[Adopted 11-5-2007 (Title
15, Ch. 8, of the 1988 Code)]
A.
Statutory authority. This article is adopted by the Kimberly Village
Board of Trustees under the authority granted by § 61.354,
Wis. Stats. This article supersedes all provisions of any ordinance(s)
previously enacted under § 61.35, Wis. Stats., that relate
to stormwater management regulations, except as otherwise specified
in § 61.354, Wis. Stats.
B.
Applicability of statutes. Section 61.35, Wis. Stats., applies to
this article and to any amendments to this article.
C.
Other regulations. The provisions of this article are deemed not
to limit any other lawful regulatory powers of the same governing
body.
D.
Administration. The Village Board hereby designates the Building
Inspector to administer and enforce the provisions of this article.
E.
Applicability of requirements. 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.
The Kimberly Village Board 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 temperatures.
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 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 Village Board that this article regulates
post-construction stormwater discharges to waters of the state. This
article 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 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 Village Board, 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 to all post-construction sites, unless the site is otherwise exempt under Subsection A(2).
(2)
A post-construction site that meets any of the criteria in this subsection
is exempt from the requirements of this article:
(a)
One- and two-family residential dwellings that are not part
of a larger common plan of development or sale and that result in
less than one acre of disturbance.
(b)
Nonpoint discharges from agricultural activity areas.
(c)
Nonpoint discharges from silviculture activities.
(d)
Mill and crush operations.
(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 Building Inspector, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that cause undue channel erosion, that increase water pollution by scouring or the transportation of particulate matter, or that endanger property or public safety.
B.
Jurisdiction. This article applies to post-construction sites within
the boundaries and jurisdiction of the Village of Kimberly.
C.
Exclusions. This article is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.,
but also including the Office of District Attorney, which is subject
to the state plan promulgated or a memorandum of understanding entered
into under § 281.33(2), Wis. Stats.
The following definitions shall be applicable in this article:
A governmental employee, or a regional planning commission
empowered under § 61.354, Wis. Stats., that is designated
by the Village Board to administer this article.
The part of the farm where there is planting, growing, cultivating
and harvesting of crops for human or livestock consumption and pasturing
or outside yarding of livestock, including sod farms and silviculture.
Practices in this area may include waterways, drainage ditches, diversions,
terraces, farm lanes, excavations, filling and similar practices.
The agricultural activity area does not include the agricultural production
area.[1]
The part of a farm where there is concentrated production
activity or impervious surfaces. Agricultural production areas include
buildings, driveways, parking areas, feed storage structures, manure
storage structures, and other impervious surfaces. The agricultural
production area does not include the agricultural activity area.
A calendar year of precipitation, excluding snow, which is
considered typical. For purposes of this article, "average annual
rainfall" means measured precipitation in Green Bay, Wisconsin, between
March 29, 1969, and November 25, 1969.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or pollutants carried
in runoff to waters of the state.
A day the office of Building Inspector is routinely and customarily
open for business.
A court-issued order to halt land-disturbing construction
activity that is being conducted without the required permit.
A system for conveying both sanitary sewage and stormwater
runoff.
A development or sale where multiple separate and distinct
land-disturbing construction activities may be taking place at different
times on different schedules but under one plan. A common plan of
development or sale includes, but is not limited to, subdivision plats,
certified survey maps, and other developments.
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
An area upon which one or more land-disturbing construction
activities occur, including areas that are part of a larger common
plan of development or sale.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall. The TR-55, Type II, twenty-four-hour
design storms for the Village of Kimberly are:
Residential, commercial, industrial, institutional or other
land uses and associated roads.
The creation from one or more parcels or building sites of
additional parcels or building sites, where such creation occurs at
one time or through successive partition within a five-year period.
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
The process by which the land's surface is worn away by the
action of wind, water, ice or gravity.
Waters listed in § NR 102.11, Wis. Adm. Code.
The unincorporated area within three miles of the corporate
limits of a first, second or third class city or with 1 1/2 miles
of a fourth class city or village.
All land-disturbing construction activities at the construction
site have been completed and a uniform, perennial, vegetative cover
has been established, with a density of at least 70% of the cover,
for the unpaved areas and areas not covered by permanent structures,
or employment of equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the Building
Inspector by the responsible party to assure that requirements of
this article are carried out in compliance with the stormwater management
plan.
The Village of Kimberly Board of Trustees.[2]
Has the meaning given in § 340.01(22), Wis. Stats.
Has the meaning given in § 84.013(1)(b), Wis. Stats.
Has the meaning given in § 84.013(1)(c), Wis. Stats.
Has the meaning given in § 84.013(1)(d), Wis. Stats.
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. Gravel surfaces are considered impervious,
unless specifically designed to encourage infiltration.
A new development area less than five acres in size that
is located within existing urban service areas, surrounded by already
existing development or existing development and natural or man-made
features where development cannot occur.
The entry of precipitation or runoff into or through the
soil.
A device or practice, such as a basin, trench, rain garden
or swale, designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices, such as swales or roadside channels, designed for
conveyance and pollutant removal only.
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater,
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. Land-disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities,
and soil stockpiling.
A legal document that provides for long-term maintenance
of stormwater management and best 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.
Reconstruction of a highway that is limited to 1.5 miles
in continuous or aggregate total length of realignment and that does
not exceed 100 feet in width of roadbed widening.
That portion of a post-construction site where impervious
surfaces are being created or expanded. Any disturbance where the
amount of impervious area for the post-development condition is greater
than the predevelopment condition is classified as new development.
For purposes of this article, a post-construction site is classified
as new development, redevelopment, routine maintenance, or some combination
of these three classifications as appropriate.
Located outside the property boundary described in the permit
application.
Located within the property boundary described in the permit
application.
Has the meaning given in § NR 115.03(6), Wis. Adm.
Code.
Waters listed in § NR 102.10, Wis. Adm. Code.
The percentage of a given sample of soil which passes through
a No. 200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
Written authorization made by the Building Inspector to the
applicant to conduct land-disturbing construction activity or to discharge
post-construction runoff to waters of the state.
A sum of money paid to the Building Inspector by the permit
applicant for the purpose of recouping the expenses incurred by the
authority in administering the permit.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
A construction site following the completion of land-disturbing
construction activity and final site stabilization.
The extent and distribution of land cover types present after
the completion of land-disturbing construction activity and final
site stabilization.
The extent and distribution of land cover types present before
the initiation of land-disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
Has the meaning given in § NR 140.05(17), Wis.
Adm. Code.
That portion of a post-construction site where impervious
surfaces are being reconstructed, replaced or reconfigured. Any disturbance
where the amount of impervious area for the post-development condition
is equal to or less than the predevelopment condition is classified
as redevelopment. For purposes of this article, a post-construction
site is classified as new development, redevelopment, routine maintenance,
or some combination of these three classifications, as appropriate.
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.
That portion of a post-construction site where predevelopment
impervious surfaces are being maintained to preserve the original
line and grade, hydraulic capacity, drainage pattern, configuration,
or purpose of the facility. Remodeling of buildings and resurfacing
of parking lots, streets, driveways and sidewalks are examples of
routine maintenance, provided the lower 1/2 of the impervious surface's
granular base is not disturbed. The disturbance shall be classified
as redevelopment if the lower 1/2 of the granular base associated
with the predevelopment impervious surface is disturbed or if the
soil located beneath the impervious surface is exposed. For purposes
of this article, a post-construction site is classified as new development,
redevelopment, routine maintenance, or some combination of these three
classifications, as appropriate.
Stormwater or precipitation including rain, snow or ice melt
or similar water that moves on the land surface via sheet or channelized
flow.
A conveyance or system of conveyances, including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria:
The entire area included in the legal description of the
land on which the land-disturbing construction activity occurred.
An order issued by the Building Inspector which requires
that all construction activity on the site be stopped.
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has undergone final stabilization
following completion of the construction activity.
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
An edge or point on the landscape landward from the ordinary
high-water mark of a surface water of the state, where the slope of
the land begins to be less than 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the 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 public street, a public road, a public highway, a public
mass transit facility, a public use airport, a public trail, or any
other public work for transportation purposes such as harbor improvements
under § 85.095(1)(b), Wis. Stats.
A rainfall-type curve as established in the United States
Department of Agriculture, Soil Conservation Service (now Natural
Resources 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.
A.
The following methods shall be used in designing and maintaining
the water quality, peak discharge, infiltration, protective area,
and fueling/vehicle maintenance components of stormwater practices
needed to meet the water quality standards of this article:
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 Building
Inspector.
C.
In this article, the following year(s) and location(s) have been
selected as average annual rainfall(s): Green Bay, 1969 (March 29
to November 25).
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 § 425-32 shall be developed and implemented for each post-construction site.
C.
Requirements. The stormwater management plan shall meet the following
minimum requirements to the maximum extent practicable:
(1)
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. The total suspended solids reduction shall be based
on the average annual rainfall, as compared to no runoff management
controls.
(a)
For post-construction sites with 20,000 square feet or more
of impervious surface disturbance and post-construction sites with
one acre or more of land disturbance, the following is required:
[1]
Reduce the total suspended solids load by 80% for new development.
[2]
Reduce the total suspended solids load by 40% for redevelopment.
[3]
No total suspended solids load reduction is required for routine
maintenance areas unless runoff from the routine maintenance area
discharges into a proposed water quality BMP.
(b)
For post-construction sites with less than 20,000 square feet
of impervious surface disturbance, reduce the total suspended solids
load using BMPs from the Village of Kimberly Stormwater Reference
Guide. These sites are not required to satisfy a numeric performance
standard.
(c)
Sites with a cumulative addition of 20,000 square feet or greater of impervious surfaces after the adoption date of this article are required to satisfy the performance standards within Subsection C(1)(a).
(d)
The amount of total suspended solids control previously required
for the site shall not be reduced as a result of the proposed development
or disturbance.
(e)
Notwithstanding Subsection C(1)(a) through (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.
(2)
Peak discharge. BMPs shall be designed, installed and maintained
to control peak discharges from the post-construction site as follows.
(a)
For post-construction sites with 20,000 square feet or more
of impervious surface disturbance and post-construction sites with
one acre or more of land disturbance, the following is required:
[1]
The peak post-development discharge rate shall not exceed the
peak predevelopment discharge rate for the two-, ten-, and one-hundred-year,
twenty-four-hour design storms. These peak discharge requirements
apply to new development and redevelopment areas, unless runoff from
the routine maintenance area discharges into a proposed peak flow
control facility.
[2]
TR-55 methodology shall be used for peak discharge calculations,
unless the administering authority approves an equivalent methodology.
The meanings of "hydrologic soil group" and "runoff curve number"
are as determined using the following "meadow" runoff curve numbers:
|
Maximum Predevelopment Runoff Curve Numbers — Meadow
| |||||
|---|---|---|---|---|---|
|
Hydrologic soil group
|
A
|
B
|
C
|
D
| |
|
Runoff curve number
|
30
|
58
|
71
|
78
| |
(b)
For post-construction sites with less than 20,000 square feet
of impervious surface disturbance, reduce peak post-development discharge
rates using BMPs from the Village of Kimberly Stormwater Reference
Guide. These sites are not required to satisfy a numeric performance
standard.
(c)
Sites with a cumulative addition of 20,000 square feet or greater of impervious surfaces after the adoption date of this article are required to satisfy the performance standards within Subsection C(2)(a)[1] and [2].
(d)
The amount of peak discharge control previously required for
the site shall not be reduced as a result of the proposed development
or disturbance.
(e)
An adequate outfall shall be provided for each point of concentrated
discharge from the post-construction site. An adequate outfall consists
of nonerosive discharge velocities and reasonable downstream conveyance.
(f)
Exemptions. The following transportation facilities are not required to meet the peak discharge requirements of this Subsection C(2), provided the transportation facility is not part of a larger common plan of development or sale:
[1]
A transportation facility where the change in hydrology due
to development does not increase the existing surface water elevation
at any point within the downstream receiving surface water by more
than 0.01 of a foot for the two-year, twenty-four-hour storm event.
[2]
A highway reconstruction site.
[3]
A transportation facility that is part of a redevelopment project.
(3)
Infiltration. BMPs shall be designed, installed and maintained to infiltrate runoff in accordance with the following, except as provided in Subsection C(3)(h) through (k):
(a)
For residential developments with 20,000 square feet or more
of impervious surface disturbance and residential developments with
one acre or more of land disturbance, one of the following shall be
met:
[1]
Infiltrate sufficient runoff volume so that the post-development
infiltration volume shall be at least 90% of the predevelopment infiltration
volume, based on an average annual rainfall. However, when designing
appropriate infiltration systems to meet this requirement, no more
than 1% of the project site is required as an effective infiltration
area.
[2]
Infiltrate 25% of the post-development runoff from the two-year,
twenty-four-hour design storm with a Type II distribution. Separate
curve numbers for pervious and impervious surfaces shall be used to
calculate runoff volumes and not composite curve numbers as defined
in TR-55. However, when designing appropriate infiltration systems
to meet this requirement, no more than 1% of the project site is required
as an effective infiltration area.
(b)
For nonresidential developments with 20,000 square feet or more
of impervious surface disturbance and nonresidential developments
with one acre or more of land disturbance, including commercial, industrial
and institutional development, one of the following shall be met:
[1]
Infiltrate sufficient runoff volume so that the post-development
infiltration volume shall be at least 60% of the predevelopment infiltration
volume, based on an average annual rainfall. However, when designing
appropriate infiltration systems to meet this requirement, no more
than 2% of the project site is required as an effective infiltration
area.
[2]
Infiltrate 10% of the runoff from the two-year, twenty-four-hour
design storm with a Type II distribution. Separate curve numbers for
pervious and impervious surfaces shall be used to calculate runoff
volumes and not composite curve numbers as defined in TR-55. However,
when designing appropriate infiltration systems to meet this requirement,
no more than 2% of the project site is required as an effective infiltration
area.
(c)
Predevelopment condition shall assume "good hydrologic conditions"
for appropriate land covers as identified in TR-55 or an equivalent
methodology approved by the administering authority. 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 following runoff curve numbers
shall be used:
|
Maximum Predevelopment Runoff Curve Numbers — Cropland
| |||||
|---|---|---|---|---|---|
|
Hydrologic soil group
|
A
|
B
|
C
|
D
| |
|
Runoff curve number
|
56
|
70
|
79
|
83
| |
(d)
For residential and nonresidential developments with less than
20,000 square feet of new impervious surfaces, infiltrate runoff volume
using BMPs from the Village of Kimberly Stormwater Reference Guide.
These sites are not required to satisfy a numeric performance standard.
(f)
The amount of infiltration previously required for the site
shall not be reduced as a result of the proposed development or disturbance.
(g)
Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection C(3)(k). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(h)
Exclusions. Infiltration of runoff from the following areas is prohibited from meeting the infiltration requirements of this Subsection C(3):
[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 of separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock, except this Subsection C(3)(h)[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 twenty-percent fines or greater; or at least a five-foot soil layer with ten-percent fines or greater. This does not apply where the soil medium within the infiltration system provides an equivalent level of protection. This Subsection C(3)(h)[9] does not prohibit infiltration of roof runoff.
(i)
Exemptions. Infiltration of runoff from the following areas is not required to meet the infiltration requirements of this Subsection C(3):
[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 and routine maintenance areas.
[4]
Infill 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.
[7]
Highways, provided the transportation facility is not part of
a larger common plan of development or sale.
(j)
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.
(k)
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. Notwithstanding the above statements, the discharge from
BMPs shall remain below the enforcement standard at the point of standards
application.
(4)
Protective areas.
(a)
"Protective area" means an area of land that commences at the
top of the channel of lakes, streams and rivers or at the delineated
boundary of wetlands, and that is the greatest of the following widths,
as measured horizontally from the top of the channel or delineated
wetland boundary to the closest impervious surface. However, in this
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.
[5]
For less susceptible wetlands: 10% of the average wetland width,
but no less than 10 feet nor more than 30 feet. Less susceptible wetlands
include degraded wetlands dominated by invasive species such as reed
canary grass.
[6]
In Subsection C(4)(a)[1], [4] and [5], determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in § NR 103.03, Wis. Adm. Code.
[7]
For concentrated flow channels with drainage areas greater than
130 acres: 10 feet.
(b)
Wetlands shall be delineated. Wetland boundary delineations shall be made in accordance with § NR 103.08(1m), Wis. Adm. Code. This Subsection C(4) 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.
(d)
The following requirements shall be met:
[1]
Impervious surfaces shall be kept out of the protective area
to the maximum extent practicable. The stormwater management plan
shall contain a written site-specific explanation for any parts of
the protective area that are disturbed during construction.
[2]
Where land-disturbing construction activity occurs within a
protective area, and where no impervious surface is present, adequate
sod or self-sustaining vegetative cover of 70% or greater shall be
established and maintained. The adequate sod or self-sustaining vegetative
cover shall be sufficient to provide for bank stability, maintenance
of fish habitat and filtering of pollutants from upslope overland
flow areas under sheet flow conditions. Nonvegetative materials, such
as rock riprap, may be employed on the bank as necessary to prevent
erosion, such as on steep slopes or where high velocity flows occur.
[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.
(e)
A protective area established or created after the adoption date of this article shall not be eliminated or reduced, except as allowed in Subsection C(4)(f)[2], [3] or [4] below.
(f)
Exemptions. The following areas are not required to meet the protective area requirements of this Subsection C(4):
[1]
Redevelopment and routine maintenance areas, provided the minimum requirements within Subsection C(4)(e) above are satisfied.
[2]
Structures that cross or access surface waters such as boat
landings, bridges and culverts.
[3]
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.
[4]
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.
(5)
Fueling and vehicle maintenance areas. Fueling and vehicle maintenance
areas shall, to the maximum extent practicable, have BMPs designed,
installed and maintained to reduce petroleum within runoff, such that
the runoff that enters waters of the state contains no visible petroleum
sheen.
(6)
Swale treatment for transportation facilities. This subsection is
not applicable to transportation facilities that are part of a larger
common plan of development or sale:
(a)
Applicability. Except as provided in Subsection C(6)(b), transportation facilities that use swales for runoff conveyance and pollutant removal meet all of the requirements of this section, if the swales are designed to the maximum extent practicable to do all of the following:
[1]
Be vegetated. However, where appropriate, nonvegetative measures
may be employed to prevent erosion or provide for runoff treatment,
such as rock riprap stabilization or check dams.
[2]
Carry runoff through a swale for 200 feet or more in length
that is designed with a flow velocity no greater than 1.5 feet per
second for the peak flow generated using either a two-year, twenty-four-hour
design storm or a two-year storm with a duration equal to the time
of concentration as appropriate. If a swale of 200 feet in length
cannot be designed with a flow velocity of 1.5 feet per second or
less, then the flow velocity shall be reduced to the maximum extent
practicable.
(b)
Exemptions. The Building Inspector may, consistent with water
quality standards, require other provisions of this section be met
on a transportation facility with an average daily travel of vehicles
greater than 2,500 and where the initial surface water of the state
that the runoff directly enters is any of the following:
[1]
An outstanding resource water.
[2]
An exceptional resource water.
[3]
Waters listed in Section 303(d) of the Federal Clean Water Act
that are identified as impaired, in whole or in part, due to nonpoint
source impacts.
[4]
Waters where targeted performance standards are developed under
§ NR 151.004, Wis. Adm. Code, to meet water quality standards.
(7)
Exemptions.
(a)
The following areas are not required to meet the performance standards of Subsection C:
[1]
Agricultural production areas with less than 100,000 square feet
of impervious surface disturbance.
[2]
Underground utility construction such as water, sewer, gas, electric,
telephone, cable television, and fiber-optic lines. This exemption
does not apply to the construction of any aboveground structures associated
with utility construction.
(b)
The following transportation facilities are exempt, provided
the transportation facility is not part of a larger common plan of
development or sale:
[1]
Reconditioning or resurfacing of a highway.
[2]
Minor reconstruction of a highway. Notwithstanding this exemption,
the protective area requirements within § NR 151.24(6),
Wis. Adm. Code, apply to minor reconstruction of a highway.
[3]
A redevelopment transportation facility with no increase in
exposed parking lots or roads.
[4]
A transportation facility with less than ten-percent connected
imperviousness based on complete development of the transportation
facility, provided the cumulative area of all parking lots and rooftops
is less than one acre.
[5]
Routine maintenance for transportation facilities if performed
to maintain the original line and grade, hydraulic capacity or original
purpose of the facility.
D.
General considerations for on-site and off-site stormwater management
measures. The following considerations shall be observed in managing
runoff:
(1)
Use of natural topography. 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. 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 options.
(1)
BMP use. The BMPs may be located on site or off site as part of a
regional stormwater device, practice or system.
(2)
Post-construction BMPs. 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)
Post-construction runoff standard. Except as allowed under Subsection E(4) below, post-construction runoff from new development shall meet the post-construction performance standards prior to entering a navigable surface water.
(4)
Exceptions to post-construction runoff standard. 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. Runoff from existing development,
redevelopment and infill 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.
(b)
Post-construction BMPs for such runoff may be located in a navigable
surface water if allowable under all other applicable federal, state
and local regulations such as Ch. NR 103, Wis. Adm. Code, and Ch.
30, Wis. Stats.
(6)
Runoff discharge. 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)
Building Inspector approval. The Building Inspector may approve off-site
management measures, provided that all of the following conditions
are met:
(a)
The Building Inspector determines that the post-construction
runoff is covered by a stormwater management system plan that is approved
by the Village of Kimberly 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)
Regional treatment option. Where a regional treatment option exists
such that the Building Inspector 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 post-construction
runoff, the Village Board shall consider an equitable distribution
of the cost for land, engineering design, construction, and maintenance
of the regional treatment option.[1]
F.
Alternate requirements. The Building Inspector may establish stormwater
management requirements more stringent than those set forth in this
section if the Building Inspector determines that an added level of
protection is needed to protect sensitive resources. Also, the Building
Inspector may establish stormwater management requirements less stringent
than those set forth in this section if the Building Inspector determines
that less protection is needed to protect sensitive resources and
provide reasonable flood protection. However, the alternative requirements
shall not be less stringent than those requirements promulgated in
rules by the Wisconsin Department of Natural Resources under Ch. NR
151, Wis. Adm. Code.
A.
Permit required. No responsible party may undertake a land-disturbing
construction activity without receiving a post-construction runoff
permit from the Building Inspector prior to commencing the proposed
activity.
B.
Permit application and fees.
(1)
Unless specifically excluded by this article, any responsible party
desiring a permit shall submit to the Building Inspector a permit
application made on a form provided by the Building Inspector for
that purpose.
(2)
Unless otherwise excepted by this article, a permit application must
be accompanied by a stormwater management plan, a maintenance agreement,
and a nonrefundable permit administration fee.
(3)
The stormwater management plan shall be prepared to meet the requirements of §§ 425-30 and 425-32, the maintenance agreement shall be prepared to meet the requirements of § 425-33, the financial guarantee shall meet the requirements of § 425-34, and fees shall be those established by the Village Board as set forth in § 425-35.
C.
Review and approval of permit application(s). The Building Inspector
shall review any permit application that is submitted with a stormwater
management plan, maintenance agreement, and the required fee. The
following approval procedure shall be used:
(1)
Within 20 business days of the receipt of a complete permit application, including all items as required by Subsection B, the Building Inspector shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this article.
(2)
If the stormwater permit application, plan and maintenance agreement
are approved, or if an agreed upon payment of fees in lieu of stormwater
management practices is made, the Building Inspector shall issue the
permit.
(3)
If the stormwater permit application, plan or maintenance agreement
is disapproved, the Building Inspector shall detail in writing the
reasons for disapproval.
(4)
The Building Inspector may request additional information from the
applicant. If additional information is submitted, the Building Inspector
shall have 20 business days from the date the additional information
is received to inform the applicant that the plan and maintenance
agreement are either approved or disapproved.
(5)
Failure by the Building Inspector to inform the permit applicant
of a decision within 20 business days of a required submittal shall
be deemed to mean approval of the submittal, and the applicant may
proceed as if a permit had been issued.
D.
Permit requirements. All permits issued under this article shall be subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions. The Building Inspector may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Building Inspector to suspend or revoke this permit may be appealed in accordance with § 425-37:
(1)
Compliance with this permit does not relieve the responsible party
of the responsibility to comply with other applicable federal, state
and local laws and regulations.
(2)
The responsible party shall design and install all structural and
nonstructural stormwater management measures in accordance with the
approved stormwater management plan and this permit.
(3)
The responsible party shall notify the Building Inspector at least 10 business days before commencing any work in conjunction with the stormwater management plan, and within 10 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 Building Inspector so that practice installation can be inspected during construction.
(4)
Practice installations required as part of this article shall be
certified "as built" by a licensed professional engineer. Completed
stormwater management practices must pass a final inspection by the
Building Inspector or his/her designee to determine if they are in
accordance with the approved stormwater management plan and this article.
The Building Inspector or his/her designee shall notify the responsible
party in writing of any changes required in such practices to bring
them into compliance with the conditions of this permit.
(5)
The responsible party shall notify the Building Inspector of any
significant modifications it intends to make to an approved stormwater
management plan. The Building Inspector 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 Board or are transferred
to subsequent private owners as specified in the approved maintenance
agreement.
(7)
The responsible party authorizes the Building Inspector 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 Subch. VII of Chapter 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 425-34.
(8)
If so directed by the Building Inspector, the responsible party shall
repair at the responsible party's own expense all damage to adjoining
municipal facilities and drainageways caused by runoff, where such
damage is caused by activities that are not in compliance with the
approved stormwater management plan.
(9)
The responsible party shall permit property access to the Building
Inspector or his/her designee for the purpose of inspecting the property
for compliance with the approved stormwater management plan and this
permit.
(10)
Where site development or redevelopment involves changes in
direction or increases in peak rate and/or total volume of runoff
from a site, the Building Inspector 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 responsible party is subject to the enforcement actions and penalties detailed in § 425-36, if the responsible party fails to comply with the terms of this permit.
(12)
The permit applicant shall post the "certificate of permit coverage"
in a conspicuous location at the construction site.
F.
Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the Building Inspector notifies the responsible party that all stormwater management practices have passed the final inspection required under Subsection D(4).
G.
Alternate requirements. The Building Inspector may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 425-30E or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.
A.
Plan requirements. The stormwater management plan required under § 425-32B shall comply with the Building Inspector's Stormwater Reference Guide and contain at a minimum the following information:
(1)
Name, address and telephone number of the landowner and responsible
parties.
(2)
A legal description of the property proposed to be developed.
(3)
Predevelopment site map with property lines, disturbed limits, and
drainage patterns.
(4)
Post-development site map with property lines, disturbed limits,
and drainage patterns:
(a)
Total area of disturbed impervious surfaces within the site.
(b)
Total area of new impervious surfaces within the site.
(c)
Performance standards applicable to the site.
(d)
Proposed best management practices.
(e)
Groundwater, bedrock and soil limitations.
(f)
Separation distances. Stormwater management practices shall
be adequately separated from wells to prevent contamination of drinking
water.
B.
Alternate requirements. The Building Inspector may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 425-30E or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.
A.
Maintenance agreement required. The maintenance agreement required under § 425-31B for stormwater management practices shall be an agreement between the Building Inspector and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.
B.
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 425-31B:
(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 § 425-31B.
(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 § 425-31B.
(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 B(2).
(5)
Authorization for the Building Inspector to access the property to
conduct inspections of stormwater management practices as necessary
to ascertain that the practices are being maintained and operated
in accordance with the agreement.
(6)
A requirement on the Building Inspector to maintain public records
of the results of the site inspections, to inform the responsible
party responsible for maintenance of the inspection results, and to
specifically indicate any corrective actions required to bring the
stormwater management practice into proper working condition.
(7)
Agreement that the party designated under Subsection B(3) as responsible for long-term maintenance of the stormwater management practices shall be notified by the Building Inspector of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Building Inspector.
(8)
Authorization of the Building Inspector to perform the corrective actions identified in the inspection report if the responsible party designated under Subsection B(3) does not make the required corrections in the specified time period. The Building Inspector shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subch. VII of Ch. 66, Wis. Stats.
C.
Alternate requirements. The Building Inspector may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 425-30E or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.
A.
Establishment of the guarantee. The Building Inspector may require
the submittal of a financial guarantee, the form and type of which
shall be acceptable to the Building Inspector. The financial guarantee
shall be in an amount determined by the Building Inspector to be the
estimated cost of construction and the estimated cost of maintenance
of the stormwater management practices during the period which the
designated party in the maintenance agreement has maintenance responsibility.
The financial guarantee shall give the Building Inspector the authorization
to use the funds to complete the stormwater management practices if
the responsible party defaults or does not properly implement the
approved stormwater management plan, upon written notice to the responsible
party by the Building Inspector 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 Building Inspector shall release the portion of the financial
guarantee established under this section, less any costs incurred
by the Building Inspector to complete installation of practices, upon
submission of as-built plans by a licensed professional engineer.
The Building Inspector may make provisions for a partial pro-rata
release of the financial guarantee based on the completion of various
development stages.
(2)
The Building Inspector shall release the portion of the financial
guarantee established under this section to assure maintenance of
stormwater practices, less any costs incurred by the Building Inspector,
at such time that the responsibility for practice maintenance is passed
on to another entity via an approved maintenance agreement.
C.
Alternate requirements. The Building Inspector may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 425-30E or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.
The fees referred to in other sections of this article 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 Administrator's office.
A.
Any land-disturbing construction activity or post-construction runoff
initiated after the original effective date of this article by any
person, firm, association or corporation subject to this article's
provisions shall be deemed a violation unless conducted in accordance
with the requirements of this article.
B.
The Building Inspector shall notify the responsible party by certified
mail of any noncomplying land-disturbing construction 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.
C.
Upon receipt of written notification from the Building Inspector under Subsection B, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Building Inspector in the notice.
D.
If the violations of a permit issued pursuant to this article are
likely to result in damage to properties, public facilities, or waters
of the state, the Building Inspector may enter the land and take emergency
actions necessary to prevent such damage. The costs incurred by the
Building Inspector plus interest and legal costs shall be billed to
the responsible party.
E.
The Building Inspector is authorized to post a stop-work order on
all land-disturbing construction activity that is in violation of
this article, or to request the Village Attorney to obtain a cease
and desist order in any court with jurisdiction.
F.
The Building Inspector may revoke a permit issued under this article
for noncompliance with ordinance provisions.
G.
Any permit revocation, stop-work order, or cease and desist order
shall remain in effect unless retracted by the Building Inspector
or by a court with jurisdiction.
H.
The Building Inspector 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 Village Attorney for the commencement
of further legal proceedings in any court with jurisdiction.
I.
Any person, firm, association or corporation who does not comply
with the provisions of this article shall be subject to a forfeiture
of not less than $25 or more than $500 per offense, together with
the costs of prosecution. Each day that the violation exists shall
constitute a separate offense.
J.
Compliance with the provisions of this article may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease and desist order before resorting
to injunctional proceedings.
K.
When the Building Inspector determines that the holder of a permit issued pursuant to this article has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the Building Inspector or a party designated by the Building Inspector 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 Building Inspector 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 § 425-34. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon.
A.
Board of Appeals. The Board of Appeals created pursuant to § 14-2 of this Code, pursuant to § 61.354(4)(b), Wis. Stats., shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Building Inspector in administering this article. The Board of Appeals shall also use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals. Upon appeal, the Board of Appeals may authorize variances from the provisions of this article that are not contrary to the public interest and where, owing to special conditions, a literal enforcement of this article will result in unnecessary hardship.
B.
Who may appeal. Appeals to the Board of Appeals may be taken by any
aggrieved person or by an officer, department, board or bureau of
the Village of Kimberly affected by any decision of the Building Inspector.
C.
Court action. This section does not apply to determinations made
regarding this article in either Municipal Court or Circuit Court.
In such circumstances, the appeal procedure shall be that set forth
for appealing Municipal Court decisions and/or Circuit Court decisions,
as applicable.
Nothing in this article creates or imposes, nor shall be construed
to create or impose, any greater obligation or responsibility on the
Village which has adopted this article than those minimum requirements
specifically required by the Wisconsin State Statutes and Wisconsin
Department of Natural Resources regulations.
