(c)
The following requirements shall be met:
[1]
Impervious surfaces shall be kept out of the protective area
to the maximum extent practicable. The stormwater management plan
shall contain a written site-specific explanation for any parts of
the protective area that are disturbed during construction.
[2]
Where land-disturbing construction activity occurs within a
protective area, and where no impervious surface is present, adequate
sod or self-sustaining vegetative cover of 70% or greater shall be
established and maintained. The adequate sod or self-sustaining vegetative
cover shall be sufficient to provide for bank stability, maintenance
of fish habitat and filtering of pollutants from upslope overland
flow areas under sheet flow conditions. Nonvegetative materials, such
as rock riprap, may be employed on the bank as necessary to prevent
erosion, such as on steep slopes or where high-velocity flows occur.
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 Chapter 30, Wis. Stats., and Chapters NR 103, 115, 116 and 117, Wis. Adm. Code, and their associated review and approval process may apply in the protective area.
(d)
This paragraph does not apply to:
[1]
Redevelopment postconstruction sites.
[2]
Infill development areas less than five acres.
[3]
Structures that cross or access surface waters, such as boat
landings, bridges and culverts.
[4]
Structures constructed in accordance with Section 59.692(1v),
Wis. Stats.
[5]
Postconstruction sites from which runoff does not enter the surface water, except to the extent that vegetative ground cover is necessary to maintain bank stability. Note: A vegetated protective area to filter runoff pollutants from postconstruction sites described in Subsection C(4)(d)[5] is not necessary since runoff is not entering the surface water at that location. 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.
(5)
Fueling and vehicle maintenance areas. Fueling and vehicle maintenance
areas shall, to the maximum extent practicable, have BMPs designed,
installed and maintained to reduce petroleum within runoff, such that
the runoff that enters waters of the state contains no visible petroleum
sheen. 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.
D.
General considerations for on-site and off-site stormwater management
measures. The following considerations shall be observed in managing
runoff:
(1)
Natural topography and land cover features such as natural swales,
natural depressions, native soil-infiltrating capacity and natural
groundwater recharge areas shall be preserved and used, to the extent
possible, to meet the requirements of this section.
(2)
Emergency overland flow for all stormwater facilities shall be provided
to prevent exceeding the safe capacity of downstream drainage facilities
and prevent endangerment of downstream property or public safety.
E.
Location and regional treatment option.
(1)
The BMPs may be located on site or off site as part of a regional
stormwater device, practice or system.
(2)
Postconstruction runoff within a non-navigable surface water that
flows into a BMP, such as a wet detention pond, is not required to
meet the performance standards of this chapter. Postconstruction BMPs
may be located in non-navigable surface waters.
(3)
Except as allowed under Subsection E(4), postconstruction runoff from new development shall meet the postconstruction performance standards prior to entering a navigable surface water.
(4)
Postconstruction runoff from any development within a navigable surface
water that flows into a BMP is not required to meet the performance
standards of this chapter if:
(5)
Runoff from existing development, redevelopment and infill areas
shall meet the postconstruction performance standards in accordance
with this paragraph.
(a)
To the maximum extent practicable, BMPs shall be located to
treat runoff prior to discharge to navigable surface waters.
(b)
Postconstruction BMPs for such runoff may be located in a navigable surface water if allowable under all other applicable federal, state and local regulations such as Chapter NR 103, Wis. Adm. Code, and Chapter 30, Wis. Stats. Note: This allows the location of BMPs in navigable surface waters where necessary to augment management practices upstream of the navigable surface water to meet the performance standards.
(6)
The discharge of runoff from a BMP, such as a wet detention pond, or after a series of such BMPs is subject to this chapter. Note: This section does not supersede any other applicable federal, state or local regulation such as Chapter NR 103, Wis. Adm. Code, and Chapter 30, Wis. Stats.
(7)
The City Engineer may approve off-site management measures, provided
that all of the following conditions are met:
(a)
The City Engineer determines that the postconstruction runoff
is covered by a stormwater management system plan that is approved
by the City of Waterloo and that contains management requirements
consistent with the purpose and intent of this chapter.
(b)
The off-site facility meets all of the following conditions:
[1]
The facility is in place.
[2]
The facility is designed and adequately sized to provide a level
of stormwater control equal to or greater than that which would be
afforded by on-site practices meeting the performance standards of
this chapter.
[3]
The facility has a legally obligated entity responsible for
its long-term operation and maintenance.
(8)
Where a regional treatment option exists such that the City Engineer
exempts the applicant from all or part of the minimum on-site stormwater
management requirements, the applicant shall be required to pay a
fee in an amount determined in negotiation with the Common Council.
In determining the fee for postconstruction runoff, the City Engineer
shall consider an equitable distribution of the cost for land, engineering
design, construction and maintenance of the regional treatment option.
F.
Alternate requirements. The City Engineer may establish stormwater
management requirements more stringent than those set forth in this
section if the City Engineer determines that an added level of protection
is needed to protect sensitive resources.
A.
Permit required. No responsible party may undertake a land-disturbing
construction activity without receiving a postconstruction runoff
permit from the City Engineer prior to commencing the proposed activity.
B.
Permit application and fees. Unless specifically excluded by this
chapter, any responsible party desiring a permit shall submit to the
City Engineer a permit application made on a form provided by the
City Engineer for that purpose.
(1)
Unless otherwise excepted by this chapter, a permit application must
be accompanied by a stormwater management plan, a maintenance agreement
and a nonrefundable permit administration fee.
(2)
The stormwater management plan shall be prepared to meet the requirements of §§ 377-7 and 377-9, the maintenance agreement shall be prepared to meet the requirements of § 377-10, the financial guarantee shall meet the requirements of § 377-11, and fees shall be those established by the City Council as set forth in § 377-12.
C.
Review and approval of permit application. The City Engineer shall
review any permit application that is submitted with a stormwater
management plan, maintenance agreement and the required fee. The following
approval procedure shall be used:
(1)
Within 14 business days of the receipt of a complete permit application, including all items as required by Subsection B, the City Engineer shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this chapter.
(2)
If the stormwater permit application, plan and maintenance agreement
are approved, or if an agreed-upon payment of fees in lieu of stormwater
management practices is made, the City Engineer shall issue the permit.
(3)
If the stormwater permit application, plan or maintenance agreement
is disapproved, the City Engineer shall detail in writing the reasons
for disapproval.
(4)
The City Engineer may request additional information from the applicant.
If additional information is submitted, the City Engineer shall have
14 business days from the date the additional information is received
to inform the applicant that the plan and maintenance agreement are
either approved or disapproved.
(5)
Failure by the City Engineer to inform the permit applicant of a
decision within 14 business days of a required submittal shall be
deemed to mean approval of the submittal and the applicant may proceed
as if a permit had been issued.
D.
Permit requirements. All permits issued under this chapter shall be subject to the following conditions, and holders of permits issued under this chapter shall be deemed to have accepted these conditions. The City Engineer may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the City Engineer to suspend or revoke this permit may be appealed in accordance with § 377-14.
(1)
Compliance with this permit does not relieve the responsible party
of the responsibility to comply with other applicable federal, state
and local laws and regulations.
(2)
The responsible party shall design and install all structural and
nonstructural stormwater management measures in accordance with the
approved stormwater management plan and this permit.
(3)
The responsible party shall notify the City Engineer at least seven business days before commencing any work in conjunction with the stormwater management plan, and within 14 business days upon completion of the stormwater management practices. If required as a special condition under Subsection E, the responsible party shall make additional notification according to a schedule set forth by the City Engineer so that practice installations can be inspected during construction.
(4)
Practice installations required as part of this chapter shall be
certified "as built" by a licensed professional engineer. Completed
stormwater management practices must pass a final inspection by the
City Engineer or its designee to determine if they are in accordance
with the approved stormwater management plan and ordinance. The City
of Waterloo or its designee shall notify the responsible party in
writing of any changes required in such practices to bring them into
compliance with the conditions of this permit.
(5)
The responsible party shall notify the City of Waterloo of any significant
modifications it intends to make to an approved stormwater management
plan. The City Council may require that the proposed modifications
be submitted to it for approval prior to incorporation into the stormwater
management plan and execution by the responsible party.
(6)
The responsible party shall maintain all stormwater management practices
in accordance with the stormwater management plan until the practices
either become the responsibility of the City of Waterloo or are transferred
to subsequent private owners as specified in the approved maintenance
agreement.
(7)
The responsible party authorizes the City of Waterloo to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan, and consents to a special assessment or charge against the property as authorized under Subchapter VII of Chapter 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 377-11.
(8)
If so directed by the City of Waterloo, the responsible party shall
repair at the responsible party's own expense all damage to adjoining
municipal facilities and drainageways caused by runoff, where such
damage is caused by activities that are not in compliance with the
approved stormwater management plan.
(9)
The responsible party shall permit property access to the City of
Waterloo or its designee for the purpose of inspecting the property
for compliance with the approved stormwater management plan and this
permit.
(10)
Where site development or redevelopment involves changes in
direction, increases in peak rate and/or total volume of runoff from
a site, the City of Waterloo may require the responsible party to
make appropriate legal arrangements with affected property owners
concerning the prevention of endangerment to property or public safety.
A.
Plan requirements. The stormwater management plan required under § 377-8B shall contain at a minimum the following information:
(1)
A narrative describing the proposed project.
(2)
Name, address and telephone number for the following or their designees:
landowner; developer; project engineer for practice design and certification;
person(s) responsible for installation of stormwater management practices;
and person(s) responsible for maintenance of stormwater management
practices prior to the transfer, if any, of maintenance responsibility
to another party.
(3)
A proper legal description of the property proposed to be developed,
referenced to the U.S. Public Land Survey system or to block and lot
numbers within a recorded land subdivision plat.
(4)
Predevelopment site conditions, including:
(a)
A summary of runoff peak flow rate calculations, by watershed
area, including predevelopment peak flow rates; drainage area of the
watershed, runoff curve numbers (RCNs); and time of concentration
(Tc) used in calculations.
(b)
One or more site maps at a scale of not greater than one inch
equals 100 feet. The site maps shall show the following: site location;
property lines; all buildings and outdoor uses; all roads, driveways
and parking lots; existing cover type and condition; topographic contours
of the site at a scale not to exceed two feet; topography and drainage
network including enough of the contiguous properties to show runoff
patterns onto, through and from the site; watercourses that may affect
or be affected by runoff from the site; flow path and direction for
all stormwater conveyance systems; watershed boundaries used in hydrology
determinations to show compliance with performance standards; lakes,
streams, wetlands, channels, ditches and other watercourses on and
immediately adjacent to the site; limits of the one-hundred-year floodplain;
location of wells and wellhead protection areas covering the project
area and delineated pursuant to Section NR 811.16, Wis. Adm. Code.
(c)
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. All major assumptions used
in developing input parameters shall be clearly stated. The geographic
areas used in making the calculations shall be clearly cross-referenced
to the required map(s).
(5)
Postdevelopment site conditions, including:
(a)
A summary of runoff peak flow rate calculations, by watershed
area, including postdevelopment peak flow rates with and without detention;
drainage area of the watershed, runoff curve numbers (RCNs); and time
of concentration (Tc) used in calculations.
(b)
Explanation of the provisions to preserve and use natural topography
and land cover features to minimize changes in peak flow runoff rates
and volumes to surface waters and wetlands.
(c)
Explanation of any restrictions on stormwater management measures
in the development area imposed by wellhead protection plans and ordinances.
(d)
One or more site maps at a scale of not less than one inch equals
100 feet showing the following: postconstruction pervious areas including
vegetative cover type and condition; impervious surfaces including
all buildings, structures and pavement; postconstruction topographic
contours of the site at a scale not to exceed two feet; postconstruction
drainage network including enough of the contiguous properties to
show runoff patterns onto, through and from the site; locations and
dimensions of drainage easements; locations of maintenance easements
specified in the maintenance agreement; flow path and direction for
all stormwater conveyance systems; location and type of all stormwater
management conveyance and treatment practices, including the on-site
and off-site tributary drainage area; location and type of conveyance
system that will carry runoff from the drainage and treatment practices
to the nearest adequate outlet such as a curbed street, storm drain
or natural drainageway; watershed boundaries used in hydrology and
pollutant loading calculations and any changes to lakes, streams,
wetlands, channels, ditches and other watercourses on and immediately
adjacent to the site.
(e)
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. The computations shall be made
for each discharge point in the development, and the geographic areas
used in making the calculations shall be clearly cross-referenced
to the required map(s).
(6)
Results of investigations of soils and groundwater required for the
placement and design of stormwater management measures. Detailed drawings
including cross-sections and profiles of all permanent stormwater
conveyance and treatment practices.
(7)
A description and installation schedule for the stormwater management practices needed to meet the performance standards in § 377-7.
(8)
A maintenance plan developed for the life of each stormwater management
practice including the required maintenance activities and maintenance
activity schedule.
(9)
Other information requested in writing by the City of Waterloo to
determine compliance of the proposed stormwater management measures
with the provisions of this chapter.
(10)
All site investigations, plans, designs, computations and drawings
shall be certified by a licensed professional engineer to be prepared
in accordance with accepted engineering practice and requirements
of this chapter.
A.
Maintenance agreement required. The maintenance agreement required under § 377-8B for stormwater management practices shall be an agreement between the administering authority and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.
B.
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 377-9A(8):
(1)
Identification of the stormwater facilities and designation of the
drainage area served by the facilities.
(2)
A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under § 377-8B.
(3)
Identification of the responsible party(ies), organization or city, county, town or village responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan required under § 377-8B.
(4)
Requirement that the responsible party(ies), organization or city, county, town or village shall maintain stormwater management practices in accordance with the schedule included in Subsection B(2).
(5)
Authorization for the City of Waterloo to access the property to
conduct inspections of stormwater management practices as necessary
to ascertain that the practices are being maintained and operated
in accordance with the agreement.
(6)
A requirement on the City of Waterloo to maintain public records
of the results of the site inspections, to inform the responsible
party responsible for maintenance of the inspection results, and to
specifically indicate any corrective actions required to bring the
stormwater management practice into proper working condition.
(7)
Agreement that the party designated under Subsection B(3), as responsible for long-term maintenance of the stormwater management practices, shall be notified by the City of Waterloo of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the City of Waterloo.
(8)
Authorization of the City of Waterloo to perform the corrected actions identified in the inspection report if the responsible party designated under Subsection B(3) does not make the required corrections in the specified time period. The City of Waterloo shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subchapter VII of Chapter 66, Wis. Stats.
A.
Establishment of the guarantee. The City of Waterloo may require
the submittal of a financial guarantee, the form and type of which
shall be acceptable to the City of Waterloo. The financial guarantee
shall be in an amount determined by the City of Waterloo to be the
estimated cost of construction and the estimated cost of maintenance
of the stormwater management practices during the period which the
designated party in the maintenance agreement has maintenance responsibility.
The financial guarantee shall give the City of Waterloo the authorization
to use the funds to complete the stormwater management practices if
the responsible party defaults or does not properly implement the
approved stormwater management plan, upon written notice to the responsible
party by the City of Waterloo that the requirements of this chapter
have not been met.
B.
Conditions for release. Conditions for the release of the financial
guarantee are as follows:
(1)
The City of Waterloo shall release the portion of the financial guarantee
established under this section, less any costs incurred by the City
of Waterloo to complete installation of practices, upon submission
of "as built plans" by a licensed professional engineer. The City
of Waterloo may make provisions for a partial pro-rata release of
the financial guarantee based on the completion of various development
stages.
(2)
The City of Waterloo shall release the portion of the financial guarantee
established under this section to assure maintenance of stormwater
practices, less any costs incurred by the City of Waterloo, at such
time that the responsibility for practice maintenance is passed on
to another entity via an approved maintenance agreement.
The fees referred to in other sections of this chapter shall
be established by the City of Waterloo and may from time to time be
modified by resolution. A schedule of the fees established by the
City of Waterloo shall be available for review in City Hall.
A.
Any land-disturbing construction activity or postconstruction runoff
initiated after the effective date of this chapter by any person,
firm, association or corporation subject to the chapter provisions
shall be deemed a violation unless conducted in accordance with the
requirements of this chapter.
B.
The City of Waterloo shall notify the responsible party by certified
mail of any noncomplying land-disturbing construction activity or
postconstruction runoff. The notice shall describe the nature of the
violation, remedial actions needed, a schedule for remedial action,
and additional enforcement action which may be taken.
C.
Upon receipt of written notification from the City of Waterloo under Subsection B, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the City of Waterloo in the notice.
D.
If the violations to a permit issued pursuant to this chapter are
likely to result in damage to properties, public facilities or waters
of the state, the City of Waterloo may enter the land and take emergency
actions necessary to prevent such damage. The costs incurred by the
City of Waterloo plus interest and legal costs shall be billed to
the responsible party.
E.
The City of Waterloo is authorized to post a stop-work order on all
land-disturbing construction activity that is in violation of this
chapter, or to request the Municipal Attorney to obtain a cease-and-desist
order in any court with jurisdiction.
F.
The City of Waterloo may revoke a permit issued under this chapter
for noncompliance with chapter provisions.
G.
Any permit revocation, stop-work order or cease-and-desist order
shall remain in effect unless retracted by the City of Waterloo or
by a court with jurisdiction.
H.
The City of Waterloo is authorized to refer any violation of this
chapter, or of a stop-work order or cease-and-desist order issued
pursuant to this chapter, to the Municipal Attorney for the commencement
of further legal proceedings in any court with jurisdiction.
I.
Any person, firm, association or corporation who does not comply
with the provisions of this chapter shall be subject to a forfeiture
of not less than $200 nor more than $500 per offense, together with
the costs of prosecution. Each day that the violation exists shall
constitute a separate offense.
J.
Compliance with the provisions of this chapter may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease-and-desist order before resorting
to injunctional proceedings. Note: Injunctional orders are authorized
pursuant § 62.23(8), Wis. Stats.
K.
When the City of Waterloo determines that the holder of a permit issued pursuant to this chapter has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the City of Waterloo or a party designated by the City of Waterloo may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The City of Waterloo shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to § 377-11 of this chapter. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.
A.
Administrative Review Appeals Board. The board of appeals, created pursuant to Chapter 6 of the City of Waterloo ordinances[1] pursuant to § 59.694, 60.65, 61.354(4)(b) or
62.23(7)(e), Wis. Stats.,
shall hear and decide appeals where it is alleged that there is error
in any order, decision or determination made by the City of Waterloo
in administering this chapter. The board shall also use the rules,
procedures, duties and powers authorized by statute in hearing and
deciding appeals. Upon appeal, the board may authorize variances from
the provisions of this chapter that are not contrary to the public
interest, and where owing to special conditions a literal enforcement
of the chapter will result in unnecessary hardship.
B.
Who may appeal. Appeals to the board of appeals may be taken by any
aggrieved person or by an officer, department, board or bureau of
the City of Waterloo affected by any decision of the Common Council.
