[Amended 7-12-2010]
The Village Board of the Village of Rothschild 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
erosion and post-construction runoff can:
A.
Degrade physical stream, lake, and river habitat by increasing bank
erosion, increasing streambed, lake bed, and riverbed scour, diminishing
groundwater recharge, diminishing stream base flows and increasing
water temperatures.
B.
Diminish the capacity of lakes, streams, and rivers 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.
The intent of this article is to reduce the amount of erosion
and post-construction stormwater and associated pollutants reaching
waters of the state. Use of this article by municipalities will foster
the consistent statewide application of post-construction performance
standards for new development and redevelopment contained in Subchapters
III and IV of Ch. NR 151, Wis. Adm. Code.
A.
Authority.
(1)
This article is adopted by the Village Board under the authority
granted by § 61.354, Wis. Stats. This article supersedes
all provisions of an ordinance previously enacted under § 61.35,
Wis. Stats., that relate to stormwater management regulations. Except
as otherwise specified in § 61.354, Wis. Stats., § 61.35,
Wis. Stats., applies to this article and to any amendments to this
article.
(2)
The provisions of this article are deemed not to limit any other
lawful regulatory powers of the Village.
(3)
The Village of Rothschild Board hereby designates the Administrator
of Public Works, or his designee, to administer and enforce the provisions
of this article.
(4)
The requirements of this article do not preempt more stringent stormwater
management requirements that may be imposed by any of the following:
(a)
Wisconsin Department of Natural Resources administrative rules,
permits or approvals, including those authorized under §§ 281.16
and 283.33, Wis. Stats.
(b)
Targeted nonagricultural performance standards promulgated in
rules by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
B.
Purpose and intent.
(1)
Purpose. The general purpose of this article is to establish site
construction erosion control and 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:
(a)
Further the maintenance of safe and healthful conditions.
(b)
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.
(c)
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.
(2)
Intent. It is the intent of the Village of Rothschild Board that
this article regulate post-construction stormwater discharges to waters
of the state. This article may be applied on a site-by-site basis.
The Village of Rothschild 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 after final stabilization to a site of land disturbing construction activity meeting any of the criteria stated by the Wisconsin Department of Natural Resources under § NR 151.11(3), Wis. Adm. Code, in this subsection, unless the site is otherwise exempt pursuant to Subsection A(2):
(a)
A post-development construction site that had one or more acres
of land disturbing construction activity after the effective date
of this article.
(2)
A site that meets any of the criteria stated by the Wisconsin Department
of Natural Resources under § NR 151.11(3), Wis. Adm. Code,
is exempt from the requirements of this article:
(a)
A redevelopment post-construction site with no increase in exposed
parking lots or roads.
(b)
A post-construction site with less than 10% connected imperviousness
based on complete development of the post-construction site, provided
that the cumulative area of all parking lots and rooftops is less
than one acre.
(c)
Nonpoint discharges from agricultural facilities and practices.
(d)
Nonpoint discharges from silviculture activities.
(e)
Routine maintenance for project sites under five acres of land
disturbance if performed to maintain the original line and grade,
hydraulic capacity or original purpose of the facility.
(f)
Underground utility construction, such as water, sewer and fiber
optic lines. This exemption does not apply to the construction of
any aboveground structures associated with utility construction.
(3)
Notwithstanding the applicability requirements in Subsection A(1), this article applies to disturbed and post-construction sites of any size that, in the opinion of the Administrator of Public Works, or the designee, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
B.
Jurisdiction. This article applies to post-construction sites within
the boundaries and jurisdiction of the Village of Rothschild and to
all lands within the extraterritorial plat approval jurisdiction of
the Village of Rothschild.
C.
Exclusions. This article is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.
As used in this article, the following terms shall have the
meanings indicated:
The Administrator of Public Works of the Zoning Committee
and/or the Village Board empowered under § 61.354, Wis.
Stats., that is designated by the Village of Rothschild Board to administer
this article.
Has the meaning given in § 281.16, Wis. Stats.
A calendar year of precipitation, excluding snow, which is
considered typical.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or pollutants carried
in runoff to waters of the state.
A day the office of the Administrator of Public Works, or
the designee, is routinely and customarily open for business.
A court-issued order to halt land disturbing construction
activity that is being conducted without the required permit.
A system for conveying both sanitary sewage and stormwater
runoff.
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
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 where multiple separate and distinct land
disturbing construction activities may be taking place at different
times under different schedules but under one master plan.
A hypothetical discrete rain storm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
Residential, commercial, industrial or institutional land
uses and associated roads.
The creation division of a lot, parcel or tract of land by
the owner thereof or the owner's agent for the purpose of sale or
of building development, where:
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.
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
Waters listed in § NR 102.11, Wis. Adm. Code.
The unincorporated area within 1.5 miles of the corporate
limits of the 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 Administrator
of Public Works, or the designee, by the responsible party to assure
that requirements of this article are carried out in compliance with
the stormwater management plan.
The Village Board of Trustees or Village Board.
An area that releases as runoff all or a large portion of
the precipitation that falls on it, except for frozen soil. Rooftops,
sidewalks, driveways, parking lots and streets are examples of areas
that typically are impervious.
An undeveloped area of land located within existing development.
The entry of precipitation or runoff into or through the
soil.
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices such as swales or roadside channels designed for conveyance
and pollutant removal only.
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater,
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. "Land disturbing
construction activity" includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
A legal document that provides for long-term maintenance
of stormwater management practices.
A level of implementing best management practices in order
to achieve a performance standard specified in this 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.
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
Located outside the property boundary described in the permit
application.
Located within the property boundary described in the permit
application.
Has the meaning given in § 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.
A written authorization made by the Administrator of Public
Works, or the designee, 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 Village by the permit applicant
for the purpose of recouping the expenses incurred by the Village
in administering the permit.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
A construction site following the completion of land disturbing
construction activity and final site stabilization.
The extent and distribution of land cover types present before
the initiation of land disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
Has the meaning given in § NR 140.05(17), Wis.
Adm. Code.
See § 590-51C(4).[1]
Areas where development is replacing older development.
Any entity holding fee title to the property or other person
contracted or obligated by other agreement to implement and maintain
post-construction stormwater BMPs.
Stormwater or precipitation, including rain, snow or ice
melt or similar water, that moves on the land surface via sheet or
channelized flow.
Settleable solid material that is transported by runoff,
suspended within runoff or deposited by runoff away from its original
location.
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 Administrator of Public Works, or
the designee, which requires that all construction activity on the
site be stopped.
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has undergone final stabilization
following completion of the construction activity.
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
An edge, or point on the landscape, landward from the ordinary
high-water mark of a surface water of the state where the slope of
the land begins to be less than 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the initial
50 feet landward from the ordinary high-water mark, the top of the
channel is the ordinary high-water mark.
The United States Department of Agriculture, Natural Resources
Conservation Service (previously Soil Conservation Service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986.
A rainfall type curve as established in the United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published 1973. The Type II curve is applicable to all of Wisconsin
and represents the most intense storm pattern.
The meaning given in § 281.01(18), Wis. Stats.
A.
Responsible party. The responsible party shall implement an erosion and sediment control plan developed in accordance with § 590-49 that incorporates the requirements of this section.
B.
Plan. A written plan shall be developed in accordance with § 590-49A and implemented for each construction site.
C.
Requirements. The plan required under Subsection B shall include requirements in accordance with § NR 151.11(6), Wis. Adm. Code.
D.
Location. The BMPs used to comply with this section shall be located
prior to runoff entering waters of the state.
E.
Alternate requirements. The Administrator of Public Works, or the
designee, may establish erosion control requirements more stringent
than those set forth in this section if the Administrator of Public
Works, or the designee, determines that an added level of protection
is needed for sensitive resources.
A.
Permit required. No responsible party may commence a land disturbing
construction activity subject to this article without receiving prior
approval of an erosion and sediment control plan for the site and
a permit from the Administrator of Public Works.
B.
Permit application and fee. At least one responsible party desiring to undertake a land disturbing construction activity subject to this article shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 590-47 to the Administrator of Public Works and associated fee to the Village. By submitting an application, the applicant is authorizing the Administrator of Public Works, or the designee, to enter the site to obtain information required for the review of the erosion and sediment control plan.
C.
Review and approval of permit application. The Administrator of Public
Works shall review any permit application that is submitted with an
erosion and sediment control plan and the required fee. The following
approval procedure shall be used:
(1)
Within 20 business days of the receipt of a complete permit application, as required by Subsection B, the Administrator of Public Works shall inform the applicant whether the application and plan are approved based on the requirements of this article.
(2)
If the permit application and plan are approved, the Administrator
of Public Works shall issue the permit.
(3)
If the permit application or plan is disapproved, the Administrator
of Public Works shall state in writing the reasons for disapproval.
(4)
The Administrator of Public Works, or the designee, may request additional
information from the applicant. If additional information is submitted,
the Administrator of Public Works shall have 20 business days from
the date the additional information is received to inform the applicant
that the plan is either approved or disapproved.
(5)
Failure by the Administrator of Public Works to inform the permit
applicant of a decision within 20 business days of a required submittal
shall be deemed to mean disapproval of the submittal, and the applicant
may not proceed as if a permit had been issued.
D.
Surety bond. As a condition of approval and issuance of the permit,
the Administrator of Public Works may require the applicant to deposit
a surety bond or irrevocable letter of credit to guarantee a good
faith execution of the approved erosion control plan and any permit
conditions.
E.
Permit requirements. All permits shall require the responsible party
to:
(1)
Notify the Administrator of Public Works, or the designee, within
48 hours of commencing any land disturbing construction activity.
(2)
Notify the Administrator of Public Works, or the designee, of completion
of any BMPs within 10 days after installation.
(4)
Install all BMPs as identified in the approved erosion and sediment
control plan.
(5)
Maintain all road drainage systems, stormwater drainage systems,
BMPs and other facilities identified in the erosion and sediment control
plan.
(6)
Repair any siltation or erosion damage to adjoining surfaces and
drainageways resulting from land disturbing construction activities
and document repairs in a site erosion control log.
(7)
Inspect the BMPs within 24 hours after each rainfall event of 0.5
inch or more which results in runoff during active construction periods
and at least once each week and 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.
(8)
Allow the Administrator of Public Works, or the designee, to enter
the site for the purpose of inspecting compliance with the erosion
and sediment control plan or for performing any work necessary to
bring the site into compliance with the control plan and keep a copy
of the approved erosion and sediment control plan at the construction
site.
G.
Permit duration. Permits issued under this section shall be valid
for a period of 180 days or the length of the building permit or other
construction authorizations, whichever is longer, from the date of
issuance. The Administrator of Public Works may extend the period
one or more times for up to an additional 180 days. The Administrator
of Public Works may require additional BMPs as a condition of the
extension if they are necessary to meet the requirements of this article.
H.
Maintenance. The responsible party throughout the duration of the
construction activities shall maintain all BMPs necessary to meet
the requirements of this article until the site has undergone final
stabilization.
A.
Preparation and contents of erosion and sediment control plan.
(1)
An erosion and sediment control plan shall be prepared and submitted
to the Administrator of Public Works.
(2)
The erosion and sediment control plan shall be designed to meet the performance standards in § 590-47 and other requirements of this article.
(3)
The erosion and sediment control plan shall address pollution caused
by soil erosion and sedimentation during construction and up to final
stabilization of the site. The erosion and sediment control plan shall
include, at a minimum, the following items:
(a)
The name(s) and address(es) of the owner or developer of the
site and of any consulting firm retained by the applicant, together
with the name of the applicant's principal contact at such firm. The
application shall also include start and end dates for construction.
(b)
Description of the site and the nature of the construction activity,
including representation of the limits of land disturbance on a United
States Geological Service 7.5 minute series topographic map.
(c)
A sequence of construction of the development site, including
stripping and clearing, rough grading, and construction of utilities,
infrastructure, and buildings, including final grading and landscaping.
Sequencing shall identify the expected date on which clearing will
begin, the estimated duration of exposure of cleared areas, areas
of clearing, installation of temporary erosion and sediment control
measures, and establishment of permanent vegetation.
(d)
Estimates of the total area of the site and the total area of
the site that is expected to be disturbed by construction activities.
(e)
Existing data describing the surface soil as well as subsoils.
(f)
Name of the immediate named receiving water from the United
States Geological Service 7.5 minute series topographic maps.
(4)
The erosion and sediment control plan shall include a site map. The
site map shall include the following items and shall be at a scale
no greater than 100 feet per inch and at a contour interval not to
exceed two feet:
(a)
Existing topography, vegetative cover, natural and engineered
drainage systems, roads and surface waters. Lakes, streams, wetlands,
channels, ditches and other watercourses on and immediately adjacent
to the site shall be shown. Any identified one-hundred-year floodplains,
flood-fringes and floodways shall also be shown.
(b)
Boundaries of the construction site.
(c)
Drainage patterns and approximate slopes anticipated after major
grading activities.
(d)
Areas of soil disturbance.
(e)
Location of major structural and nonstructural controls identified
in the plan.
(f)
Location of areas where stabilization practices will be employed.
(g)
Areas which will be vegetated following construction.
(h)
Areal extent of wetland acreage on the site and locations where
stormwater is discharged to a surface water or wetland.
(5)
Each erosion and sediment control plan shall include a description
of appropriate controls and measures that will be performed at the
site to prevent pollutants from reaching waters of the state. The
plan shall clearly describe the appropriate control measures for each
major activity and the timing during the construction process that
the measures will be implemented. The description of erosion controls
shall include, when appropriate, the following minimum requirements:
(a)
Description of interim and permanent stabilization practices,
including a practice implementation schedule. Site plans shall ensure
that existing vegetation is preserved where attainable and that disturbed
portions of the site are stabilized.
(b)
Description of structural practices to divert flow away from
exposed soils, store flows or otherwise limit runoff and the discharge
of pollutants from the site. Unless otherwise specifically approved
in writing by the Administrator of Public Works, structural measures
shall be installed on upland soils.
(c)
Management of overland flow at all sites, unless otherwise controlled
by outfall controls.
(d)
Trapping of sediment in channelized flow.
(e)
Staging construction to limit bare areas subject to erosion.
(f)
Protection of downslope drainage inlets where they occur.
(g)
Minimization of tracking at all sites.
(h)
Cleanup of off-site sediment deposits.
(i)
Proper disposal of building and waste materials at all sites.
(j)
Stabilization of drainageways.
(k)
Control of soil erosion from dirt stockpiles.
(l)
Installation of permanent stabilization practices as soon as
possible after final grading.
(m)
Minimization of dust to the maximum extent practicable.
(6)
The erosion and sediment control plan shall require that velocity
dissipation devices be placed at discharge locations and along the
length of any outfall channel, as necessary, to provide a nonerosive
flow from the structure to a watercourse so that the natural physical
and biological characteristics and functions are maintained and protected.
B.
Erosion and sediment control plan statement. For each construction site identified under § 590-45A(3), an erosion and sediment control plan statement shall be prepared and submitted to the Administrator of Public Works. The control plan statement shall briefly describe the site, including a site map. Further, it shall also include the best management practices that will be used to meet the requirements of this article, including the site development schedule.
C.
Amendments. The applicant shall amend the plan if any of the following
occur:
(1)
There is a change in design, construction, operation or maintenance
at the site which has the reasonable potential for the discharge of
pollutants to waters of the state and which has not otherwise been
addressed in the plan.
(2)
The actions required by the plan fail to reduce the impacts of pollutants
carried by construction site runoff.
(3)
The Administrator of Public Works, or the designee, notifies the
applicant of changes needed in the plan.
The following methods shall be used in designing the water quality,
peak flow shaving and infiltration components of stormwater practices
needed to meet the water quality standards of this article:
A.
Technical standards approved by the Wisconsin Department of Natural
Resources under Subchapter V of Ch. NR 151, Wis. Adm. Code.
B.
Where technical standards have not been identified or developed by
the Wisconsin Department of Natural Resources, other technical standards
may be used provided that the methods have been approved by the Administrator
of Public Works or the designee.
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). Average annual basis is calculated using the rainfall
or runoff factor (R factor) or equivalent design storm using a Type
II distribution with consideration given to the geographic location
of the site and the period of disturbance.
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 shall be developed and
implemented for each post-construction site.
C.
Requirements. The plan required under Subsection B shall include the following:
(1)
Total suspended solids. BMPs shall be designed, installed and maintained
to control total suspended solids carried in runoff from the 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. No
responsible party/person shall be required to exceed an eighty-percent
total suspended solids reduction to meet the requirements of this
subsection.
(b)
For redevelopment, by design, reduce 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. No responsible
party/person shall be required to exceed a forty-percent total suspended
solids reduction to meet the requirements of this subsection.
(c)
For infill development less than five acres that occurs within
10 years after October 1, 2002, by design, reduce to the maximum extent
practicable the total suspended solids load by 40%, based on an average
annual rainfall, as compared to no runoff management controls. No
responsible party/person shall be required to exceed a forty-percent
total suspended solids reduction to meet the requirements of this
subsection.
(d)
For infill development that occurs 10 or more years after October
1, 2002, by design, reduce to the maximum extent practicable the total
suspended solids load by 80%, based on an average annual rainfall,
as compared to no runoff management controls. No responsible party/person
shall be required to exceed an eighty-percent total suspended solids
reduction to meet the requirements of this subsection.
(e)
Notwithstanding Subsection C(1)(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.
(2)
Peak discharge.
(a)
By design, BMPs shall be employed to maintain or reduce the
peak runoff discharge rates, to the maximum extent practicable, as
compared to predevelopment, conditionally the two-, ten- and one-hundred-year,
twenty-four-hour design storm applicable to the post-construction
site. 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
| |
(b)
Subsection C(2)(a) does not apply to any of the following:
[1]
A post-construction site where the change in hydrology due to
development does not increase the existing surface water elevation
at any point within the downstream receiving water by more than 0.01
foot for the two-year, twenty-four-hour storm event.
[2]
A redevelopment post-construction site.
[3]
An infill development area less than five acres.
(c)
The responsible party will demonstrate that the storm conveyance
system must contain the two-year and ten-year peak flow rates. Additionally,
the responsible party must demonstrate the safe conveyance of the
one-hundred-year peak flow rate.
(3)
Infiltration. BMPs shall be designed, installed, and maintained to infiltrate runoff to the maximum extent practicable in accordance with the following, except as provided in Subsection C(3)(e) through (h) below:
(a)
For residential developments 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 development, 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.
(d)
Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection C(3)(h). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(e)
Exclusions. The runoff from the following areas is not required
from meeting the requirements of this section:
[1]
Areas associated with Tier 1 industrial facilities identified
in § NR 216.21(2)(a), Wis. Adm. Code, including storage,
loading, rooftop and parking.
[2]
Storage and loading areas of Tier 2 industrial facilities identified
in § NR 216.21(2)(b), Wis. Adm. Code.
[3]
Fueling and vehicle maintenance areas.
[4]
Areas within 1,000 feet upgradient or within 100 feet downgradient
of karst features.
[5]
Areas with less than three feet separation distance from the
bottom of the infiltration system to the elevation of seasonal high
groundwater or the top of bedrock, except that this subsection. does
not prohibit infiltration of roof runoff.
[6]
Areas with runoff from industrial, commercial and institutional
parking lots and roads and residential arterial roads with less than
five feet separation distance from the bottom of the infiltration
system to the elevation of seasonal high groundwater or the top of
bedrock.
[7]
Areas within 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 does not prohibit infiltration of roof
runoff.
(f)
Exemptions. The following are not required to meet the requirements
of this section:
[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 post-construction sites.
[4]
Infill development areas less than five acres.
[5]
Infiltration areas during periods when the soil on the site
is frozen.
[6]
Roads in commercial, industrial and institutional land uses
and arterial residential roads.
(g)
Where alternate uses of runoff are employed, such as for toilet
flushing, laundry or irrigation, such alternate use shall be given
equal credit toward the infiltration volume required by this subsection.
(h)
Compliance with preventive action limit.
[1]
Infiltration systems designed in accordance with this subsection
shall, to the extent technically and economically feasible, minimize
the level of pollutants infiltrating to groundwater and shall maintain
compliance with the preventive action limit at a point of standards
application in accordance with Ch. NR 140, Wis. Adm. Code. However,
if site-specific information indicates that compliance with a preventive
action limit is not achievable, the infiltration BMP may not be installed
or shall be modified to prevent infiltration to the maximum extent
practicable.
[2]
Notwithstanding Subsection C(3)(h)[1] above, 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. Wetland boundary delineations shall be made in accordance
with § NR 103.08(1m), Wis. Adm. Code. This subsection does
not apply to wetlands that have been completely filled in accordance
with all applicable state and federal regulations. The protective
area for wetlands that have been partially filled in accordance with
all applicable state and federal regulations shall be measured from
the wetland boundary delineation after fill has been placed.
[5]
For less susceptible wetlands, 10% of the average wetland width,
but no less than 10 feet nor more than 30 feet. Less susceptible wetlands
include degraded wetlands dominated by invasive species such as reed
canary grass.
[6]
In Subsection C(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)
This subsection applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection C(4)(d).
(c)
The following requirements shall be met:
[1]
Impervious surfaces shall be kept out of the protective area
to the maximum extent practicable. The stormwater management plan
shall contain a written site-specific explanation for any parts of
the protective area that are disturbed during construction.
[2]
Where land disturbing construction activity occurs within a
protective area, and where no impervious surface is present, adequate
sod or self-sustaining vegetative cover of 70% or greater shall be
established and maintained. The adequate sod or self-sustaining vegetative
cover shall be sufficient to provide for bank stability, maintenance
of fish habitat and filtering of pollutants from upslope overland
flow areas under sheet flow conditions. Nonvegetative materials, such
as rock riprap, may be employed on the bank as necessary to prevent
erosion, such as on steep slopes or where high-velocity flows occur.
[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)
Subsection C(4)(c) does not apply to:
[1]
Redevelopment post-construction sites.
[2]
Infill development areas less than five acres.
[3]
Structures that cross or access surface waters, such as boat
landings, bridges and culverts.
[4]
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.
[5]
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.
(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 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 Administrator of Public Works, or the designee,
may, consistent with water quality standards, require that 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.
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 infill areas
shall meet the post-construction performance standards in accordance
with this section.
(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)
The discharge of runoff from a BMP, such as a wet detention pond,
or after a series of such BMPs is subject to this section.
(7)
The Administrator of Public Works, or the designee, may approve off-site
management measures provided that all of the following conditions
are met:
(a)
The Administrator of Public Works, or the designee, determines
that the post-construction runoff is covered by a stormwater management
system plan that is approved by the Village of Rothschild 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 Administrator
of Public Works 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 Administrator of Public Works. In determining the fee for post-construction
runoff, the Administrator of Public Works shall consider an equitable
distribution of the cost for land, engineering design, construction,
and maintenance of the regional treatment option.
F.
Alternate requirements. The Administrator of Public Works may establish
stormwater management requirements more stringent than those set forth
in this section if the Administrator of Public Works or the designee
determines that an added level of protection is needed to protect
sensitive resources.
A.
Permit required. No responsible party may undertake a land disturbing
construction activity without receiving a post-construction runoff
permit from the Administrator of Public Works, or the designee, prior
to commencing the proposed activity.
B.
Permit application and fees. Unless specifically excluded by this
article, any responsible party desiring a permit shall submit to the
Administrator of Public Works, or the designee, a permit application
made on a form provided by the Administrator of Public Works, or the
designee, for that purpose.
(1)
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 as established by the
Village Board.
(2)
The stormwater management plan shall be prepared to meet the requirements of §§ 590-47 and 590-51, the maintenance agreement shall be prepared to meet the requirements of § 590-54, the financial guarantee shall meet the requirements of § 590-55, and fees shall be those established by the Village of Rothschild Board as set forth in § 590-56.
C.
Review and approval of permit application. The Administrator of Public
Works, or the designee, 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 Administrator of Public Works, or the designee, 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 Administrator of Public Works shall
issue the permit.
(3)
If the stormwater permit application, plan or maintenance agreement
is disapproved, the Administrator of Public Works shall detail in
writing the reasons for disapproval.
(4)
The Administrator of Public Works may request additional information
from the applicant. If additional information is submitted, the Administrator
of Public Works 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 Administrator of Public Works, or the designee, to
inform the permit applicant of a decision within 20 business days
of a required submittal shall be deemed to mean disapproval of the
submittal and the applicant may not proceed.
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 Administrator of Public Works, or the designee, may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Administrator of Public Works, or the designee, to suspend or revoke this permit may be appealed in accordance with Article XVI of this chapter.[1]
(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 Administrator of Public Works, or the designee, at least 15 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 Administrator of Public Works, or the designee, so that practice installations 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
Administrator of Public Works, or the designee, or its designee, to
determine if they are in accordance with the approved stormwater management
plan and this article. The Administrator of Public Works, or the designee,
or its designee, shall notify the responsible party in writing of
any changes required in such practices to bring them into compliance
with the conditions of this permit.
(5)
The responsible party shall notify the Administrator of Public Works,
or the designee, of any significant modifications it intends to make
to an approved stormwater management plan. The Administrator of Public
Works, or the designee, may require that the proposed modifications
be submitted to him 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 of Rothschild or are
transferred to subsequent private owners as specified in the approved
maintenance agreement.
(7)
The responsible party authorizes the Administrator of Public Works, or the designee, to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan and consents to a special assessment or charge against the property as authorized under Subchapter VII of Ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 590-55.
(8)
If so directed by the Administrator of Public Works, or the designee,
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 Administrator
of Public Works, or the designee, or its designee, for the purpose
of inspecting the property for compliance with the approved stormwater
management plan and this permit.
(10)
Where site development or redevelopment involves changes in
direction or increases in peak rate and/or total volume of runoff
from a site, the Administrator of Public Works, or the designee, may
require the responsible party to make appropriate legal arrangements
with affected property owners concerning the prevention of endangerment
to property or public safety.
F.
Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the Administrator of Public Works, or the designee, notifies the responsible party that all stormwater management practices have passed the final inspection required under Subsection D(4).
A.
Plan requirements. The stormwater management plan required shall
contain at a minimum the following information:
(1)
Name, address, telephone number, fax number, and e-mail address 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
20 feet and not greater than one inch equals 60 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 10 feet (although may require greater depending on gradient
and location); topography and drainage network, including enough of
the contiguous properties to show runoff patterns onto, through, and
from the site; watercourses that may affect or be affected by runoff
from the site; flow path and direction for all stormwater conveyance
sections; watershed boundaries used in hydrology determinations to
show compliance with performance standards; lakes, streams, wetlands,
channels, ditches, and other watercourses on and immediately adjacent
to the site; limits of the one-hundred-year floodplain; and location
of wells and wellhead protection areas covering the project area and
delineated pursuant to § NR 811.16, Wis. Adm. Code.
(b)
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. All major assumptions used
in developing input parameters shall be clearly stated. The geographic
areas used in making the calculations shall be clearly cross-referenced
to the required map(s).
(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
20 feet and not greater than one inch equals 60 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 one inch equals 20 feet and not greater than
one inch equals 60 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 and pollutant loading calculations; and any changes
to lakes, streams, rivers, wetlands, channels, ditches, and other
watercourses on and immediately adjacent to the site.
(d)
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. The computations shall be made
for each discharge point in the development, and the geographic areas
used in making the calculations shall be clearly cross-referenced
to the required map(s).
(e)
Results of investigations of soils and groundwater required
for the placement and design of stormwater management measures and
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 § 590-51.
(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 Administrator of Public
Works, or the designee, 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 practices and the requirements
of this article.
A.
Maintenance agreement required. The maintenance agreement required under § 590-53 for stormwater management practices shall be an agreement between the Village of Rothschild 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 Marathon 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 by the responsible party/owner and a copy forwarded to the Village.
B.
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 590-53A(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 § 590-52B.
(3)
Identification of the responsible party(ies), organization or city, county, town or village responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan required under § 590-52B.
(4)
Requirement that the responsible party(ies), organization, or city, county, town or village shall maintain stormwater management practices in accordance with the schedule included in Subsection B(2).
(5)
Authorization for the Administrator of Public Works, or the designee,
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 Administrator of Public Works, or the designee,
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 Administrator of Public Works, or the designee, of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Administrator of Public Works or the designee.
(8)
Authorization for the Administrator of Public Works, or the designee, 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 Administrator of Public Works, or the designee, shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subchapter VII of Ch. 66, Wis. Stats.
A.
Establishment of the guarantee. The Administrator of Public Works
may require the submittal of a financial guarantee, the form and type
of which shall be acceptable to the Administrator of Public Works.
The financial guarantee shall be in an amount determined by the Administrator
of Public Works to be the estimated cost of construction and the estimated
cost of maintenance of the stormwater management practices, plus 10%,
during the period which the designated party in the maintenance agreement
has maintenance responsibility, unless otherwise agreed upon by both
parties. The financial guarantee shall give the Administrator of Public
Works 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 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 Administrator of Public Works shall release the portion of the
financial guarantee established under this section, less any costs
incurred by the Administrator of Public Works, or the designee, to
complete installation of practices, upon submission of as-built plans
by a licensed professional engineer. The Administrator of Public Works
may make provisions for a partial pro rata release of the financial
guarantee based on the completion of various development stages.
(2)
The Administrator of Public Works shall release the portion of the
financial guarantee established under this section to assure maintenance
of stormwater practices, less any costs incurred by the Administrator
of Public Works, at such time that the responsibility for practice
maintenance is passed on to another entity via an approved maintenance
agreement.
The fees referred to in other sections of this 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 Clerk's office.
A.
Any land disturbing construction activity or post-construction runoff
initiated after the effective date of this article by any person,
firm, association, or corporation subject to the provisions of this
article shall be deemed a violation unless conducted in accordance
with the requirements of this article.
B.
The Administrator of Public Works 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 Administrator of Public Works 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 Administrator of Public Works in the notice.
D.
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 Administrator of Public Works, or the designee,
or the designee's designee, may enter the land and take emergency
actions necessary to prevent such damage. The costs incurred by the
Administrator of Public Works, or the designee, plus interest and
legal costs shall be billed to the responsible party.
E.
The Administrator of Public Works, or the designee, 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 Administrator of Public Works, or the designee, may revoke a
permit issued under this article for noncompliance with the provisions
of this article.
G.
Any permit revocation, stop-work order, or cease and desist order
shall remain in effect unless retracted by the Administrator of Public
Works or by a court with jurisdiction.
H.
The Administrator of Public Works, or the designee, 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 or which does not
comply with the provisions of this article shall be subject to a forfeiture
of not less than $10 or more than $500 for the first offense and not
less than $50 or more than $500 for the second 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 Administrator of Public Works, or the designee, 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 Administrator of Public Works, or the designee, or a party designated by the Administrator of Public Works, or the designee, 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 Administrator of Public Works, or the designee, 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 § 590-55 of this article. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.
