Village of Woodville, WI
St. Croix County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Woodville 12-12-2006. Amendments noted where applicable.]
GENERAL REFERENCES

Building construction — See Ch. 231.

Construction site erosion control — See Ch. 250.

Floodplain zoning — See Ch. 293.

Subdivision of land — See Ch. 460.

Water and sewers — See Ch. 510.

Zoning — See Ch. 525.

§ 450-1
Authority. 

§ 450-2
Findings of fact. 

§ 450-3
Purpose and intent. 

§ 450-4
Applicability and jurisdiction. 

§ 450-5
Definitions. 

§ 450-6
Technical standards. 

§ 450-7
Performance standards. 

§ 450-8
Permit procedure. 

§ 450-9
Stormwater management plan. 

§ 450-10
Maintenance and monitoring agreement. 

§ 450-11
Financial guarantee. 

§ 450-12
Fee schedule. 

§ 450-13
Enforcement; violations and penalties. 

§ 450-14
Appeals. 

A. 

This chapter is adopted by the Village Board under the authority granted by § 61.354, Wis. Stats. This chapter and any amendments to this chapter supersede all conflicting and contradicting regulations previously enacted that relate to stormwater management, except as otherwise specified in §§ 61.354 and 61.35, Wis. Stats.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. 

The provisions of this chapter are deemed not to limit any other lawful regulatory powers of the Village.

C. 

The Village Board hereby designates the Village Director of Public Works with assistance from the Village 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 § NR 151.004, Wis. Adm. Code.

(3) 

Other Village ordinances and zoning regulations.

The Village Board 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 and 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; 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 Village Board that this chapter regulate postconstruction stormwater discharges within the Village and to waters of the state. This chapter may be applied on a site-by-site basis. The Village Board 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 Village Board, 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 development or land disturbing activity of any size, including but not limited to activities which change the predevelopment hydrology and/or increase the rate or volume of runoff, or the thermal, chemical, or sediment loading leaving the site, beyond the conditions that existed prior to any planned land development or land disturbing activity.

[Amended 4-10-2007]

(2) 

A site that meets any of the criteria in this subsection is exempt from the requirements of this chapter:

(a) 

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.

(b) 

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.

(c) 

A redevelopment postconstruction site with no increase in exposed parking lots or roads.

(d) 

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.

(e) 

Nonpoint discharges from agricultural facilities and practices.

(f) 

Nonpoint discharges from silviculture activities.

(3) 

Notwithstanding the applicability requirements in Subsection A(1), this chapter applies to postconstruction sites of any size that, in the opinion of the Village Board, 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.

(4) 

The Village Director of Public Works with assistance from the Village Engineer may establish on-site stormwater management requirements less stringent than those set forth herein, provided that provisions are made to manage stormwater by an off-site facility, provided that the conditions under § 450-6 of this chapter are met.

B. 

Jurisdiction. This chapter applies to postconstruction development land disturbing activity within the boundaries of the Village of Woodville. No landowner or land operator may undertake a land development or land disturbing activity subject to this chapter without having met the performance standards set forth in this chapter and without having received a permit from the Village Director of Public Works with assistance from the Village Engineer prior to commencing the proposed activity.

C. 

Exclusions.

(1) 

The following exceptions apply to the provisions of this chapter:

(a) 

Any lot existing as of the effective date of this chapter that is currently zoned single-family residential or duplex/twin home residential; provided, however, that the use after the land disturbing activity or land development activity shall be that of a single-family or duplex/twin home residence.

(b) 

Any lot containing, as of the effective date of this chapter, a single-family or duplex/twin home residence, regardless of zoning classification; provided, however, that the use after the land disturbing activity or land development activity shall continue to be that of a single-family or duplex/twin home residence.

(2) 

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 the 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:

AGRICULTURAL FACILITY and AGRICULTURAL PRACTICE
The meaning given in § 281.16(1), Wis. Stats.
AVERAGE ANNUAL RAINFALL
A calendar year of precipitation, excluding snow, which is considered typical.
BEST MANAGEMENT PRACTICES or BMPS
Practices, techniques, or measures that are effective in reducing flooding, removing pollutants, providing thermal mitigation, enhancing infiltration, and/or providing other benefits related to stormwater management.
BUSINESS DAY
A day the offices of the Village of Woodville are routinely and customarily open for business.
CEASE AND DESIST ORDER
A court-issued order to halt land disturbing construction activity that is being conducted without the required permit.
COMBINED SEWER SYSTEM
A system for conveying both sanitary sewage and stormwater runoff.
CONNECTED IMPERVIOUSNESS
An impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious flow path.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.
DETENTION
The temporary detaining or storage of stormwater in reservoirs, on rooftops, or in streets, parking lots, or other areas under predetermined and controlled conditions, with the rate of discharge therefrom regulated by appropriately installed devices.
DEVELOPMENT
Residential, commercial, industrial or institutional land uses and associated roads.
EFFECTIVE INFILTRATION AREA
The area of the infiltration system that is used to infiltrate runoff, and does not include the area used for site access, berms or pretreatment.
EROSION or SOIL EROSION
The detachment process and movement of soil and rock fragments by which the land's surface is worn away by the action of wind, water, ice or gravity.
EXCAVATION
Any act by which organic matter, earth, sand, gravel, rock, or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the conditions resulting from the activity.
EXCEPTIONAL RESOURCE WATERS
Waters listed in § NR 102.11, Wis. Adm. Code.
FILL
Any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by man to a new location and shall include the conditions resulting therefrom.
FINAL STABILIZATION
All land disturbing construction activities at the construction site have been completed and a dense, uniform, perennial vegetative cover has been established for the unpaved areas and areas not covered by permanent structures, or employment of equivalent permanent stabilization measures.
FINANCIAL GUARANTEE
A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantee submitted to the Village of Woodville by the responsible party to assure that the requirements of this chapter are carried out in compliance with the stormwater management plan.
GOVERNING BODY
The Village Board of the Village of Woodville.
GRADING
Altering the elevation of the land surface by stripping, excavating, filling, stockpiling of soil materials or any combination thereof and shall include the land from which the material was taken or upon which it was placed.
IMPERVIOUS SURFACE
An area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. Rooftops, sidewalks, driveways, parking lots and streets are examples of areas that typically are impervious.
INFILL AREA
An undeveloped area of land located within existing development.
INFILTRATION
The process by which rainfall or surface runoff percolates or penetrates into the underlying soil.
INFILTRATION SYSTEM
A device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or roadside channels, designed for conveyance and pollutant removal only.
KARST FEATURE
An area or surficial geologic feature subject to bedrock dissolution so that it is likely to provide a conduit to groundwater, and may include caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs, seeps or swallets.
LAND COVER
The various cover types found on a specific parcel, including impervious surface, green space, wooded area, parking lot, etc.
LAND DEVELOPMENT ACTIVITY
Any construction of buildings, roads, parking lots, paved and unpaved storage areas and similar facilities, including agricultural facilities.
LAND DISTURBING ACTIVITY
Any man-made alteration of the land surface of public or private lands 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 within the Village and into waters of the state. "Land disturbing activity" includes, but is not limited to, clearing and grubbing, tilling, removal of vegetative cover, stockpiling of soil, demolition, excavating, pit trench dewatering, filling and grading activities, except that the term shall not include such minor land disturbing activities as home gardens and normal repair and maintenance of private roads. This term does not include agricultural practices.
LAND OCCUPIER
Any person who holds title to land either as sole owner, a tenant in common or a joint tenant or has title as a trustee or assignee or has a land contract vendee's interest.
LOT
A parcel of land having a width and depth sufficient to provide the space necessary for one main building and its accessory buildings, together with the open spaces required under Chapter 525, Zoning, of this Code, and abutting on a public street or officially approved place.
MAINTENANCE AND MONITORING AGREEMENT
A legal document that is filed with the County Register of Deeds as a property deed restriction and which provides for long-term maintenance of stormwater management practices.
MAXIMUM EXTENT PRACTICABLE or MEP
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.
NATURAL RESOURCES CONSERVATION SERVICE or NRCS
The United States agency responsible for establishing standards for and design of many water quality structures and practices. The NRCS was formerly the Soil Conservation Service or SCS.
NEW DEVELOPMENT
Development resulting from the conversion of previously undeveloped land or agricultural land uses.
OFF SITE
Located outside the property boundary described in the permit application for land development activity or land disturbing activity.
ON SITE
Located within the property boundary described in the permit application for land development activity or land disturbing activity.
ORDINARY HIGH-WATER MARK
The meaning given in § NR 115.03(6), Wis. Adm. Code.
OUTSTANDING RESOURCE WATERS
Waters listed in § NR 102.10, Wis. Adm. Code.
P8 URBAN CATCHMENT MODEL
A program for predicting polluting particle passage through pits, puddles, and ponds, prepared for IEP, Inc., and Narragansett Bay Project, USEPA/RIDEM, by William W. Walker, Jr.
PARCEL
All contiguous lands under the ownership or control of a landowner, land occupier, or land user.
PEAK RUNOFF RATE
The maximum rate at which stormwater is discharged from a site as expressed in cubic feet per second.
PERCENT FINES
The percentage of a given sample of soil which passes through a No. 200 sieve.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
PERMIT
A written authorization made by the Village Board to an applicant to conduct land development or land disturbing activities or to discharge postconstruction runoff within the Village and to waters of the state.
PERMIT ADMINISTRATION FEE
A sum of money paid to the Village Board by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.
PERMITTEE
Any person to whom a permit is issued.
PERSON
Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency within Wisconsin, the federal government or any combination thereof.
PERVIOUS SURFACE
An area that releases as runoff a small portion of the precipitation that falls on it. Lawns, gardens, parks, forests or other similar vegetated areas are examples of surfaces that typically are pervious.
PLAN COMMISSION
The body established under § 62.23(1), Wis. Stats.
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
POSITIVE DRAINAGE OUTLET
An outlet to drain stormwater at or near the base of a depression storage area. Infiltration shall not be considered an outlet for the purposes of this definition.
POSTCONSTRUCTION SITE
A construction site following the completion of land development or land disturbing activities and final site stabilization.
PREDEVELOPMENT CONDITION
The extent and distribution of land cover types present before the initiation of land development activity or land disturbing activity, provided that the current stormwater drainage system is sufficient to satisfy the requirements of this chapter. If the current stormwater drainage system is insufficient to satisfy the requirements of this chapter with respect to current existing land cover, "predevelopment condition" shall mean that extent and distribution of land cover types for which the current stormwater drainage system would be sufficient to satisfy the requirements of this chapter.
PRETREATMENT
Removal of 80% TSS and, to the maximum extent practical, all other pollutants prior to discharge to a wet detention permanent pool or infiltration practice. Pretreatment options include, but are not limited to, engineered pretreatment structures, filter strips and/or grass swales.
PREVENTIVE ACTION LIMIT
The meaning given in § NR 140.05(17), Wis. Adm. Code.
PUBLIC LANDS
All publicly owned lands which are subject to regulation by the Village, including but not limited to:
A. 

All lands owned by the Village.

B. 

All lands which are owned by another unit of government if that unit of government or the development project is legally subject to erosion and stormwater runoff control by the Village under this chapter or by reference under other ordinances.

REDEVELOPMENT
Areas where development is replacing older development.
REGIONAL POND
A stormwater pond intended to serve multiple parcels and/or developments, thus eliminating the need for individual on-site facilities.
REMOVAL
Cutting vegetation to the ground or stumps, complete extraction or killing by spraying.
RESPONSIBLE PARTY
Any entity holding fee title to the property or other person contracted or obligated by other agreement to implement and maintain postconstruction stormwater BMPs.
RETENTION
The permanent storage of stormwater without discharge other than evaporation and/or infiltration.
RUNOFF
The same as the definition for "stormwater runoff."
SAFE CAPACITY
The rate of flow that can be handled by the receiving waterway without causing flooding or erosion damage.
SEDIMENT
Solid material, both mineral and organic, that has been deposited by water, is in suspension in water, is being transported or has been removed from its site of origin by the process of soil erosion or is discharged into surface waters from other sources.
SEDIMENTATION
Settling or deposition of sediment.
SENSITIVE RESOURCES
Natural resources that are sensitive to the impacts of urbanization, specifically including groundwater, cold water springs, wetlands with diverse functions and values and other unique resources.
SEPARATE STORM SEWER
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:
A. 

Is designed or used for collecting water or conveying runoff.

B. 

Is not part of a combined sewer system.

C. 

Is not draining to a stormwater treatment device or system.

D. 

Discharges directly or indirectly to waters of the state.

SITE
The entire area included in the legal description of the land on which the land development or land disturbing activity occurred.
STOP-WORK ORDER
A method of giving notice to the permittee that one or more provisions of this chapter have been violated. Notice is given both by posting upon the lands where the disturbing activity occurs one or more copies of a poster stating the violation and by mailing a copy of this poster by certified mail to the permittee at the address shown on the permit.
STORM SEWER
A closed conduit for conducting collected stormwater.
STORMWATER DRAINAGE SYSTEM or DRAINAGE SYSTEM
All facilities used for conducting runoff to, through or from a drainage area to the point of final outlet, including but not limited to any of the following: conduits and appurtenant features, canals, channels, ditches, streams, culverts, reservoirs, detention basins, storm sewers, streets and pumping stations.
STORMWATER MANAGEMENT PLAN
A comprehensive plan designed to reduce the discharge of pollutants from stormwater after the site has under gone final stabilization following completion of the construction activity.
STORMWATER MANAGEMENT SYSTEM PLAN
A comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.
STORMWATER RUNOFF
That portion of the precipitation falling during a rainfall event or that portion of snowmelt that runs off the surface of the land and into the natural or artificial conveyance or drainage network.
TECHNICAL STANDARD
A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
TOP OF THE CHANNEL
An edge, or point on the landscape, landward from the ordinary high-water mark of a surface water of the state, where the slope of the land begins to be less than 12% continually for at least 50 feet. If the slope of the land is 12% or less continually for the initial 50 feet landward from the ordinary high-water mark, the top of the channel is the ordinary high-water mark.
TR-55
The United States Department of Agriculture, Natural Resources Conservation Service (previously Soil Conservation Service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986.
TYPE II DISTRIBUTION
A rainfall type curve as established in the United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published 1973. The Type II curve is applicable to all of Wisconsin and represents the most intense storm pattern.
VILLAGE
The Village of Woodville and its representatives.
VILLAGE DIRECTOR OF PUBLIC WORKS WITH ASSISTANCE FROM THE VILLAGE ENGINEER
The governmental employee designated by the Village Board to administer this chapter and includes assistance from the Village Engineer and any other governmental employees designated by the Village Director of Public Works with assistance from the Village Engineer or the Village Board in the absence of the Director of Public Works and the Village Engineer.
WATERS OF THE STATE
Has the meaning given in § 281.01(18), Wis. Stats.
WETLANDS
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 These wetlands include natural, mitigation, and restored wetlands.
WPDES STORMWATER PERMIT
A permit issued by the Wisconsin Department of Natural Resources under § 283.31, Wis. Stats., that authorizes the point source discharge of stormwater to waters of the state.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 

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: technical standards identified, developed or disseminated by the Wisconsin Department of Natural Resources under Subchapter V of Ch. 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 Village of Woodville.

C. 

In this chapter, the following year and location have been selected as average annual rainfall: Minneapolis 1959 (March 13 to November 4).

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 § 450-9 shall be developed and implemented for each postconstruction site. Unless the Village Director of Public Works with assistance from the Village Engineer gives prior written authorization, the methods in conformance with the technical standards shall be followed.

C. 

Requirements. The plan required under Subsection B shall include or comply with the following.

(1) 

General requirements for stormwater management measures. The following shall be observed in managing stormwater runoff:

(a) 

The applicant shall attend a preapplication meeting with the Village staff before any data will be accepted. The purpose of the meeting is to specifically address required approvals and permits and applicable technical standards.

(b) 

All stormwater rate control facilities shall be located within drainage, utility, and/or flowage easements to provide access and to prevent future alteration or encroachment Any such easement shall be memorialized in a separate document and recorded with the office of the St. Croix County Register of Deeds.

(c) 

Water quality facilities are required for all developments unless a development is part of a Village-approved regional pond drainage area.

(d) 

All hydrologic data shall be submitted to the Village. Data shall be obtained used NRCS methodology, including but not limited to HydroCad, Haestad Methods, or TR20/TR55, as defined by the NRCS.

(e) 

Hydrologic analysis shall be based on NRCS methods using a Type II storm distribution, twenty-four-hour duration, and average soil moisture conditions (AMC-2), as defined by NRCS.

(f) 

Hydraulic calculations will be accepted in the Rational Method format or in commonly used software packages such as Eagle Point, HydroCad, Haestad Methods, HEC-RAS, or XP-SWMM.

(g) 

When runoff from an upstream property passes through a downstream property and it is desirable in the opinion of the Village to oversize a pond or conveyance system to serve increased runoff from predicted development of adjacent properties, the cost of oversizing the facility shall be determined by the Village and assessed in accordance with state law and the Village Code.

(2) 

Total suspended solids. Best management practices 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 to the maximum extent practicable the total suspended solids load by 80%, based on the average annual rainfall, as compared to no runoff management controls.

(b) 

For infill development under five acres that occurs within 10 years after October 1, 2002, by design reduce to the maximum extent practicable the total suspended solids load by 40%, based on an average annual rainfall, as compared to no runoff management controls.

(c) 

For infill development that occurs 10 or more years after October 1, 2002, by design reduce to the maximum extent practicable the total suspended solids load by 80%, based on an average annual rainfall, as compared to no runoff management controls.

(d) 

All water quality analyses shall be based on the P8 Urban Catchment Model or other comparable model as approved by the Village Director of Public Works with assistance from the Village Engineer.

(e) 

NURP50 particle size distribution shall be used for calculation of TSS sediment loading and removal.

(f) 

Notwithstanding Subsection C(2)(a) through (e), 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.

(3) 

Peak discharge rate and volume. By design, BMPs shall be employed to meet the following performance standards:

(a) 

Peak flow rate. For the two-, ten- and one-hundred-year design storm event, the postdevelopment peak flow rate shall not exceed the peak flow rate for predevelopment land use conditions or less if, in the opinion of the Village, downstream system capacity problems exist.

(b) 

Runoff volume. For the two-, ten- and one-hundred-year design storm event, the postdevelopment runoff volume shall not exceed the runoff volume for predevelopment land use conditions or less if, in the opinion of the Village, downstream system capacity problems exist. This requirement is applicable for sites that discharge directly or ultimately to an area with no positive drainage outlet. Sites that discharge to a conveyance system with a positive drainage outlet are exempt from this requirement.

(c) 

Predevelopment conditions shall assume good hydrologic conditions for appropriate land covers as identified in TR-55 or an equivalent methodology. The meanings 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
(4) 

Infiltration practices. Best management practices shall be designed, installed, and maintained to infiltrate runoff to the maximum extent practicable in accordance with the following:

(a) 

Where infiltration practices will be used, the location, surface area, depth, soil types (hydrologic group) and infiltration rate and volume computations shall be submitted to the Village Director of Public Works who shall consult with the Village Engineer as necessary.

(b) 

For residential land uses 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 the 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 volume from the two-year rainfall event. 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.

(c) 

For nonresidential development, including but not limited to 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 the 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 postdevelopment runoff volume from the two-year rainfall event. 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(4)(h). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.

(e) 

Exclusions. Infiltration of stormwater from the following land areas is prohibited from meeting the requirements of this subsection:

[1] 

Areas associated with Tier 1 industrial facilities identified in § NR 216.21(2)(a), Wis. Adm. Code, including storage, loading, rooftop and parking.

[2] 

Storage and loading areas of Tier 2 industrial facilities identified in § NR 216.21(2)(b), Wis. Adm. Code.

[3] 

Fueling and vehicle maintenance areas.

[4] 

Areas within 1,000 feet upgradient or within 100 feet downgradient of karst features.

[5] 

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 that this subsection does not prohibit infiltration of roof runoff.

[6] 

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.

[7] 

Areas within 1,200 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.

[8] 

Areas where contaminants of concern, as defined in § NR 720.03(2), Wis. Adm. Code, are present in the soil through which infiltration will occur.

[9] 

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 does not prohibit infiltration of roof runoff.

(f) 

For Tier 1 and Tier 2 industrial facilities identified in § NR 216.21(2)(a) and (b), Wis. Adm. Code, the infiltration may be allowed if the applicant provides a "no exposure" certification in accordance with § NR 216.21(3), Wis. Adm. Code.

(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 subsection.

(h) 

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.

(i) 

Exemptions. The following are not required to meet the requirements of this subsection:

[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.

(5) 

Protective areas. This Subsection C(5) applies to postconstruction sites located within a protective area.

(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 subsection, "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 § NR 103.04, Wis. Adm. Code: 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 § 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.

[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(5)(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 § NR 103.03, Wis. Adm. Code.

[7] 

For concentrated flow channels with drainage areas greater than 130 acres: 10 feet.

(b) 

Where postconstruction sites are located within a protective area, the following conditions 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 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.

[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.

(6) 

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 Village and state contains no visible petroleum sheen.

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) 

The Village Director of Public Works with assistance from the Village Engineer may approve off-site management measures, provided that all of the following conditions are met:

(a) 

They determine that the postconstruction runoff is covered by a stormwater management system plan that is approved by the Village Board 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. Access, drainage, and/or utility easements necessary to serve the facility are recorded.

(3) 

Where a regional treatment option exists such that the Village Board 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 Village Board. In determining the fee for postconstruction runoff, the Village Board shall consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of the regional treatment option.

A. 

Permit required. No responsible party may undertake a land development or land disturbing activity without receiving a postconstruction runoff permit from the Village Director of Public Works with assistance from the Village Engineer prior to commencing the proposed activity.

B. 

Permit application and fees. Unless specifically excluded by this chapter, any responsible party, landowner, or operator required to obtain a permit under this chapter desiring a permit shall submit to the Village of Woodville a permit application made on a form provided by the Village Director of Public Works with assistance from the Village Engineer for that purpose.

(1) 

Unless otherwise excepted by this chapter, a permit application must be accompanied by a stormwater management plan, a maintenance and monitoring agreement and a nonrefundable permit administration fee.

(2) 

The stormwater management plan shall be prepared to meet the requirements of §§ 450-7 and 450-9; the maintenance and monitoring agreement shall be prepared to meet the requirements of § 450-10; the financial guarantee shall meet the requirements of § 450-11; and fees shall be those established by the Village Board as set forth in § 450-12.

C. 

Review and approval of permit application. The Village Director of Public Works with assistance from the Village Engineer shall review any permit application that is submitted with a stormwater management plan, maintenance and monitoring agreement, and the required fee. The following approval procedure shall be used:

(1) 

The Director of Public Works with assistance from the Village Engineer shall accept all preapplication requests and all permit applications that are accompanied by the stormwater plan and the required fee.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) 

Within 60 business days of the receipt of a complete permit application, including all items as required by Subsection B, the Village Director of Public Works with assistance from the Village Engineer shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this chapter. The Village Director of Public Works with assistance from the Village Engineer shall base the decision on requirements set forth in this chapter, including technical standards set forth herein.

(3) 

If the stormwater permit application, plan, and maintenance and monitoring agreement are approved, or if an agreed upon payment of fees in lieu of stormwater management practices is made, the Village of Woodville shall issue the permits required in accordance with the procedure as set out in this chapter, but only when sedimentation and runoff will be controlled to meet the performance standards set forth herein.

(4) 

If the stormwater permit application, plan or maintenance agreement is disapproved, the Village Director of Public Works with assistance from the Village Engineer shall detail in writing the reasons for disapproval.

(5) 

The Village Director of Public Works with assistance from the Village Engineer may request additional information from the applicant by notifying the permit applicant in writing if additional information is required for review of the stormwater plan. If additional information is submitted, the Village Director of Public Works with assistance from the Village Engineer shall have 30 business days from the date the additional information is received to inform the applicant that the plan and maintenance and monitoring agreement are either approved or disapproved.

(6) 

Failure by the Village Director of Public Works with assistance from the Village Engineer to inform the permit applicant of a decision within 60 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. If the applicant proceeds under this approval process, the applicant shall comply with the permit requirements in Subsections D, E and F.

(7) 

The Village of Woodville shall keep an accurate record of all plan data accepted, plans approved, permits issued, inspections made, and other official records.

D. 

Permit requirements. All permits issued under this chapter shall be subject to the following conditions, and holders of permits issued under this chapter and permit applicants proceeding as if a permit had been issued under the approval process provided in this chapter shall be deemed to have accepted these conditions. The Village Director of Public Works with assistance from the Village Engineer may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Village Director of Public Works with assistance from the Village Engineer to suspend or revoke this permit may be appealed in accordance with § 450-14.

(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, the technical standards set forth in § 450-6, and the performance standards set forth in § 450-7.

(3) 

The responsible party shall notify the Village Director of Public Works with assistance from the Village Engineer at least five business days before commencing any work in conjunction with the stormwater management plan and within five business days upon completion of the stormwater management practices. If required as a special condition under Subsection D(5), the responsible party shall make additional notification according to a schedule set forth by the Village Director of Public Works with assistance from the Village Engineer so that practice installations can be inspected during construction.

(4) 

Practice and infrastructure installations required as part of this chapter shall be certified "as built" by a licensed professional engineer other than the Village Engineer and Village Director of Public Works. Completed stormwater management practices must pass a final inspection by the Village Director of Public Works with assistance from the Village Engineer or his designee to determine if they are in accordance with the approved stormwater management plan and this chapter. The Village Director of Public Works with assistance from the Village Engineer or his 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. The Village Board shall notify the permit holder when stormwater management practices have passed final inspection.

(5) 

The responsible party shall notify the Village Director of Public Works with assistance from the Village Engineer of any significant modifications it intends to make to an approved stormwater management plan. The Village Director of Public Works with assistance from the Village Engineer may require that the proposed modifications be submitted to it for approval prior to incorporation into the stormwater management plan and execution by the responsible party.

(6) 

The responsible party shall maintain all stormwater management practices in accordance with the stormwater management plan until the practices either become the responsibility of the Village Director of Public Works with assistance from the Village Engineer or are transferred to subsequent private owners as specified in the approved maintenance agreement.

(7) 

The responsible party authorizes the Village Board 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 § 66.0627 or 66.0703, Wis. Stats., or to charging such costs against the financial guarantee posted under § 450-11 in accordance with this chapter to cover the costs of such work or operations. The responsible party shall waive notice and hearing as provided by § 66.0703(7), Wis. Stats.

(8) 

If so directed by the Village Director of Public Works with assistance from the Village Engineer, the responsible party shall repair at the responsible party's own expense all damage to adjoining municipal facilities, including but not limited to roads, road rights-of-way, streets, runoff and drainage facilities, and drainageways, caused by runoff, where such damage is caused by activities that are not in compliance with the approved stormwater management plan, until they are accepted and become the responsibility of the governmental entity.

(9) 

The responsible party shall permit property access to the Village Director of Public Works and/or Village Engineer or his designee for the purpose of inspecting the property for compliance with the approved stormwater management plan and this permit.

(10) 

If an approved stormwater plan involves changes in direction, changes in postdevelopment hydrology, or increases in peak rate and/or total volume of runoff, the sediment loading and/or thermal pollution from a site, the Village Director of Public Works with assistance from the Village Engineer may require the responsible party to make appropriate legal arrangements with affected property owners concerning the prevention of endangerment to property or public safety.

(11) 

The permittee shall provide and install at its expense all drainage, runoff control, and erosion control improvements as required by this chapter and the approved stormwater plan and also shall bear its proportionate share of the total cost of off-site improvements to drainage systems based upon the existing developed drainage area or planned development of the drainage area, as determined by the Village Director of Public Works with assistance from the Village Engineer.

(12) 

The permittee shall comply with the floodplain zoning standards in Chapter 293 of this Code if the land development or land disturbing activity is in an identified flood hazard area on the official FEMA floodplain map.

(13) 

If so directed by the Village Director of Public Works with assistance from the Village Engineer, the permit holder shall repair, at the permit holder's own expense, all damage to adjoining properties, municipal facilities, and stormwater drainage systems caused by stormwater runoff, where such damage is caused by activities not in compliance with the approved stormwater plan.

(14) 

The responsible party is subject to the enforcement actions and penalties detailed in § 450-13, if the responsible party fails to comply with the terms of this permit.

E. 

Permit conditions. Permits issued under this section may include conditions established by the Village Board in addition to the requirements needed to meet the performance standards in § 450-7 or a financial guarantee as provided for in § 450-11.

F. 

Permit duration. Permits issued under this section shall be valid for 180 days from the date of issuance, except as provided as follows:

(1) 

If the Village Director of Public Works with assistance from the Village Engineer has notified the permit holder that all stormwater practices have passed the final inspection as required under this chapter, then the permit expires upon notification by the Village Director of Public Works with assistance from the Village Engineer.

(2) 

The Village Director of Public Works with assistance from the Village Engineer may extend an existing permit if continuous progress is being made by the applicant towards completion of stormwater practices.

A. 

Plan requirements. The stormwater management plan shall contain any information the Village Director of Public Works with assistance from the Village Engineer may need to evaluate the environmental characteristics of the area affected by land development or land disturbing activity, the predevelopment and postdevelopment hydrology, the potential impacts of the proposed activity upon the quality (including thermal) and quantity of stormwater discharges, the potential impacts upon water resources and drainage utilities, and the effectiveness and acceptability of proposed stormwater management measures in meeting the technical and performance standards and other requirements of this chapter. 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. The stormwater management plan required under § 450-8B shall contain at a minimum the following information:

(1) 

Name, address, and telephone number for the following or their designees: landowner, developer, project engineer for practice design and certification, person(s) responsible for installation of stormwater management practices, and person(s) responsible for maintenance of stormwater management practices prior to the transfer, if any, of maintenance responsibility to another party.

(2) 

A proper legal description of the property proposed to be developed, referenced to the U.S. Public Land Survey system or to block and lot numbers within a recorded land subdivision plat.

(3) 

Predevelopment site conditions, including:

(a) 

One or more site maps at a scale of not less than one inch equals 100 feet. The site maps shall show the following: site location and legal property description; predominant soil types and hydrologic soil groups; existing cover type and condition; topographic contours of the site at a scale not to exceed 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 sections; watershed boundaries used in hydrology determinations to show compliance with performance standards; lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site; limits of the one-hundred-year floodplain; and location of wells and wellhead protection areas covering the project area and delineated pursuant to § NR 811.16, Wis. Adm. Code.

(b) 

Hydrology, hydraulic, and pollutant loading computer model computations as needed to show compliance with performance standards. All major assumptions used in developing input parameters shall be clearly stated. The geographic areas used in making the calculations shall be clearly cross-referenced to the required map(s).

(4) 

Postdevelopment site conditions, including:

(a) 

Explanation of the provisions to preserve and use natural topography and land cover features to minimize changes in peak flow runoff rates and volumes to surface waters and wetlands.

(b) 

Explanation of any restrictions on stormwater management measures in the development area imposed by wellhead protection plans and ordinances.

(c) 

One or more site maps at a scale of not less than one inch equals 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 sections; location and type of all stormwater management conveyance and treatment practices, including the on-site and off-site tributary drainage area; location and type of conveyance system that will carry runoff from the drainage and treatment practices to the nearest adequate outlet, such as a curbed street, storm drain, or natural drainageway; watershed boundaries used in hydrology, hydraulic, and pollutant loading computer modeling calculations; and any changes to lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site.

(d) 

Hydrology, hydraulic, and pollutant loading computer model computations as needed to show compliance with performance standards. The computations shall be made for each discharge point in the development, and the geographic areas used in making the calculations shall be clearly cross-referenced to the required map(s).

(e) 

Results of investigations of soils and groundwater required for the placement and design of stormwater management measures.

(f) 

Detailed drawings including cross sections and profiles of all permanent stormwater conveyance and treatment practices.

(5) 

A description and installation schedule for the stormwater management practices needed to meet the performance standards in § 450-7.

(6) 

A maintenance plan developed for the life of each stormwater management practice, including the required maintenance activities and maintenance activity schedule.

(7) 

Cost estimates for the construction, operation, and maintenance of each stormwater management practice.

(8) 

Other information requested in writing by the Village Board to determine compliance of the proposed stormwater management measures with the provisions of this chapter.

B. 

Certification. 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.

C. 

Alternate requirements. The Village Board may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 450-7E.

A. 

Maintenance and monitoring agreement required. The maintenance and monitoring agreement required under § 450-9B for stormwater management practices shall be an agreement between the Village of Woodville and the responsible party to provide for maintenance and monitoring for both short-term and long-term stormwater management practices beyond the duration period of this permit. The maintenance and monitoring agreement shall be filed with the St. Croix 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.

(1) 

The maintenance and monitoring agreement shall provide for short-term maintenance and monitoring of stormwater management practices necessary to maintain temporary drainage and erosion control measures and to establish permanent drainage and erosion control measures. Short-term maintenance provisions are generally those that do not continue in perpetuity.

(2) 

The maintenance and monitoring agreement may provide for long-term maintenance and monitoring of stormwater practices that continue in perpetuity. Such long-term maintenance will be required where the stormwater practice serves an individual landowner or organized group of landowners.

B. 

Monitoring requirements. Stormwater facilities shall be monitored in accordance with the stormwater plan, the conditions of the permit and the maintenance and monitoring agreement. Monitoring shall verify whether or not the practice is functioning as designed. Monitoring may include, but may not be limited to, quality, temperature, and quantity of runoff.

C. 

Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 450-9A(6):

(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 § 450-8B.

(3) 

Identification of the party responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan required under § 450-8B.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(4) 

Requirement that the responsible party, organization, or Village, county, or town shall maintain stormwater management practices in accordance with the schedule included in Subsection C(2).

(5) 

Authorization for the Village Director of Public Works and/or Village Engineer to access the property to conduct inspections and monitor the stormwater management practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement.

(6) 

A requirement that the Village of Woodville shall maintain public records of the results of the site inspections, shall inform the party responsible for maintenance of the inspection results, and shall specifically indicate any corrective actions required to bring the stormwater management practice into proper working condition.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(7) 

Agreement that the party designated under Subsection C(3) as responsible for long-term maintenance of the stormwater management practices shall be notified by the Village Director of Public Works with assistance from the Village Engineer of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Village Director of Public Works with assistance from the Village Engineer.

(8) 

Authorization of the Village Director of Public Works with assistance from the Village Engineer to perform the corrected actions identified in the inspection report if the responsible party designated under Subsection C(3) does not make the required corrections in the specified time period. The Village of Woodville shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to § 66.0627 or 66.0703, Wis. Stats., or it may charge the cost against the financial guarantee posted under this chapter.

A. 

Establishment of the guarantee. The Village Director of Public Works with assistance from the Village Engineer may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the Village Director of Public Works with assistance from the Village Engineer. The financial guarantee shall be in an amount determined by the Village Director of Public Works with assistance from the Village Engineer equal to the estimated cost of construction and the estimated cost of maintenance of the stormwater management practices during the period for which the designated party in the maintenance and monitoring agreement has maintenance and monitoring responsibility. The financial guarantee shall give the Village Board the authorization to use the funds to complete the project stormwater management practices and fulfill maintenance and monitoring requirements if the responsible party defaults or does not properly implement the approved project stormwater management plan or fails to perform required maintenance and/or monitoring responsibilities, upon written notice to the responsible party by the Village Board 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 Village Board may release the portion of the financial guarantee established to assure installation of stormwater management practices under this section, minus any costs incurred by the Village of Woodville to complete the project installation of practices, upon submission of as-built plans by a licensed professional engineer. The Village Board may make provisions for a partial pro rata release of the financial guarantee based on the completion of various development stages.

(2) 

The Village Board may release the portion of the financial guarantee established under this section to assure maintenance of stormwater practices, minus any costs incurred by the Village of Woodville, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance and monitoring agreement.

The fees referred to in other sections of this chapter shall be established by the Village Board and may from time to time be modified by resolution. A schedule of the fees established by the Village Board shall be available for review in the Village Hall.

A. 

Any land development or land disturbing activity or postconstruction runoff initiated after the effective date of this chapter by any person, firm, association, or corporation subject to the provisions of this chapter shall be deemed a violation unless conducted in accordance with said provisions.

B. 

The Village Director of Public Works with assistance from the Village Engineer shall investigate and take action on all complaints made in regard to the application of this chapter. The Village Director of Public Works with assistance from the Village Engineer is authorized to enter any public or private lands affected by this chapter to inspect the land prior to permit issuance for the purpose of determining whether to approve the plan and after permit issuance to determine compliance with this chapter. If permission to enter is denied prior to permit issuance the land development or land disturbing activity that is the subject of the permit shall not occur. Following permit issuance, if permission cannot be received from the land occupier or land user, entry by the Village Director of Public Works and/or Village Engineer shall be according to § 66.0119, Wis. Stats.

C. 

The Village Director of Public Works with assistance from the Village Engineer shall notify the responsible party by personal service or certified mail of any noncomplying development or land disturbing 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.

D. 

Upon receipt of written notification from the Village Director of Public Works with assistance from the Village Engineer under Subsection C, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of the permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Village Director of Public Works with assistance from the Village Engineer in the notice. This provision also applies to land development or land disturbing activities that commenced under the approval process provided herein without obtaining a permit.

E. 

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 Village Director of Public Works with assistance from the Village Engineer may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the Village of Woodville plus interest and legal costs shall be billed to the responsible party.

F. 

The Village Director of Public Works with assistance from the Village Engineer is authorized to post a stop-work order upon any land development or land disturbing activity in violation of this chapter. The Village Director of Public Works with assistance from the Village Engineer shall supply a copy of each stop-work order to the Village Attorney. In lieu of the stop-work order, the Village Director of Public Works with assistance from the Village Engineer may issue a written cease and desist order to any land occupier or land user whose activity is in violation of this chapter. These orders shall specify that the activity must be ceased or brought into compliance with this chapter within 10 calendar days. Any such stop-work order or cease and desist order shall be subject to Ch. 68, Wis. Stats.

G. 

The Village Director of Public Works with assistance from the Village Engineer may revoke a permit issued under this chapter for noncompliance with the provisions of this chapter. Any such revocation shall be subject to the provisions of Ch. 68, Wis. Stats. Any permit granted under this chapter may be revoked if the holder of the permit has misrepresented any material fact in the permit application or plan or has failed to comply with the plan as originally approved or as modified in writing subsequently by the Village Director of Public Works with assistance from the Village Engineer or has violated any provision of this chapter or has violated any of the other conditions of the permit as issued to the applicant.

H. 

Any permit revocation, stop-work order, or cease and desist order shall remain in effect unless retracted by the Village Board or by a court of competent jurisdiction.

I. 

The Village Board 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 Village Attorney for the commencement of further legal proceedings in any court with jurisdiction.

J. 

Any person, firm, association, or corporation who or which does not comply with the provisions of this chapter shall be subject to a forfeiture as prescribed in § 1-4 of this Code, based on the severity of the violation and/or the potential impact to the Village and receiving water, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

K. 

Every violation of this chapter is a public nuisance. To the extent permitted by law, compliance with this chapter may be enforced by injunction pursuant to § 62.23(8), Wis. Stats., insofar as the same is applicable.

L. 

When the Village Board determines that the holder of a permit issued pursuant to this chapter has failed to follow practices set forth in the technical and performance standards and stormwater management plan or has failed to comply with schedules set forth in said stormwater management plan, the Village Board or a party designated by the Village Board 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 Village of Woodville 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 this chapter. Where such a guarantee has not been established, or where such a guarantee is insufficient to cover these costs, the costs and expenses shall be imposed as a special assessment or charge pursuant to § 66.0627 or 66.0703, Wis. Stats., as set forth in this chapter.

A. 

Appeals shall be made in the form of a written document to the Village. Upon receipt of the appeal, the Zoning Board of Appeals shall:

(1) 

Hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Village Board in administering this chapter.

(2) 

Authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.

B. 

The rules, procedures, duties, and powers of the Zoning Board of Appeals shall apply to this chapter.