[Adopted as Title 16 of the former City Code]
A.
This article is adopted by the Common Council under the authority
granted by § 62.234, Wis. Stats. This article supersedes
all conflicting and contradicting stormwater management regulations
previously enacted that relate to stormwater management regulations.
Except as otherwise specified in § 62.234, Wis. Stats.,
§ 62.23, Wis. Stats., applies to this article and to any
amendments to this article.
B.
The provisions of this article are deemed not to limit any other
lawful regulatory powers of the City.
C.
The Common Council hereby designates the City Zoning Administrator,
with assistance from the City Engineer, to administer and enforce
the provisions of this article.
D.
The requirements of this article do not preempt more stringent stormwater
management requirements that may be imposed by any of the following:
(1)
Wisconsin Department of Natural Resources administrative rules, permits
or approvals including those authorized under §§ 281.16
and 283.33, Wis. Stats.
(2)
Targeted nonagricultural performance standards promulgated in rules
by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
(3)
Other City ordinances and zoning regulations.
The Common Council finds that uncontrolled, post-construction
runoff has a significant impact upon water resources and the health,
safety and general welfare of the community and diminishes the public
enjoyment and use of natural resources. Specifically, uncontrolled
post-construction runoff can:
A.
Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
B.
Diminish the capacity of lakes and streams to support fish, aquatic
life, recreational and water supply uses by increasing pollutant loading
of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
C.
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads.
D.
Reduce the quality of groundwater by increasing pollutant loading.
E.
Threaten public health, safety, property and general welfare by overtaxing
storm sewers, 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 article is to establish long-term,
post-construction runoff management requirements that will diminish
the threats to public health, safety, welfare and the aquatic environment.
Specific purposes are to:
(1)
Further the maintenance of safe and healthful conditions.
(2)
Prevent and control the adverse effects of stormwater; prevent and
control soil erosion; prevent and control water pollution; protect
spawning grounds, fish and aquatic life; control building sites, placement
of structures and land uses; preserve ground cover and scenic beauty;
and promote sound economic growth.
(3)
Control exceedance of the safe capacity of existing drainage facilities
and receiving water bodies; prevent undue channel erosion; 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 article
regulates post-construction stormwater discharges within the City
and to waters of the state. This article may be applied on a site-by-site
basis. The Common Council recognizes, however, that the preferred
method of achieving the stormwater performance standards set forth
in this article is through the preparation and implementation of comprehensive,
systems-level stormwater management plans that cover hydrologic units,
such as watersheds, on a municipal and regional scale. Such plans
may prescribe regional stormwater devices, practices or systems, any
of which may be designed to treat runoff from more than one site prior
to discharge to waters of the state. Where such plans are in conformance
with the performance standards developed under § 281.16,
Wis. Stats., for regional stormwater management measures and have
been approved by the Common Council, it is the intent of this article
that the approved plan be used to identify post-construction management
measures acceptable for the community.
A.
Applicability.
(1)
Where not otherwise limited by law, this article applies after final
stabilization to a site of land development or land disturbing activity
of any size, which changes the predevelopment hydrology and/or increases
the rate of 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.
(2)
A site that meets any of the criteria in this subsection is exempt
from the requirements of this article:
(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 fiberoptic
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 article applies to post-construction sites of any size that, in the opinion of the administering authority, is 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 City Zoning Administrator, with assistance of the City 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 all of the
following conditions for the off-site facility are met:
(a)
The off-site facility is operational prior to commencing the
proposed land development or land disturbing activity.
(b)
The off-site 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 requirements of
this article.
(c)
The off-site facility has a legally obligated entity responsible
for its long-term operation and maintenance.
B.
Jurisdiction. This article applies to any land development activity
or land disturbing activity within the boundaries of the City of Prescott.
No landowner or land operator may undertake a land development or
land disturbing activity subject to this article without having met
the performance standards set forth in this article and without having
received a permit from the City Zoning Administrator with assistance
from the City Engineer prior to commencing the proposed activity.
C.
Exclusions. This article is not applicable to:
(1)
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.
(2)
Any lot existing as of the effective date of this article that is
currently platted and zoned single-family residential; provided, however,
that the use after the land disturbing activity or land development
activity shall be that of a single-family residence.
(3)
Any lot containing, as of the effective date of this article, a single-family
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 residence.
As used in this article, the following terms shall have the
meanings indicated:
A governmental employee, empowered under § 62.234,
Wis. Stats., that is designated by the Common Council to administer
this article.
Have the meaning given in § 281.16(1), Wis. Stats.
A calendar year of precipitation, excluding snow, which is
considered typical.
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.
A day the offices of City of Prescott are routinely and customarily
open for business.
A court-issued order to halt land disturbing construction
activity that is being conducted without the required permit.
The City of Prescott and its representatives.
The governmental employee designated by the Common Council
to administer this article, and includes assistance from the City
Engineer, and any other governmental employees designated by the City
Zoning Administrator or the Common Council in the absence of the City
Zoning Administrator.
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.
The temporary detaining or storage of stormwater in reservoirs,
on rooftops, in streets, parking lots, or other areas under predetermined
and controlled conditions, with the rate of distance therefore regulated
by appropriately installed devices.
Residential, commercial, industrial or institutional land
uses and associated roads.
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 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.
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.
Waters listed in § NR 102.11, Wis. Adm. Code.
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.
That all land disturbing construction activities at the construction
site have been completed and that 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.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the City of Prescott
by the responsible party to assure that requirements of the ordinance
are carried out in compliance with the stormwater management plan.
The Common Council of the City of Prescott.
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.
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 process by which rainfall or surface runoff percolates
or penetrates into the underlying soil.
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices, such as swales or road side channels designed for
conveyance and pollutant removal only.
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater,
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
The various cover types found on a specific parcel, including
impervious surface, green space, wooded area, parking lot, etc.
Any construction of buildings, roads, parking lots, paved
and unpaved storage areas and similar facilities, including agricultural
facilities.
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 City 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.
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, assignee,
or has a land contract vendor's or vendee's interest.
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 City of Prescott Municipal
Code and abutting on a public street or officially approved place.
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.
A level of implementing best management practices in order
to achieve a performance standard specified in this article which
takes into account the best available technology, cost effectiveness
and other competing issues such as human safety and welfare, endangered
and threatened resources, historic properties and geographic features.
MEP allows flexibility in the way to meet the performance standards
and may vary based on the performance standard and site conditions.
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.
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
Located outside the property boundary described in the permit
application for land development activity or land disturbing activity.
Located within the property boundary described in the permit
application for land development activity or land disturbing activity.
Has the meaning given in § NR 115.03(6), Wis. Adm.
Code.
Waters listed in § NR 102.10, Wis. Adm. Code.
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.
All contiguous lands under the ownership or control of a
landowner, land occupier, or land user.
The maximum rate at which stormwater is discharged from a
site as expressed in cubic feet per second.
The percentage of a given sample of soil, which passes through
a No. 200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the administering authority
to an applicant to conduct land development or land disturbing activities
or to discharge post-construction runoff within the City and 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.
Any person to whom a permit is issued.
Any individual, corporation, partnership, joint venture,
agency, unincorporated association, municipal corporation, county
or state agency within Wisconsin, the federal government or any combination
thereof.
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.
The body established under § 62.23(1), Wis. Stats.
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 development
or land disturbing activities and final site stabilization.
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 article. If the current stormwater
drainage system is insufficient to satisfy the requirements of this
article 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 article.
Has the meaning given in § NR 140.05(17), Wis.
Adm. Code.
All publicly owned lands which are subject to regulation
by the City, including, but not limited to:
Areas where development is replacing older development.
A stormwater pond intended to serve multiple parcels and/or
developments, thus eliminating the need for individual on-site facilities.
Cutting vegetation to the ground or stumps, complete extraction
or killing by spraying.
Any entity holding fee title to the property or other person
contracted or obligated by other agreement to implement and maintain
post-construction stormwater BMPs.
The permanent storage of stormwater without discharge.
The same as definition for "stormwater runoff."
The rate of flow that can be handled by the receiving waterway
without causing flooding or erosion damage.
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 processes of soil erosion or
is discharged into surface waters from other sources.
Settling or deposition of sediment.
Natural resources that are sensitive to the impacts of urbanization,
specifically including ground water, cold-water springs, wetlands
with diverse functions and values and other unique resources.
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 development or land disturbing activity occurred.
Any physical characteristic which limits the use of stormwater
best management practice as prescribed in the Wisconsin Stormwater
Manual published by the Wisconsin Department of Natural Resources.
A method of giving notice to the permittee that one or more
provisions of this article 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.
A closed conduit for conducting collected stormwater.
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.
A document that identifies what actions will be taken to
reduce stormwater quantity, volume, pollutant loads, thermal increases
to the receiving stream and/or erosion resulting from land development
activity to levels meeting the purpose and intent of this article
and the City of Prescott Lake St. Croix/Stormwater Management Master
Plan.
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale
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.
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.
An area where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophilic vegetation
and which has soils indicative of wet conditions. These wetlands include
natural, mitigation, and restored wetlands.
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.
A.
Design criteria, standards, and specifications. All BMPs required to comply with this article shall meet the design criteria, standards and specifications based on the following. If technical standards contained in the following documents conflict, the governing document shall be determined based on the order presented. Those technical standards with the highest priority shall prevail. In determining priorities, Subsection A(1) shall be deemed to have top priority followed by Subsection A(2), then Subsection A(3), with Subsection A(4) having the lowest priority.
(1)
Applicable design criteria, standards and specifications identified
in this article.
(2)
Applicable design criteria, standards and specifications identified
in the Wisconsin Construction Site Best Management Practice Handbook,
WDNR Pub. WR-222, November 1993 Revision.
(3)
Applicable design criteria, standards and specifications identified
in the Wisconsin Stormwater Manual, WDNR Pub. WR-349-94, 1994, including
Technical Design Guidelines for Stormwater Management Practices, UW-Extension
Pub. G3691, 2000.
(4)
Other design guidance and technical standards identified or developed
by the Wisconsin Department of Natural Resources under Subchapter
V of Ch. NR 151, Wis. Adm. Code.
A.
Responsible party. The responsible party shall implement a post-construction
stormwater management plan that incorporates the requirements of this
section.
B.
Plan. A written stormwater management plan in accordance with § 500-22 shall be developed and implemented for each post-construction site. Unless the City Zoning Administrator, with assistance from the City 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 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
City before any data will be accepted. The purpose of the meeting
is to specifically address required approvals and permits, and applicable
technical standards.
(b)
Natural topography and land cover features such as natural swales,
natural depressions, native soil infiltrating capacity, and natural
ground water recharge areas shall be preserved and used, to the extent
possible, to meet the requirements of this article.
(c)
Emergency overland flow for all stormwater facilities shall
be provided during and after construction to prevent exceeding the
safe capacity of downstream drainage facilities and prevent endangerment
of downstream property or public safety.
(d)
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.
(e)
Water quality facilities are required for all developments unless
a development is part of a City approved regional facility drainage
area.
(f)
All hydrologic data shall be submitted to the City. Data shall
be obtained used NRCS methodology, including, but not limited to,
HydroCad, Haestad Methods, or TR20/TR55 as defined by the NRCS.
(g)
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.
(h)
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.
(i)
When runoff from an upstream property passes through a downstream
property, and it is desirable in the opinion of the City 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 City, and assessed, in accordance with
state law and the Municipal Code.
(j)
Where appropriate, the plan shall include sediment controls
to do all of the following to the maximum extent practicable:
(k)
The use, storage, and disposal of chemicals, cement, and other
compounds and materials used on the construction site shall be managed
during the construction period to prevent their entrance into waters
of the state. However, projects that require the placement of these
materials in waters of the state, such as constructing bridge footings
or BMP installations, are not prohibited by this subsection.
(2)
Total suspended solids. BMPs shall be designed, installed and maintained
to control total suspended solids carried in runoff from the post-construction
site as follows:
(a)
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 redevelopment, by design, reduce to the maximum extent practicable,
the total suspended solids load by 40%, based on the average annual
rainfall, as compared to no runoff management controls. A forty-percent
total suspended solids reduction shall meet the requirements of this
article.
(c)
All water quality analyses shall be based on the P8 Urban Catchment
Model or other comparable model as approved by the City Zoning Administrator
with assistance from the City Engineer.
(d)
For this article, the following year has been selected as average
annual rainfall: Minneapolis 1959 (October 1, 1958 through September
30, 1959).
(e)
Notwithstanding C(2)(a) to (d), 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)
For a 1.5 inch rainfall event the proposed post-development
runoff volume and peak flow rate must not exceed the runoff volume
and peak flow rate for predevelopment conditions.
(b)
For the two-, ten-, and one-hundred-year rainfall event: the
post-development peak flow rate shall not exceed the peak flow rate
for predevelopment land use conditions, or less if downstream system
capacity problems exist.
(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. BMPs shall be designed, installed, and maintained
to infiltrate runoff to meet the runoff rates and volume where hydrologic
Group A or B soils exist 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 City Zoning Administrator
with assistance from the City Engineer.
(c)
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)(f). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(d)
Exclusions. The runoff from the following areas are 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 this Subsection C(4)(d)[5] 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 400 feet of a community water system well as specified
in § NR 811.16(4), Wis. Adm. Code, or within 100 feet of
a private well as specified in § NR 812.08(4), Wis. Adm
Code, for runoff infiltrated from commercial, industrial and institutional
land uses or regional devices for residential development.
[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 C(4)(d)[9] does not prohibit infiltration of roof runoff.
(e)
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.
(f)
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.
(5)
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
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: 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). 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.
[7]
For concentrated flow channels with drainage areas greater than
130 acres: 10 feet.
(b)
This subsection applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection C(5)(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 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.
(d)
This subsection does not apply to:
[1]
Structures that cross or access surface waters such as boat
landings, bridges and culverts.
[2]
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.
[3]
Post-construction sites from which runoff does not enter the
surface water, except to the extent that vegetative ground cover is
necessary to maintain bank stability.
(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 City 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)
Post-construction runoff within a nonnavigable surface water that
flows into a BMP, such as a wet detention pond, is not required to
meet the performance standards of this article. Post-construction
BMPs may be located in nonnavigable surface waters.
(3)
Except as allowed under Subsection E(4), post-construction runoff from new development shall meet the post-construction performance standards prior to entering a navigable surface water.
(4)
Post-construction runoff from any development within a navigable
surface water that flows into a BMP is not required to meet the performance
standards of this article if:
(5)
Runoff from existing development, redevelopment and in-fill areas
shall meet the post-construction performance standards in accordance
with this subsection.
(a)
To the maximum extent practicable, BMPs shall be located to
treat runoff prior to discharge to navigable surface waters.
(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 article.
(7)
The administering authority may approve off-site management measures
provided that all of the following conditions are met:
(a)
The administrating authority determines that the post-construction
runoff is covered by a stormwater management system plan that is approved
by the City of Prescott and that contains management requirements
consistent with the purpose and intent of this article.
(b)
The off-site facility meets all of the following conditions:
[1]
The facility is in place.
[2]
The facility is designed and adequately sized to provide a level
of stormwater control equal to or greater than that which would be
afforded by on-site practices meeting the performance standards of
this article.
[3]
The facility has a legally obligated entity responsible for
its long-term operation and maintenance.
(8)
Where a regional treatment option exists such that the administering
authority 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 administering
authority. In determining the fee for post-construction runoff, the
administering authority 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 post-construction
runoff permit from the administering authority prior to commencing
the proposed activity.
B.
Permit application and fees. Unless specifically excluded by this
article, any responsible party, landowner, or operator required to
obtain a permit under this article desiring a permit shall submit
to the administering authority a permit application made on a form
provided by the administering authority for that purpose.
(1)
Unless otherwise exempted by this article, 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 §§ 500-20 and 500-22, the maintenance and monitoring agreement shall be prepared to meet the requirements of § 500-23, the financial guarantee shall meet the requirements of § 500-24, and fees shall be those established by the Common Council as set forth in § 500-25.
C.
Review and approval of permit application. The administering authority
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)
Accept all preapplication requests, and all permit applications that
are accompanied by the stormwater plan and the required fee.
(2)
Within 30 business days of the receipt of a complete permit application, including all items as required by Subsection B, the administering authority shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this article. The administering authority shall base the decision on requirements set forth in this article, 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 administering authority
shall issue the permits required in accordance with the procedure
as set out in this article, 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 administering authority shall detail in writing
the reasons for disapproval.
(5)
The administering authority 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 administering authority shall have 15
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 administering authority to inform the permit applicant of a decision within 30 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 administering authority 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 article shall be subject to the following conditions, and holders of permits issued under this article, and permit applicants proceeding as if a permit had been issued under the approval process provided in this article shall be deemed to have accepted these conditions. The administering authority may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the administering authority to suspend or revoke this permit may be appealed in accordance with § 500-27.
(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 § 500-19, and the performance standards set forth in § 500-20, and this permit, prior to commencing any land development or land disturbing activity.
(3)
The responsible party shall notify the administering authority 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 E, the responsible party shall make additional notification according to a schedule set forth by the administering authority so that practice installations can be inspected during construction.
(4)
Practice and infrastructure installations required as part of this
article shall be certified "as built" by a licensed professional engineer
other than the City Engineer and City Zoning Administrator. Completed
stormwater management practices must pass a final inspection by the
administering authority or its designee to determine if they are in
accordance with the approved stormwater management plan and ordinance.
The administering authority 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. The administering
authority shall notify the permit holder when stormwater management
practices have passed final inspection.
(5)
The responsible party shall notify the administering authority of
any significant modifications it intends to make to an approved stormwater
management plan. The administering authority 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 Common Council or are transferred
to subsequent private owners as specified in the approved maintenance
agreement.
(7)
The responsible party authorizes the administering authority 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 § 500-32 in accordance with this article 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 administering authority, 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 administering
authority or its 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 post-development hydrology, increases in peak rate and/or
total volume of runoff, the sediment loading and/or thermal pollution
from a site, the administering authority 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
article 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 administering
authority.
(12)
A copy of the stormwater plan shall be available at the job
site when land development or land disturbing activities are in progress.
(13)
The permittee shall inspect, or cause to be inspected, the BMPs
within 24 hours after each rain of 0.5 inch or more which results
in runoff during active construction periods, and at least once each
week, make needed repairs and document the findings of the inspections
in a site erosion control log with the date of inspection, the name
of the person conducting the inspection, and a description of the
present phase of the construction at the site.
(15)
If so directed by the administering authority, 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.
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 administering authority has notified the permit holder that
all stormwater practices have passed the final inspection as required
under this article, then the permit expires upon notification by the
City Zoning Administrator or City Engineer.
(2)
The administering authority 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 City Zoning Administrator, with assistance from City Engineer, may need to evaluate the environmental characteristics of the area affected by land development or land disturbing activity, the pre- and post-development 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 article. All site investigations, plans, designs, computations, and drawings shall be certified by a licensed professional engineer to be prepared in accordance with accepted engineering practice and requirements of this article. The stormwater management plan required under § 500-21B 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;
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)
Post-development site conditions, including:
(a)
Explanation of the provisions to preserve and use natural topography
and land cover features to minimize changes in peak flow runoff rates
and volumes to surface waters and wetlands.
(b)
Explanation of any restrictions on stormwater management measures
in the development area imposed by wellhead protection plans and ordinances.
(c)
One or more site maps at a scale of not less than one inch equals
100 feet showing the following: post-construction pervious areas,
including vegetative cover type and condition; impervious surfaces,
including all buildings, structures, and pavement; post-construction
topographic contours of the site at a scale not to exceed two feet;
post-construction drainage network, including enough of the contiguous
properties to show runoff patterns onto, through, and from the site,
locations and dimensions of drainage easements; locations of maintenance
easements specified in the maintenance agreement; flow path and direction
for all stormwater conveyance sections; location and type of all stormwater
management conveyance and treatment practices, including the on-site
and off-site tributary drainage area; location and type of conveyance
system that will carry runoff from the drainage and treatment practices
to the nearest adequate outlet such as a curbed street, storm drain,
or natural 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. 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 § 500-20.
(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 administering authority
to determine compliance of the proposed stormwater management measures
with the provisions of this article.
(9)
All site investigations, plans, designs, computations, and drawings
shall be certified by a licensed professional engineer to be prepared
in accordance with accepted engineering practice and requirements
of this article.
A.
Maintenance and monitoring agreement required. The maintenance and monitoring agreement required under § 500-22B for stormwater management practices shall be an agreement between the administering authority and the responsible party to provide for maintenance and monitoring for both short term and long term of stormwater management practices beyond the duration period of this permit. The maintenance and monitoring agreement shall be filed with the Pierce 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 no 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 § 500-22A(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 § 500-21B.
(3)
Identification of the responsible party(s), organization or City, county, town or village responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan required under § 500-21B.
(4)
Requirement that the responsible party(s), organization, or City, county, town or village shall maintain stormwater management practices in accordance with the schedule included in Subsection C(2).
(5)
Authorization for the administering authority 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)
Requirement that the administering authority shall maintain public
records of the results of the site inspections, shall inform the responsible
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.
(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 administering authority of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the administering authority.
(8)
Authorization of the administering authority 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 administering authority 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 posed under this article.
A.
Establishment of the guarantee. The administering authority may require
the submittal of a financial guarantee, the form and type of which
shall be acceptable to the administering authority. The financial
guarantee shall be in an amount determined by the administering authority
equal to 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 and monitoring agreement
has maintenance and monitoring responsibility. The financial guarantee
shall give the administering authority 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 administering authority that the requirements of this
article have not been met.
B.
Conditions for release. Conditions for the release of the financial
guarantee are as follows:
(1)
The administering authority 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 administering
authority to complete the project installation of practices, upon
submission of as-built plans by a licensed professional engineer.
The administering authority may make provisions for a partial pro-rata
release of the financial guarantee based on the completion of various
development stages.
(2)
The administering authority may release the portion of the financial
guarantee established under this section to assure maintenance of
stormwater practices, minus any costs incurred by the administering
authority, at such time that the responsibility for practice maintenance
is passed on to another entity via an approved maintenance and monitoring
agreement.
An application for a stormwater management permit under this
article shall be accompanied by a permit administration fee in the
amount prescribed in the City's fee schedule.[2]
A.
Any land development or land disturbing activity or post-construction
runoff initiated after the effective date of this article by any person,
firm, association, or corporation subject to the article provisions
shall be deemed a violation unless conducted in accordance with said
provisions.
B.
The administering authority shall investigate and take action on
all complaints made in regard to the application of this article.
The administering authority is authorized to enter any public or private
lands affected by this article 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 article.
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 administering
authority shall be according to § 66.0119, Wis. Stats.
C.
The administering authority shall notify the responsible party by
personal service or certified mail of any noncomplying development
or land disturbing activity or post-construction runoff. The notice
shall describe the nature of the violation, remedial actions needed,
a schedule for remedial action, and additional enforcement action
which may be taken.
D.
Upon receipt of written notification from the administering authority under Subsection C, 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 administering authority 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 article are
likely to result in damage to properties, public facilities, or waters
of the state, the administering authority may enter the land and take
emergency actions necessary to prevent such damage. The costs incurred
by the administering authority plus interest and legal costs shall
be billed to the responsible party.
F.
The administering authority is authorized to post a stop-work order
upon any land development or land disturbing activity in violation
of this article. The administering authority shall supply a copy of
each stop-work order to the City Attorney. In lieu of the stop-work
order, the administering authority may issue a written cease and desist
order to any land occupier or land user whose activity is in violation
of this article. These orders shall specify that the activity must
be ceased or brought into compliance with this article within 10 calendar
days. Any such stop-work order or cease and desist order shall be
subject to Ch. 68, Wis. Stats.
G.
The administering authority may revoke a permit issued under this
article for noncompliance with article provisions. Any such revocation
shall be subject to the provisions of Ch. 68, Wis. Stats. Any permit
granted under this article 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 administering authority;
has violated any provision of this article; 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 Plan Commission, administering
authority, or by a court of competent jurisdiction.
I.
The administering authority is authorized to refer any violation
of this article, or of a stop-work order or cease and desist order
issued pursuant to this article, to the City Attorney for the commencement
of further legal proceedings in any court with jurisdiction.
J.
Any person, firm, association, or corporation who does not comply with the provisions of this article shall be subject to a forfeiture as provided in § 1-4 of this Code, based on the severity of the violation and/or the potential impact to the City and receiving water, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.[1]
K.
Every violation of this article is a public nuisance. To the extent
permitted by law, compliance with this article may be enforced by
injunction pursuant to § 62.23(8), Wis. Stats., insofar
as the same is applicable.
L.
When the administering authority determines that the holder of a
permit issued pursuant to this article 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 administering authority or
a party designated by the administering authority 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 administering authority 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 article. 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 article.
Appeals shall be made in the form of a written document to the
Zoning Board of Appeals.
A.
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 administering
authority in administering this article.
(2)
Authorize
upon appeal in specific cases such variances from the terms of this
article as will not be contrary to the public interest, where, owing
to special conditions, a literal enforcement of the provisions of
this article will result in practical difficulty or unnecessary hardship,
so that the spirit of this article 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 article.
