A.
Applicability. The regulations of this article apply to all development
in New Berlin subject to this chapter. No person shall develop any
land located within the jurisdictional limits of this chapter without
compliance with the purpose and intent and all requirements of this
article.
B.
Purpose and intent. The purpose of this article is to regulate and
control the development of land in New Berlin in order to promote
the public health, safety, prosperity, aesthetics, and general welfare
of the City. It is the specific intent of this chapter to regulate
the development of land so as to:
(1)
Implement the New Berlin Comprehensive Plan;
(2)
Encourage the wise use, conservation, protection, and proper development
of the City's natural resources and provide for the proper land use
and development to the supporting and sustaining natural resource
base;
(3)
Lessen congestion in the streets and highways;
(4)
Provide adequate and orderly parking facilities where required by
the public;
(5)
Secure safety from fire, panic, and other dangers;
(6)
Provide adequate protection from detrimental operational conditions;
(7)
Provide for the development of adequate densities in appropriate
areas of the City;
(8)
Provide direction for approved development relative to protection
of natural resources, parking and loading facilities, landscaping
and buffering, exterior lighting, and signs;
(9)
Preserve natural vegetation and cover and promote the natural beauty
of the City.
C.
Waivers/modifications.
(1)
The Plan Commission may waive or modify any or all of the other requirements
of this article if it determines that:
(a)
The site or activity in question will have no appreciable off-site
impact;
(b)
Compliance with the requirement(s) is impractical or impossible
due to site conditions or other circumstances beyond the control of
the applicant; or
(c)
The specific requirement is not necessary for a particular site
to ensure compliance with the requirements of this chapter.
(2)
Any property for which a waiver from the requirements of this chapter
is granted shall comply with all other requirements of this chapter.
(3)
The Development Handbook is the City of New Berlin's Infrastructure
and Design Standards. This document is approved by the Board of Public
Works and sets forth the policies for both public and private infrastructure
and construction standards. Any waivers or modifications to this document
shall be incorporated as part of a DCD application and approved by
the DCD and/or the Plan Commission/Community Development Authority.
[Added 10-11-2016 by Ord.
No. 2576]
A.
Applicability. This section sets forth review principles and standards to guide the Plan Commission and staff in the review of all development requiring a site plan pursuant to § 275-24, Zoning permits, except where permits are considered to be redevelopment.. For redevelopment, as defined in the definition section of this Zoning Code,[1] the application shall follow the criteria listed in § 275-53C below. Uses requiring a site plan shall conform to the principles and standards of this section in addition to complying with all development standards set forth in this Article VIII.
[1]
Editor's Note: See Art. XI, Definitions.
B.
Review principles and standards. The Plan Commission shall approve
site plans only after determining that:
(1)
The site plan is consistent with the purposes and requirements of
this chapter, including these general development regulations.
(2)
The site plan is consistent with the goals, objectives, principles,
standards, policies, and urban design criteria set forth in the New
Berlin Comprehensive Plan.
(3)
No land shall be used or structure erected where the land is unsuitable
for such use or structure by reason of flooding, concentrated runoff,
inadequate drainage, adverse soil or rock formation, unfavorable topography,
or low bearing strength of underlying soil, erosion susceptibility
of underlying soil, or any other feature likely to be harmful to the
health, safety, prosperity, aesthetics, and general welfare of this
community.
(4)
No zoning permit or building permit shall be issued for a lot that
does not abut a fully dedicated and improved public street.
(5)
There is a proper relationship between the existing and proposed
streets and highways within the vicinity of the project in order to
assure the safety and convenience of pedestrian and vehicular traffic.
(6)
The proposed on-site buildings, structures, and entryways are situated
and designed to minimize adverse effects upon owners and occupants
of adjacent and surrounding properties by providing for adequate design
of ingress/egress, interior/exterior traffic flow, stormwater drainage,
erosion, grading, lighting, and parking, as specified by this chapter
or any other codes or laws.
(7)
Natural features of the landscape are retained where they can enhance
the development on the site, or where they furnish a barrier or buffer
between the project and adjoining properties used for dissimilar purposes,
or where they assist in preserving the general safety, health, welfare,
and appearance of the neighborhood.
(8)
Adverse effects of the proposed development and activities upon adjoining
residents or owners are minimized by appropriate screening, fencing,
or landscaping as provided or required in this chapter.
(9)
Land, buildings, and structures are readily accessible to emergency
vehicles and the handicapped.
(10)
When a site plan modification or addition is reviewed, all existing
nonconformities and outstanding code violations shall be identified,
resolved, and remedied.
(11)
All hazards identified in the site plan review process shall
be resolved or mitigated.
C.
Redevelopment standards.
(1)
Open space is not required to meet the zoning district requirements
for new development but shall not go below the amount of open space
existing on the lot at the time of the proposed redevelopment and/or
site modifications. For sites that do not meet the minimum open space
requirements, the applicant shall incorporate low-impact development
techniques.
(2)
Existing parking lots and drive aisles that do not meet the required
setbacks shall not encroach any further into the setback.
(3)
Sites shall provide adequate parking spaces to meet the requirements
in Table 275-57-1, unless a waiver is requested and granted by the
Plan Commission.
(4)
The applicant shall meet all applicable stormwater and drainage requirements.
(5)
Existing parking lot lighting shall be evaluated on a case-by-case
basis when a project includes parking lot modification or expansion.
At a minimum, a lighting plan shall be provided for the parking lot
modification area(s).
(6)
A reoccupancy, internal facility remodel, parking lot repair and
maintenance or façade improvement does not require the implementation
of these requirements or the requirements in this article. Only a
building expansion or parking lot expansion will prompt the requirements
to be enforced.
A.
Limits of disturbance.
(1)
Establishment of limits of disturbance. As part of the zoning permit
application process, the applicant shall propose, and the Department
of Community Development shall establish, limits of disturbance (LOD)
lines according to the criteria set forth below. The LOD shall indicate
the specific area(s) of a site within which the developed project
may be constructed and within which development activity shall be
contained.
(2)
Criteria for establishing LOD. In establishing the LOD, which may
be multiple and noncontiguous on a site, the following shall be taken
into account:
(a)
Erosion prevention and control, including but not limited to
protection of natural drainage channels and steep slopes over 20%.
(b)
Preservation of woodlands, significant native trees, and other
significant native site vegetation.
(c)
Visual impacts, including but not limited to steep slopes and
scenic views.
(d)
Riparian habitats, stream corridors, and wetland protection
and buffering.
(e)
Floodplains and floodways.
(f)
Significant wildlife habitat areas.
(g)
The practical needs of approved construction activity in terms
of ingress and egress to the developed project and necessary staging
and operational areas.
(3)
Maximum limits of disturbance.
(a)
The maximum limits of disturbance shall be determined by the Plan Commission based on the criteria listed in § 275-54A(2).
(4)
Development standards and guidelines.
(a)
To the maximum extent feasible, no development, grading, or
vegetation removal or alteration shall occur as a part of the development
project or associated construction activity outside the LOD.
(b)
Disturbance or construction activity may occur outside the LOD
with approval of the Department of Community Development for the following
limited purposes:
[1]
Mitigation of development activities;
[2]
Restoration of previously disturbed or degraded areas;
[3]
Personal gardens not operated on a for-profit basis and maintained
by individual homeowners;
[4]
Utility installations and emergency public safety activities
when such activities and installations cannot reasonably be contained
within the LOD;
[5]
Construction of a trail or pedestrian walkway that will provide
public access, when such trails or walkways cannot reasonably be contained
within the LOD;
[6]
The enhancement of the habitat values and/or other natural resource
values of an identified natural area; and
[7]
Landscaping according to an approved landscaping plan.
(5)
Standards for protection during construction and grading.
(a)
Designation. Approved LODs shall be shown on the plan for development
and shall be designated in the field prior to commencement of excavation,
grading, or construction with fencing or other methods approved by
the Director.
(b)
Barrier fencing. Construction barrier fencing shall be provided at the LOD during construction through the utilization of protection techniques defined by the International Society of Arboriculture or other techniques as approved by staff. For the protection of trees and stands of trees to be preserved within an LOD that is to be disturbed, tree protection specifications as described in Subsection B(7) below shall be followed. See Figure VIII-1.
B.
Woodland, tree, and vegetation protection (new development).
[Amended 10-9-2018 by Ord. No. 2607]
(1)
Purposes. Protection of existing woodlands, trees, and vegetation
cover is intended to preserve the visual and aesthetic qualities of
New Berlin; to encourage site design techniques that preserve the
natural environment and enhance the developed environment; to control
erosion, slippage, and sediment runoff into streams and waterways;
to increase slope stability; and to protect wildlife habitat and migration
corridors. Preservation or provision of trees near structures also
serves to conserve energy by reducing heating and cooling costs.
(2)
Application and exemptions. The provisions of this section shall
apply to all new development in any zoning districts, except that
the following developments and activities shall be exempt from this
section:
(a)
The removal of dead or naturally fallen trees or vegetation,
or trees or vegetation that are found by the City to be a threat to
the overall health of the forest or to the public health, safety,
or welfare;
(b)
The selective and limited removal of trees or vegetation necessary
to obtain clear visibility at driveways or intersections, or for the
purpose of performing authorized field survey work;
(c)
The removal of trees or vegetation on land zoned or lawfully
used for:
[1]
Commercial garden centers, greenhouses, or nurseries.
(d)
Wildlife habitat enhancement and restoration activities undertaken
pursuant to a wildlife conservation plan approved by the City and
the Wisconsin Bureau of Wildlife Management.
(3)
Tree/vegetation removal.
(a)
Outside approved LOD. No trees or vegetation shall be removed
outside the approved LOD except as specifically exempted in this section.
(b)
(c)
Shoreland areas. Within a strip paralleling any navigable body
of water and extending 50 feet inland from all points along the ordinary
high-water mark of the shoreline, tree cutting and vegetation removal
shall be limited in accordance with the following provisions:
[1]
No more than 30% of the length of a strip (measured along the
ordinary high-water mark) shall be clear-cut to the depth of the strip.
[2]
Cutting of this 30% shall not create a clear-cut opening in
the strip greater than 30 feet wide (measured along the ordinary high-water
mark).
[3]
Any paths, roads, or passages within the strip shall be so constructed
and surfaced so as to control erosion.
[4]
The Plan Commission may allow exceptions for essential services.
(4)
Special cutting plans. In the alternative to Subsection B(3) above, pertaining to tree/vegetation removal, a special cutting plan allowing greater cutting may be permitted by the Plan Commission.
(b)
Approval criteria. The Plan Commission may grant a zoning permit
only if it finds that such special cutting plans will not cause undue
erosion or destruction of scenic beauty and will provide substantial
shielding from the water or structures and parking areas. The Plan
Commission may condition such a permit upon a guaranty of tree planting
by the lot owner per an approved planting plan.
(5)
Tree/vegetation removal for views prohibited. No trees or vegetation shall be removed for the sole purpose of providing open views to or from structures on a site, except as provided in Subsection B(2) above.
(6)
Significant
tree. A significant tree refers to any tree that provides significant
aesthetic and environmental benefits such as reduction of stormwater
runoff, preservation of wildlife habitat, enhancement of air quality,
and contributes to overall forest health by providing species and
size class diversity. Trees that are considered invasive species or
infected with pests or diseases that are known to be harmful to the
overall health of the forest should not be considered significant
trees, and should be removed without the requirement of a replacement
tree.
(7)
Replacement of significant trees. When a significant tree or trees
are removed from a site, the applicant or developer shall replace
such tree(s) on the lot, according to the following schedule and requirements:
Table 275-54-1
| ||
---|---|---|
Tree Type
|
Size of Tree Removed
(DBH)
|
Size of Replacement Tree(s)
(DBH)
|
Deciduous
|
5 to 7 inches
|
1 tree at 5 to 7 inches or 3 trees at 2 1/2 to 4 inches
|
8 to 11 inches
|
3 trees at 5 to 7 inches or 9 trees at 2 1/2 to 4 inches
| |
12 inches or larger
|
6 trees at 5 to 7 inches or 12 trees at 2 1/2 to 4 inches
| |
Conifers
|
10 feet or taller
|
1 tree that is 10 feet or taller, or 3 trees that are 8 to 10
feet, or 6 trees that are 6 to 8 feet
|
(a)
If an applicant is unable to plant the required number of replacement
trees on his/her/its development site, the applicant must plant, to
the fullest extent possible, as many replacement trees as allowed
by the site and must pay a fee in lieu of planting the balance of
the required number of replacement trees. Credits may be given by
the Plan Commission or the Community Development Authority if the
applicant uses a low-impact/sustainable design, alternative stormwater
best management practices/green infrastructure (which may include,
but is not limited to, bioretention, infiltration, pervious surfaces,
green roofs, rain gardens, underground storage, and/or rain harvesting/reuse),
or does work that results in cost efficiencies for the City.
(b)
The landscaping fee shall be calculated by taking the total
number of replacement trees, as required per Table 275-54-1, less
the number of trees that the applicant is able to plant on his/her/its
site times the average industry cost to purchase and install a balled
and burlapped, two-and-one-half-inch-DBH deciduous tree; or, in the
case of a replacement evergreen tree, a six-foot to eight-foot tree
comparable will be used. The Department of Community Development shall
determine the average industry cost. The Department of Community Development
shall use the landscaping fees collected to plant landscaping elsewhere
in the City.
[Amended 4-25-2023 by Ord. No. 2668]
(8)
Tree/vegetation protection during construction/grading activities.
(a)
Within the LOD, fencing, at a minimum, should be placed around
each significant tree and around stands of 12 or more smaller trees
a distance equal to the size of the individual or outermost tree's
drip zone.
[1]
For purposes of this subsection, the drip zone is calculated
by measuring the diameter of the tree at breast height; every inch
of diameter is equal to one foot of drip zone.
[2]
No construction, grading, equipment or material storage, or
any other activity shall be allowed within this fenced area, and the
fencing shall remain in place until all land alteration, construction,
and development activities are completed.
(b)
If it is necessary to fill over the root zone, compacted soils
shall be avoided by sandwiching fabric, rocks, and more fabric under
the area to be filled.
(c)
Fill placed directly on the roots shall not exceed a maximum
of six inches in depth.
(d)
If fill creates a tree well or depression around a tree or shrubs,
drainage for such area shall be provided.
(e)
If a tree's roots must be cut, roots shall be pruned cleanly
prior to digging and not ripped off by heavy equipment. Cutting more
than 30% of the roots of a tree should be avoided. See Figure VIII-2.
C.
Wildlife habitat protection.
[Amended 10-9-2018 by Ord. No. 2607]
(1)
Purpose. These regulations are intended to maintain and enhance the diversity of wildlife species and habitats that occur in New Berlin and to plan and design land uses to be harmonious with wildlife habitats and the species that depend on this habitat for the economic, recreational, and environmental benefit of the residents of and visitors to New Berlin. Through the use of SEWRPC's Primary Environmental Corridor (PEC), Secondary Environmental Corridor (SEC), and Isolated Natural Resources Area's (INRA), the City desires to preserve these corridors/areas through careful development within these defined areas. Please refer to § 275-37.
(2)
Applicability. The provisions of this section shall apply to all
development, except that the following developments and activities
shall be exempt from this section:
(a)
Agricultural activities such as soil preparation, irrigation,
planting, harvesting, grazing, and farm ponds;
(b)
Maintenance and repair of existing public roads, utilities,
and other public facilities within an existing right-of-way or easement;
(c)
Maintenance and repair of flood-control structures and activities
in response to a flood emergency;
(d)
Wildlife habitat enhancement and restoration activities undertaken
pursuant to a wildlife conservation plan approved under this section;
(e)
Existing individual residential platted lots of record.
(3)
Other regulations. This section of the chapter does not repeal or
supersede any existing federal, state, or local laws, easements, covenants,
or deed restrictions pertaining to wildlife. When this section imposes
a higher or more-restrictive standard, this section shall apply.
(4)
Wildlife habitat database.
(a)
The following sources shall be used to identify important wildlife
habitat areas for purposes of review under this section:
(b)
Wildlife habitat information required by this section is intended
for general planning purposes. The Director of the Department of Community
Development may correct obvious errors or omissions after consultation
with the DNR and/or SEWRPC.
(5)
Review procedures. The following procedures shall apply to all applications
for development subject to this section:
(a)
Application. As part of the site plan submission, the applicant
shall submit a plan depicting the general location of the property,
location of all structures on the site, prominent natural areas, such
as streams and wetlands, and other features that the Department of
Community Development may require.
(b)
Preliminary review. Based upon the project's location and potential
for adversely affecting key wildlife habitat areas listed in the wildlife
habitat database, the Department of Community Development shall determine
whether the requirements of this section have been met or whether
the application shall be referred to the DNR and/or SEWRPC for review.
Applicants whose applications are referred are advised to meet with
the DNR and/or SEWRPC, and other agencies as determined appropriate
by the Department of Community Development, to ensure compliance with
the requirements of this section.
(c)
DNR and/or SEWRPC review. For applications referred to it, the DNR and/or SEWRPC will determine whether the proposal will result in significant adverse impact on wildlife or wildlife habitats based on the review criteria set forth below in Subsection C(6)(d) and will make a recommendation to the Department of Community Development whether a wildlife conservation plan shall be prepared.
(d)
Wildlife conservation plan required.
[1]
Based on recommendations from the DNR and/or SEWRPC, the Department
of Community Development shall determine whether the applicant must
submit a wildlife conservation plan prior to the approval of any development
application that requires a rezoning or platting. The Department of
Community Development shall require a wildlife conservation plan be
prepared pursuant to this section for all major subdivisions, all
commercial and industrial development located west of Calhoun, and
any other location where the Department of Community Development determines
that sensitive wildlife habitats may be located.
[2]
Such a conservation plan, if required, shall be prepared pursuant to the requirements of Subsection C(6)(c) below and shall be submitted to the DNR and/or SEWRPC for review and recommendation as to whether the plan adequately addresses the adverse impacts identified by the agency pursuant to its initial review described in Subsection C(5)(c) above.
(e)
Final review. The Director of Community Development shall determine whether the site plan application and, if applicable, the wildlife conservation plan meet the review criteria set forth in Subsection C(6)(d) below and shall approve, approve with conditions, or disapprove the application.
(f)
Waivers or minor modifications. The Plan Commission may waive
or approve minor modifications of any development standard or review
criteria in this section upon a finding that such waiver or modification:
[1]
Is consistent with the stated purposes of this section;
[2]
Will have no significant adverse impacts on wildlife species
or habitats;
[3]
Any potential adverse impacts will be mitigated or offset to
the maximum degree practicable; and
[4]
Application of the standard or criteria is not warranted based
on the location of the development, the absence of a particular species
on the site, or other relevant factors.
(6)
Wildlife and wildlife habitat disturbance and mitigation.
(a)
Outside approved LOD. No wildlife or wildlife habitat shall be adversely affected outside the approved LOD except as specifically exempted in this section. If there is an adverse impact due to an exempted activity, the applicant shall attempt to mitigate the effects of the impact to the maximum extent practicable using the techniques set forth in Subsection C(6)(b) below.
(b)
Inside approved LOD. Inside the approved LOD, the following
general mitigation measures shall apply to all development as specified.
It is intended that these measures be applied in a flexible fashion
to protect wildlife habitats and wildlife species in a cost-effective
fashion.
[1]
Buffers. All development shall be set back a minimum of 75 feet
from any identified important wildlife habitat area or such additional
distance as is specified depending on the presence of specified wildlife
species.
[2]
Nonnative vegetation. There shall be no introduction of plant species that are not native or that are not on an approved City landscaping list on any site containing any important wildlife habitat area. To the maximum extent feasible, existing herbaceous and woody cover on the site shall be maintained, and removal of native vegetation shall be minimized. (See also § 275-54B, Woodland, tree, and vegetation protection.)
[3]
Fencing. No fencing on a site containing an important wildlife
habitat shall exceed four feet in height, except to the extent that
such fencing is approved by the Plan Commission to confine permitted
domestic animals or to protect permitted ornamental landscaping or
gardens. The type of fencing (materials, opacity, etc.) shall be determined
by the Plan Commission as appropriate for the wildlife species on
the site.
[4]
Exterior lighting. Use of exterior lighting shall be minimized in areas of important wildlife habitat, and lighting shall be designed so that it does not spill over or onto such critical habitat. (See also § 275-60I, Lighting.)
[5]
Domestic animals. Development applications for property that
includes important wildlife habitats shall include a plan with specified
enforcement measures for the control of domestic animals and household
pets. The plan shall include provisions to prevent the harassment,
disturbance, and killing of wildlife and to prevent the destruction
of important wildlife habitats.
(c)
Wildlife conservation plans.
[1]
Plan preparation. A wildlife conservation plan required by this
section shall be prepared for the applicant, at the applicant's expense,
under the responsible direction of a qualified person who has demonstrated
expertise in the field and is acceptable to the Director.
[2]
Plan content. Any wildlife conservation plan required to be
prepared pursuant to this section shall include the following information
at a minimum:
[a]
A description of the ownership, location, type,
size, and other attributes of the wildlife habitat on the site.
[b]
A description of the populations of wildlife species
that inhabit or use the site, including a qualitative description
of their spatial distribution and abundance.
[c]
An analysis of the potential adverse impacts of
the proposed development on wildlife and wildlife habitats on or off
site.
[d]
A list of proposed mitigation measures and an analysis
of the probability of success of such measures.
[e]
A plan for implementation, maintenance, and monitoring
of mitigation measures.
[f]
A plan for any relevant enhancement or restoration
measures.
[g]
A demonstration of fiscal, administrative, and
technical competence of the applicant or other relevant entity to
successfully execute the plan.
(d)
Review criteria. The Plan Commission shall not approve any site
plan application unless it determines that the proposed development,
to the maximum extent practicable, avoids significant adverse impacts
on wildlife habitats and species on or off the site. In determining
whether the proposed development has significant adverse impacts,
the Development Review Committee shall consider the following categories
of effects and steps taken to avoid or substantially mitigate such
impacts:
[1]
Impacts on wildlife species, including but not limited to human-related
activities, and impacts from domestic pets that disrupt necessary
life cycle functions of wildlife or cause stress on wildlife to the
extent that the health and viability of a species is threatened in
New Berlin.
[2]
Impact on wildlife habitats, including but not limited to elimination,
reduction, or fragmentation of wildlife habitats to the extent that
the viability of an individual species is threatened in New Berlin
and the diversity of wildlife species occurring in New Berlin is reduced.
[3]
Impact on wildlife movement patterns/displacement and adaption
of wildlife populations, including but not limited to disruption of
necessary migration or movement patterns that keep wildlife from using
their entire habitat, displacement of wildlife species into areas
that cannot support or sustain the species over the long term, and
the inability of wildlife species living within or in close proximity
to development to adapt and thrive to the extent that the health and
viability of the species is threatened in New Berlin.
[4]
Uniqueness of habitat and species to New Berlin, including but
not limited to elimination, reduction, or fragmentation of important
wildlife habitats that are identified as unique to New Berlin in that
they support wildlife species that do not commonly occur outside the
City.
[5]
Cumulative impacts, including but not limited to cumulative
impacts beyond the boundaries of the proposed site, such that the
wildlife habitat in New Berlin is eliminated, reduced, or fragmented
to the point that the viability of individual species is threatened
and the diversity of species occurring in New Berlin is reduced.
A.
All existing lands that contain more than five acres of contiguous
forest lands under a single ownership within the City and wish to
actively engage in silvicultural activities where no new development
is proposed shall be required to submit a forestry management plan
and special cutting plan for approval by the Plan Commission outlining
the appropriate silvicultural treatments to be used, the intended
purpose of the work to be completed and the goals and objectives of
any harvesting or removal of trees, restoration and future activities.
The Plan Commission may issue a zoning permit after review and comment
by the Wisconsin Department of Natural Resources.
[Amended 10-9-2018 by Ord. No. 2607]
B.
The following developments, activities and lands shall be exempt
from this section:
[Amended 10-9-2018 by Ord. No. 2607]
(1)
The removal of dead or naturally fallen trees or vegetation
or trees or vegetation that are found by the City to be a threat to
the overall health of the forest or to the public health, safety,
or welfare;
(2)
The selective and limited removal of trees or vegetation necessary
to obtain clear visibility at driveways or intersections, or for the
purpose of performing authorized field survey work;
(3)
The removal of trees or vegetation on land zoned or lawfully
used for commercial garden centers, greenhouses, or tree nurseries;
(4)
Wildlife habitat enhancement and restoration activities undertaken
pursuant to a wildlife conservation plan approved by the City and
the Wisconsin Bureau of Wildlife Management.
C.
The Plan Commission shall accept no development applications for
a period of 36 months from the date that a forestry management plan
and special cutting plan are approved.
D.
All work shall minimize disturbance to the integrity of the natural
resource features as identified in the City's Map of Potential Conservation
Areas or any other natural resource features not identified.
A.
Grading plan.
(1)
In order to preserve the natural beauty and character of the existing
topography as much as possible, and in order to protect against the
dangers and damages caused by man-made changes of existing topography,
and to avoid unsightly and hazardous exposed earth, no lot or portion
of a lot or parcel shall be excavated, graded or filled without approval
as required by this chapter and Section 3, Paragraph VIII, of the
Developer Handbook.
(2)
Every person who erects, alters, or moves a building or proposes
to alter existing topography shall submit a grading plan to the Director
for review and approval. The grading plan shall be prepared at a recognized
engineering or architectural scale and shall show:
(a)
Topographic maps: the existing and proposed topography of the
site, and all areas within 40 feet of the site, at a contour interval
of two feet, prepared by a registered professional engineer or registered
land surveyor. The Director may require a different contour interval
where appropriate. All topographic information shall be to City datum
which is National Geodetic Vertical Datum (NGVD). Topographic maps
shall not be required in the agricultural districts and residential
zoning districts.
(b)
The existing and proposed grades of the lot at each corner of
the lot, at each corner of any existing or proposed buildings, at
the center of the street pavement at the lot lines extended, and at
the center of the street opposite the center of the lot. Grades shall
also be provided on the front, side and rear lot lines at the building
setbacks extended. Grades shall also be provided along all breaks
in grade within the lot.
(c)
The existing and proposed grades of all driveways and parking
lots.
(d)
Spot elevations at the top and bottom of all drainage swales,
if applicable.
(e)
Spot elevation of significant cut and fill areas.
(f)
The grade and setback of all buildings on adjacent lots or the
first building within 200 feet of the lot line if the adjacent lot
is undeveloped.
(g)
The type of monument at each lot corner.
(h)
The location and size of all permanent structures on the site.
(i)
The location of any recorded easements on the site and of all
above- or below-ground utilities.
(j)
Cross sections of any proposed retaining walls or berms.
(k)
The date of the plat of the grading plan.
(l)
A North arrow and graphic scale.
(m)
The registered land surveyor's or professional engineer's seal.
(3)
Review of grading and filling plans. Every building hereafter erected,
structurally altered, added onto or moved shall be sited on the lot
in a manner that the building's appearance is not incompatible with
buildings on adjacent lots, that no hazard to the occupant or to the
public is created and that minimum soil erosion will result from the
building location or change in topography. The Director shall consider
the following guidelines in the review of grading plans:
(a)
Buildings shall be designed to match the existing grade. In
the case of uneven topography, the design and architecture of proposed
buildings shall incorporate techniques to accommodate the difference
in grade through the structure. Examples of this practice include
exposed portions of the foundation or courses of block with suitable
architectural covering; extra steps from the garage or parking area;
split-level floor plans (side to side and/or front to back); wing
walls or foundation walls; exposed lower level or basement; and rotating
or reversing building plan, when appropriate.
(b)
Building grades shall be compatible with the average grade of
adjacent buildings and sites.
(c)
Building grades shall be compatible with the existing street
grade.
(d)
Overall average driveway grades shall not exceed 10%.
(e)
Parking lot grades shall not exceed 6% in longitudinal drainage
or 3% in transverse drainage.
(f)
Lots shall be graded in a manner to foster safety and negotiability
during bad weather.
(g)
Lots shall be graded in such a manner to permit emergency vehicles
to gain access to and have a level area to perform fire, rescue and
relief operations.
(h)
Proposed lot grades shall not exceed a gradient of four feet
horizontal to one foot vertical. A maximum slope of three feet horizontal
to one foot vertical shall be allowed along the side of proposed buildings.
(i)
Lots shall be sodded, seeded and mulched or protected from erosion.
In no case shall the slope exceed the normal angle of slippage of
the material used.
(j)
All grades shall be compatible with proposed landscaping and
drainage requirements.
(k)
Altered topography shall be integrated with existing and surrounding
topography.
(l)
Grading shall not result in excessive depths for underground
utilities or hamper access to such utilities.
(m)
Every effort shall be made to preserve significant trees and woodlots in accordance with § 275-54.
(n)
Lot grades shall not be designed and altered in a manner that
would obstruct horizontal vision clearance.
(o)
The use of resulting yard areas and ease of maintenance of yards
shall be considered.
(p)
The appearance of buildings and their relationship to the height
of buildings on adjacent lots shall be considered.
(q)
Plans shall be prepared in accordance with standard design practices.
(r)
There shall be uniformity and consistency throughout the plan.
(4)
Fill. In order to protect the public from the hazard of unsuitable
fill material, obstruction of view, nuisance of airborne dirt and
dust, and from the threat to general safety caused by the existence
of open trenches, holes or pits, no person, occupant, owner of land
or corporation shall remove or cause to be accumulated topsoil or
subsoil in any district, except quarry or landfill districts with
an approved plan of operation, without review and approval by the
Director of plans for earth disturbances. Such removal or accumulation
includes, but is not limited to, piles of earth, dirt, topsoil or
subsoil which has been formed, accumulated or pushed into mounds or
piles. The Director may forward any application to the Plan Commission
for further review and/or approval.
(a)
In all cases, fill shall consist of clean earth containing no
more than 25%, by volume, of building stone and concrete and no more
than 5%, by volume, of incidental asphalt. Fill operations which exceed
these limits or operations that require more than one year for completion
are considered a landfill and will be regulated as such.
(b)
Fill shall consist of satisfactory soil or a mixture of satisfactory
soil, stone, gravel or other acceptable materials which is of a character
and quality satisfactory for the purpose intended. The material shall
be free from sod, stumps, logs or other organic matter, all types
of refuse, including construction refuse, fragments of concrete larger
than two feet in any dimension, and such other material that, in the
judgment of the Director, is unsuitable.
(c)
Fill in areas where there is floodplain shall follow Article
IXA Floodplain Zoning.
(5)
Retaining walls. The use of slopes and natural grading is encouraged.
However, retaining walls exceeding 16 inches in height may be constructed
only upon issuance of an administrative permit. Retaining walls may
be reviewed and approved with a building permit, in which case a separate
use approval permit would not be required. Retaining walls 16 inches
or less in height are considered curbs and are not regulated by this
section. Stepped retaining walls that do not exceed an overall gradient
of three feet horizontal to one foot vertical are exempt. The following
shall be required as part of the retaining wall application:
[Amended 6-11-2019 by Ord. No. 2620]
(a)
A retaining wall plan detailing the location, size, type and
proposed grades on both sides of the retaining wall, together with
a detailed cross section of the retaining wall, a description of the
material to be used, and a description of the method of construction
to be utilized shall be required. The plan shall also show the proposed
use of land on both sides of the retaining wall.
(b)
In reviewing the plan, the Director and staff shall consider
the following:
[1]
Retaining walls should be considered only where the difference
in grade is greater than two feet or in areas where the slope is greater
than one foot vertical to three feet horizontal.
[2]
Retaining walls shall be considered for the preservation of
significant natural features or trees.
[3]
Retaining walls should not exceed 48 inches in height unless
designed by a professional engineer or installed according to manufacturer's
specifications. Walls that are not tiered and exceed seven feet in
height shall require a professional structural engineer on site overseeing
the construction of the retaining wall.
[4]
Retaining walls shall not be located closer than five feet to
a side or rear lot line unless the Director finds that there is no
other practical location, and only after written approval by the affected
neighbor is received.
[5]
The appearance of the retaining wall and wall materials shall
be considered with respect to the view from the low side of the wall.
[6]
The long-term durability and maintenance requirements of the
retaining wall shall be considered.
[7]
Adequate safety features and precautions shall be incorporated
into the retaining wall design to mitigate the hazard of the abrupt
dropoff created by the wall.
[8]
Retaining walls shall be designed in a manner that frost and
hydrostatic pressure will not compromise the integrity of the wall.
[9]
Retaining walls shall not interfere with the surface water drainage
pattern or create a disruption of the approved drainage or grading
plan.
[10]
Retaining walls shall be engineered and built
in such a manner so as not to collapse.
[11]
Retaining walls shall be designed and located
in a manner that will not have a negative impact on abutting properties.
(c)
All retaining wall structures, including tiebacks, are to be
located outside the base setback line.
B.
Drainage.
(1)
General requirement. No land shall be developed, and no building shall be erected, structurally altered, or moved, and no use shall be permitted, on land which is not adequately drained or which would result in stormwater or surface water runoff that causes property damage, a nuisance and/or erosion to adjacent properties. All drainage plans shall conform with the City of New Berlin Stormwater Management Plan, § 275-55.1, and § 201-8.
(a)
All premises shall be graded and maintained so as to prevent
the accumulation of stagnant water thereon, or within a building or
structure located thereon, or against any structure so as to potentially
cause damage to such structures.
(b)
The dispersal of concentrated drainage onto adjacent properties
is prohibited.
[1]
No person shall permit the discharge of concentrated drainage
from a downspout and/or sump pump to be directed upon the land of
an adjacent property owner.
[2]
Any drainage systems which have the effect of redirecting drainage
through piping or other means shall comply with the following requirements:
[a]
The discharge of any such piping shall be not less
than 10 feet from the lot line or, where the structure from which
the discharge is occurring is less than 10 feet to the lot line, then,
in that event, 1/2 the distance between said structure and the lot
line.
[b]
The discharge must be adequately diffused before
reaching the lot line.
[c]
The flow of discharge from the downspout and/or
sump pump must be consistent with the approved grading plan for the
property.
(2)
Exemptions may be granted, with approval of the DCD Director, for
properties that incorporate alternative stormwater practices (i.e.,
rain gardens, rain barrels, cisterns, and others) as designed per
the WDNR Technical Standards.
(3)
Drainage plan required for site plan approval. Every person who erects,
alters or moves a building or structure or who alters or changes topography
shall submit a drainage plan to the Director for review and approval
as part of the site plan submission. Approval of the drainage plan
shall be a prerequisite for issuance of a building permit.
[Amended 1-12-2016 by Ord. No. 2558]
A.
Authority.
(1)
This section is adopted by the City of New Berlin under the
authority granted by § 62.234, Wis. Stats. This section
supersedes all provisions of an ordinance previously enacted under
§ 62.23, Wis. Stats., that related to stormwater management
regulations. Except as otherwise specified in § 62.234,
Wis. Stats., § 62.23, Wis. Stats., applies to this section
and to any amendments to this section.
(2)
The provisions of this section are deemed not to limit any other
lawful regulatory powers of the same governing body.
(3)
The City Common Council hereby designates the City of New Berlin
to administer and enforce the provisions of this section.
(4)
The requirements of this section 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.
(c)
City of New Berlin approved or adopted stormwater management
plans for specific areas or watersheds.
B.
Findings of fact. The City Common Council finds that uncontrolled
post-construction runoff has a significant impact upon water resources
and the health, safety and general welfare of the community and diminishes
the public enjoyment and use of natural resources. Specifically, uncontrolled
post-construction runoff can:
(1)
Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
(2)
Diminish the capacity of lakes and streams to support fish,
aquatic life, recreational and water supply uses by increasing pollutant
loading of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
(3)
Alter wetland communities by changing wetland hydrology and
by increasing pollutant loads.
(4)
Reduce the quality of groundwater by increasing pollutant loading.
(5)
Threaten public health, safety, property and general welfare
by overtaxing storm sewers, drainageways, and other minor drainage
facilities.
(6)
Threaten public health, safety, property and general welfare
by increasing major flood peaks and volumes.
(7)
Undermine floodplain management efforts by increasing the incidence
and levels of flooding.
C.
Purpose and intent.
(1)
Purpose. The general purpose of this section 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:
(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.
(d)
Minimize the amount of pollutants discharged from the separate
storm sewer to protect the waters of the state.
(2)
Intent. It is the intent of the City Common Council that this
section regulates post-construction stormwater discharges to waters
of the state. This section may be applied on a site-by-site basis.
The City Common Council recognizes, however, that the preferred method
of achieving the stormwater performance standards set forth in this
section 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 City Common Council, it is the intent of this
section that the approved plan be used to identify post-construction
management measures acceptable for the community.
D.
Applicability and jurisdiction.
(1)
Applicability.
(a)
Where not otherwise limited by law, this section applies after final stabilization to a site of land-disturbing construction activity meeting any of the criteria in this paragraph, unless the site is otherwise exempt under Subsection D(1)(b).
[1]
A post-development construction site that has one
or more acres of land-disturbing construction activity.
(b)
A site that meets any of the criteria in this Subsection D(1)(b) is exempt from the requirements of this section.
[1]
A post-construction site with less than 10% connected
imperviousness based on complete development of the post-construction
site, provided the cumulative area of all parking lots and rooftops
is less than one acre.
[2]
Nonpoint discharges from agricultural facilities
and practices.
[3]
Nonpoint discharges from silviculture activities.
[4]
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.
[5]
Underground utility construction such as water,
sewer and fiber optic lines. This exemption does not apply to the
construction of any aboveground structures associated with utility
construction.
(c)
Notwithstanding the applicability requirements in Subsection D(1)(a), this section applies to post-construction sites of any size that, in the opinion of the City of New Berlin, is likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
(d)
Applicability of maximum extent practicable (MEP). Maximum extent
practicable applies when a person who is subject to a performance
standard of the ordinance demonstrates to the City of New Berlin's
satisfaction that a performance standard is not achievable and that
a lower level of performance is appropriate. In making the assertion
that a performance standard is not achievable and that a level of
performance different from the performance standard is the maximum
extent practicable, the responsible party shall take into account
the best available technology, cost effectiveness, geographic features,
and other competing interests such as protection of public safety
and welfare, the protection of endangered and threatened resources,
and preservation of historic properties.
(2)
Jurisdiction. This section applies to post-construction sites
within the boundaries and jurisdiction of the City of New Berlin.
(3)
Exclusions. This section 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.
F.
Technical standards. The following methods shall be used in designing
and meeting the performance standards for the stormwater management
plan:
(1)
Technical standards identified, developed or disseminated by
the Wisconsin Department of Natural Resources under Subchapter V of
Chapter NR 151, Wis. Adm. Code.
(2)
Where technical standards have not been identified or developed
by the Wisconsin Department of Natural Resources, other technical
standards may be used, provided that the methods have been approved
by the City of New Berlin.
G.
Performance standards.
(1)
Responsible party. The responsible party shall implement a post-construction
stormwater management plan that incorporates the requirements of this
section.
(2)
Plan. A written stormwater management plan in accordance with Subsection I shall be developed and implemented for each post-construction site.
(3)
Maintenance of effort. For redevelopment sites where the redevelopment
will be replacing older development that was subject to post-construction
performance standards of NR 151 in effect on or after October 1, 2004,
the responsible party shall meet the total suspended solids reduction,
peak flow control, infiltration, and protective areas standards applicable
to the older development or meet the redevelopment standards of the
ordinance, whichever is more stringent.
(4)
Requirements. The plan required under Subsection G(2) shall include the following:
(a)
Total suspended solids.
[1]
BMPs shall be designed, installed and maintained
to control total suspended solids carried in runoff from the post-construction
site. BMPs shall be designed in accordance with Table 1 or to the
maximum extent practicable. The design shall be based on an average
annual rainfall, as compared to no runoff management controls.
Table 275-55.1-1 TSS Reduction Standards
| ||
---|---|---|
Development Type
|
TSS Reduction
| |
New development
|
80%
| |
In-fill
|
80%
| |
Redevelopment
|
40% of load from parking areas and roads
|
[2]
Maximum extent practicable. If the design cannot
meet a total suspended solids reduction standard of Table 1, the stormwater
management plan shall include a written, site-specific explanation
of why the total suspended solids reduction performance standard cannot
be met and why the total suspended solids load will be reduced to
the maximum extent practicable.
[3]
Off-site drainage. When designing BMPS, runoff
draining to the BMP from off-site shall be taken in to account in
determining the treatment efficiency of the practice. Any impact on
the efficiency shall be compensated for by increasing the size of
the BMP accordingly.
(b)
Peak discharge.
[1]
By design, stormwater management practices shall
be employed to reduce the one-hundred-year, twenty-four-hour post-development
runoff rate to the ten-year, twenty-four-hour pre-development runoff
rate. The post-developed one-year, twenty-four-hour and the two-year,
twenty-four-hour runoff rate shall be controlled to be no greater
than the one-year, twenty-four-hour and the two-year, twenty-four-hour
pre-development runoff rate, or to the maximum extent practicable.
Pre-development conditions shall assume "good hydrologic conditions"
for appropriate land covers as identified in TR-55 or an equivalent
methodology. The meaning of "hydrologic soil group" and "runoff curve
number" are as determined in TR-55. However, the pre-development state
curve number shall not be greater than the curve numbers in Table
2. Peak discharges shall be calculated using TR-55 runoff curve number
methodology, Atlas 14 precipitation depths, and the appropriate NRCS
Wisconsin MSE3 or MSE4 precipitation distribution. On a case-by-case
basis, the City of New Berlin may allow the use of TP-40 precipitation
depths and the Type II distribution.
Table 275-55.1-2 — Maximum Pre-development Runoff
Curve Numbers
| |||||
---|---|---|---|---|---|
Runoff Curve Number
|
Hydrologic Soil Group
| ||||
A
|
B
|
C
|
D
| ||
Woodland
|
30
|
55
|
70
|
77
| |
Grassland
|
39
|
61
|
71
|
78
| |
Cropland
|
55
|
69
|
78
|
83
|
[2]
By design, stormwater management practices shall
be employed to meet peak discharge requirements of City-adopted stormwater
management plans for specific areas or watersheds where applicable.
[3]
This Subsection G(4)(b) of the section does not apply to any of the following:
[a]
A redevelopment post-construction site, if the impervious surface area of the redevelopment is not increased from existing conditions, except as provided under Subsection G(3).
[b]
An infill development area less than five acres, unless determined otherwise by the City per Subsection D(1)(c).
[c]
A post-construction site where the discharge is
directly into a lake over 5,000 acres or a stream or river segment
draining more than 500 square miles.
(c)
Infiltration.
[1]
BMPs shall be designed, installed, and maintained
to infiltrate runoff in accordance with the following or to the maximum
extent practicable:
[a]
Low imperviousness. For development up to 40% connected
imperviousness, such as parks, cemeteries, and low-density residential
development, infiltrate sufficient runoff volume so that the post-development
infiltration volume shall be at least 90% of the pre-development infiltration
volume, based on an average annual rainfall. However, when designing
appropriate infiltration systems to meet this requirement, no more
than 1% of the post-construction site is required as an effective
infiltration area.
[b]
Moderate imperviousness. For development with more
than 40% and up to 80% connected imperviousness, such as medium- and
high-density residential, multifamily development, industrial and
institutional development, and office parks, infiltrate sufficient
runoff volume so that the post-development infiltration volume shall
be at least 75% of the pre-development infiltration volume, based
on an average annual rainfall. However, when designing appropriate
infiltration systems to meet this requirement, no more than 2% of
the post-construction site is required as an effective infiltration
area.
[c]
High imperviousness. For development with more
than 80% connected imperviousness, such as commercial strip malls,
shopping centers, and commercial downtowns, infiltrate sufficient
runoff volume so that the post-development infiltration volume shall
be at least 60% of the pre-development infiltration volume, based
on an average annual rainfall. However, when designing appropriate
infiltration systems to meet this requirement, no more than 2% of
the post-construction site is required as an effective infiltration
area.
[2]
Pre-development condition shall be the same as
specified in Table 275-55.1-2 of the Peak Discharge section.
[3]
Source areas.
[a]
Prohibitions. Runoff from the following areas may not be infiltrated and may not qualify as contributing to meeting the requirements of this section unless demonstrated to meet the conditions identified in Subsection G(4)(c)[6]:
[i]
Areas associated with Tier 1 industrial facilities identified
in § NR 216.21(2)(a), Wis. Adm. Code, including storage,
loading, rooftop and parking. Rooftops may be infiltrated with the
concurrence of the regulatory authority.
[ii]
Storage and loading areas of Tier 2 industrial
facilities identified in § NR 216.21(2)(b), Wis. Adm. Code.
[iii]
Fueling and vehicle maintenance areas. Runoff
from rooftops of fueling and vehicle.
[b]
Exemptions. Runoff from the following areas may
be credited toward meeting the requirement when infiltrated, but the
decision to infiltrate runoff from these source areas is optional.
[i]
Parking areas and access roads less than 5,000
square feet for commercial development.
[ii]
Parking areas and access roads less than 5,000
square feet for industrial development not subject to the prohibitions
under Subsection G(4)(c)[1][a].
[iv]
Infill development areas less than five acres.
[v]
Roads on commercial, industrial and institutional
land uses, and arterial residential roads.
[4]
Location of practices.
[a]
Prohibitions. Infiltration practices may not be
located in the following areas:
[i]
Areas within 1,000 feet upgradient or within 100
feet downgradient of direct conduits to groundwater.
[ii]
Areas within 400 feet of a community water system
well as specified in § NR811.16(4), Wis. Adm. Code, or within
the separation distances listed in § NR 812.08, Wis. Adm.
Code for any private well or noncommunity well for runoff infiltrated
from commercial, including multifamily, industrial and institutional
land uses or regional devices for one- and two-family residential
development.
[iii]
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.
[b]
Separation distances.
[i]
Infiltration practices shall be located so that
the characteristics of the soil and the separation distance between
the bottom of the infiltration system and the elevation of the seasonal
high groundwater or the top of bedrock are in accordance with Table
255-55.1-3:
Source Area
|
Separation Distance
|
Soil Characteristics
| |
---|---|---|---|
Industrial, commercial, institutional parking lots and roads
|
5 feet or more
|
Filtering layer
| |
Residential arterial roads
|
5 feet or more
|
Filtering layer
| |
Roofs draining to subsurface infiltration practices
|
1 foot or more
|
Native or engineered soil with particles finer than coarse sand
| |
Roofs draining to surface infiltration practices
|
Not applicable
|
Not applicable
| |
All other impervious source areas
|
3 feet or more
|
Filtering layer
|
[ii]
Notwithstanding Subsection G(4)(c)[4][b], applicable
requirements for injection wells classified under § NR 815
shall be followed.
[c]
Infiltration rate exemptions. Infiltration practices
located in the following areas may be credited toward meeting the
requirements under the following conditions, but the decision to infiltrate
under these conditions is optional:
[i]
Where the infiltration rate of the soil measured
at the proposed bottom of the infiltration system is less than 0.6
inches per hour using a scientifically credible field test method.
[ii]
Where the least permeable soil horizon to five
feet below the proposed bottom of the infiltration system using the
U.S. Department of Agriculture method of soils analysis is one of
the following: sandy clay loam, clay loam, silty clay loam, sandy
clay, silty clay, or clay.
[5]
Alternate use. Where alternate uses of runoff are
employed, such as from toilet flushing, laundry, or irrigation or
storage on green roofs where an equivalent portion of the runoff is
captured permanently by rooftop vegetation, such alternate use shall
be given equal credit toward the infiltration volume required by this
section.
[6]
Groundwater standards.
[a]
Infiltration systems designed in accordance with
this paragraph shall, to the extent technically and economically feasible,
minimize the level of pollutants infiltrating to groundwater and shall
maintain compliance with the preventative 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 preventative action limit is not achievable, the infiltration
BMP may not be installed or shall be modified to prevent infiltration,
to the maximum extent practicable.
[b]
Notwithstanding the above, the discharge from BMPs
shall remain below the enforcement standard at the point of standards
application.
[7]
Pretreatment. 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 G(4)(c)[6]. Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
[8]
Maximum extent practicable. Where the conditions of Subsection G(4)(c)[3] and [4] limit or restrict the use of infiltration practices, the performance standard of Subsection G(4)(c) shall be met to the maximum extent practicable.
(d)
Protective areas. The following are minimum standards for protective
areas; however, the City may impose greater limits based on site-specific
information.
[1]
"Protective area" means an area of land that commences
at the top of the channel of lakes, streams and rivers, or at the
delineated boundary of wetlands, and that is the greatest of the following
widths, as measured horizontally from the top of the channel or delineated
wetland boundary to the closest impervious surface. However, in this
paragraph, "protective area" does not include any area of land adjacent
to any stream enclosed within a pipe or culvert such that runoff cannot
enter the enclosure at this location.
[a]
For outstanding resource waters and exceptional
resource waters: 75 feet.
[b]
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.
[c]
For lakes: 50 feet.
[d]
For wetlands not subject to Subsection G(4)(d)[1][e]
or [f]: 50 feet.
[e]
For highly susceptible wetlands: 75 feet. Highly
susceptible wetlands include the following types: calcareous fens,
sedge meadows, open and coniferous bogs, low prairies, coniferous
swamps, lowland hardwood swamps, and ephemeral ponds.
[f]
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; cultivated hydric soils; and any
gravel pits, or dredged material or fill material disposal sites that
take on the attributes of a wetland.
[g]
In Subsection G(4)(d)[1][d] to [f], 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.
[h]
Wetland boundary delineations shall be made in
accordance with § NR 103.08(1m), Wis. Adm. Code. This paragraph
does not apply to wetlands that have been completely filled in accordance
with all applicable state and federal regulations. The protective
area for wetlands that have been partially filled in accordance with
all applicable state and federal regulations shall be measured from
the wetland boundary delineation after fill has been placed. Where
there is a legally authorized wetland fill, the protective area standard
need not be met in that location.
[i]
For concentrated flow channels with drainage areas
greater than 130 acres: 10 feet.
[j]
Notwithstanding Subsection G(4)(d)[1][a] to [i],
the greatest protective area width shall apply where rivers, streams,
lakes and wetlands are contiguous.
[2]
Applicability. This paragraph applies to post-construction sites located within a protective area, except those areas exempted pursuant Subsection G(4)(d)[4].
[3]
Requirements. The following requirements shall
be met:
[a]
Impervious surfaces shall be kept out of the protective
area entirely or to the maximum extent practicable. If there is no
practical alternative to locating an impervious surface in the protective
area, the stormwater management plan shall contain a written site-specific
explanation for any parts of the protective area that are disturbed
during construction.
[b]
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.
[c]
Best management practices such as filter strips
or swales that are designed to control pollutants from nonpoint sources
may be located in the protective area.
[4]
Exemptions. This paragraph does not apply to:
[b]
Infill development areas less than five acres.
[c]
Structures that cross or access surface waters,
such as boat landings, bridges and culverts.
[d]
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.
[e]
Area of post-construction sites from which runoff
does not enter the protective area's surface water, including wetlands,
without first being treated by a BMP to meet the local ordinance requirements
for total suspended solids and peak flow reduction, except to the
extent that vegetative ground cover is necessary to maintain bank.
(e)
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.
(f)
Swale treatment for transportation facilities.
[1]
Applicability. Except as provided in Subsection G(4)(f)[2], 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:
[a]
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.
[b]
Swales shall comply with section V.F. (Velocity
and Depth) and V.G. (Swale Geometry Criteria) with a swale treatment
length as long as that specified in section V.C., (Pre-Treatment)
of the Wisconsin Department of Natural Resources Technical Standard
1005 "Vegetated Infiltration Swales," dated May 2007, or a superseding
document. Transportation facility swale treatment does not have to
comply with other sections of Technical Standard 1005.
[2]
Other requirements.
[a]
Notwithstanding Subsection G(4)(f)[1], the City of New Berlin 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:
[i]
An outstanding resource water.
[ii]
An exceptional resource water.
[iii]
Waters listed in § 303(d) of the Federal
Clean Water Act that are identified as impaired in whole or in part,
due to nonpoint source impacts.
[iv]
Waters where targeted performance standards are
developed under § NR 151.004, Wis. Adm. Code, to meet water
quality standards.
[b]
The transportation facility authority shall contact
the City of New Berlin to determine if additional BMPs beyond a water
quality swale are needed under this subsection.
(g)
Storm sewers and culverts.
(5)
General considerations for on-site and off-site stormwater management
measures. The following considerations shall be observed in on-site
and off-site runoff management:
(a)
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.
(b)
Emergency overland flow routes 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.
(6)
Location and regional treatment option.
(a)
To comply with the performance standards required under Subsection G, BMPs may be located on-site or off-site as part of a regional stormwater device, practice or system, but shall be installed in accordance with § NR 151.003, Wis. Adm. Code.
(b)
The City of New Berlin may approve off-site management measures,
provided that all of the following conditions are met:
[1]
The City of New Berlin determines that the post-construction
runoff is covered by a stormwater management system plan that is approved
by the City of New Berlin and that contains management requirements
consistent with the purpose and intent of this section.
[2]
The off-site facility meets all of the following
conditions:
[a]
The facility is in place.
[b]
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 section.
[c]
The facility has a legally obligated entity responsible
for its long-term operation and maintenance.
(c)
Where a regional treatment option exists such that the City
of New Berlin 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 City of New Berlin. In determining the fee for post-construction
runoff, the City of New Berlin shall consider an equitable distribution
of the cost for land, engineering design, construction, and maintenance
of the regional treatment option.
(7)
Milwaukee Metropolitan Sewerage District (MMSD) rules on surface
water and stormwater runoff management.
(a)
These rules are effective January 1, 2002, and are hereby adopted
by reference for those portions of the City within the ultimate sewer
service area as established by MMSD. Said ultimate sewer service area
is depicted on the MMSD sewer service map for the City of New Berlin.
Future amendments to the MMSD rules are also adopted by reference.
A copy of Chapter 13, as well as the MMSD sewer service map for the
City of New Berlin, shall be on file and open to public inspection
in the offices of the City Clerk and Department of Community Development.
(b)
The MMSD rules on stormwater runoff management and plan submittal requirements shall be complied with as to all property within the MMSD ultimate sewer service area, in addition to the other stormwater provisions of this chapter, including but not limited to plat approval under Chapter 275, Zoning, construction site erosion control, and post-construction stormwater quality best management practices to abate pollutant runoff. A violation of the MMSD rules shall be a violation of this chapter with respect to those properties within the MMSD ultimate sewer service area.
(8)
Additional requirements. The City of New Berlin may establish
stormwater management requirements more stringent than those set forth
in this section if the City of New Berlin determines that the requirements
are needed to control stormwater quantity or control flooding, comply
with federally approved total maximum daily load requirements, or
control pollutants associated with existing development or redevelopment,
or an added level of protection is needed to protect sensitive resources.
H.
Permitting requirements, procedures and fees.
(1)
Permit required. No responsible party may undertake a land-disturbing
construction activity without receiving a post-construction runoff
permit from the City of New Berlin prior to commencing the proposed
activity.
(2)
Permit application and fees. Unless specifically excluded by
this section, any responsible party desiring a permit shall submit
to the City of New Berlin a permit application made on a form provided
by the City of New Berlin for that purpose.
(a)
Unless otherwise excepted by this section, a permit application
must be accompanied by a stormwater management plan, a maintenance
agreement and a nonrefundable permit administration fee.
(b)
The stormwater management plan shall be prepared to meet the requirements of Subsection G and I; the maintenance agreement shall be prepared to meet the requirements of Subsection J; the financial guarantee shall meet the requirements of Subsection K; and fees shall be those established by the City of New Berlin as set forth in Subsection L.
(3)
Review and approval of permit application. The City of New Berlin
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:
(a)
Within 45 business days of the receipt of a complete permit application, including all items as required by Subsection H(2), the City of New Berlin shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this section.
(b)
If the stormwater permit application, plan and maintenance agreement
are approved, or if an agreed upon payment of fees in lieu of stormwater
management practices is made, the City of New Berlin shall issue the
permit.
(c)
If the stormwater permit application, plan or maintenance agreement
is disapproved, the City of New Berlin shall detail in writing the
reasons for disapproval.
(d)
The City of New Berlin may request additional information from
the applicant. If additional information is submitted, the City of
New Berlin shall have 45 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.
(e)
Failure by the City of New Berlin to inform the permit applicant
of a decision within 45 business days of a required submittal shall
not be deemed to mean approval of the submittal, and the applicant
may not proceed as if a permit had been issued until the Director
responds in writing with a decision. If the Director, following the
first forty-five-day period, fails to respond after written request
to do so by the applicant within 45 days of request, then the failure
to respond shall be deemed to mean approval of the submittal, and
the applicant may proceed as if a permit had been issued.
(4)
Permit requirements. All permits issued under this section shall be subject to the following conditions, and holders of permits issued under this section shall be deemed to have accepted these conditions. The City of New Berlin may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the City of New Berlin to suspend or revoke this permit may be appealed in accordance with Subsection N.
(a)
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.
(b)
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.
(c)
The responsible party shall notify the City of New Berlin at least five business days before commencing any work in conjunction with the stormwater management plan and within five business days upon completion of the stormwater management practices. If required as a special condition under Subsection H(5), the responsible party shall make additional notification according to a schedule set forth by the City of New Berlin so that practice installations can be inspected during construction.
(d)
Practice installations required as part of this section shall
be certified "as-built" by a licensed professional engineer. Completed
stormwater management practices must pass a final inspection by the
City of New Berlin or its designee to determine if they are in accordance
with the approved stormwater management plan and ordinance. The City
of New Berlin 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.
(e)
The responsible party shall notify the City of New Berlin of
any significant modifications it intends to make to an approved stormwater
management plan. The City of New Berlin may require that the proposed
modifications be submitted for approval prior to incorporation into
the stormwater management plan and execution by the responsible party.
(f)
The responsible party shall maintain all stormwater management
practices in accordance with the stormwater management plan until
the practices either become the responsibility of the City of New
Berlin or are transferred to subsequent private owners, as specified
in the approved maintenance agreement.
(g)
If the responsible party fails to maintain all stormwater management practices, the City of New Berlin may perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan, and make a special assessment or charge against the property as authorized under Subch. VII of Ch. 66, Wis. Stats., or charge such costs against the financial guarantee posted under Subsection K.
(h)
If so directed by the City of New Berlin, 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.
(i)
The responsible party shall permit property access to the City
of New Berlin or its designee for the purpose of inspecting the property
for compliance with the approved stormwater management plan and this
permit.
(j)
Where site development or redevelopment involves changes in
direction, increases in peak rate and/or total volume of runoff from
a site, the City of New Berlin may require the responsible party to
make appropriate legal arrangements with affected property owners
concerning the prevention of endangerment to property or public safety.
I.
Stormwater management plan.
(1)
Plan requirements. The stormwater management plan required under Subsection H(2) shall contain at a minimum the following information:
(a)
Name, address, and telephone number for the following or their
designees: landowner; developer; project engineer for practice design
and certification; person(s) responsible for installation of stormwater
management practices; and person(s) responsible for maintenance of
stormwater management practices prior to the transfer, if any, of
maintenance responsibility to another party.
(b)
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.
(c)
Pre-development site conditions, including:
[1]
One or more site maps at a scale of not less than
one inch equals 100 feet. The site maps shall show the following:
site location and legal property description; predominant soil types
and hydrologic soil groups; existing cover type and condition; topographic
contours of the site at a scale not to exceed 100 feet; topography
and drainage network including enough of the contiguous properties
to show runoff patterns onto, through, and from the site; watercourses
that may affect or be affected by runoff from the site; flow path
and direction for all stormwater conveyance sections, including time
of travel and time of concentration applicable to each; watershed
boundaries used in hydrology determinations to show compliance with
performance standards; lakes, streams, wetlands, channels, ditches,
and other watercourses on and immediately adjacent to the site; limits
of the one-hundred-year floodplain; location of wells and wellhead
protection areas covering the project area and delineated pursuant
to § NR 811.16, Wis. Adm. Code.
[2]
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).
(d)
Post-development site conditions, including:
[1]
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.
[2]
Explanation of any restrictions on stormwater management
measures in the development area imposed by wellhead protection plans
and ordinances.
[3]
One or more site maps at a scale of not less than
one inch equals 100 feet showing the following: post-construction
pervious areas including vegetative cover type and condition; impervious
surfaces including all buildings, structures, and pavement; post-construction
topographic contours of the site at a scale not to exceed 100 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, including time of travel and
time of concentration applicable to each; location and type of all
stormwater management conveyance and treatment practices, including
the on-site and off-site tributary drainage area; location and type
of conveyance system that will carry runoff from the drainage and
treatment practices to the nearest adequate outlet such as a curbed
street, storm drain, or natural drainageway; watershed boundaries
used in hydrology and pollutant-loading calculations and any changes
to lakes, streams, wetlands, channels, ditches, and other watercourses
on and immediately adjacent to the site.
[4]
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 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).
[5]
Results of investigations of soils and groundwater
required for the placement and design of stormwater management measures.
Detailed drawings including cross sections and profiles of all permanent
stormwater conveyance and treatment practices.
(e)
Construction specifications, description and installation schedule for the stormwater management practices needed to meet the performance standards in Subsection G.
(f)
A maintenance plan developed for the life of each stormwater
management practice, including the required maintenance activities
and maintenance activity schedule.
(g)
Cost estimates for the construction, operation, and maintenance
of each stormwater management practice.
(h)
Typed written narrative for BMP design(s), including a description
of design procedures, software used and computer model schematics,
flow rates, design results, and any relative information or assumptions
used for the design.
(i)
Other information requested in writing by the City of New Berlin
to determine compliance of the proposed stormwater management measures
with the provisions of this section.
(j)
All site investigations, plans, designs, computations, and drawings
shall be certified by a licensed Wisconsin professional engineer to
be prepared in accordance with accepted engineering practice and requirements
of this section.
J.
Maintenance agreement.
(1)
Maintenance agreement required. The maintenance agreement required under Subsection H(2) for stormwater management practices shall be an agreement between the City of New Berlin 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.
(2)
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by Subsection I(1)(f).
(a)
Identification of the stormwater facilities and designation
of the drainage area served by the facilities.
(b)
A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under Subsection H(2).
(c)
Identification of the responsible party(s), organization or city, county or City responsible for long-term inspection and maintenance of the stormwater management practices identified in the stormwater management plan required under Subsection H(2).
(d)
Requirement that the responsible party(s), organization or city, county, or City shall maintain stormwater management practices in accordance with the schedule included in Subsection J(2)(b).
(e)
Authorization for the City of New Berlin 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.
(f)
A requirement on the City of New Berlin 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.
(g)
Agreement that the party designated under Subsection J(2)(c) as responsible for long-term inspection and maintenance of the stormwater management practices, if notified by the City of New Berlin of maintenance problems which require correction, will undertake corrective action within a reasonable time frame as set by the City of New Berlin.
(h)
Authorization of the City of New Berlin to perform the corrected actions identified in the inspection report if the responsible party designated under Subsection J(2)(c) does not make the required corrections in the specified time period. The City of New Berlin 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.
K.
Financial guarantee.
(1)
Establishment of the guarantee. The City of New Berlin may require
the submittal of a financial guarantee, the form and type of which
shall be acceptable to the City of New Berlin. The financial guarantee
shall be in an amount determined by the City of New Berlin to be the
estimated cost of construction and the estimated cost of maintenance
of the stormwater management practices during the period which the
designated party in the maintenance agreement has maintenance responsibility.
The financial guarantee shall give the City of New Berlin the authorization
to use the funds to complete the stormwater management practices or
restore the project site, as deemed fit by the City, 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 section have
not been met.
(2)
Conditions for release. Conditions for the release of the financial
guarantee are as follows:
(a)
The City of New Berlin shall release the portion of the financial
guarantee established under this section, less any costs incurred
by the City of New Berlin to complete installation of practices, upon
submission of as-built plans by a licensed professional engineer.
The City of New Berlin may make provisions for a partial pro-rata
release of the financial guarantee based on the completion of various
development stages.
(b)
The City of New Berlin shall release the portion of the financial
guarantee established under this section to assure maintenance of
stormwater practices, less any costs incurred by the City of New Berlin,
at such time that the responsibility for practice maintenance is passed
on to another entity via an approved maintenance agreement.
L.
Fee schedule. The fees referred to in other subsections of this section
shall be established by the City of New Berlin and may from time to
time be modified by resolution. A schedule of the fees established
by the City of New Berlin shall be available for review in the City
Hall.
M.
Enforcement.
(1)
Any land-disturbing construction activity or post-construction
runoff initiated after the effective date of this section by any person,
firm, association, or corporation subject to the ordinance provisions
shall be deemed a violation unless conducted in accordance with the
requirements of this section.
(2)
The City of New Berlin 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 of remedial
action, and additional enforcement action which may be taken.
(3)
Upon receipt of written notification from the City of New Berlin under Subsection M(2), the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the City of New Berlin in the notice.
(4)
If the violations to a permit issued pursuant to this section
are likely to result in damage to properties, public facilities, or
waters of the state, the City of New Berlin may enter the land and
take emergency actions necessary to prevent such damage. The costs
incurred by the City of New Berlin plus interest and legal costs shall
be billed to the responsible party.
(5)
The City of New Berlin is authorized to post a stop-work order
on all land-disturbing construction activity that is in violation
of this section or to request the municipal attorney to obtain a cease-and-desist
order in any court with jurisdiction.
(6)
The City of New Berlin may revoke a permit issued under this
section for noncompliance with ordinance provisions.
(7)
Any permit revocation, stop-work order, or cease-and-desist
order shall remain in effect unless retracted by the City of New Berlin
or by a court with jurisdiction.
(8)
The City of New Berlin is authorized to refer any violation
of this section, or of a stop-work order or cease-and-desist order
issued pursuant to this section, to the Municipal Attorney for the
commencement of further legal proceedings in any court with jurisdiction.
(9)
Any person, firm, association, or corporation who does not comply
with the provisions of this section shall be subject to a forfeiture
of not less than $500 or more than $1,000 per offense, together with
the costs of prosecution. Each day that the violation exists shall
constitute a separate offense.
(10)
Compliance with the provisions of this section 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.
(11)
When the City of New Berlin determines that the holder of a permit issued pursuant to this section has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the City of New Berlin or a party designated by the City of New Berlin may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The City of New Berlin 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 Subsection K of this section. 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.
N.
Appeals.
(1)
Board of Appeals. The Board of Appeals, created pursuant to § 275-16 of the City of New Berlin ordinances pursuant to § 62.234(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 City of New Berlin in administering this section. The Board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the Board may authorize variances from the provisions of this section that are not contrary to the public interest and where, owing to special conditions, a literal enforcement of the ordinance will result in unnecessary hardship.
(2)
Who may appeal. Appeals to the Board of Appeals may be taken
by any aggrieved person or by an officer, department, board or bureau
of the City of New Berlin affected by any decision of the City of
New Berlin.
[Amended 1-12-2016 by Ord. No. 2558]
A.
Authority.
(1)
This section is adopted under the authority granted by § 62.234,
Wis. Stats., for cities. This section supersedes all provisions of
an ordinance previously enacted under § 62.23, Wis. Stats.,
that relate to construction site erosion control. Except as otherwise
specified in § 62.234 Wis. Stats., § 62.23, Wis.
Stats., applies to this section and to any amendments to this section.
(2)
The provisions of this section are deemed not to limit any other
lawful regulatory powers of the same governing body.
(3)
The City Common Council hereby designates the City of New Berlin
to administer and enforce the provisions of this section.
(4)
The requirements of this section do not preempt more stringent
erosion and sediment control 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.
Findings of fact. The City of New Berlin finds that runoff from land-disturbing
construction activity carries a significant amount of sediment and
other pollutants to the waters of the state in the City of New Berlin.
C.
Purpose. It is the purpose of this section to further the maintenance
of safe and healthful conditions; prevent and control water pollution;
prevent and control soil erosion and sediment discharge; 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, by minimizing the amount of sediment
and other pollutants carried by runoff or discharged from land-disturbing
construction activity to waters of the state in the City of New Berlin.
D.
Applicability and jurisdiction.
(1)
Applicability.
(b)
This section does not apply to the following:
[1]
A construction project that is exempted by federal
statutes or regulations from the requirement to have a national pollutant
discharge elimination system permit issued under Chapter 40, Code
of Federal Regulations, Part 122, for land-disturbing construction
activity.
[2]
Nonpoint discharges from agricultural facilities
and practices.
[3]
Nonpoint discharges from silviculture activities.
[4]
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.
[5]
Transportation facilities, except transportation
facility construction projects that are part of a larger common plan
of development such as local roads within a residential or industrial
development.
(c)
Notwithstanding the applicability requirements in Subsection D(1)(a), this section applies to construction sites of any size that, in the opinion of the City of New Berlin, are likely to carry sediment and pollutants to downstream stormwater facilities and waters of the state or which degrades safe and healthful conditions or endangers property, the environment, or downstream facilities.
(d)
Applicability of maximum extent practicable. Maximum extent
practicable applies when a person who is subject to a performance
standard of this section demonstrates to the City of New Berlin's
satisfaction that a performance standard is not achievable and that
a lower level of performance is appropriate. In making the assertion
that a performance standard is not achievable and that a level of
performance different from the performance standard is the maximum
extent practicable, the responsible party shall take into account
the best available technology, cost effectiveness, geographic features,
and other competing interests such as protection of public safety
and welfare, protection of endangered and threatened resources, and
preservation of historic properties.
(2)
Jurisdiction. This section applies to land-disturbing construction
activity on construction sites located within the boundaries and jurisdiction
of the City of New Berlin.
(3)
Exclusions. This section 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 are subject
to the state plan promulgated or a memorandum of understanding entered
into under § 281.33(2), Wis. Stats.
F.
Technical standards. All BMPs required for compliance with this section
shall meet the design criteria, standards and specifications based
on any of the following:
(1)
Design guidance and technical standards identified and developed
by the Wisconsin Department of Natural Resources under Subchapter
V of Chapter NR 151, Wis. Adm. Code. Copies of these standards are
maintained on the WDNR internet site.
(2)
Soil loss prediction tools [such as the Universal Soil Loss
Equation (USLE)] when using the appropriate rainfall or runoff factor,
also referred to as the R factor, or an appropriate design storm and
precipitation distribution, with consideration given to the geographic
location of the site and the period of disturbance.
(3)
Other standards. Other technical standards may be used, provided
that the methods have been approved by the City Engineer.
G.
Performance standards for construction sites under one acre.
(1)
Responsible party. The responsible party shall implement an erosion and sediment control plan, developed in accordance with Subsection J, that incorporates the requirements of this section.
(2)
Erosion and sediment control practices. Erosion and sediment
control practices at each site where land-disturbing construction
activity is to occur shall be used to prevent or reduce all of the
following:
(a)
The deposition of soil from being tracked onto streets by vehicles.
(b)
The discharge of sediment from disturbed areas into on-site
stormwater inlets.
(c)
The discharge of sediment from disturbed areas into adjacent
waters of the state.
(d)
The discharge of sediment from drainage ways that flow off the
site.
(e)
The discharge of sediment by dewatering activities.
(f)
The discharge of sediment eroding from soil stockpiles existing
for more than seven days.
(g)
The discharge of sediment from erosive flows at outlets and
in downstream channels.
(h)
The transport by runoff into water of the state of chemicals,
cement, and other building compounds and materials on the construction
site during the construction period. However, projects that require
the placement of these materials in waters of the state, such as constructing
bridge footings or BMP installations, are not prohibited by this paragraph.
(i)
The transport by runoff into water of the state of untreated
wash water from vehicle and wheel washing.
(3)
Location. The BMPs used to comply with this section shall be
located so that treatment occurs before runoff enters waters of the
state.
(4)
Implementation. The BMPs used to comply with this section shall
be implemented as follows:
(a)
Erosion and sediment control practices shall be constructed
or installed before land-disturbing activities begin.
(b)
Erosion and sediment control practices shall be maintained until
final stabilization.
(c)
Final stabilization activity shall commence when land-disturbing
activities cease and final grade has been reached on any portion of
the site.
(d)
Temporary stabilization activity shall commence when land-disturbing
activities have temporarily ceased and will not resume for a period
exceeding 14 calendar days.
(e)
BMPs that are no longer necessary for erosion and sediment control
shall be removed by the responsible party.
(5)
Alternate requirements. The City of New Berlin may establish
erosion and sediment control management requirements more stringent
than those set forth in this section if the City of New Berlin determines
that an added level of protection is needed for sensitive resources.
(6)
Sites shall receive final or interim stabilization by no later than
October 15 of each year, or approved by the Director. Sites under
interim stabilization shall be maintained through the winter until
final stabilization can be achieved during the growing season. Stabilization
methods shall adhere to the Wisconsin DNR storm water construction
technical standards for erosion and stabilization practices.
[Added 4-25-2023 by Ord. No. 2668]
H.
Performance standards for construction sites of one acre or more.
(1)
Responsible party. The responsible party shall implement an erosion and sediment control plan, developed in accordance with Subsection J, that incorporates the requirements of this section.
(2)
Plan. A written site-specific plan shall be developed in accordance with Subsection J and implemented for each construction site.
(3)
Erosion and other pollutant control requirements. The plan required under Subsection H(2) shall include the following:
(a)
Erosion and sediment control practices. Erosion and sediment
control practices at each site where land-disturbing construction
activity is to occur shall be used to prevent or reduce all of the
following:
[1]
The deposition of soil from being tracked onto
streets by vehicles.
[2]
The discharge of sediment from disturbed areas
into on-site stormwater inlets.
[3]
The discharge of sediment from disturbed areas
into adjacent waters of the state.
[4]
The discharge of sediment from drainageways that
flow off the site.
[5]
The discharge of sediment by dewatering activities.
[6]
The discharge of sediment eroding from soil stockpiles
existing for more than seven days.
[7]
The discharge of sediment from erosive flows at
outlets and in downstream channels.
[8]
The transport by runoff into water of the state
of chemicals, cement, and other building compounds and materials on
the construction site during the construction period. However, projects
that require the placement of these materials in waters of the state,
such as constructing bridge footings or BMP installations, are not
prohibited by this paragraph.
[9]
The transport by runoff into water of the state
of untreated wash water from vehicle and wheel washing.
(b)
Sediment performance standards. In addition to the erosion and sediment control practices under Subsection H(3)(a), the following erosion and sediment control practices shall be employed:
[1]
BMPs that, by design, discharge no more than five
tons per acre per year, or to the maximum extent practicable, of the
sediment load carried in runoff from initial grading to final stabilization.
[2]
No person shall be required to employ more BMPs
than are needed to meet a performance standard in order to comply
with maximum extent practicable. Erosion and sediment control BMPs
may be combined to meet the requirements of this paragraph. Credit
may be given toward meeting the sediment performance standard of this
paragraph for limiting the duration or area, or both, of land-disturbing
construction activity, or for other appropriate mechanisms.
[3]
Notwithstanding Subsection H(3)(b)[1], if BMPs cannot be designed and implemented to meet the sediment performance standard, the erosion and sediment control plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.
(c)
Preventive measures. The erosion and sediment control plan shall
incorporate all of the following:
[1]
Maintenance of existing vegetation, especially
adjacent to surface waters whenever possible.
[2]
Minimization of soil compaction and preservation
of topsoil.
[3]
Minimization of land-disturbing construction activity
on slopes of 20% or more.
[4]
Development of spill prevention and response procedures.
(d)
Location. The BMPs used to comply with this section shall be
located so that treatment occurs before runoff enters waters of the
state.
(4)
Implementation. The BMPs used to comply with this section shall
be implemented as follows:
(a)
Erosion and sediment control practices shall be constructed or installed before land-disturbing activities begin in accordance with the erosion and sediment control plan developed in Subsection H(2).
(b)
Erosion and sediment control practices shall be maintained until
final stabilization.
(c)
Final stabilization activity shall commence when land-disturbing
activities cease and final grade has been reached on any portion of
the site.
(d)
Temporary stabilization activity shall commence when land-disturbing
activities have temporarily ceased and will not resume for a period
exceeding 14 calendar days.
(e)
BMPs that are no longer necessary for erosion and sediment control
shall be removed by the responsible party.
(5)
Alternate requirements. The City of New Berlin may establish
erosion and sediment control management requirements more stringent
than those set forth in this section if the City of New Berlin determines
that an added level of protection is needed for sensitive resources.
(6)
Sites shall receive final or interim stabilization by no later than
October 15 of each year, or approved by the Director. Sites under
interim stabilization shall be maintained through the winter until
final stabilization can be achieved during the growing season. Stabilization
methods shall adhere to the Wisconsin DNR storm water construction
technical standards for erosion and stabilization practices.
[Added 4-25-2023 by Ord. No. 2668]
I.
Permitting requirements, procedures and fees.
(1)
Permit required. No responsible party may commence a land-disturbing
construction activity subject to this section without receiving prior
approval of an erosion and sediment control plan for the site and
a permit from the City of New Berlin.
(2)
Permit application and fees. The responsible party desiring to undertake a land-disturbing construction activity subject to this section shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of Subsection J and shall pay an application fee as required in Subsection K to the City of New Berlin. By submitting an application, the applicant is authorizing the City of New Berlin to enter the site to obtain information required for the review of the erosion and sediment control plan.
(3)
Review and approval of permit application. The City of New Berlin
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:
(a)
Within 20 business days of the receipt of a complete permit application, as required by Subsection I(2), the City of New Berlin shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this section.
(b)
If the permit application and erosion and sediment control plan
are approved, the City of New Berlin shall issue the permit.
(c)
If the permit application or erosion and sediment control plan
is disapproved, the City of New Berlin shall state in writing the
reasons for disapproval.
(d)
The City of New Berlin may request additional information from
the applicant. If additional information is submitted, the City of
New Berlin shall have 20 business days from the date the additional
information is received to inform the applicant that the erosion and
sediment control plan is either approved or disapproved.
(e)
Failure by the City of New Berlin to inform the permit applicant
of a decision within 30 business days of a required submittal shall
be deemed to mean approval of the submittal and the applicant may
proceed as if a permit had been issued.
(4)
Surety bond. As a condition of approval and issuance of the
permit, the City of New Berlin may require the applicant to deposit
a surety bond or irrevocable letter of credit to guarantee a good
faith execution of the approved erosion and sediment control plan
and any permit conditions.
(5)
Permit requirements. All permits shall require the responsible
party to:
(a)
Notify the City of New Berlin within 48 hours of commencing
any land-disturbing construction activity.
(b)
Notify the City of New Berlin of completion of any BMPs within
14 days after their installation.
(c)
Obtain permission in writing from the City of New Berlin prior to any modification pursuant to Subsection J(3) of the erosion and sediment control plan.
(d)
Install all BMPs as identified in the approved erosion and sediment
control plan.
(e)
Maintain all road drainage systems, stormwater drainage systems,
BMPs and other facilities or pollutant control measures identified
in the erosion and sediment control plan.
(f)
Site dewatering. Water pumped from the site shall be treated
by temporary sedimentation basins, grit chambers, sand filters, upflow
chambers, hydro-cyclones, swirl concentrators or other appropriate
controls designed and used to remove particles of 100 microns or greater
for the highest dewatering pumping rate. If the water is demonstrated
to have no particles greater than 100 microns during dewatering operations,
then no control is needed before discharge, except as determined by
the City Engineer. Water may not be discharged in a manner that causes
erosion of the site or receiving channels.
(g)
Water and material disposal. All waste and unused building materials,
including garbage, debris, cleaning wastes, wastewater, toxic materials
or hazardous materials, shall be properly disposed and not allowed
to be carried by runoff into a receiving channel or storm sewer system.
(h)
Tracking. Each site shall have graveled roads, access drives
and parking areas of sufficient width and length to prevent sediment
or other native material from being tracked onto public or private
roadways. Any such material, mud or dirt reaching a public or private
road shall be removed by street cleaning, not flushing, as determined
by the city and no later than the end of each workday on a project.
Street cleaning shall consist of removing all the material off the
roadways, leaving the street clean of any sediment. All removed material
shall be disposed of properly.
(i)
Drain inlet protection. All storm drain inlets shall be protected
with a straw bale, filter fabric or equivalent barrier meeting accepted
design criteria, standards and specifications.
(j)
Site erosion control. The following criteria apply only to land
development or land-disturbing activities that may reasonably be expected
to result in runoff leaving the site:
[1]
Channelized runoff from adjacent areas passing
through the site shall be diverted around disturbed areas, if practical.
Otherwise, the channel shall be protected as described below in Subsection
I(5)(j)[3][c]. Sheetflow runoff from adjacent areas greater than 10,000
square feet in area shall also be diverted around disturbed areas,
unless shown to have resultant runoff velocities of less than 0.5
feet per second across the disturbed area for the set of one-year
design storms. Diverted runoff shall be conveyed in a manner that
will not erode the conveyance and receiving channels.
[2]
All activities on the site shall be conducted in
a logical sequence to minimize the area of bare soil exposed at any
one time.
[3]
Runoff from the entire disturbed area on the site
shall be controlled by meeting either Subsection I(5)(j)[a] and [b]
or Subsection I(5)(j)[a] and [c].
[a]
All disturbed ground left inactive for seven or
more days shall be stabilized by seeding or sodding (only available
prior to September 15) or by mulching, covering or other equivalent
control measure. Due to inclement weather or extenuating circumstances,
the City Engineer may vary this requirement up to 21 days.
[b]
For sites with more than 10 acres disturbed at
one time or if a channel originates in the disturbed area, one or
more sedimentation basins shall be constructed. Each sedimentation
basin shall have a surface area of at least 1% of the area draining
to the basin and at least three feet of depth and constructed in accordance
with accepted design specifications. Sediment shall be removed to
maintain a depth of three feet. The basin shall be designed to trap
sediment greater than 15 microns in size, based on the set of one-year
design storms having durations of 0.5 to 24 hours. The basin discharge
rate shall also be sufficiently low as to not cause erosion along
the discharge channel or the receiving water.
[c]
For sites with less than 10 acres disturbed at
one time, filter fences, straw bales or equivalent control measures
shall be placed along all sideslope and downslope sides of the site.
If a channel or area of concentrated runoff passes through the site,
filter fences shall be placed along the channel edges to reduce sediment
reaching the channel.
[4]
Any soil or dirt storage piles containing more
than 10 cubic yards of material should not be located with a downslope
drainage length of less than 25 feet to a roadway or drainage channel.
If remaining more than seven days, they shall be stabilized by mulching,
vegetative cover, tarps or other means. Filter fence barriers or straw
bales shall be placed immediately on the downslope side of the piles.
In-street utility repair or construction soil or dirt storage piles
located closer than 25 feet of a roadway or drainage channel must
be covered with tarps or suitable alternative control if exposed for
more than seven days and the storm drain inlets must be protected
with straw bale or other appropriate filtering barriers.
[5]
Runoff from sites on slopes of 12% or more slope may require additional or different controls than listed in Subsection I(5)(j)[3] above. Requirements for such slopes shall be as specified by the City Engineer.
(k)
Windborne materials. Control of soil particles carried from
the site by wind is also required. Control measures shall be as directed
by the City Engineer as dictated by weather conditions.
(l)
Repair any siltation or erosion damage to adjacent lands and
drainageways resulting from land-disturbing construction activities
and document repairs in a site erosion control log.
(m)
Inspect the BMPs within 24 hours after each rain of 0.5 inches
or more which results in runoff during active construction periods,
and at least once each week make needed repairs and document the findings
of the inspections in a site erosion control log with the date of
inspection, the name of the person conducting the inspection, and
a description of the present phase of the construction at the site.
(n)
Allow the City of New Berlin 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. Keep a copy of the erosion and sediment control
plan at the construction site.
(7)
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 City of New Berlin may extend the period one
or more times for up to an additional 180 days. The City of New Berlin
may require additional BMPs as a condition of the extension if they
are necessary to meet the requirements of this section.
(8)
Maintenance. The responsible party throughout the duration of
the construction activities shall maintain all BMPs necessary to meet
the requirements of this section until the site has undergone final
stabilization.
(9)
BMPs that are no longer necessary for erosion and sediment control
must be removed by the responsible party.
J.
Erosion and sediment control plan, statement, and amendments.
(1)
Erosion and sediment control plan.
(a)
An erosion and sediment control plan shall be prepared and submitted
to the City of New Berlin.
(b)
The erosion and sediment control plan shall be designed to meet the performance standards in Subsection H and other requirements of this section.
(c)
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:
[1]
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.
[2]
Description of the site and 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.
[3]
Description of the intended sequence of major land-disturbing
construction activities for major portions of the construction site,
including stripping and clearing; rough grading; construction of utilities,
infrastructure, and buildings; and 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.
[4]
Estimates of the total area of the site and the
total area of the site that is expected to be disturbed by land-disturbing
construction activities.
[6]
Existing data describing the surface soil as well
as subsoils.
[7]
Depth to groundwater, as indicated by Natural Resources
Conservation Service soil information where available.
[8]
Name of the immediate named receiving water from
the United States Geological Service 7.5 minute series topographic
maps.
(d)
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
not greater than 100 feet per inch and at a contour interval not to
exceed two feet:
[1]
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.
[2]
Boundaries of the construction site.
[3]
Drainage patterns and approximate slopes anticipated
after major grading activities.
[4]
Areas of soil disturbance.
[5]
Location of major structural and nonstructural
controls identified in the plan.
[6]
Location of areas where stabilization BMPs will
be employed.
[7]
Areas which will be vegetated following land-disturbing
construction activities.
[8]
Area(s) and location(s) of wetland on the construction
site and locations where stormwater is discharged to a surface water
or wetland within 1/4 mile downstream of the construction site.
[9]
Area(s) used for infiltration of post-construction
stormwater runoff.
[10]
An alphanumeric or equivalent grid overlying the
entire construction site map.
(e)
Each erosion and sediment control plan shall include a description
of appropriate control BMPs that will be installed and maintained
at the construction site to prevent pollutants from reaching waters
of the state. The erosion and sediment control plan shall clearly
describe the appropriate erosion and sediment control BMPs for each
major land-disturbing construction activity and the timing during
the period of land-disturbing construction activity that the erosion
and sediment control BMPs will be implemented. The description of
erosion and sediment control BMPs shall include, when appropriate,
the following minimum requirements:
[1]
Description of interim and permanent stabilization
practices, including a BMP implementation schedule. The erosion and
sediment control plan shall ensure that existing vegetation is preserved
where attainable and that disturbed portions of the site are stabilized.
[2]
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 City of New Berlin, structural measures
shall be installed on upland soils.
[3]
Management of overland flow at all areas of the
construction site, unless otherwise controlled by outfall controls.
[4]
Trapping of sediment in channelized flow.
[5]
Staging land-disturbing construction activities
to limit exposed soil areas subject to erosion.
[6]
Protection of downslope drainage inlets where they
occur.
[7]
Minimization of tracking at all vehicle and equipment
entry and exit locations of the construction site.
[8]
Clean up of off-site sediment deposits.
[9]
Proper disposal of building and waste materials
at all sites.
[10]
Stabilization of drainageways.
[11]
Control of soil erosion from dirt stockpiles.
[12]
Installation of permanent stabilization practices
as soon as possible after final grading.
[13]
Minimization of dust to the maximum extent practicable.
(f)
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 non-erosive
flow from the structure to a watercourse so that the natural physical
and biological characteristics and functions are maintained and protected.
(2)
Erosion and sediment control plan statement. For each construction site identified under Subsection D(1), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the City of New Berlin. The erosion and sediment control plan statement shall briefly describe the site, the development schedule, and the BMPs that will be used to meet the requirements of this section. A site map shall also accompany the erosion and sediment control plan statement.
(3)
Amendments. The applicant shall amend the erosion and sediment
control plan if any of the following occur:
(a)
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 erosion and sediment control plan.
(b)
The actions required by the erosion and sediment control plan
fail to reduce the impacts of pollutants carried by construction site
runoff.
(c)
The City of New Berlin notifies the applicant of changes needed
in the plan.
(4)
Content of control plan statement for land-disturbing and land
development activities covering less than one acre, but meeting the
applicability requirements stated herein. An erosion control plan
statement, with simple map, shall be submitted to briefly describe
the site and erosion controls, including the site development schedule,
that will be used to meet the requirements of this chapter.
(5)
Review of control plan. Within 30 days of receipt of the application,
control plan or control plan statement and fee, the City Engineer
shall review the application and control plan to determine if the
requirements of this chapter are met. The City Engineer may request
comments from other departments or agencies. If the requirements of
this chapter are met, the City Engineer shall approve the plan, inform
the applicant and issue a permit. If the conditions are not met, the
City Engineer shall inform the applicant in writing and may either
require needed information or disapprove the plan. Within 20 days
of receipt of needed information, the City Engineer shall again determine
if the plans meet the requirements of this chapter. If the plan is
disapproved, the City Engineer shall inform the applicant in writing
of the reasons for the disapproval.
K.
Fee schedule. The fees referred to in other sections of this section
shall be established by the City of New Berlin and may from time to
time be modified by resolution. A schedule of the fees established
by the City of New Berlin shall be available for review in the City
Hall.
(1)
Surety bond. As a condition of approval and issuance of the
permit, the City Engineer may require the applicant to deposit a surety
bond, irrevocable letter of credit or other financial guaranty as
approved by the City Attorney to guarantee a good faith execution
of the approved control plan and any permit conditions. This shall
be in the amount of not less than the cost of construction of the
erosion and sediment control practices and shall include all phases
of the plan from the clearing and stockpiling operations to final
grading and landscaping, including a maintenance guaranty for a period
of not less than two years from the commencement of construction.
The City shall have the authority to use the funds to complete the
project if the landowner defaults or does not properly implement the
approved plan. A performance bond may be replaced with a maintenance
agreement for a stated period of time in an amount equal to a percentage
of the cost of the construction of the improvements and usually between
10% and 15%.
(2)
Fees. A nonrefundable fee as set by the Common Council will
be required of the permittee at initial application. In such cases
where in the opinion of the City Engineer the scope of the proposed
work is such that the fee is not sufficient to cover costs likely
to be incurred by the city in reviewing and monitoring the erosion
control plan, the permittee will be provided with an estimate of the
additional required funds as part of the initial review. To obtain
the permit, the permittee must deposit money with the city, post a
bond or make other adequate financial arrangements to assure that
the costs will be paid.
L.
Inspection. If land-disturbing construction activities are occurring
without a permit required by this section, the City of New Berlin
may enter the land pursuant to the provisions of § 66.0119(1),
(2) and (3), Wis. Stats.
M.
Enforcement.
(1)
The City of New Berlin may post a stop-work order if any of
the following occurs:
(2)
If the responsible party does not cease activity as required
in a stop-work order posted under this section or fails to comply
with the erosion and sediment control plan or permit conditions, the
City of New Berlin may revoke the permit.
(3)
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the City of New Berlin, or if a responsible party violates a stop-work order posted under Subsection M(1), the City of New Berlin may request the City Attorney to obtain a cease-and-desist order in any court with jurisdiction.
(5)
After posting a stop-work order under Subsection M(1), the City of New Berlin may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this section. The City of New Berlin may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the City of New Berlin, plus interest at the rate authorized by City of New Berlin shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Subch. VII of Ch. 66, Wis. Stats.
(6)
Any person violating any of the provisions of this section shall
be subject to a forfeiture of not less than $500 nor more than $1,000
and the costs of prosecution for each violation. Each day a violation
exists shall constitute a separate offense.
(7)
Compliance with the provisions of this section 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.
N.
Appeals.
(1)
Board of Appeals. The Board of Appeals created pursuant to § 275-16 of this chapter pursuant to § 62.234(4)(b), Wis. Stats.:
(a)
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the City of New Berlin in administering this section except for cease-and-desist orders obtained under Subsection M(3).
(b)
Upon appeal, the Board may authorize variances from the provisions
of this section which are not contrary to the public interest and
where owing to special conditions a literal enforcement of the provisions
of the ordinance will result in unnecessary hardship; and
(c)
Shall use the rules, procedures, duties and powers authorized
by statute in hearing and deciding appeals and authorizing variances.
(2)
Who may appeal. Appeals to the Board may be taken by any aggrieved
person or by any office, department, board, or bureau of the City
of New Berlin affected by any decision of the City of New Berlin.
B.
Discharges prohibited. No person shall discharge, spill or dump substances
or materials which are not entirely composed of stormwater into receiving
bodies of water or onto driveways, sidewalks, parking lots or other
areas that drain into the storm drainage system.
C.
Connections prohibited. The construction, use, maintenance or continued
existence of illicit connections to the storm drainage system is prohibited.
This prohibition expressly includes, without limitation, illicit connections
made prior to the adoption of this section, regardless of whether
the connection was permissible under law or practice applicable or
prevailing at the time of construction.
D.
Exemptions. The following activities are exempt from the provisions
of this section unless found to have an adverse impact on the stormwater:
(1)
Discharges authorized by a permit issued by the Wisconsin Department
of Natural Resources.
(2)
Discharges resulting from firefighting activities.
(3)
Discharges from uncontaminated groundwater, potable water sources,
roof drains, foundation drains and sump pumps, air-conditioning condensation,
springs, lawn watering, individual residential car washing, water
main and hydrant flushing, and swimming pools if the water has been
dechlorinated.
E.
Enforcement. Whenever the City finds a person has violated a prohibition
or failed to meet a requirement of this section, the City may order
compliance by written notice of violation to the responsible person.
Such notice may require, without limitation:
(1)
The elimination of illicit connections or discharges;
(2)
That violating discharges, practices, or operations shall cease
and desist;
(3)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(4)
In the event the person fails to eliminate the illicit connections
or discharge, fails to cease and desist in discharges, practices or
operations in violation of this section, or fails to abate or remediate
the stormwater pollution or contamination hazards, that person may
be subject to a forfeiture of not less than $100 nor more than $1,000
for each offense, together with the cost of prosecution. Each day
that the violation exists shall constitute a separate offense.
(5)
In the event that an illicit discharge is identified and emergency
cleanup action is undertaken by the City, WDNR, or other authority
having jurisdiction, the persons may be subject to all associated
cleanup costs incurred.
A.
Philosophy and purpose.
(1)
Design philosophy. The City of New Berlin encourages a natural approach
to landscape design, utilizing large massing of shrubs and perennials
which provide an established, healthy, vigorous landscape. Plant material
should be arranged as a series of rhythmic layers, with the larger
plant materials located to the back of the border and shorter shrubs/perennials
located near the front of the border. Rhythm, as in nature, is created
through the repetition of form, texture, and color; trees are generally
clustered in groups, rather than as equally spaced trees. When walls
or architectural fencing is used, plant materials should be placed
intermittently along them to create a softening affect.
(2)
General purpose. The purpose of these regulations is to provide for
the City of New Berlin:
(a)
To aid in stabilizing the environment's ecological balance by
contributing to the processes of air purification, oxygen regeneration,
and stormwater runoff retardation, while at the same time aiding in
noise, glare and heat abatement.
(b)
To ensure that the local stock of native trees and vegetation
is preserved and replenished.
(c)
To provide visual buffering and enhance the beautification of
the City.
(d)
To safeguard and enhance property values and to protect public
and private investment.
(e)
To preserve and protect the unique identity and environment
of the City of New Berlin and preserve the economic base attracted
to the City of New Berlin by such factors.
(f)
To conserve energy, water, and natural resources through the
use of applicable landscape materials and maintenance procedures and
strategies.
(g)
To protect the public health, safety and general welfare.
B.
Applicability. All multifamily dwellings and nonresidential development
shall be landscaped in accordance with this section and shall submit
a landscaping plan as part of the required site plan.
(1)
In cases where development landscaping cannot be met in full due
to site constraints, the Department of Community Development may waive
the requirement or substitute alternative landscaping quantities or
methods through the use of low-impact/sustainable design, alternative
stormwater best management practices/green infrastructure (which may
include, but are not limited to, bioretention, infiltration, pervious
surfaces, green roofs, rain gardens, underground storage, and/or rain
harvesting/reuse).
C.
General provisions.
(1)
Landscape plans.
(a)
All landscape plans submitted shall be prepared by a qualified
or licensed landscape architect, forester, master gardener and/or
landscape professional.
(2)
Fiscal security.
(a)
At the time of final execution of a certified survey map, subdivision
plat or landscape plan with the City, the owner is required to make
a fiscal arrangement, either by bond, escrowed funds, certificate
of deposit or letter of credit, with the City to ensure that the owner
is in full compliance with landscape installation and maintenance
requirements.
(b)
The developer shall submit a cost estimate for the landscaping
based on actual bids or qualified or licensed landscape architect,
forester, master gardener and/or landscape professional estimate.
The actual surety shall be 100% of the accepted bid.
(c)
Additionally, a maintenance portion of the surety is required
to ensure that the landscape installation is maintained during its
critical establishment (three-year) period following installation.
The amount of the maintenance portion of the surety shall be 20% of
the original surety.
(d)
After the critical three-year establishment period following
initial installation, the developer shall be responsible for continued
maintenance until such time when the homeowners' association or designee
shall be responsible for the perpetual care and maintenance of the
required landscape area.
(e)
Any owner must also grant a temporary access easement and license
to the City or its licensed contracted agent to enter upon the land
for the purposes of installing the required landscaping for the length
specified for maintenance compliance, typically three years, in the
event that such landscaping is not in place by the date specified
in the agreement.
(f)
Should the City have to provide for full compliance, the applicant
will forfeit the fiscal deposit. Such fiscal arrangements shall be
released when landscape improvement verification and compliance is
received.
(g)
Return of fiscal security.
[1]
Installation security. When it is determined that the landscaping
has been installed in accordance with an approved landscape plan,
the City of New Berlin shall return the surety to the applicant.
[2]
Maintenance security. After a period of three years has passed
from the date at which the installation was accepted by the City,
the maintenance security shall be returned to the applicant after
an inspection has been completed by the City of New Berlin that there
has been no loss of plant materials in terms of both quantity and
health.
[3]
The Department of Community Development shall authorize the
refunding of the deposits.
(h)
A qualified or licensed landscape architect, forester, master
gardener and/or landscape professional shall perform the final inspection
of the site to ensure adherence to the landscape plan and required
installation techniques per this chapter. The qualified or licensed
landscape architect, forester, master gardener and/or landscape professional
will be required to sign a letter of compliance before the fiscal
security will be released. The City of New Berlin must also concur
with the letter of compliance before the fiscal security will be released.
(i)
Required securities shall be as follows:
[1]
Installation compliance security. A fiscal arrangement on file
in the Department of Community Development shall be deposited with
the City at the time of execution of an approved zoning permit and/or
development agreement.
[2]
Maintenance compliance security. A fiscal arrangement on file
in the Department of Community Development shall be deposited with
the City at the time of execution of an approved zoning permit and/or
development agreement.
(3)
New plant materials.
(a)
Native or adapted plants. In order to assure adequate growth
and survival of new plantings, all landscape plans shall utilize only
native or adapted plants that reflect the surrounding plant materials
and environment.
(b)
Tree installation.
[1]
New trees shall be properly planted in accordance with recommended
planting procedures by the International Society of Arboriculture.
See Figure VIII-3 and the following instructions.
[2]
Minimum procedures.
[a]
All ropes and ties shall be removed from around
the tree and root ball.
[b]
Remove as much of the wire basket as possible.
[c]
Cut any burlap away from at least the top half
of the root ball.
[d]
Dig a shallow, broad planting hole that, where
room allows, is as much as three times the diameter of the root ball
but only as deep as the root ball.
[e]
Identify the trunk flare that should be partially
visible after the tree has been planted.
[f]
Place the tree at the proper height and set the
root ball on firmly packed soil to prevent settling.
[g]
Straighten the tree and then fill the hole, gently
but firmly, using water to settle the soil around the root ball.
[h]
Stake the tree, if necessary, using two opposing,
flexible ties.
(4)
Existing plant materials. Healthy, existing trees and shrubs shall be incorporated into the landscape to the maximum extent feasible, per the requirements of Subsection C(3)(b) above.
(5)
Plant protection. All planting beds shall be provided with weed barriers,
mulched, and provided with a permanent edge or curbing.
(6)
Species mix. To prevent uniform insect or disease susceptibility
on a development, in an adjacent area or within a district, species
diversity is required and extensive monocultures are prohibited. The
following minimum requirements shall apply to any development:
Table 275-56-1
| ||
---|---|---|
Number of Trees on Site
|
Maximum Percentage of any 1 Species
| |
10 - 19
|
50%
| |
20 - 39
|
40%
| |
40 - 59
|
30%
| |
60 or more
|
20%
|
(7)
(8)
Plant quality.
(a)
All plants shall meet the standards of "American Standard of
Nursery Stock," ANSI Z60.1-1996 (as amended), American Association
of Nurserymen specifications for Number 1 grade, and shall be of normal
health, height and leaf density, and shall be free of any defects.
(b)
Plants shall meet all requirements of federal, state, and local
law with respect to plant type, labeling, nursery or plant inspection,
disease, insect and other pest infestation, and any other requirements.
(c)
Substandard "B-grade" or "park grade" plants are not acceptable.
(10)
Restoration and revegetation of disturbed areas. All open areas
not occupied by buildings, parking, or storage shall be sodded and/or
revegetated. Exceptions to this requirement may be permitted when:
(11)
(Reserved)
(12)
Slopes and berms. Slopes and berms steeper than three feet horizontal
to one foot vertical shall not be permitted without special treatment,
such as terracing or retaining walls, as approved by the Department.
(13)
Location of required landscaping.
(a)
Placement; minimum guidelines.
[1]
The hardiest species of plantings (including those engineered
for high-traffic areas) in the highest vehicular and pedestrian traffic
areas;
[2]
The native species of shade trees away from the highest vehicular
and pedestrian traffic areas;
[3]
Located to not obscure vehicle sight distances;
[4]
Located so future growth is not over a sidewalk or parking/drive
area;
[5]
Located to soften tall and long building walls;
[6]
Emphasis of plantings within buffer yards; and
[7]
Any fruit-bearing trees located away from parking/drive areas.
(b)
All required landscaping shall be located outside the base setback
line unless it is part of an approved landscaping plan.
(c)
All required landscaping elements shall be located on the property
they serve. Landscaping located on adjacent properties or street rights-of-way
shall not count toward the landscaping requirements of this section
unless prior approval is obtained from staff.
(d)
Consideration shall be given to the mature height and spread
of a tree during the planning of landscaping. No tree shall be located
in such a manner as to extend beyond the lot line once it has reached
its mature size.
(e)
No landscaping shall be located within a utility easement, drainage
easement, or road right-of-way except for seeding or sodding with
prior approval by the Director.
(f)
No encroachment by structures, berms, trees, shrubs, paved surfaces
or changes in grade greater than four inches is allowed in easement
areas without approval of the Director.
(14)
Maintenance.
(a)
General requirements.
[1]
Environmental quality and its protection is a high priority.
Modification or horticultural practices to respond to changing environmental
conditions can minimize pest problems. The landscape investment needs
to be protected from pest damage. This fact needs to be balanced with
the goal of protecting the neighboring waters, soils, flora and fauna
from damaging chemical buildup. Environmental conditions, such as
temperature, humidity, rainfall, and snow cover, influence pest populations
and can help to predict periods when pests are likely to reach unacceptable
levels. These factors can be weighted with field monitoring to determine
when pest controls are necessary and which control method will be
most effective.
[2]
Mechanical and biological controls are preferred over pesticide
applications. When used, nontoxic chemicals and biodegradable chemicals
are preferred. Applications of pesticides in the environment should
be pest-specific, time-specific, quantity-controlled and monitored
for effectiveness. Pesticide use should not become routine or institutionalized
on a "blind" schedule. As chemical technology changes, it is important
to stay current on all integrated pest-management techniques.
[3]
The goal of the landscape maintenance requirements is to provide
a well-maintained landscape in the most-visible public areas of the
development emphasizing minimum environmental impact with reduced
chemical use.
[4]
In manicured landscape areas, weekly lawn mowing will be necessary,
including spring cleanup, control of broadleaf weeds, attention to
fertilization, pruning of woody plant material, edging of planting
beds and leaf removal in the fall.
(b)
Required maintenance practices.
[1]
The developer shall be responsible for the upkeep and continued
maintenance of the required landscape materials as per the maintenance
standards set forth in this subsection. They include:
[a]
The regular maintenance of all required landscape
areas and plant materials in a vigorous and healthy condition, free
from diseases, pests, weeds, and litter. This maintenance shall include
weeding, watering, fertilizing, pruning, mowing, edging, mulching
or other needed maintenance in accordance with generally accepted
horticultural practices.
[b]
The maintenance, repair or replacement of landscape
structures (walls, architectural features, etc.) to a structurally
sound condition.
[c]
Plant replacement. Any plant materials included
in an approved landscaping plan that do not survive a plant establishment
period of three years after installation shall be replaced with plant
material(s) of the same or like species of equal size within the next
planting season, but in any event within 12 months of the plant's
demise. Said replacement shall be made by the property owner or, in
the case of landscape plant materials located within a landscape easement
under the control of a homeowners' association, the homeowners' association
shall be responsible for said replacement. Should the replacement
not occur in accordance with this section, the City of New Berlin
may cash the applicant's maintenance surety and perform the replacement.
[2]
Failure to regularly maintain as described in these maintenance
requirements shall constitute a violation of this provision and may
be enforced in accordance with the City of New Berlin building inspection
policy. Notice of noncompliance may be issued to the owner, requiring
immediate attention to conform to these maintenance requirements.
The City may correct, repair or replace landscape materials as required
by this subsection. Costs for such repair, or replacement within the
first three years, will be covered by the developer's maintenance
surety.
[3]
Required plant materials, if dead, diseased, or severely damaged,
shall be removed by the owner as soon as possible but no later than
60 days after notification. All such plants shall be replaced within
60 days of notification or by the next planting season, whichever
comes first.
[4]
Replacement plants must be of the same size and species as shown
on the approved landscape plan or must be equivalent in terms of quality
and size. Such replacement will not be considered an amendment to
the approved plan.
[5]
All water shall be provided by the owner with adequate hose
bibs and/or hydrants.
[6]
All fertilizers and pesticides shall be applied in accordance
with manufacturer's directions. Where alternate products are available,
the environmental impact of the products shall govern which is used.
[7]
Wood mulch. Maintain at a depth of three to four inches; apply
annually as needed.
[8]
Stone mulch. Maintain at a depth of two to three inches; clean
and remove leaf and windblown debris and apply fresh stone as needed.
[9]
Watering. All trees shall be watered as necessary to maintain
vigor. On average, trees require one inch of rainfall a week. Supplemental
watering is necessary if this rainfall does not occur. Water availability
is particularly critical during the tree's transition periods: when
the tree is putting on new leaves and again at leaf drop. Plants should
not be watered until a moisture check has been made of representative
plants in the landscape. Check the soil to a depth of four inches.
If it is still moist, don't water. Overwatering will suffocate the
roots and kill the tree. This is particularly true in the heavy, clay
soils. Maintain a large enough mulch saucer around the perimeter of
the root zone to fill with water. All properties within the City are
encouraged to use water conservation techniques as outlined in the
City of New Berlin Water Conservation Plan, including but not limited
to the following.
[a]
Rain gardens;
[b]
Low-flow fixtures;
[c]
Rain barrels;
[d]
Rain-harvesting tanks;
[e]
Water harvesting for landscape irrigation;
[f]
Limit watering landscaping between the hours of
9:00 a.m. and 9:00 p.m., when possible; and
[g]
Watering through the use of a hand-held watering
can or other hand-held container or hose is encouraged, provided any
such watering device is utilized manually and in conjunction with
an automatic hand-held shutoff valve.
[10]
New lawns should be watered at such frequency
as weather conditions require, replenishing soil moisture four to
six inches below the root zone.
[11]
Pruning.
[a]
Damaged trees or those that constitute health or
safety hazards shall be pruned at any time of the year as required.
[b]
Remove dead, diseased or damaged branches that
are smaller in diameter than the trunk or branch to which they are
attached, which have a vertical spacing of from 18 to 48 inches and
radial orientation, so as not to overlay one another.
[c]
Remove branches clean and close to the main branch
without leaving stubs.
[12]
Mowing. Turf should be kept at a height of two
to three inches. Mowing should be done frequently enough so that no
more than 1/3 of the grass blade is removed per cutting. Cutting away
half or more of the grass stems at once exposes stems that have been
shaded and may burn in strong sunlight and also shocks the root, requiring
recovery time. Mowing equipment such as mulching mowers shall be used
as often as possible to permit recycling of clippings. Blades on all
equipment should be kept sharp to prevent the tearing of the grass
blades. Grass adjacent to fixed objects should be trimmed to the same
height as the general turf.[1]
[1]
Editor's Note: Former §Subseciton C(15) Vision clearance
triangle, as amended, was repealed 10-13-2020 by Ord. No. 2642.
D.
Landscaping requirements for multifamily and nonresidential uses.
(1)
All multifamily and nonresidential land uses shall install at least
one tree and three shrubs for every 3,600 square feet of lot area
covered by open space. This landscaping shall be in addition to any
parking lot perimeter requirements set forth in this chapter. This
landscaping may be credited toward the parking interior landscaping
requirements set forth in this chapter.
(2)
A minimum of 60% of the required landscaping shall be located in
the front yard.
(3)
Trees shall be no closer than seven feet from any structure and shall
be installed with at least 50 square feet of nonpaved area around
the trunk.
(4)
Planting beds may contain a combination of living plant materials
and mulch. However, living plant materials shall comprise no less
than 50% of the required planting beds.
(5)
Plant materials shall be located to enhance views from public streets
and sidewalks.
(6)
Any existing trees and shrubs that shall be preserved and are protected during construction according to specifications in § 275-54A(5) shall be credited against this landscaping requirement.
(7)
When demonstrated by the applicant that the development site cannot
or should not be landscaped in accordance within the landscape provisions
of this chapter, the Department of Community Development may waive
certain requirements or substitute alternative landscaping quantities
or methods through the use of low-impact/sustainable design, alternative
stormwater best management practices/green infrastructure (which may
include, but are not limited to, bioretention, infiltration, pervious
surfaces, green roofs, rain gardens, underground storage, and/or rain
harvesting/reuse).
E.
Parking lot landscaping.
(1)
Purpose and intent. It is the intent of these standards to require
screening along parking lots adjacent to the required street yard
to enhance the visual quality of commercial districts by developing
visual relief from the expanse of asphalt, concrete and vehicles.
It is encouraged that the landscape development of the screening buffer
take on a more natural appearance, where organic lines are used over
straight formal lines.
(2)
Perimeter landscaping.
(a)
Applicability. All parking lots containing five or more spaces
shall provide perimeter landscaping pursuant to this section:
(b)
Minimum planting requirements.
[1]
A minimum of one shade or evergreen tree per 20 linear feet
of parking surfaces and one shrub per five linear feet of parking
surfaces shall be planted along the perimeter of any parking area
when adjacent to an arterial street. A minimum of one shade or evergreen
tree per 30 linear feet of parking surfaces and one shrub per 10 linear
feet of parking surfaces shall be planted along the perimeter of any
parking area when adjacent to any nonarterial street.
[2]
For parking lots adjacent to a side or rear lot line, a minimum
of one evergreen or shade tree per 30 linear feet of parking surfaces
and one shrub per five linear feet of parking surfaces shall be planted
along the perimeter of any parking area when adjacent to a side or
rear lot line.
(c)
General requirements.
[1]
Perimeter planting areas shall be designed to maintain and protect
visibility at driveways and access points.
[2]
Perimeter landscaping shall provide a semi-opaque screen during
the winter season.
[3]
Berms may be utilized as part of the perimeter landscaping.
[4]
Where walls or fences are utilized within perimeter landscaping,
a minimum of one evergreen tree and three shrubs shall be required
every 40 linear feet of wall or fence and shall be planted on the
side of the fence or wall facing the surrounding streets, walks, parks,
trails and other public use properties.
[5]
Plants in perimeter landscaping areas should be grouped instead
of evenly spaced.
(3)
Parking lot interiors. The use of landscaped islands and medians
shall be used to provide positive guidance to motorists and establish
proper driving patterns and/or stormwater best management practices.
(a)
Applicability. All parking lots with 40 or more parking spaces shall comply with these interior parking lot landscaping requirements, unless the Director finds that landscaped islands are not appropriate for a particular site. Landscaping used to fulfill the perimeter parking lot landscaping requirements as outlined in Subsection E(2) shall not be used to satisfy these interior parking lot landscaping requirements.
(b)
General requirements.
[1]
Each individual landscaped island shall include a minimum of
one tree and two shrubs or appropriate stormwater plantings.
[2]
Landscaped islands shall be at least 170 square feet in size
with the smallest dimension of pervious surface being six feet to
allow for adequate root aeration and expansion. Any landscaped island
that is less than 170 square feet in area may not be used in the minimum
five-percent interior landscaping requirement calculation.
[3]
Plant materials shall be chosen and arranged to maximize the
shading of parking spaces.
[4]
Plant materials shall be arranged to minimize obstruction of
parking spaces as well as visibility and access on and off site.
[5]
Landscaped islands shall be dispersed throughout the parking
area in order to break up large areas of surfaced parking.
F.
Buffering and screening.
(1)
Purpose. Buffer yards shall be required around the boundary of all
new developments to separate adjacent incompatible land uses and screen
or soften the detrimental impacts of incompatible uses upon one another
and upon the surrounding property line.
(2)
General provisions.
(a)
Location.
[1]
Buffer yards shall be located between the uses which they are
required to buffer or screen.
[2]
When the same property owner owns and is developing adjoining
parcels, the required buffer yard may be placed on either parcel or
astride the boundary.
[3]
When a different property owner owns the adjacent property,
the buffer yard shall be placed on the property being developed. However,
a buffer that meets the requirement of both parcels may be placed
astride the boundary if a written agreement, signed by both owners,
is filed with the Plan Commission and is recorded in the Waukesha
County Register of Deeds' office to run with the property as a covenant.
(b)
Structures. No structure shall be permitted within a required
buffer other than a wall, landscaping, fence, side path, or earth
berm. As demonstrated by the applicant as due to site constraints,
parking areas and driveways may encroach upon buffer yards up to five
feet with approval from the Department of Community Development. Encroachments
greater than five feet shall be approved by the Plan Commission, and
the applicant shall be required to provide justification for the encroachment.
(3)
Minimum required bufferyard. The following table sets forth the minimum
required bufferyard based upon the adjacent land uses and not the
zoning district. The abbreviations used in the table are described
as follows:
[Amended 1-12-2016 by Ord. No. 2558]
(a)
Moderate bufferyard. An "A" in a cell indicates a moderate bufferyard
is required with a minimum width of 10 feet.
(b)
Average bufferyard. A "B" in a cell indicates an average bufferyard
is required with a minimum width of 15 feet.
(c)
Substantial bufferyard. A "C" in a cell indicates a substantial
bufferyard is required with a minimum width of 25 feet.
(d)
Major bufferyard. A "D" in a cell indicates a major bufferyard
is required with a minimum width of 40 feet.
(e)
No bufferyard required. An "N" in a cell indicates that there
is no minimum bufferyard required.
Table 275-56-2
| ||||||||
---|---|---|---|---|---|---|---|---|
Proposed Use
|
Single- or Two-Family Residen- tial Uses
|
Multi-Family Residen- tial Uses
|
Institu- tional/ Public Semipublic Uses
|
Office or Com- mercial Uses (5,000 square feet
or less)
|
Office or Com- mercial Uses (5,000 square feet
or more)
|
Fully Enclosed Manufactur- ing/ Industrial Uses
(20,000 square feet or less)
|
All M-3 Uses and Other Manufactur- ing/ Industrial
Uses
|
Q-1 or L-1 Uses
|
Adjacent To:
| ||||||||
Single-family or two-family residential uses
|
N
|
A
|
A
|
B
|
C
|
C
|
D
|
D
|
Multifamily residential uses
|
A
|
N
|
A
|
A
|
B
|
C
|
D
|
D
|
Institutional/ public/ semipublic uses
|
A
|
A
|
N
|
A
|
B
|
B
|
C
|
D
|
Office or commercial uses (5,000 square feet or less)
|
B
|
A
|
A
|
N
|
A
|
B
|
D
|
D
|
Office or commercial uses (5,000 square feet or more)
|
C
|
B
|
B
|
A
|
N
|
B
|
C
|
C
|
Fully enclosed manufactur-ing/ industrial uses (20,000
square feet or less)
|
C
|
C
|
B
|
B
|
B
|
N
|
C
|
C
|
All other manufactur- ing/ industrial uses
|
D
|
D
|
C
|
D
|
C
|
C
|
N
|
B
|
Q-1 or L-1 uses
|
D
|
D
|
D
|
D
|
C
|
C
|
B
|
N
|
(4)
Minimum planting requirements. For every 100 linear feet of a buffer
yard, the following number of plants shall be provided for each required
buffer yard as set forth in Table 275-56-3.
Table 275-56-3
| ||||
---|---|---|---|---|
Required Buffer Yard
|
Minimum Trees
(Deciduous or Ornamental) (per 100 linear feet)
|
Minimum Evergreen Trees
(per 100 linear feet)
|
Minimum Shrubs
(per 100 linear feet)
| |
"A"
|
3
|
None
|
3
| |
"B"
|
6
|
3
|
9
| |
"C"
|
12
|
8
|
18
| |
"D"
|
15
|
12
|
24
|
G.
Screening of mechanical equipment and dumpsters.
(1)
Screening of mechanical equipment.
(a)
(b)
Required screening. All mechanical equipment shall be screened
from view to the maximum practical extent as follows:
[1]
Roof-mounted equipment. Roof-mounted mechanical equipment shall
be screened by a parapet wall or similar structural feature that is
an integral part of the building's architectural design. The parapet
wall or similar structure shall be of a height equal to or greater
than the height of the mechanical equipment being screened.
[2]
Wall-mounted equipment. Wall-mounted mechanical equipment that
protrudes more than six inches from the outer building wall shall
be screened from view by structural features that are compatible with
the architecture of the subject building. Wall-mounted mechanical
equipment that protrudes six inches or less from the outer building
wall shall be designed to blend with the color and architectural design
of the subject building.
[3]
Ground-mounted equipment. Ground-mounted mechanical equipment
shall be screened from view by a decorative wall that is compatible
with the architecture and landscaping of a development site. The wall
shall be of a height equal to or greater than the height of the mechanical
equipment being screened.
(c)
Alternative screening. Alternative screening methods, including
but not limited to increased landscaping, larger setbacks and grouping
of equipment may be permitted with the approval of the Director.
(2)
Screening of dumpsters.
(a)
Applicability. All dumpsters shall be screened from view from
any public right-of-way according to the following provisions.
(b)
Required screening.
[1]
Access to dumpster. One side of the dumpster shall remain accessible
for refuse removal and shall be screened by a solid gate with a minimum
height of five feet. The gate shall be maintained in good working
order and shall remain closed except when refuse pickups occur.
[2]
Additional screening. Any side of a dumpster that is not used
for access and is visible from a public right-of-way shall be screened
from view by a solid wall with a minimum height of six feet. The wall
shall be architecturally compatible with other buildings and structures
on the site.
[3]
Alternative screening. Alternative screening methods may be
permitted with the approval of the Plan Commission.
H.
Fences and walls. Fences and walls may be permitted as elements of
a landscape plan and, in some locations, may be used to conceal storage
or other unsightly or conflicting land uses. All fences or walls shall
meet the following requirements:
(1)
Materials. Fences or walls shall be constructed of wood, stone, brick,
decorative concrete block, wrought iron, materials designed to resemble
any of the latter materials, or a combination of any of these materials.
(a)
All fencing shall be finished on both sides, except fencing
that is accessory to a residential use.
(b)
Plywood, particleboard, sheet metal, concrete slabs, concrete
barriers, or similar materials shall not be used in fencing or walls
intended to provide screening or buffering.
(c)
Chain-link fencing, with or without slats, shall not be used
for screening or buffering purposes.
(d)
Barbed wire, electrical fencing and similar fence materials
may only be used in conjunction with a permitted agricultural use.
(2)
Fences and walls abutting public roads. Where opaque or solid fences
or walls will abut a public road, they shall be screened from the
road. Breaks in the screening shall be created along with changes
in the fence's/wall's setback, height or material to provide visual
diversity. Where more than two consecutive rear lots' lines will abut
a public road, it shall be the developer's responsibility to install
a wall or fence that will delineate the property line in order to
assure diversity of setback, screening and streetscape views.
(3)
Required plantings. Where fencing continues for more than 40 feet,
a minimum of one evergreen tree or three shrubs shall be planted along
the outer, public side of the fence for each 40 linear feet.
(4)
Maintenance. Where walls, fences and other structures are an integral
part of the landscape plan, such structures shall be maintained in
good repair. Structures that are leaning, broken, missing parts, peeling
paint, or are in any other way damaged shall be immediately repaired
or replaced.
I.
Enforcement. All plantings are subject to periodic inspections to ensure compliance with the regulations of this section and with the approved landscape plan. Failure to comply with these regulations shall be a violation of this chapter and may be subject to the enforcement and penalties provisions set forth in Article X.
J.
Section 34-35 M-3 District landscape, hardscape, bufferyard, trail
and pedestrian standards. In addition to applicable landscaping requirements
above, the properties zoned M-3 shall adhere to the following:
[Added 1-12-2016 by Ord.
No. 2558]
(1)
Minimum required bufferyard. The minimum bufferyard shall be 40 feet
adjacent to all single-family residential uses.
(a)
Existing plant materials. Healthy, existing trees and shrubs shall be incorporated into the landscape to the maximum extent feasible, per the requirements of § 275-56C(3)(b).
(b)
The buffer at the edge of this district shall be reserved as
a meaningful landscape area. Sufficient landscaping, berming and/or
decorative fencing or garden walls shall be used in these areas to
adequately screen the adjacent uses from the view of the residential
properties.
(c)
Consideration shall be given to plant species to allow sufficient
screening during the winter months.
(2)
Trail requirements.
(a)
As development occurs, off-road or on-road paths and trail connections,
where appropriate to connect to the City's Utility easement/public
trail and on-road bike paths for both residential and non-residential
development to create an interconnected trail system, shall be required.
Plan Commission may waive requirement due to site constraints. All
path and trail connections shall be constructed at the time of development
and public trail easements provided to the City. Requirements shall
include the following:
[1]
Where practical, side paths shall be a minimum of five feet
along local roads, and six feet along collectors or arterials. If
along the back of curb, a minimum of eight feet shall be required.
[2]
Surface treatments. Concrete, or other approved material, shall
be used for all side paths abutting roadways. The use of bricks or
pavers shall be prohibited.
[3]
Where practical, street lights, utility poles, sign posts, fire
hydrants, mailboxes, benches or other street furniture shall not obstruct
the sidewalk width.
[4]
Pedestrian-level lighting may be installed to improve pedestrian
visibility, comfort and security.
(b)
Uniform signage. Any directional signage shall be part of an
overall coordinated sign plan with a theme for placement, lettering
style, color, construction, material and related design considerations
of signs, while at the same time minimizing sign confusion and clutter.
A.
Off-street parking requirements.
(1)
Applicability. In all districts and in connection with every use,
there shall be provided at the time any use or building is erected,
enlarged, extended, increased, used or occupied off-street parking
stalls for all vehicles in accordance with the following provisions.
(2)
Rules for computing parking spaces. The following rules shall apply
when computing parking spaces:
(a)
Multiple uses. Unless otherwise noted or approved, off-street
parking areas serving more than one use shall provide parking in an
amount equal to the combined total of the requirements for each use.
(b)
Fractions. When a measurement of the number of required spaces
results in a fractional number, any fraction of 1/2 or less shall
be rounded down to the next lower whole number, and any fraction of
more than 1/2 shall be rounded up to the next higher whole number.
(c)
Area measurements. Unless otherwise specifically noted, all
square-footage-based parking standards shall be computed on the basis
of gross floor area of the building.
(d)
Occupancy- or capacity-based standards. For the purpose of computing
parking requirements based on employees, students, residents, or occupants,
calculations shall be based on the largest number of persons working
on a single shift, the maximum enrollment or the maximum fire-rated
capacity, whichever is applicable and whichever results in a greater
number of parking spaces; for manufacturing, processing, fabrication
and storage operations, one space per employee for the two consecutive
work shifts with the largest number of employees. In addition, adequate
visitor parking shall be provided.
(e)
Unlisted uses. Upon receiving a development application for
a use not specifically listed in the off-street parking schedule below,
staff shall apply the off-street parking standard specified for the
listed use that is deemed most similar to the proposed use in regards
to use, size and intensity of use. If the staff determines that there
is no use similar in use, intensity or size, the staff may require
the applicant to prepare a parking study. The study must include estimates
of parking demand based on recommendations of the Institute of Traffic
Engineers (ITE), or other acceptable estimates as approved by the
Community Development Director, and should include other reliable
data collected from uses or combinations of uses that are the same
as or comparable with the proposed use. Comparability will be determined
by density, scale, bulk, area, type of activity, and location. The
study must document the source of data used to develop the recommendations.
(f)
Independent parking space study. An applicant may choose to
prepare an independent parking space study in order to better accommodate
reduced parking spaces. DCD staff may approve up to a fifteen-percent
reduction; however, any reductions greater than 15% shall require
Plan Commission approval. Requirements shall include the following:
[1]
Estimates of parking demand based on recommendations of the
Institute of Traffic Engineers Manual (ITE), Urban Land Institute,
or other acceptable estimates as approved by the Community Development
Director; and/or
[2]
Reliable data collected from uses or combinations of uses that
are the same as or comparable with the proposed use. Comparability
will be determined by the source of the data used to develop the recommendations.
(g)
Bicycle parking. All parking lot areas containing 50 spaces
or more shall consider providing bicycle parking facilities (bike
racks) that accommodate a minimum of five bicycles.
(h)
Mass transit. Developments that are adjacent to mass transit
options or offer car/van pools or other forms of alternative transportation
may request a reduction in the number of required parking spaces based
on supporting documentation.
(i)
Parking maximum: cannot provide more than 15% above the required
amount of parking unless the applicant can prove additional parking
is needed.
(3)
Minimum number of required spaces. Table 275-57-1 sets forth the minimum number of parking spaces required for each use unless the applicant follows § 275-57A(2)(f).
Table 275-57-1
| ||
---|---|---|
Use
|
Required Parking Spaces
| |
Agricultural and Residential Uses
| ||
Boardinghouses, rooming houses, dormitories, and community living
arrangements
|
1 space per bed
| |
Elderly housing
|
1 space per dwelling unit. The Plan Commission may reduce the
parking requirement when assisted care is provided. The Plan Commission
may require an additional 10% of the parking requirement for guest
parking.
| |
Single-family and 2-family dwellings
|
2 spaces per dwelling unit. A minimum of 400 square feet of
parking shall be provided in an attached garage.
| |
Multiple-family dwellings
|
2 spaces per dwelling unit plus 1/10 of a space per dwelling
unit shall be provided for guest parking. A minimum of 1 space per
dwelling unit shall be provided in an attached or underground garage.
| |
Commercial Uses
| ||
Adult-oriented establishments
|
1 space per 200 square feet or 1 space per 3 persons of occupant
load, whichever is greater
| |
Tattoo and body-piercing establishments
|
1 space per 200 square feet
| |
Amphitheaters, auditoriums, stadiums and theaters
|
1 space per 2 seats
| |
Amusement centers, arcades, aquariums, banquet halls, exhibition
halls
|
1 space per 3 persons at maximum capacity
| |
Automotive body repair or service
|
1 space per 200 square feet of sales, office or waiting area,
plus 2 spaces per service bay
| |
Automotive sales or rental, farm equipment sales or service
|
1 space per 100 square feet of indoor sales or office space,
plus 1 space per 500 square feet of outdoor sales area
| |
Automotive fuel sales
|
1 space per 200 square feet of sales, office or waiting area,
plus 1 space per fuel pump or service bay
| |
Bars and taverns
|
1 space per 100 square feet of customer service area; 1 space
per 100 square feet of customer service area for extension of premises
| |
Bed-and-breakfast establishment
|
2 spaces for the owner or operator, plus 1 space for each bedroom
rented to the public
| |
Bowling alley
|
5 spaces per bowling lane, plus additional spaces as may be
required for ancillary uses located within the same establishment
| |
Contracting and construction sales, contractor bulk sales
|
1 space per 400 square feet of indoor office, sales, or storage,
plus 1 space per 1,000 square feet of outdoor sales
| |
Department stores and shopping centers
|
1 space per 300 square feet of customer sales
| |
Fairgrounds
|
1 space per 3 seats for any stadium or theater seating, plus
1 space per 100 square feet of sale or show floor space
| |
Funeral services
|
1 space per 4 seats or 35 spaces per chapel unit, whichever
is greatest
| |
Greenhouses
|
1 space per 150 square feet of inside sales or display, plus
1 space per 500 square feet of outside sales and display area
| |
Hotels and motels
|
1 space per room or suite
| |
Outdoor displays, sales or storage
|
1 space per 750 square feet
| |
Personal services
|
1 space per 200 square feet
| |
Restaurant
|
1 space per 50 square feet or 1 space per 2 seats, whichever
is greater; 1 space per 100 square feet of customer service area or
1 space per every 4 seats, whichever is greater, for extension of
premises
| |
Self-storage facility
|
1 space per 200 square feet of office space, plus 1 space per
2 storage units
| |
Service commercial uses
|
1 space per 200 square feet
| |
Telecommunication structures
|
1 space per structure
| |
Veterinary clinics
|
1 space per 400 square feet
| |
Wholesale commercial uses
|
1 space per 500 square feet
| |
All other commercial uses
|
1 space per 150 square feet or 1 space per 2 seats/capacity,
whichever is greater
| |
Office Uses
| ||
Business offices, government offices, public service offices,
contracting and construction offices
|
1 space per 200 square feet
| |
Financial institution
|
1 space per 300 square feet
| |
Medical, dental, and other professional health service offices
|
1 space per 250 square feet
| |
Post offices
|
1 space per 300 square feet
| |
Manufacturing/Industrial Uses
| ||
Light industrial or heavy industrial uses
|
1 space per 300 square feet of office space, plus 1 space per
200 square feet of indoor sales area, plus 1 space per 1,000 square
feet of outdoor storage or sales, plus 1 space per 500 square feet
| |
Industrial sales
|
1 space per 200 square feet of indoor sales area, plus 1 space
per 500 square feet of outdoor sales area
| |
Laboratories
|
1 space per 400 square feet
| |
Freight services, distribution centers, weight scales and truck
terminals
|
1 space per 500 square feet
| |
Warehousing or storage
|
1 space per 2,000 square feet
| |
Excavation, mineral extraction, processing, storage and other
related operations
|
1 space per 200 square feet of office area or 1 space per employee,
whichever is greater
| |
Quarrying or peat and soil removal
|
1 space per 1,000 square feet
| |
Recycling centers, central composting facilities and landfills
|
1 space per employee, plus adequate parking for queuing
| |
Institutional/Public/Semipublic Uses
| ||
Golf courses
|
6 spaces per hole
| |
Golf driving ranges
|
2 space per tee
| |
Hospitals
|
1 space per bed
| |
Libraries, museums and galleries
|
1 space per 300 square feet of assembly area; 1 space per 4
seats of fixed seating
| |
Marinas
|
2 spaces per boat slip
| |
Miniature golf courses
|
2 spaces per hole
| |
Organizational clubs
|
1 space per 100 square feet
| |
Racquetball, handball and tennis courts
|
5 spaces per court
| |
Health clubs
|
1 space per 200 square feet
| |
Skating rinks
|
1 space per 200 square feet
| |
Volleyball courts
|
15 spaces per court, plus 1 space per employee
| |
All other recreational uses
|
1 space per 3 patrons, plus 1 space per employee
| |
Churches
|
1 space per 3 seats
| |
Assisted care facilities
|
2 spaces per 3 bedrooms for residents and visitors, plus 1 space
per employee
| |
Elementary, middle and high schools
|
1 space for each staff member, plus 1 space for each 5 students
over the age of 16, plus parking for all other facilities such as
auditoriums or stadiums
| |
Colleges, universities and other graduate institutions
|
1 space for each staff member and student, excluding students
housed in dormitories
| |
Nursery schools
|
1 space for each staff member, plus 1 space per 1 1/2 students
| |
Day-care centers
|
1 space for each staff member, plus 1 space per 6 students;
for family day-care homes, the driveway may be used for parking
| |
Other uses
|
Parking spaces for other permitted or special uses not listed
herein shall be provided in accordance with requirements designated
by the Plan Commission or CDA.
|
(4)
Parking requirements for physically disabled. All off-street parking
areas open to the public shall provide and reserve parking spaces
for use by motor vehicles which transport physically disabled persons
in accordance with the applicable state and federal requirements.
(a)
Van-accessible spaces. One in every eight accessible spaces,
but not less than one, shall be served by an access aisle 96 inches
wide minimum and shall be designated "van accessible" as required
by ADAAG and/or the State Building Code.
(b)
Dimensions. Parking spaces for the physically disabled shall be a minimum of 96 inches wide. Access aisles adjacent to accessible space shall be a minimum of 60 inches wide, except as provided in Subsection A(4)(a) above.
(c)
Location. Parking spaces that are to be reserved for the physically
disabled and which serve a particular building shall be located on
the shortest accessible route of travel from adjacent parking to an
accessible entrance. In parking facilities that do not serve a particular
building, accessible parking shall be located on the shortest accessible
route of travel to an accessible pedestrian entrance of the parking
facility. In buildings with multiple accessible entrances with adjacent
parking, accessible parking spaces shall be dispersed and located
closest to the accessible entrances.
(d)
Other. Parking spaces reserved for the physically disabled may
be subject to additional standards as defined in § 346.503,
Wis. Stats., the ADAAG and the State Building Code.
(5)
Access. Adequate access to a public street shall be provided for
each parking space.
(6)
Minimum area. The minimum area for each parking space, excluding
the area needed to maneuver, shall be nine feet wide and 18 feet long,
except for designated handicapped parking.
(7)
Minimum design standards.
(a)
Method of measurement. All drive aisles and parking space widths
shall be measured from edge of pavement to edge of pavement. Parking
stall depths can be measured to the face of the curb, where applicable.
(b)
Dimensions. The minimum size of a parking space may be altered
based on aisle width and angle of parking. Parking stalls shall conform
to the following minimum dimensions:
[Amended 9-23-2014 by Ord. No. 2529]
Table 275-57-3
| |||||
---|---|---|---|---|---|
Angle of Parking
(degrees)
|
1-Way Maneuvering Lane Width
(feet)
|
2-Way Maneuvering Lane Width
(feet)
|
Parking Stall Width
(feet)
|
Parking Stall Length
(feet)
| |
No parking or parallel
|
12
|
24
|
9
|
23
| |
30º - 53º
|
12
|
24
|
9
|
18
| |
54º - 75º
|
18
|
24
|
9
|
18
| |
76º - 90º
|
24
|
24
|
9
|
18
|
Angle of Parking
(degrees)
|
Total Width of 1 Tier of Spaces Plus Maneuvering Lane
(feet)
|
Total Width of 2 Tiers of Spaces Plus Maneuvering Lane
(1-Way)
(feet)
|
Total Width of 2 Tiers of Spaces Plus Maneuvering Lane
(2-Way)
(feet)
| |
---|---|---|---|---|
0º - parallel
|
21
|
30
|
42
| |
30º - 53º
|
31
|
50
|
62
| |
54º - 75º
|
37
|
56
|
62
| |
76º - 90º
|
43
|
62
|
62
|
(c)
Maneuverability areas. The following provisions shall be followed
to maintain efficient maneuverability:
[1]
Turnaround area. Where more than three parking spaces are served
by a single driveway, a turnaround area shall be provided or other
provision made to permit cars to exit the parking lot without backing
onto any street or sidewalk.
[2]
Backup area. Each parking space shall be provided with a sufficient
backup area to permit egress in one maneuver, consisting of one backward
and forward movement.
(d)
Surface.
[1]
All off-street parking areas and aisles in agricultural and
single-family residential districts shall be graded and surfaced so
as to be dust-free and properly drained. All driveways shall be completed
within 18 months of receiving a building permit.
[2]
Parking areas and aisles in all other districts shall be paved
with an asphalt or concrete surface. The parking lot design and thickness
shall be shown on the site plan.
[3]
Paving of parking areas may be waived for up to 12 months by
the Plan Commission to allow new parking areas to settle or because
of the season. The Plan Commission may require the appropriate financial
surety to guarantee that the required paving will be completed.
(e)
Wheel stops and continuous curbs. Wheel stops or continuous
curbs shall be provided, located and designed to protect screening,
buffering, landscaping, and pedestrian ways from damage or encroachment
of vehicles and to provide necessary traffic control in the parking
area.
[1]
Continuous curbs. Continuous curbs shall be made of asphalt,
concrete, stone or other similar material and shall have a minimum
height of six inches and a minimum width of six inches. They shall
form a continuous edge around all raised landscaped areas adjacent
to parking and maneuverability areas which are not protected by wheel
stops.
[2]
Wheel stops. Where continuous curb cannot be used, wheel stops
or bollards may be approved. Each wheel stop shall be a singular block
of reinforced concrete, stone or other durable material with a minimum
height of six inches, a minimum width of six inches and a minimum
length of eight feet. Wheel stops are to be securely attached to the
ground and may be used only at the end of parking stalls. Bollards
shall be of a durable material, reinforced concrete or decorative
metal and should be placed approximately one bollard per parking space.
[3]
Placement. Wheel stops, continuous curbs, and/or bollards shall
be located a minimum of four feet from any structures, buildings,
walls, or plant material, excluding ground cover, to prevent a vehicle
from driving onto the landscaped area or hitting any structure or
plant material at the edge of a parking area.
[4]
Raised parking lot islands shall have vertical face curbs.
(f)
Location.
[Amended 8-24-2021 by Ord. No. 2652]
[1]
Parking spaces shall be located on the same lot as the principal
use they serve.
[2]
No more than 50% of parking spaces may be permitted in the front
yard in the Rm-1, O-1, O-2, M-1, and M-2 Zoning Districts.
[a]
For all properties, regardless of zoning district, located within
the rural commercial boundary, parking shall be located in the side
or rear unless POWTS, wetlands, environmental corridor or easements
prevent parking in the side or rear. In such cases, a maximum of 50%
of the parking spaces may be permitted in the front yard with enhanced
landscaping and/or bufferyards, as approved by the Plan Commission.
[3]
Parking for business and industrial uses shall not be located in a residential district. Parking for home occupations shall be in accordance with § 275-42G(4)(a)[9].
(g)
Setback.
[Amended 9-23-2014 by Ord. No. 2529]
(8)
Joint or shared parking. Joint or shared parking is encouraged and
permitted if the multiple uses that the shared parking will benefit
can cooperatively establish and operate the facilities. Shared parking
may be applied when land uses have different parking demand patterns
and are able to use the same parking spaces/areas throughout the day.
Shared parking is most effective when these land uses have significantly
different peak parking characteristics that vary by time of day, day
of week, and/or season of the year. General parking lots and/or on-street
parking that is available for patrons of nearby businesses/commercial
districts is a form of shared parking. The applicant shall have the
burden of proof for reduction of the total number of parking spaces
and shall document and submit information substantiating his request.
Joint or shared parking may be approved if:
(a)
A sufficient number of spaces are provided to meet the highest
demand of the participating uses;
(b)
Evidence has been submitted, to the satisfaction of the Plan
Commission, by the parties operating the shared parking facility,
documenting the nature of uses and the times when the individual uses
will operate so as to demonstrate the lack of potential conflict between
them.
(c)
The shared parking spaces will not be located in excess of 500
feet from the uses they are intended to serve;
(d)
A shared parking agreement is submitted that provides evidence
that the parking lot is either large enough to accommodate multiple
users or that parking spaces will be shared at specific times of the
day (i.e., one activity uses the spaces during daytime hours, and
another activity use the spaces during evening hours); and
(e)
Any additional documents, covenants, deed restrictions, or other
agreements shall be provided as may be deemed necessary by the Plan
Commission to ensure that the required spaces are provided and maintained
for during the life of the development.
(9)
Adjustments to required parking.
(a)
Purpose. The purpose of this section is to allow adjustments
to the minimum number of parking spaces required to avoid constructing
unneeded and excessive off-street parking facilities. Reducing the
amount of excess off-street parking facilities is intended to provide
for more cost-efficient site development, eliminate constructing more
impervious surface than necessary, minimize stormwater runoff, avoid
construction of unnecessarily large stormwater management facilities,
and provide more landscape areas and open space on commercial and
industrial sites. To achieve these purposes, the Plan Commission may
reduce the minimum number of required off-street parking spaces in
specific cases as described in this section.
(b)
Adjustments. In all commercial and industrial districts, the
minimum number of required parking spaces may be adjusted by the Plan
Commission on a case-by-case basis. The petitioner for such an adjustment
shall show to the satisfaction of the Plan Commission that adequate
parking will be provided for customers, clients, visitors, and employees.
The following factors shall be used as a basis to adjust parking requirements:
[1]
The applicant or developer can provide evidence that actual
parking demands will be less than the requirements of this chapter.
The petitioner shall submit written documentation and data to the
satisfaction of the Plan Commission that the operation will require
less parking than the chapter requires.
[2]
There is an adequate availability of joint or shared parking. The petitioner shall submit written documentation to the satisfaction of the Plan Commission that an adequate amount of joint or shared parking spaces is available to satisfy the parking demand. All joint or shared parking shall meet the requirements set forth in § 275-57A(8).
[3]
There is an adequate availability of off-site parking spaces
that may account for not more than 50% of an activity's required parking
and that shall be located not more than 300 feet from the principal
use that it is intended to serve.
[4]
When a reduction of parking spaces attributable to shared parking
or off-site parking is requested, the petitioner shall submit written
verification that such parking is available and shall include copies
of any contracts, joint lease agreements, purchase agreements, and
other such documentation to show that such shared parking can be accomplished.
The City Attorney shall provide an opinion designating the method
by which the required shared parking shall be provided. Off-site shared
parking spaces shall be clearly posted for the joint use of employees
and/or tenants or customers of each respective use sharing those spaces.
[5]
Use of alternative transportation. Upon demonstration to the
Plan Commission that effective alternative transportation to the automobile
will occur, the Plan Commission may reduce parking requirements. Alternative
transportation may include, but is not limited to, bus transit, van
pool operations, carpool/ride sharing, and bicycles. Parking management
plans/operations may also be used as a basis to reduce required parking.
Parking management plans may include, but are not limited to, flexible
working hours or shifts, preferential parking for carpools/van pools,
transit/van pool fare subsidy, imposition of a charge for parking,
and establishment of a transportation coordinator to implement carpool,
van pool, and transit programs. Proposals for adjustments of parking
requirements under this section shall show how the alternative transportation
modes will be implemented, the permanency of such modes, the extent
of the program, the number of vehicles the mode will replace, and
other pertinent information.
(c)
Additional open space. The site plan for the commercial or industrial
use shall be designed to provide sufficient open space on the subject
site to accommodate the additional parking spaces otherwise required
by this chapter. Such open space shall be in addition to required
yards, setbacks, driveways, private streets, loading and service areas.
Sufficient open space shall be provided which, if converted to parking
spaces, would provide off-street parking to meet the full requirements
of this chapter at the time of application.
(d)
Changes in occupancy or use. When the use of a building, structure,
or land is changed to another use or occupant that requires more parking
spaces than required for the use existing immediately prior to such
change, additional parking spaces shall be constructed for the new
use or occupant in the amount necessary to conform to this chapter.
(e)
Changes in intensity of use. When the intensity of use of a
building, structure or land is increased by an addition of employees,
gross floor area, seating capacity, or other unit of measurement,
additional parking spaces shall be constructed for such additions
in the amount necessary to conform to this chapter.
B.
Special off-street parking requirements for certain uses and districts.
(1)
Parking and storage of recreational vehicles and equipment. No person
shall park or store recreational vehicles on a lot in a residential
district except within a fully enclosed structure unless otherwise
permitted herein.
(a)
General provisions.
[1]
Vehicles or equipment stored or parked on a trailer intended
for such use shall count as one recreational vehicle.
[2]
Except within an approved trailer camp, no recreational vehicle
or mobile home shall be used for the purpose of permanent habitation,
living, or housekeeping purposes in the City of New Berlin, "permanent
habitation" being defined as more than seven days' habitation.
[3]
On no property where the storage of recreational vehicles is
otherwise permitted shall such storage out of doors be so located,
used, operated, or so arranged, or the vehicles or equipment be deteriorated,
so as to create a nuisance or adversely affect the property values
and general desirability of the neighborhood.
[4]
The Director or his designee or any affected property owner
may present such a complaint in writing to the Plan Commission for
a determination. A copy of such complaint shall be mailed to the recreational
vehicle owner at least 10 days prior to the Plan Commission meeting.
The owner shall be permitted to present evidence in defense of his
parking, maintenance, or storage arrangement.
[5]
The Plan Commission shall be entitled, if it deems necessary,
to issue written orders stating the manner and time in which such
parking or storage shall be covered, screened, moved, rearranged,
relocated, or removed, or limit the number, or require conditions
for the vehicle or equipment to be repaired and maintained so as to
eliminate such adverse effect.
(b)
Major recreational vehicles.
[1]
Major recreational vehicles shall be parked and are only allowed
on a driveway, turnaround, spur, or other hard, all-weather, dust-free
surface. Parking areas existing before passage of this chapter are
allowed to remain, subject to a two-foot setback.
[2]
One major recreational vehicle may be stored outside on an occupied
residential lot of 20,000 square feet or less, provided that the vehicle
or equipment shall not exceed 8.5 feet in width, 13 feet in height,
and 32 feet in overall length.
[3]
One major recreational vehicle may be stored outside on an occupied
residential lot of more than 20,000 square feet, provided that it
shall not exceed 8.5 feet in width, 13 feet in height, and 37 feet
in overall length.
(c)
Outside parking provisions. Outside parking of recreational
vehicles and equipment is subject to the following provisions:
[1]
There shall be a minimum setback of five feet from the side
and rear lot lines.
[2]
The parking or storage of recreational vehicles or equipment
in the front yard shall only be allowed on a driveway or turnaround
and parked as close to the home as possible.
[3]
Recreational vehicles and equipment shall not be located in
rights-of-way, vision clearance triangles, or drainage and utility
easement areas.
[4]
The recreational vehicle shall be maintained and be in good
condition and safe for effective performance of the function for which
it is intended. The exterior of the vehicle shall be intact.
[5]
Recreational vehicles shall be roadworthy. Vehicles that require
a license shall be properly licensed.
[6]
No recreational vehicles or equipment shall be stored in any
open space outside a building unless such equipment is wholly owned
by the property owner, who shall be in residence at the property in
question. If the property is rented, such storage shall be permitted
to the tenant only, provided that such equipment is owned by the tenant.
[7]
All equipment shall be parked or stored as inconspicuously as
possible on the property. The area around the equipment or vehicle
shall be kept weed-free and free of accumulation of other storage
material.
(d)
Abrogation. This chapter is not intended to allow parking and
storage of recreational vehicles or equipment where they may be otherwise
prohibited by deed restriction, covenant, prior orders, or developer's
agreement, or otherwise limited by topography or environmental restrictions.
(2)
Vehicles permitted in a residential or agricultural district. Parking
of vehicles accessory to a residential use shall be limited to those
vehicles actually used by the resident for personal use, agricultural
use, or temporary parking for guests. Vehicles not in keeping with
residential character shall not be permitted.
(a)
No truck, construction equipment, or other vehicle of a business
or industrial nature shall be parked upon a residential or agricultural
lot, except:
[1]
Vehicles approved by the Plan Commission as part of a permitted
home occupation.
[2]
A personal pickup truck not to exceed one ton and 20 feet in
length with a standard bed, special toolboxes, or cap not to exceed
six inches beyond each side or top of a standard cab. No tow truck,
stake body, or dump truck may be parked on a residential lot.
[3]
A passenger-sized van not to exceed one ton and 20 feet in length.
No step van or chassis van shall be parked on a residential lot without
Plan Commission approval.
[4]
Agricultural tractors and related equipment in an agricultural
district as part of an approved agricultural or horticultural use.
(b)
Outside parking of autos, trucks and vans is subject to the
following provisions:
[1]
They shall be located not closer than five feet to a side or
rear lot line.
[2]
They shall only be allowed on a hard, all-weather driveway or
turnaround and parked as close to the home as is practical.
[3]
They shall be located outside of all ultimate rights-of-way
and vision clearance triangles.
[4]
Luggage racks and overhead racks are permitted, provided that
they do not exceed eight feet in overall height from ground level.
[5]
The truck or van shall be maintained and be in good condition.
All vehicles shall be safe, licensed, drivable, and roadworthy. The
exterior of the body shall be intact.
[6]
No truck or van may be parked in any open space outside of a
building unless such equipment is wholly owned by the property owner,
who shall be in residence at the property in question, or used by
the occupant in connection with continued employment.
[7]
In no case shall a residential-zoned or -used parcel be used
for the parking or storing of a semitrailer or tractor.
[8]
Display of vehicles for sale, see § 275-41C(9)(b) for requirements.
(c)
Outside parking of automobiles, station wagons, personal pickups,
and passenger vans is subject to the following provisions:
[1]
They shall be located not closer than five feet to a side or
rear lot line, except in the case of a legal nonconforming driveway
location.
[2]
They shall only be allowed on an all-weather driveway or turnaround.
[3]
They shall be located outside of all ultimate rights-of-way
and vision clearance triangles, unless legally parked on the street.
[4]
All vehicles shall be safe, licensed, drivable, and roadworthy.
[5]
No vehicle may be regularly parked in any open space outside
of a building unless such vehicle is wholly owned by the property
owner, who shall be in residence at the property in question, or used
by the occupant in connection with continued employment.
[6]
Vehicles for sale shall meet the requirements described in § 275-41C(9)(a).
[Amended 4-25-2023 by Ord. No. 2668]
(3)
Complaints.
(a)
The Director or any affected property owner may present a written
complaint of a nuisance or adverse effect on property values in writing
to the Plan Commission for a determination. A copy of such complaint
shall be mailed to the vehicle owner at least 10 days prior to the
Plan Commission meeting. The owner shall be permitted to present evidence
in defense of the parking, maintenance, or storage arrangement.
(b)
The Plan Commission shall be entitled, if it deems it necessary,
to issue written orders stating the manner and time in which such
parking or storage shall be covered, screened, moved, rearranged,
relocated, or removed, or limit the number or require conditions for
the vehicle or equipment to be repaired and maintained so as to eliminate
such adverse effect.
(c)
The Plan Commission, in making determinations, shall consider
the size of the lot, the proximity to neighbors, the size of vehicles,
the size of the existing garage, and other uses on the land.
(4)
Outside parking or storage of junked vehicles or equipment. In all
districts, no abandoned, dismantled, unlicensed, inoperative, wrecked,
or junked vehicle or equipment, or a vehicle or equipment under repair
or awaiting parts, shall be parked or stored for a period to exceed
30 days unless the vehicle is within a fully enclosed structure.
(5)
In the A-1, A-2, R-1/R-2, R-2E, R-3, R-4, R-4.5, R-5, Rd-1, Rm-1,
B-1, B-2, B-3, B-5, O-1, O-2, I-1 and P-1 Zoning Districts, the parking
and storage of semitractors and semitrailers, except for pickup and
deliveries, is prohibited. Parking or storage of construction vehicles
and equipment, except during periods of permitted construction activity,
is prohibited.
(a)
In the B-2 Zoning District, all storage and parking of vehicles
and equipment, other than required customer and employee off-street
parking, shall be inside, except the outside parking of two vehicles
in accordance with an approved site plan and plan of operation.
[Amended 4-25-2023 by Ord. No. 2668]
(b)
In the B-3 Zoning District, parking or storage of construction
vehicles and equipment must be fully screened from a public street
and any adjacent property located outside of the B-3 District.
(c)
In the I-1 Zoning District, public works or utility storage
buildings or yards are exempt from this prohibition.
(6)
In the M-1, M-2, Q-1 and L-1 Zoning Districts, the parking and storage
of semitractors, semitrailers and construction equipment is permitted
in accordance with an approved site plan and plan of operation.
C.
Off-street loading requirements.
(1)
Applicability. On every lot on which a business or industrial use,
with the exception of the City Center District, is hereafter established,
space with access to a public street or alley shall be provided as
indicated below for the loading and unloading of vehicles off the
public right-of-way.
(2)
Minimum number of required spaces. The number of loading spaces required
is as follows:
Table 275-57-4
| ||
---|---|---|
Gross Floor Area of Building
(square feet)
|
Required Loading Spaces
| |
5,000 - 24,999
|
1
| |
25,000 - 49,999
|
2
| |
50,000 - 99,999
|
3
| |
100,000 - 174,999
|
4
| |
175,000 - 249,999
|
5
| |
For each additional 74,000 square feet (or fraction thereof)
of gross floor area over 250,000, 1 additional loading space shall
be provided.
|
(3)
Access. Each loading space shall have access to a dedicated public
street or alley.
(4)
Minimum area. The minimum area for each loading space, excluding
the area needed to maneuver, shall be 10 feet wide and 79 feet long
with a height clearance of 14 feet.
(5)
Minimum design standards.
(a)
Loading areas shall be surfaced with an asphalt or concrete
surface.
(b)
No part of any truck or van that is being loaded or unloaded
may extend into the right-of-way of a public thoroughfare.
(c)
Loading spaces shall be designed with sufficient apron area
to accommodate truck-turning movements and to prevent backing of trucks
onto any street right-of-way.
(d)
Single-bay loading docks shall provide sufficient area for the
largest vehicle using the facility to maneuver without encroaching
upon a street right-of-way.
(e)
Minimum dimensional standards for loading spaces shall be as
outlined in Table 275-57-5. See also Figure VIII-5.
Table 275-57-5
| ||||
---|---|---|---|---|
Overall Truck Length
(feet)
|
Truck Berth Width
(feet)
|
Minimum Truck Apron Length
(feet)
|
Minimum Dock Approach
(feet)
| |
40
|
10
|
46
|
86
| |
12
|
43
|
83
| ||
14
|
39
|
79
| ||
45
|
10
|
52
|
97
| |
12
|
49
|
94
| ||
14
|
46
|
91
| ||
50
|
10
|
60
|
110
| |
12
|
57
|
107
| ||
14
|
54
|
104
| ||
55
|
10
|
65
|
120
| |
12
|
62
|
117
| ||
14
|
58
|
113
| ||
60
|
10
|
72
|
132
| |
12
|
63
|
123
| ||
14
|
60
|
120
| ||
65
|
10
|
77
|
142
| |
12
|
72
|
137
| ||
14
|
68
|
133
|
D.
Vehicle stacking space requirements. Vehicle stacking spaces for
drive-through facilities shall be provided according to the following
provisions:
(1)
Minimum number of stacking spaces. The number of stacking spaces
shall be provided as follows. See Figure VIII-6 for illustration of
stacking spaces.
Table 275-57-6
| ||
---|---|---|
Activity
|
Minimum Stacking Spaces
(per lane)
|
Measured From
|
Financial institution
|
4
|
Teller or window
|
Restaurant
|
8
|
Pickup window
|
Full-service automotive wash
|
7
|
Entrance
|
Self-service automotive wash
|
2
|
Washing bay
|
Fuel or gasoline pump island
|
2
|
Pump island
|
Other
|
As determined by Plan Commission
|
(2)
Design and layout.
(a)
Stacking spaces shall be a minimum of 20 feet in length.
[Amended 6-11-2019 by Ord. No. 2620]
(b)
Stacking spaces may not impede on- or off-site traffic movements
or movements in or out of off-street parking spaces.
(c)
Stacking spaces shall be separated from other internal driveways
by surface markings. Raised medians may be required where deemed necessary
by staff for the purpose of traffic movement and safety.
E.
Driveways. All driveways installed, altered, changed, reconstructed,
or extended after the effective date of this chapter shall meet the
following requirements:
(1)
Driveways. Driveways shall be set back a minimum of five feet from
all side lot lines, except in the case of an approved joint or shared
driveway.
(2)
Surfacing. All driveways in agricultural and single-family residential
districts shall be graded and surfaced so as to be dust-free and properly
drained. Driveways in all other districts shall be paved with an asphalt
or concrete surface. Paving of driveways may be waived for up to 12
months to allow for settling or because of the season. Appropriate
financial surety may be required to guarantee that the required driveway
surfacing will be completed.
(3)
Driveways located on culs-de-sac and curved streets. Driveways located
on culs-de-sac and curved streets shall not extend beyond the lot
line extended to the curbline or pavement edge, unless otherwise permitted
by the Plan Commission.
(4)
Driveway opening widths. Driveway opening widths for vehicular ingress
and egress shall be the following:
Table 275-57-7
| |||
---|---|---|---|
Zoning District
|
Minimum Driveway Width at Property Line
(feet)
|
Maximum Driveway Width at Right-of-Way
(feet)
|
Maximum Driveway Width at Curbline or Pavement
(feet)
|
Agricultural
|
12
|
30
|
34
|
Single-family and duplex residential
|
12
|
30
|
34
|
Multifamily residential
|
24
|
30
|
34
|
Commercial, office, park and institutional
|
24
|
40
|
55
|
Manufacturing, quarrying and landfill
|
24
|
40
|
50
|
(5)
Vehicular entrances. Vehicular entrances shall minimize conflict
with pedestrian traffic, and driveways on arterial streets shall further
be located opposite driveway openings on the opposite side of the
street to minimize turning movement conflicts. The number of driveways
allowed per parcel is further defined in the Development Handbook.
[Amended 4-25-2023 by Ord. No. 2668]
F.
Arterial street and highway access. No direct private access (driveway)
shall be permitted to the existing or proposed rights-of-way of expressways,
nor to any controlled access arterial street without permission of
the Plan Commission and the highway agency that has access-control
jurisdiction. In addition, direct public or private access (driveway)
to streets and highways shall be permitted in accordance with the
following:
(1)
Freeways, interstate highways and interchanges. Driveways in the
vicinity of freeways, interstate highways and their interchanges or
turning lanes shall be located a minimum of 200 feet from the most-remote
end of the exit or entrance ramp.
(2)
Arterial streets and collectors. Driveways on arterial streets and
collectors shall be located a minimum of 300 feet from a street intersection
or at the farthest point from an intersection. Said setback shall
be measured from the intersection of the right-of-way on the two streets.
[Amended 6-11-2019 by Ord. No. 2620]
(3)
Local streets. Driveways on collector or local streets shall be located
a minimum of 100 feet from a street intersection or at the farthest
point from the intersection. Said setback shall be measured from the
intersection of the right-of-way on the two streets.
(4)
Corner lots. Driveways on corner lots shall be located on the least-heavily-traveled
street.
(5)
Access barriers. Access barriers, such as curbing, fencing, ditching,
landscaping, or other topographic barriers, shall be erected to prevent
unauthorized vehicular ingress or egress to the above-specified streets
or highways.
(6)
Temporary access. The Common Council may grant temporary access to
the above rights-of-way after review and recommendation by the Plan
Commission and the highway agencies having jurisdiction. Such access
permit shall be temporary, revocable, and subject to any conditions
required.
G.
Parking lot circulation and lot layout.
(1)
Circulation internal to the site shall be reviewed as part of the
plan submittal.
(2)
Off-street parking lots shall be designed to accommodate traffic
volumes and pedestrian circulation based on the land use served.
(3)
The internal circulation pattern shall be designed to allow users
to maneuver in an efficient and safe manner.
(4)
The use of landscape islands and medians shall be used to provide
positive guidance to motorists and establish property driving patterns.
(5)
Turning radii for a single-unit truck (SU-design vehicle) shall be
provided as a minimum to all portions of the lot.
A.
Purpose. The purpose of these adequate public facilities regulations
is to ensure that all utilities and other facilities and services
needed to support development are available concurrently with the
impacts of such development.
B.
General requirements.
(1)
Approval conditioned upon adequate public facilities. The approval
of all development shall be conditioned upon the provision of adequate
public facilities and services necessary to serve the new development.
No building permit shall be issued unless such public facilities and
services are in place or the commitments described in this section
have been made.
(2)
Level-of-service standards. This section establishes level-of-service
standards for transportation facilities. No site plan or building
permit shall be approved or issued in a manner that will result in
a reduction in the levels of service below the adopted level-of-service
standard for such facilities.
(3)
Developer's Handbook. All public improvements (and private improvements
when required by the Director) are to be built according to the standards
as described in the Developer's Handbook, as approved and amended
by the Board of Public Works upon the date of application. This includes,
but is not limited to, roads, sanitary sewer utilities, water utilities
and stormwater facilities.
C.
Transportation.
(1)
Levels of service.
(a)
General standard. All developments shall be required to demonstrate
that there will be no significant adverse impact on existing levels
of service, access, and vehicular movement on any arterial or collector
street or intersection within 1/4 mile of the site or that any such
adverse impact has been mitigated to the maximum extent feasible.
The Department of Community Development shall be authorized to increase
this distance to one mile.
(b)
Waiver or modification. The Department of Community Development
may waive or modify these requirements upon a showing by the applicant
that the impact of the proposed development on adjacent roads and
intersections will be minimal and insignificant.
(c)
Development in all districts. All development shall have safe
and adequate access to the nearest paved road. "Safe and adequate
access" shall mean that a paved access road is available to provide
access to the nearest paved road on the City's street system prior
to the issuance of the first building permit for the development.
(2)
Thresholds for traffic impact analysis. A traffic impact analysis
(TIA) shall be required to be submitted with applications for development
review and approval of:
(a)
Any subdivision or multifamily residential development with
40 or more dwelling units;
(b)
Any nonresidential development that exceeds 100 peak-hour trips
based on traffic generation estimates of the latest edition of the
Institute of Transportation Engineers' Trip Generation Manual;
(c)
Any application for a change to the zoning district boundaries
(rezoning);
(d)
Any development that the Department of Community Development
determines may have an adverse impact on traffic in the surrounding
area.
(3)
Contents. The TIA shall contain the following information:
(a)
Traffic impact area. Identification of the precise boundaries
of the traffic impact area, which shall be approved in advance by
staff.
(b)
Current LOS. The current projected average daily traffic volumes
(level of service) on the segments and intersections of the road system
in the traffic impact area based upon existing conditions and factoring
in already approved developments. For purposes of these transportation
facility standards, "approved development" shall mean developments
that have received preliminary or final approvals from the Plan Commission
or its predecessors and that have not been completed.
(c)
LOS including the proposed development. The projected average
daily traffic volumes (level of service) of the segments and intersections
on the road system in the traffic impact area based upon existing
conditions, the demands from approved development, and the proposed
development.
(d)
Future LOS. The future LOS should be computed for 10 years after
full buildout of the proposed development.
(e)
Study findings. A summary outlining the study findings on the
traffic impacts of the proposed development, including a detailed
description of proposed improvements and mitigation measures necessary
to maintain the adopted level-of-service standard.
(f)
Other information. Other information as may reasonably be required
by the Department of Community Development to determine compliance
with the applicable level-of-service standards.
(4)
Minimum approval requirements. At a minimum, the Plan Commission
shall require that, at the time of final plat or development plan
approval, all necessary transportation facilities and services to
meet the applicable level-of-service standard are:
D.
Emergency communications. The Plan Commission may require, at the
developer's expense, the installation of an amplifier system for emergency
communications. The Police Department and Fire Department shall be
consulted with to see whether the use, size or construction of a structure
warrants such an amplifier system.
[Amended 1-12-2016 by Ord. No. 2558; 10-13-2020 by Ord. No. 2642; 8-24-2021 by Ord. No. 2652]
A.
Purpose. The purpose of this section is to promote compatible development;
to promote stability of property values; to foster the attractiveness
and functional utility of the community as a place to live and work;
to preserve the character and quality of the built environment by
maintaining the integrity of those areas which have a discernible
character or are of a special historic significance; to protect certain
public investments in the area; and to raise the level of community
expectations for the quality of its environment.
B.
Applicability.
(1)
No land shall be developed and no building shall be erected, structurally
altered, or moved unless it meets the provisions set forth in this
section.
C.
General design standards.
(1)
Infill development.
(a)
Architectural character.
[1]
All new development or redevelopment shall be compatible with
the established architectural character of the surrounding area utilizing
a building design and style that is complementary to the surrounding
uses and structures. Compatibility may be achieved through the repetition
of similar rooflines, similar proportions in relation to height, size,
scale and mass, similar door and window patterns, building materials
and color, and building orientation. See Figures VIII-8 and VIII-9.
(b)
Building size, height, bulk, scale and mass.
[1]
Buildings shall maintain a similar size, height, bulk, scale
and mass as surrounding architecture.
[2]
If a proposed structure is to be larger than the structures
in surrounding developments, the building shall be subdivided into
massing that is proportional to the mass and scale of surrounding
structures.
(c)
Building rooflines and roof shapes. The visual continuity of
roofs and their contributing elements (parapet walls, coping, cornices,
etc.) shall be maintained in building development or redevelopment.
(d)
Building materials.
[1]
While only materials, techniques, and product types prescribed here are allowed, equivalent or better practices and products are encouraged. Proposed materials shall be submitted to staff and the Architectural Review Committee for approval. Where the proposed materials are dissimilar to the prevailing materials in the surrounding area, other characteristics, such as scale, proportion, detailing, color and texture, shall be utilized to ensure that enough similarity exists for the building to be compatible despite the use of different materials. The Plan Commission or Community Development Authority may waive or modify any or all of the requirements in this section in accordance with § 275-52C.
[2]
No building or addition to a building shall be permitted where
any exposed facade is constructed or faced with a finished material
which is visibly incompatible with other building facades in the area
and which presents an unattractive appearance to the public and surrounding
properties.
[3]
Building materials shall not create excessive glare. If highly
reflective building materials are proposed, such as aluminum, unpainted
metal and reflective glass, the potential for glare shall be evaluated
to determine if the glare will create a significant adverse impact
on adjacent property owners, neighborhoods or community in terms of
vehicular safety, outdoor activities, and enjoyment of views. If so,
such reflective materials shall be prohibited.
[4]
Mirror glass with a reflectivity or opacity of greater than
60% shall be prohibited.
[5]
Clear glass shall be used for commercial storefront display
windows and doors.
[6]
Recommended materials. "Permitted materials" are those that
are allowed for each district. "Considered materials" are materials
that may be permitted in certain cases depending on the character
of existing buildings, specific site issues, staff approval, and/or
Architectural Review Committee approval. See Figure VIII-10, Recommended
Materials.
Figure VIII - 10
Recommended Materials
| |||||||||
---|---|---|---|---|---|---|---|---|---|
Rm-1 Multiple-Family Resid- ential
|
R-6/R-7 Single-Family Resid- ential
|
Comm- ercial Districts
|
Office Districts
|
M-1 Light Manufact- uring
|
M-2 General Industrial
|
M-3 Section 34/35
|
Institut- ional Districts
|
Rural Comm- ercial Area
| |
Building Walls
| |||||||||
Brick
|
P (exposed or painted)
|
P (exposed, no brick painting)
|
P (exposed or painted)
|
P (exposed or painted)
|
P (exposed or painted)
|
P (exposed or painted)
|
P (exposed, no brick painting or CMU allowed)
|
P (exposed or painted)
|
P
|
Stucco - smooth or sand finish only
|
P
|
P
|
P
|
C
|
C
|
C
|
C
|
C
|
C
|
Stone - native, natural, veneer or cast
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
Glass panel system, glass storefront or curtain wall systems
|
*
|
*
|
P
|
P
|
P
|
P
|
P
|
P
|
*
|
Precast masonry - rough-faced
|
P (exposed foundation wall only) C (as base course material,
not to exceed 15% of total wall surface)
|
P (exposed foundation wall only) C (as base course material,
not to exceed 15% of total wall surface)
|
P (exposed foundation wall only) C (as base course material,
not to exceed 15% of total wall surface)
|
P (exposed foundation wall only) C (as base course material,
not to exceed 15% of total wall surface)
|
P
|
P
|
P
|
P (exposed foundation wall only) C (as base course material,
not to exceed 15% of total wall surface)
|
P
|
Gypsum reinforced fiber concrete/glass fiber reinforced gypsum
- for trim elements only
|
P
|
P
|
P
|
C
|
C
|
C
|
C
|
C
|
C
|
Manu- factured cement- ious siding/fiber cement board
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
Cedar shakes and lap siding
|
P
|
P
|
C
|
C
|
C
|
C
|
C
|
C
|
P
|
Vinyl siding - only with full-profile windows and trim
|
C (only for buildings already using this material)
|
C
|
C
|
C
|
*
|
*
|
*
|
C
|
*
|
EIFS (exterior insulated finish systems) - not at ground level
|
C (not to exceed 25% of total wall surface for the entire building)
|
C (not to exceed 25% of total wall surface for the entire building)
|
C (not to exceed 25% of total wall surface for the entire building)
|
C (not to exceed 25% of total wall surface for the entire building)
|
C (not to exceed 25% of total wall surface for the entire building)
|
C (not to exceed 50% of total wall surface for the entire building)
|
C (not to exceed 50% of total wall surface for the entire building)
|
C (not to exceed 25% of total wall surface for the entire building)
|
C (not to exceed 25% of total wall surface for the entire building)
|
Metal panels
|
C
|
*
|
C
|
C
|
C
|
C
|
C (only as an accent)
|
C
|
C
|
Architect- ural metal
|
C
|
*
|
P
|
P
|
P
|
P
|
P
|
C
|
C
|
Aluminum
|
*
|
*
|
*
|
*
|
*
|
*
|
*
|
*
|
*
|
Freestanding Walls and Fence
| |||||||||
Brick
|
P (exposed or painted)
|
P (exposed, no brick painting)
|
P (exposed or painted)
|
P (exposed or painted)
|
P (exposed or painted)
|
P (exposed or painted)
|
P (exposed, no brick painting or CMU allowed)
|
P (exposed or painted)
|
P
|
Stucco - smooth or sand finish only
|
P
|
P
|
P
|
C
|
C
|
C
|
C
|
C
|
C
|
Stone - native, natural, veneer or cast
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
Precast masonry - rough-faced
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
Manu- factured cement- ious siding/fiber cement board
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
Architect- ural metal
|
C
|
*
|
P
|
P
|
P
|
P
|
P
|
C
|
C
|
Wood pickets
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
Wood lattice
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
Wood boards
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
Wood and plastic composite (painted or stained)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
Wrought iron
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
Aluminum or decorative steel
|
P
|
P
|
P
|
P
|
P
|
P
|
P (no chain link)
|
P
|
P
|
P = Permitted material
|
C = Considered material
|
* = Prohibited material
|
(e)
Colors. Color shades shall be selected in general harmony with
the existing surrounding buildings.
(f)
Building location and orientation. To the maximum extent feasible,
primary facades and entrances shall face the adjacent street. Except
for the M-1, M-2, Q-1 and L-1 Districts, all main entrances shall
have a direct pedestrian connection to the street without requiring
all pedestrians to walk through parking lots or cross driveways.
(g)
Mechanical equipment and service structures. All mechanical equipment and service structures shall be located in a manner to be unobtrusive or screened from view. Screening and buffering of mechanical equipment shall be in accordance with § 275-56G.
(h)
Loading, trash, and utility areas. All loading, trash and utility areas shall be screened from street and side path views in accordance with § 275-56G(2). Screening materials should complement the building, as well as adjacent buildings, and be effective in every season. The only exception is that loading and overhead doors are allowed within the New Berlin Industrial Park as part of the SPO.
(i)
Additional architectural standards. Any additional architectural
standards deemed appropriate in the City of New Berlin or in the vicinity
of the project may be imposed by the Plan Commission.
(2)
Greenfield development sites.
(a)
Building design. Building design shall contribute to the uniqueness
of a zoning district and the City of New Berlin with predominant materials,
elements, features, color, and activity areas tailored specifically
to the site and its context in consultation with the Plan Commission.
(b)
Building materials.
[1]
Material choices as noted in § 275-59C(1)(d)[6].
[2]
Mirror glass with a reflectivity or opacity of greater than
60% shall be prohibited.
[3]
Clear glass shall be used for commercial storefront display
windows and doors.
(c)
Multiple-building developments. Each individual site shall feature
predominant characteristics, including but not limited to consistent
rooflines, use of compatible proportions in building mass and outdoor
spaces, complementary relationships to the street, similar window
and door patterns, and the use of similar building materials in terms
of color, shades and textures.
(d)
Massing. A single large building mass shall be avoided in all
residential and commercial districts.
(e)
Color. Color shades shall be used to facilitate unification
of the development. The color shades should draw from other developments
that have been approved in the City of New Berlin.
D.
Specific architectural design standards.
(1)
While the architectural design standards prescribed are required,
staff and/or the Architectural Review Committee shall have final approval.
(2)
Agricultural buildings. Agricultural buildings shall be designed
to be appropriately proportioned to the intended agricultural use.
(3)
Building facades.
(a)
O-1, O-2 and O-3 Districts. In the O-1, O-2 and O-3 Districts,
all building walls facing a street shall be permitted building materials.
[1]
Such materials shall extend around all four sides of the structure.
[2]
Building facades should be composed to define base, middle,
and top elements. The base of the building anchors it to the ground
and is the interface between the building and people. The transition
between the middle of the building and the base and top should be
articulated by the use of contrasting materials, window openings,
or ornamental elements. The top terminates the building against the
sky and provides an opportunity to create an interesting silhouette.
[3]
Building elevations should be articulated in ways that give
the appearance of multiple layers which add depth and avoid the appearance
of flat facades. Suggested techniques include setting windows back
from the exterior wall plane; adding decorative elements, such as
cornices, lintels, sills, awnings, and canopies; expressing structural
columns through changes of plane; creating arcade walkways; and extending
roof eaves.
[4]
A change in materials or stepbacks (from six inches to 10 inches)
shall be incorporated to articulate the ground or first floor from
upper floors. Stepbacks and patios can also be incorporated on upper
floors to further articulate the building.
[5]
Building entries shall be clearly defined and articulated.
[6]
Ground-level offices should include clear glass windows.
[7]
To avoid monotonous and elementary building design, proposed
architecture should incorporate new urbanist principles, such as towers,
raised corners to complement the surrounding area and streetscape,
rooflines of varying heights, wall planes that are varying in depth
and other significant design elements; modular and/or premanufactured
buildings should also incorporate the design elements described above.
(b)
M-1, M-2, M-3, and I-1 Districts. In the M-1, M-2, M-3 and I-1
Districts, all building exteriors facing a street shall be permitted
materials.
[1]
Such materials shall extend around all four sides of the structure.
[2]
Large buildings should include some smaller masses and forms
to break down the building scale and provide visual richness. Techniques
include using recesses or projections, creating distinct building
components, and occasionally varying roof forms.
[3]
Building elevations should be articulated in ways that give
the appearance of multiple layers which add depth and avoid the appearance
of flat facades. Suggested techniques include setting windows back
from the exterior wall plane; adding decorative elements such as cornices,
lintels, or sills; expressing structural columns through changes of
plane; and extending roof eaves.
[4]
Building facades should be composed to define base, middle,
and top elements. The base of the building anchors it to the ground
and is the interface between the building and people. The transition
between the middle of the building and the base and top should be
articulated by the use of contrasting materials, window openings,
or ornamental elements. The top terminates the building against the
sky and provides an opportunity to create an interesting silhouette.
(c)
B-1, B-2, B-3 and B-5 Districts. In the B-1, B-2, B-3 and B-5
Districts, all building exteriors facing a street shall be permitted
building materials.
[1]
Building facades should be composed to define base, middle,
and top elements. The base of the building anchors it to the ground
and is the interface between the building and people. The transition
between the middle of the building and the base and top should be
articulated by the use of contrasting materials, window openings,
or ornamental elements. The top terminates the building against the
sky and provides an opportunity to create an interesting silhouette.
[2]
Building elevations should be articulated in ways that give
the appearance of multiple layers which add depth and avoid the appearance
of flat facades. Suggested techniques include setting windows back
from the exterior wall plane; adding decorative elements such as cornices,
lintels, sills, awnings, and canopies; expressing structural columns
through changes of plane; creating arcade walkways; and extending
roof eaves.
[3]
Building orientation, setbacks, and design elements shall encourage
visual continuity between developments.
[4]
A change in materials or stepbacks (from six inches to 10 inches)
shall be incorporated to articulate the ground or first floor from
upper floors. Stepbacks and patios can also be incorporated on upper
floors to further articulate the building.
[5]
Building entries should be clearly defined and articulated.
[6]
Ground-level retail should include clear glass windows.
[7]
To avoid monotonous and elementary building design, proposed
architecture should incorporate new urbanist principles, such as towers,
raised corners to complement the surrounding area and streetscape,
rooflines of varying heights, wall planes that are varying in depth
and other significant design elements; modular and/or premanufactured
buildings should also incorporate the design elements described above.
(d)
Rm-1 District. In the Rm-1 District, all building exteriors
facing a street shall be permitted building materials.
[1]
Materials shall be used in horizontal bands only and shall be
consistent on all facades.
[2]
Materials shall not be mixed on the same facade, except as bandings
or approved details.
[3]
Building orientation, setbacks, and design elements shall encourage
visual continuity between developments.
[4]
A change in materials or stepbacks (from six inches to 10 inches)
shall be incorporated to articulate the ground or first floor from
upper floors. Stepbacks and patios can also be incorporated on upper
floors to further articulate the building.
[5]
Building entries should be clearly defined and articulated.
(e)
R-6 and R-7 Districts. Home construction in the R-6 and R-7
Districts shall utilize architectural materials similar in quality
to subdivisions along Sunny Slope Road. An approval from an architectural
review board of the homeowners' association may be required prior
to issuance of building permits from the City.
(f)
Rural Commercial Area. Buildings shall follow the Rural Commercial
Area requirements outlined in Figure VIII-10 over an individual zoning
district when considering building materials.
(4)
Freestanding walls and fences.
(6)
Overhead dock door. No overhead dock doors on a business, industrial,
institutional, or park building shall face a public street, with the
exception of the New Berlin Industrial Park Special Plan Overlay District.
The Plan Commission or CDA may permit overhead doors (not including
docks) to face a public street when it has made a finding that there
is no feasible alternative location for such doors.
This section permits specific uses in specific districts, and
these performance standards are designed to limit, restrict, and prohibit
the effects of those uses outside their premises or district. All
structures, lands, air, and waters shall hereafter, in addition to
their use, site, and sanitary regulations, comply with the following
performance standards:
A.
Air pollution. No person or activity shall emit smoke, fly ash, dust,
particulates, fumes, vapors, mists, or gases in quantities to exceed
established state or federal air pollution standards or constitute
a nuisance to surrounding property owners. Dust and other types of
pollution borne by the wind from such sources as storage areas, yards,
roads, and the like within lot boundaries shall be kept to a minimum
by appropriate landscaping, paving, oiling, fencing, or other acceptable
means.
B.
Fire and explosive hazards. All activities involving the manufacturing,
utilization, processing, or storage of flammable and explosive materials
shall be provided with adequate safety devices against the hazard
of fire and explosion and with adequate firefighting and fire-suppression
equipment, as defined in the City of New Berlin Fire Code,[1] and devices that are standard in the industry. All materials
that range from active to intense burning shall be manufactured, utilized,
processed, and stored only in completely enclosed buildings which
have incombustible exterior walls and an automatic fire-extinguishing
system. The aboveground storage capacity of materials that produce
flammable or explosive vapors shall not exceed the following:
Table 275-60-1
| ||
---|---|---|
Closed Cup Flash Point
|
Gallons
| |
Over 187º F.
|
400,000
| |
105º F. to 187º F.
|
200,000
| |
Below 105º F.
|
100,000
|
C.
Glare and heat. No activity shall emit glare or heat that is visible
or measurable outside its premises, except activities that may emit
direct or sky-reflected glare which shall not be visible outside their
district. All operations producing intense glare or heat shall be
conducted within a completely enclosed building. Exposed sources of
light shall be shielded so as not to be visible outside their premises.
D.
Water quality protection. No activity shall locate, store, discharge,
or permit the discharge of any treated, untreated, or inadequately
treated liquid, gaseous or solid materials unless it meets all requirements
of the City of New Berlin Stormwater Management Plan and Chapter 226,
Stormwater Runoff.
E.
Noise.
(1)
No activity in § 275-35B(5), M-2 General Industrial District, or in § 275-37B(1), Q-1 Quarrying and Extractive District, shall produce a sound level outside the district boundary that exceeds the following sound level measured by a sound-level meter and associated octave-band filter:
Table 275-60-2
| ||
---|---|---|
Octave Band Frequency
(cycles per second)
|
Sound Level
(decibels)
| |
0 to 75
|
79
| |
75 to 150
|
74
| |
150 to 300
|
66
| |
300 to 600
|
59
| |
600 to 1,200
|
53
| |
1,200 to 2,400
|
47
| |
2,400 to 4,800
|
47
| |
Above 4,800
|
39
|
(2)
No activity in any other district shall produce a sound level outside
its premises that exceeds the following:
Table 275-60-3
| ||
---|---|---|
Octave Band Frequency
(cycles per second)
|
Sound Level
(decibels)
| |
0 to 75
|
72
| |
75 to 150
|
67
| |
150 to 300
|
59
| |
300 to 600
|
52
| |
600 to 1,200
|
46
| |
1,200 to 2,400
|
40
| |
2,400 to 4,800
|
34
| |
Above 4,800
|
32
|
(3)
All noise shall be so muffled or otherwise controlled as not to become
objectionable due to intermittence, duration, beat frequency, impulse
character, periodic character or shrillness.
(4)
Sirens, whistles, and bells which are maintained and utilized solely
to serve a public purpose are exempt from the sound level standards
of this section.
F.
Odors. Except for food preparation and cooking odors emanating from
residential properties and odors associated with property development
and maintenance (such as construction, lawn care, and the painting
and roofing of structures), no odor shall be created for periods exceeding
a total of 15 minutes per day which is detectable by a healthy observer,
such as the Director, who is unaffected by background odors such as
tobacco and food, at the property line of the regulated use where
any such use abuts any residential, business, office, institutional,
or park district.
G.
Radioactivity and electrical disturbances. No activity shall emit
radioactivity or electrical disturbances outside its premises that
are dangerous or adversely affect the use of neighboring premises.
H.
Vibration. No activity in any district shall emit vibrations that
are discernible without instruments outside its premises. No activity
shall emit vibrations that exceed the following displacement measured
with a three-component measuring system:
Table 275-60-4
| ||
---|---|---|
Displacement
(inches)
| ||
Frequency
(cycles per second)
|
Outside the Premises
|
Outside the District
|
0 to 10
|
.0020
|
.0004
|
10 to 20
|
.0010
|
.0002
|
20 to 30
|
.0006
|
.0001
|
30 to 40
|
.0004
|
.0001
|
40 to 50
|
.0003
|
.0001
|
50 and above
|
.0002
|
.0001
|
I.
Lighting.
[Amended 6-11-2019 by Ord. No. 2620]
(1)
General provisions. No exterior lighting used for parking lots, signage,
recreational facilities, product display or security shall be permitted
to spill over on operators of motor vehicles, pedestrians, and uses
of land in the vicinity of the light source. These requirements shall
not apply to lighting placed in a public right-of-way for public safety.
(2)
Type. Shielded luminaries or luminaries with cutoff optics and careful
fixture placement shall be required so as to facilitate compliance
with this section.
(3)
Orientation. Exterior lighting fixtures shall be oriented so that
the lighting element (or a transparent shield) does not throw rays
onto neighboring properties. Light rays shall not be directed into
street rights-of-way or upward into the atmosphere.
(4)
Minimum lighting standards. All areas designated on approved site
plans for vehicular parking, loading or circulation and used for any
such purpose after sunset shall provide artificial illumination in
such areas, exclusive of approved anti-vandal lighting. This standard
shall not apply to properties in agricultural and single-family residential
districts.
(a)
Multifamily development.
(b)
Nonresidential development.
[1]
The average illumination shall be 2.0 footcandles.
[2]
The average to minimum illumination ratio is approximately 5:1
(0.4 footcandle minimum).
[3]
The maximum to minimum illumination ratio is approximately 20:1
(8.0 footcandles maximum).
[4]
Streetlighting, where required, on public roadways shall follow
IESNA RP-8 specifications.
(5)
Intensity of illumination. The intensity of illumination, measured
at the side and rear property lines, shall not exceed 0.5 footcandle
if the adjacent land uses are residential.
(6)
Height. Lights and light fixtures shall have a maximum height of
25 feet measured to the bottom of the luminaire.
(7)
Location. Light fixtures shall not be permitted within required buffer
yards.
(8)
Flashing, flickering, and other distracting lighting. Flashing, flickering,
and other distracting lighting that may distract motorists is prohibited.
(9)
Nuisances. Lighting which creates or becomes a public nuisance is
not permitted.
(10)
Accent lighting. Accent lighting and low-voltage lighting (12
volts or less) is exempt from these requirements. This would include
decorative residential post lights or decorative residential building
lights.
(11)
Nonconforming lighting. All lighting fixtures approved prior
to the adoption of this chapter and that do not comply with the provisions
of this section shall be treated as and regulated as legal nonconforming
uses.
[Amended 7-22-2014 by Ord. No. 2524; 1-12-2016 by Ord. No. 2558; 7-26-2016 by Ord. No. 2570; 4-25-2023 by Ord. No. 2668]
A.
Purpose and intent.
(1)
The purpose of this section is to provide for and regulate the design,
location, and safe construction of signs in a manner to ensure that
all signs are compatible with surrounding land uses, are well maintained,
and express the identity of individual proprietors and the City as
a whole. Signs allowed within the City of New Berlin are for the purpose
of location and identification not for advertisement. All sign permits,
unless otherwise specified, shall be applied for on forms provided
by the Department of Community Development (DCD) and administratively
reviewed by the Department.
(2)
In considering a sign application, DCD staff shall consider:
(a)
The appearance, material for construction, location, lighting,
height and size of the sign;
(b)
Safety of operators of vehicles upon the adjoining streets and
highways;
(c)
The effect of the sign on property values within the immediate
area;
(d)
The effect of such sign with respect to the scenic beauty of
the vicinity in which the sign is proposed to be located;
(e)
The effect of such sign with respect to enforcing state laws,
county and City ordinances;
(f)
The effect of the sign with respect to the danger to human life
because of falling or combustibility;
(g)
The effect of the sign with respect to the prevention of crime;
and
(h)
The effect of such sign and display with respect to the general
welfare, morals, and the conserving of the taxable value of lands
and building located within the City and in the immediate area adjacent
to the proposed location of the sign.
B.
Compliance.
(1)
No sign shall hereafter be located, erected, moved, reconstructed,
extended, enlarged, converted or structurally altered without a sign
permit and conforming with the provisions of this chapter. No sign
permit shall be issued to a business or property that does not have
a zoning permit.
(2)
The Department of Community Development (DCD), upon review of a sign
application, has the authority to administratively approve the sign
application through the administrative permit policy, provided that
it meets all the requirements of this chapter.
C.
Sign permit application requirements. Application for a sign permit
shall be made on forms provided by the Department of Community Development
and must contain or have attached thereto the following information:
(1)
Name, address, and telephone number of the applicant and the property
owner; location of the building, structure, or lot upon which the
sign is to be attached or erected.
(2)
Name of person, firm, corporation, or association erecting the sign.
(3)
Written consent of the owner or lessee of the building, structure,
or land to which or upon which the sign is to be affixed.
(4)
A scaled drawing of such sign indicating the dimensions, the materials
to be used, the type of illumination, if any, and the method of construction
and attachment.
(5)
A scaled colored copy of the proposed sign superimposed on the building
or structure.
(6)
A scaled site plan indicating the location and position of such sign
in relation to nearby buildings or structures or public streets and
rights-of-way.
(7)
Fees. The applicant shall pay all applicable fees. The fee schedule
is on file with the Department of Community Development. If a sign
is erected before a permit is issued, the violator shall be assessed
a double fee for the sign permit.
(8)
Additional information as required by the Department of Community
Development, the Plan Commission, or the Community Development Authority
(where applicable).
D.
Procedure. Procedures for sign permits shall follow the procedures set forth in § 275-29.
(1)
Sign permit applications shall be filed with the permit application
center and forwarded on to the Department of Community Development,
which shall review the application for its completeness, accuracy,
design integrity, material for construction. This determination and
the permit shall be issued within five business days. If the application
is incomplete or the sign application does not meet the requirements
within the sign code, it may delay issuance of the sign permit or
require that the application be forwarded to the Plan Commission or
the Community Development Authority (where applicable) who shall approve
or deny the application within 45 business days of receipt from the
applicant. A sign permit shall be issued by the Department of Community
Development. The permit shall become null and void if work authorized
under the permit has not been completed within one year of the date
of issuance.
(2)
Architectural Review Committee. Under special circumstances, the
Department of Community Development shall forward sign permit applications
to the Architectural Review Committee to review the materials for
construction and design integrity of selected proposed signage.
(3)
Construction review. Staff may refer a sign permit request to inspection
services for review of construction details or specifications prior
to approval.
(4)
Inspection. The sign owner shall call the Department of Community
Development or designated member of staff for an electrical inspection
(if applicable) upon completion of all permit requirements and installation.
(5)
Appeal. An applicant may appeal a decision made by staff to the Plan
Commission or the Community Development Authority (where applicable)
for determination. An additional review fee as determined by the Director
shall be required for any sign application that is forwarded to the
Plan Commission or the Community Development Authority (where applicable)
for review.
(6)
Waiver. An applicant may request a waiver from the Plan Commission
or Community Development Authority (where applicable) for the requirements
set forth in this section. All sign waiver requests are subject to
an application review fee as established by the Director.
E.
General provisions.
(1)
Existing signs. Signs lawfully existing at the time of the adoption or amendment of this chapter may be continued, although the use, size or location does not conform with the provisions of this chapter. However, it shall be deemed a nonconforming use or structure, and the provisions of Article VII of this chapter shall apply to specific nonconforming rights. By maintaining a sign in the established right-of-way of an adjoining street or highway, the owner does so at his own risk, and no damages will be awarded if the removal is required for public use or safety or right-of-way acquisition.
(2)
Sign size. The size of a sign shall be in proportion and coordinate
with the building and site on which it is located and shall adhere
to the size requirements in this section.
(3)
Measurement of sign area. In calculating the area of a sign to determine
whether it meets the requirements of this chapter, DCD staff shall
include the sign copy and any border or frame surrounding that copy.
Supporting members of a sign shall be excluded from the area calculation.
Area of irregularly shaped signs or signs containing two or more detached
elements shall be determined by the area of the smallest regular polygon
that will encompass all elements of the sign (see Figure VIII-10.)
(4)
Measurement of sign height. The height of the sign shall be computed
as the distance from the base of the sign at the existing or new grade
to the top of the highest attached component of the sign.
(5)
Location.
(a)
All signs shall be constructed/erected on the business property.
(b)
No part of the sign or sign base shall overhang onto an adjacent
property or be located within the ultimate right-of-way.
(c)
No sign shall be located within the vision clearance triangle.
(d)
No sign shall identify or direct attention to a business, activity, or enterprise that is not located on the same premises as the sign. Off-premises signs are prohibited in the City of New Berlin, with the exception of official signs that benefit the City and are located on City-owned land, and signs located within the special commercial sign areas identified in § 275-61J.
(e)
When required for safety, curbs, protective bumpers or planters
shall be placed below signs to prevent damage from passing motor vehicles
or pedestrians.
(f)
Signs shall not flash or blink other than approved electronic
message devices. Sirens, strobe lights and other illuminated devices
shall not be used to draw attention to a sign or business.
(6)
Maintenance.
(a)
The owner of any sign shall keep it in good maintenance and
repair, which includes restoring, repainting to the same color, or
replacement of a worn or damaged legally existing sign to its original
condition. The owner shall also maintain the premises on which the
sign is erected in a clean, sanitary, and inoffensive condition, free
and clear of all obnoxious substances, rubbish, weeds, and grass.
(b)
The owner of any sign shall be required to have all parts and
supports of a sign properly painted as directed by DCD staff unless
they are galvanized or otherwise treated to prevent rust and deterioration.
(c)
The sign owner shall be responsible for the maintenance of the
sign. If the sign ownership should transfer, the new owner shall be
responsible for the maintenance of the sign.
(d)
Temporary signs are allowed; however, once the tenant space
is permitted by the City, the sign shall be removed from the property.
F.
Construction standards.
(1)
General standards.
(a)
Signs shall not resemble, imitate, or approximate the shape,
size, form, or color of railroad or traffic signs, signals or devices.
(b)
Signs shall not obstruct or interfere with the effectiveness
of railroad or traffic signs, signals or devices. Signs shall not
be placed so as to obstruct or interfere with traffic visibility.
(c)
No person shall display upon any sign or other sign structure
any obscene, indecent, or immoral matter.
(d)
No signs or any part thereof or sign anchors, braces, or guide
rods shall be attached, fastened, or anchored to any fire escape,
fire ladder, or standpipe, and no such sign or any part of any such
sign or any anchor, brace, or guide rod shall be erected, put up,
relocated, or maintained so as to hinder or prevent free ingress or
egress through any door, doorway, window, or fire escape or so as
to hinder or prevent the raising or placing of ladders against such
building by the Fire Department of the City, as necessity therefore
may require.
(2)
Lighting.
(a)
No sign shall be lighted or flashing in such a way as to cause
glare or impair driver visibility upon public ways or adjacent properties.
If external illumination is approved by staff, the fixture shall be
mounted on a permanent unmovable base and the neck soldered so as
to prevent the fixtures from being tampered with or redirected.
(b)
All signs with electrical wiring shall require an electrical
permit from the City Electrical Inspector.
(3)
Wind pressure and dead-load requirements. The applicant and installers
shall ensure that all signs and other display structures shall be
designed and constructed to withstand wind pressure of not less than
40 pounds per square foot of area and shall be constructed to receive
dead loads as required by the Building Inspector pursuant to the City
Building Code[1] or other ordinance.
(4)
Supporting members or braces. The applicant and installer shall ensure
that all signs shall be constructed of galvanized iron, properly treated
wood, steel, copper, brass, or other noncorrosive incombustible material.
The applicant and installer shall ensure that every means or device
used for attaching any sign shall extend through the walls of the
building if the safe and permanent support of such sign so requires
and shall be securely anchored by wall plates and nuts to the inside
of the walls. Small flat signs containing less than 10 square feet
of area may be attached to a building by the use of lag bolts or other
means.
G.
Signs permitted in all zoning districts without a permit. The following
signs are permitted in all zoning districts without a permit, subject
to the following and any other applicable regulations:
(1)
Yard signs. One yard sign may be allowed, not exceeding six square
feet. The sign shall be placed on the property and no such signs shall
be erected or placed within a public right-of-way, on light poles,
utility poles, etc. No yard signs shall be placed off premises.
(2)
Signs shall not be erected 30 days prior to the event, and signs
shall be removed within 48 hours of the event.
H.
Signs permitted in residential zoning districts with a permit. Signs
are permitted in any R-1, R-2, R-2E, R-3, R-4, R-4.5, R-5, R-6, Rd-1
or Rm-1 Zoning District, subject to the following regulations and
other applicable standards in this chapter:
(1)
Temporary development signs. Allowed with an approved project. One
sign at the entrance to the development is allowed, provided that
the sign shall not exceed 32 square feet in area or eight feet in
height. DCD staff shall specify the period of time the sign may remain,
based on the size of the development.
(2)
Residential monument signs. A permanent monument sign displaying
the subdivision name may be placed at each entrance to the subdivision,
not to exceed two signs per subdivision street frontage. Applicant
shall submit an application for a sign permit including the following
items:
(a)
A site plan indicating the location of the sign.
(b)
A color rendering of the proposed sign.
(c)
Residential monument signs may, at the discretion of DCD staff,
be placed within the public right-of-way, provided that such signs
will not cause a hazard to traffic or adjoining property. A release
and hold-harmless agreement including the following language shall
be required:
[1]
All residential monument sign placement, relocation and removal
shall be at the sign owner's sole expense.
[2]
The sign owner(s) agrees to remove the residential monument
signs upon receiving 10 days' written notice from the City of
New Berlin when the residential monument signs would impede construction,
reconstruction or maintenance of the road right-of-way or interfere
with vision of users of the roadway or otherwise interfere with traffic.
[3]
City shall not be liable for any liens filed against the property
(signs).
[4]
The sign owner(s) further agrees to remove the residential monument
sign(s) upon receiving 30 days, written notice from the City of New
Berlin for any or no reason at all.
[5]
All residential monument sign placement, replacement, relocation
and removal shall be at the sign owner's sole expense. If the
individual residential lots do not maintain the sign and it is in
disrepair or becomes a hazard to public safety, the City shall have
the authority to remove the sign.
[6]
The residential homeowners' association shall be responsible
for paying all maintenance of the signs and associated landscaping.
Written agreements shall be on file with the City of New Berlin from
the Developer and/or the homeowners' association as to the future
maintenance and care for any proposed landscaping and structure/monument
repairs and/or removal.
[7]
If the residential homeowners' association should become
defunct, then the individual subdivision lots would be responsible
for the maintenance of the sign and any landscaping.
[8]
This document shall be construed as a permit only and not as
an easement.
(3)
Agricultural signs. Permanent or temporary signs may be allowed up
to a total of 32 square feet. No individual sign shall be greater
than 32 square feet or eight feet in height.
I.
Signs permitted in nonresidential zoning districts with a permit. Signs are permitted in B-1, B-2, B-3, B-5, O-1, O-2, O-3, M-1, M-2, M-3, Q-1, L-1, I-1, P-1, P-2 or PUD/SPO Zoning District, subject to the following regulations and other applicable standards in this chapter. Existing deed restrictions and covenants or design guidelines and standards with more restrictive requirements shall be enforced in conjunction with the sign section of this chapter (§ 275-61):
(1)
Sign
type and permitted sizes.
(a)
Wall signs or building signs. Wall signs and building signs
shall be placed against the exterior walls of buildings and shall
not extend more than 12 inches outside of a building's wall surface;
shall not exceed one square foot in area for every one linear foot
of building face width on which they are mounted; and shall not exceed
the height or project beyond the building.
(b)
Awning and canopy signs. Awning and canopy signs affixed flat
to the surface of a marquee or canopy are permitted in lieu of a wall
sign, provided that the sign does not extend vertically or horizontally
beyond the limits of such marquee, awning, or canopy. An awning or
canopy may extend up to 12 feet beyond the building to which it is
affixed but shall not extend into a required front yard, side yard,
or rear yard, nor shall it extend closer than one foot to the vertical
plane formed by the curbline in a shopping center. A name sign not
exceeding two square feet in area located immediately in front of
the entrance to an establishment may be suspended from an awning or
canopy, provided that the name sign is at least eight feet above the
sidewalk. The canopy sign shall be considered one of the two allowable
signs, subject to one of the signs being a monument/ground sign.
(c)
Monument signs.
[1]
All new signs and/or replacement of existing signs located along
arterials or major thoroughfares shall be placed on a monument base
constructed of the same material and color or shall enhance the exterior
architecture of the principal building. Arterials include Calhoun
Road, Cleveland Avenue, Greenfield Avenue, Lincoln Avenue, Moorland
Road, National Avenue, Howard Avenue, Beloit Road, Coffee Road, Lawnsdale
Road, Janesville Road, Racine Avenue, College Avenue, Sunny Slope
Road, 124th Street, Small Road, and Grange Avenue.
[2]
The width of the sign base shall not be less than 75% of the
width of the sign face. The sign base shall be a minimum of 18 inches
tall. The monument sign shall not exceed eight feet in height. The
sign shall be set back entirely outside the ultimate right-of-way
and vision triangle.
[3]
Monument signs shall not exceed 32 square feet in face area
per side. The face area includes all surface area of the signage box
and sign face but excludes the surface area of the signage base described.
[4]
Monument signs may be positioned either parallel or perpendicular
to the public right-of-way.
[5]
Address plaque or numbers shall be required on the monument
base or incorporated onto the sign face.
[6]
The applicant may request a waiver from the Plan Commission
for the requirement for a monument sign. If a waiver is granted, the
monument sign may not be substituted for an additional wall sign.
(d)
Ground signs. Ground signs shall not exceed eight feet in height
and shall be set back entirely outside the ultimate right-of-way and
shall not exceed 32 square feet in area on one side.
(e)
Pole signs. All pole signs are prohibited.
(f)
Roof signs. Roof signs are prohibited.
(g)
Electronic message centers (EMCs) and changeable message signs.
EMCs or changeable message signs may be erected as part of ground
and monument signs and shall meet the requirements for those sign
types.
[1]
The sign area for EMCs or changeable message signs shall be
included in the total permitted sign area allowed and shall not exceed
50% of the total sign area. The maximum size for an EMC or changeable
message sign is 24 square feet.
[2]
The changeable message portion of the sign must occupy a secondary
position to the name of the business, development and/or tenant.
[3]
An EMC may display static images only. No blinking, flashing,
moving, scrolling or animated messages permitted. A message/image
on an EMC shall not flash, scroll, twirl or otherwise move when changing.
[4]
Text or images, or any portions thereof, on an EMC may change
up to, but not more frequently than, once every eight seconds.
[5]
Illumination. The maximum illumination of any electronic message
or manual changeable message sign shall not exceed 15 footcandles
when measured with a light meter held perpendicular to the sign at
a distance of 24 inches.
[6]
Each sign shall be placed in such a manner so as to not interfere
with, confuse or present any hazard to traffic or pedestrians. This
determination is in the reasonable discretion of the Plan Commission.
[7]
A sign containing an EMC shall not be located closer than 100
feet from a residentially zoned property. The distance shall be calculated
as the shortest measurable distance between the face of the sign to
the edge of the residential zoning district, in a straight line without
regard to intervening structures. Right-of-way is not included and
shall be subtracted from this measurement.
[8]
Audio speakers and all forms of pyrotechnics are prohibited.
[9]
EMCs are not allowed within the rural commercial area. See § 275-61F(2)(c) and City of New Berlin Comprehensive Plan, Chapter 12.
(h)
Off-premises signs. Off-premises signs are prohibited, except
for where otherwise noted in this section.
(2)
Number
of signs.
(a)
Only two signs may be permitted per business. Owners may elect
for them to be any combination of wall signs, ground signs, or monument
signs, not exceeding a total of two, and approved by DCD staff. Numbers
of permitted signs by type are listed in Table 275-61-1.
Table 275-61-1
| |||
---|---|---|---|
Sign Combinations
| |||
Maximum Number of Wall Signs
|
Monument Sign
|
Maximum Number of Total Signs
| |
Citywide
| |||
1 right-of-way frontage
|
1
|
Required
|
2
|
Multiple right-of-way frontages and building over
10,000 square feet
|
2
|
Required
|
3
|
Business/Industrial Parks
| |||
1 right-of-way frontage
|
1
|
Optional
|
2
|
Multiple right-of-way frontages and building over
10,000 square feet
|
2
|
Optional
|
3
|
(b)
All multitenant buildings may provide a tenant directory as part of the master identification monument sign as defined below in § 275-61I(3)(b).
(c)
Separate wall canopy or fascia signs may be allowed for each
tenant in a retail, shopping, industrial or commercial center, subject
to the approval of an overall coordinated sign plan by the DCD staff
for the building. The size of wall signs approved in this manner shall
be figured using the width of the bay occupied by each tenant.
(d)
Price signs for gasoline or diesel fuel sales as required by
other governmental regulatory entities shall not be subject to limitations
on numbers of signs; however, such price signs shall not exceed an
additional 20 square feet in area and shall be incorporated into a
permanent sign.
(e)
Directional signs six square feet in area or less and with a
maximum height of four feet are allowed but shall require DCD staff
approval. These do not count towards the total sign count for the
business.
(f)
ATM. ATM network signs shall require a sign permit.
(3)
Overall coordinated sign plan.
(a)
The overall coordinated sign plan shall be developed and submitted
to DCD staff for any building that has more than one tenant in all
zoning districts.
(b)
Master identification monument sign. The overall coordinated
sign plan shall permit multitenant buildings to have one freestanding
monument sign.
[1]
Master identification monument signs shall not exceed 32 square
feet in face area. The face area includes all surface area of the
signage box and sign face but excludes the surface area of the signage
base described.
[2]
The height of the master identification monument sign shall
be limited to eight feet.
[3]
The sign base shall be a minimum of 18 inches in height. The
monument sign shall not exceed eight feet in height unless a waiver
is approved by the Plan Commission or Community Development Authority
and shall be set back entirely outside the ultimate right-of-way and
vision triangle.
[4]
Monument signs or master identification monument signs may be
positioned either parallel or perpendicular to the public right-of-way.
[5]
Address plaque or numbers shall be required on the monument
base or face of the sign.
(c)
Wall signs. Individual businesses within the development are allowed a wall sign meeting the provisions in § 275-61I(1) and (2), in addition to the master identification monument sign.
J.
Special
commercial sign areas.
(1)
Purpose. The Plan Commission and Common Council have determined that
there are certain commercial areas in the City that warrant the designation
as special commercial sign areas to permit additional and/or larger
signage because:
(a)
Such areas are characterized by intense commercial activity
and a high concentration of retail, commercial and business uses along
major streets;
(b)
The uses to which such signs pertain have long street frontages
and/or have a significant setback from the right-of-way;
(c)
Major roads in these areas have wide rights-of-way, divided
highways and a higher speed of traffic; and
(d)
Sign locations are buffered from residential areas.
(2)
Designation. The City hereby designates special commercial sign districts
for qualifying businesses within the areas described below:
(a)
Moorland Road Business Corridor. The Moorland Road Business
Corridor is defined as nonresidential properties abutting Moorland
Road north of the railroad tracks to Greenfield Avenue and properties
abutting both sides of Moorland Road south of the Moorland Commons
and Moorland Reserve developments to College Avenue. This area also
includes properties abutting Beloit Road between Towne Drive and I-43.
Any property that has right-of-way adjacent to the areas described
above or has an access point connecting the development to Moorland
Road are considered to be located within the Moorland Road Business
Corridor. See the map below.
(3)
Moorland Road Business Corridor. The areas identified within the
Moorland Road Business Corridor are subject to the sign standards
listed below.
(a)
Number of signs. Only three signs may be permitted per business. Per § 275-61I(1)(c)[1], monument signs are required along arterials.
(b)
Wall signage.
[1]
There shall be a maximum number of two wall signs permitted
per business.
[2]
Wall signs and building signs shall be placed against the exterior
walls of buildings and shall not extend more than 12 inches outside
of a building's wall surface; shall not exceed 1.25 square foot
in area for every one linear foot of building face width on which
they are mounted; and shall not exceed the height or project beyond
the building.
[3]
The maximum area of a wall sign may be increased by 25% if the
building elevation where the sign is located faces the right-of-way
and is set back by more than 150 feet from the public right-of-way.
(c)
Monument signs.
[1]
Monument signs shall adhere to the stipulations outlined in § 275-61I(1)(c) and (3)(b), with exception to the items listed below.
[2]
Each parcel may have a maximum of one monument sign per street
frontage. Monument sign(s) may be placed anywhere on the property
that is outside of the ultimate right-of-way, vision triangle and
circulation areas, but is limited to a maximum of one monument sign
per street frontage.
[3]
Where at least one access point is commonly shared within a
development and cross access is provided, off-premises monument and
directory signage for the businesses located within the development
is permitted. Signage shall be integrated into an overall coordinated
sign plan for the entire development. Coordinated sign plan shall
be reviewed and approved by DCD.
[4]
The total monument sign height shall not exceed 13 feet.
[5]
Maximum size of the monument sign face:
[a]
The area for a single tenant monument sign shall
not exceed 75 square feet per side.
[b]
The area for a multitenant master identification
monument sign that incorporates tenant names shall not exceed 100
square feet per side.
[c]
Square footage calculations do not include any
architectural elements of the sign.
[6]
EMCs shall adhere to the regulations outlined in § 275-61I(1)(g).
(4)
City Center. The areas identified within the City Center are subject
to the standards listed below.
(a)
Number of signs. Only three signs may be permitted per business. Owners may elect for them to be any combination of wall signs or monument signs, subject to the requirements listed below. Per § 275-61I(1)(c)[1], monument signs are required along arterials.
(b)
Wall signage.
[1]
There shall be a maximum number of two wall signs permitted
per business.
[2]
Wall signs and building signs shall be placed against the exterior
walls of buildings and shall not extend more than 12 inches outside
of a building's wall surface; shall not exceed 1.25 square foot
in area for every one linear foot of building face width on which
they are mounted; and shall not exceed the height or project beyond
the building.
[3]
The maximum area of a wall sign may be increased by 25% if the
building elevation where the sign is located faces the right-of-way
and is set back by more than 150 feet from the public right-of-way.
(c)
Monument signs.
[1]
Monument signs shall adhere to the stipulations outlined in § 275-61I(1)(c) and (3)(b), with exception to the items listed below.
[2]
Each parcel may have a maximum of one monument sign per street
frontage. Monument sign(s) may be placed anywhere on the property
that is outside of the ultimate right-of-way, vision triangle and
circulation areas, but is limited to a maximum of one monument sign
per street frontage.
[3]
Where at least one access point is commonly shared within a
development and cross access is provided, off-premises monument and
directory signage for the businesses located within the development
is permitted. Signage shall be integrated into an overall coordinated
sign plan for the entire development. Coordinated sign plan shall
be reviewed and approved by DCD.
[4]
Multitenant monument signs shall have at minimum: a base, a
midsection including field of text and a top element. The top element/feature
(typically the anchor tenant's name and/or plaza name) shall
not be included within the square footage calculations, but shall
be architecturally integrated into the overall sign.
[5]
The total monument sign height shall not exceed 13 feet.
[6]
Maximum size of the monument sign face:
[a]
The area for a single tenant monument sign shall
not exceed 32 square feet per side.
[b]
The area for a multitenant master identification
monument sign that incorporates tenant names shall not exceed 36 square
feet per side.
[c]
Square footage calculations do not include any
architectural elements of the sign.
[7]
EMCs shall adhere to the regulations outlined in § 275-61I(1)(g).
[8]
Public entry signage.
[a]
The face area for public entry signs shall not
exceed 48 square feet.
[b]
In order to maintain a cohesive design throughout
City Center, the design of the public entry signs shall be coordinated
with and approved by the Department of Community Development.
[c]
Public entry signs shall be constructed of durable
and long-lasting materials, such as metal, stone, brick, masonry or
other durable materials.
[d]
Public entry way signage may be permitted within
the City right-of-way upon review and approval by the Director.
K.
Portable/temporary signs.
(1)
Department of Community Development staff may permit the temporary use of a portable sign, such as banners, pennants, and/or balloons, for display purposes in any district, provided that the portable sign meets the following criteria below. The permit application process in § 275-61C shall be required for portable signs. All temporary banners installed without a permit shall be assessed a double fee. These types of sign permits shall only be charged the base sign fee plus the filing fee.
(a)
Portable/temporary signs shall be located outside any public
right-of-way; will not be located closer than 10 feet to an adjacent
property; will not be over 32 square feet in area; will not extend
over or onto any street, alley, sidewalk, or other public thoroughfare
without the approval of the Director; and will not cause a hazard
to traffic or adjoining properties.
(b)
Portable/temporary sign permits shall expire after 45 days or
a date stipulated on the sign permit. No business shall be issued
more than four portable sign permits in any given year (from January
1 to December 31).
(c)
Portable signs shall not be illuminated.
(d)
Portable sandwich board signs shall be permitted without a sign
permit, provided they are placed directly in front of the business
storefront and they are only displayed during business hours of operation.
One portable sandwich board sign is allowed per business. Portable
sandwich board signs shall not exceed four feet in height and two
feet in width.
(2)
The Department of Community Development staff may permit the temporary
placement of directional signs by commercial establishments in construction
zones for the purpose of identifying or showing the alternative access
location of businesses affected by the construction. Placement of
signs shall be at a point of barricade or detour. Signage shall not
be placed in the travel portion of the road, block vision, or operation
of construction vehicles. The business shall coordinate with the contractor
for specific placement of the signage. The temporary signage shall
be removed following completion of the construction project. This
type of signage is subject to the following regulations:
(a)
Single businesses affected by the construction are permitted
to have one temporary sign at the point of barricade or detour. The
signage is not to exceed six square feet in area.
(b)
A development of four or more businesses is permitted to place
one temporary sign at the point of barricade or detour for all businesses
within the development affected by the construction. Signage for four
or more businesses is not to exceed 32 square feet per side in area.
(c)
The Director or his designee may remove signs that cause confusion,
present a safety hazard or are located within the right-of-way.
(d)
The Director may order sign removal if the sign is considered
a safety hazard or impedes the progress of a construction project.
(e)
Signage may be removed at the discretion of the construction
manager during individual phases of the construction project.
(3)
Portable trailer signs are prohibited. Construction trailer signs
shall require a sign permit and shall not exceed 32 square feet.
L.
Enforcement.
(1)
Order to remove signs. No sign shall advertise a business that is
in violation of this chapter or for which no zoning, occupancy and/or
building permit has been issued. If the Director or his designee finds
that any sign or other display structure regulated herein has been
constructed or erected or is being maintained in violation of this
chapter, the sign will be removed by the Director or his designee.
Any sign located in a City of New Berlin right-of-way will be removed
immediately.
(a)
Unsafe or hazardous signs. Any sign which is hereinafter found
to be unsafe or insecure, or is a menace to the public, or by reason
of its location creates a traffic hazard, or is dangerous to persons
and property, as determined by the Director, his designee, the City
Police Department or the Safety Commission, shall be removed, except
for those on private property.
(b)
Abandoned signs. Any sign which is dilapidated or out of repair
shall be removed by the property owner.
(c)
Maintenance. If the sign owner violates the maintenance requirements
of this chapter, the sign shall be removed by the property owner.
(2)
Compliance. A business or property that has signage that does not meet the requirements of the current sign code shall be required to bring all signage into compliance according to Article VII of this chapter.
A.
Purpose and intent. The purpose of the section is to provide for
the safe and aesthetic placement of newsracks within the City to ensure
that all newsracks will not harm the health, safety, morals, comfort,
prosperity and general welfare of the public.
B.
Defined. "Newsrack" shall mean any unattended self-service or coin-operated
box, container, storage unit or other dispenser installed, used or
maintained for the display, distribution and sale of newspapers or
other news periodicals.
C.
Effective date. This section shall become effective immediately upon
publication.
[1]
Editor's Note: Former § 275-62, General provisions,
was repealed 4-25-2023 by Ord. No. 2668.
[Amended 4-25-2023 by Ord. No. 2668]
A.
General provisions.
(1)
Title. This section shall be known and may be cited as the "Nonmetallic
Mining Reclamation Ordinance for the City of New Berlin."
(2)
Purpose. The purpose of this section is to establish a local program
to ensure the effective reclamation of nonmetallic mining sites on
which nonmetallic mining takes place in the City of New Berlin after
the effective date of this section, in compliance with Ch. NR 135,
Wis. Adm. Code, and Subchapter I of Ch. 295, Wis. Stats.
(3)
Statutory authority. This section is adopted under authority of § 295.14(1),
Wis. Stats., § NR 135.32, Wis. Adm. Code, and § 62.11(3),
Wis. Stats.
(4)
Restrictions adopted under other authority. The purpose of this section
is to adopt and implement the uniform statewide standards for nonmetallic
mining reclamation required by § 295.12(1)(a), Wis. Stats.,
and contained in Ch. NR 135, Wis. Adm. Code. It is not intended that
this section repeal, abrogate, annul, impair or interfere with any
existing rules, regulations, ordinances or permits not concerning
nonmetallic mining reclamation previously adopted pursuant to other
Wisconsin law.
(5)
Interpretation. In their interpretation and application, the provisions
of this section shall be held to be the applicable requirements for
nonmetallic mining reclamation and shall not be deemed a limitation
or repeal of any other power granted by the Wisconsin Statutes outside
the reclamation requirements for nonmetallic mining sites required
by Subchapter I of Ch. 295, Wis. Stats., and Ch. NR 135, Wis. Adm.
Code. Where any terms or requirements of this section may be inconsistent
or conflicting, the more restrictive requirements or interpretation
shall apply. Where a provision of this section is required by Wisconsin
Statutes, or by a standard in Ch. NR 135, Wis. Adm. Code, and where
the provision is unclear, the provision shall be interpreted to be
consistent with the Wisconsin Statutes and the provisions of Ch. NR
135, Wis. Adm. Code.
(6)
Severability. Should any portion of this section be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this section shall not be affected.
(7)
Applicability.
(a)
Overall applicability. The requirements of this section apply to all operators of nonmetallic mining sites within the City of New Berlin operating on or commencing to operate after August 1, 2001, except as exempted in Subsection G(2). This section does not apply to nonmetallic mining sites where nonmetallic mining permanently ceases before August 1, 2001. This section applies to nonmetallic mining conducted by or on behalf of the State of Wisconsin, by or on behalf of the City of New Berlin or for the benefit or use of the state or any state agency, board, commission or department, except for the waiver of financial assurance in Subsection E.
(b)
This section does not apply to the following activities:
[1]
Nonmetallic mining at a site or that portion of a site that
is subject to permit and reclamation requirements of the Wisconsin
Department of Natural Resources under § 30.19, 30.195 or
30.20, Wis. Stats., and complies with Ch. NR 340, Wis. Adm. Code.
[2]
Excavations subject to the permit and reclamation requirements
of § 30.30 or 30.31, Wis. Stats.
[3]
Excavations or grading by a person solely for domestic or farm
use at that person's residence or farm.
[4]
Excavations or grading conducted for the construction, reconstruction,
maintenance or repair of a highway, railroad, airport facility, or
any other transportation facility where the excavation or grading
is entirely within the property boundaries of the transportation facility.
[5]
Grading conducted for preparing a construction site or restoring
land following a flood or natural disaster.
[6]
Excavations for building construction purposes conducted on
the building site.
[7]
Nonmetallic mining at nonmetallic mining sites where less than
one acre of total affected acreage occurs over the life of the mine.
[8]
Any mining operation, the reclamation of which is required in
a permit obtained under Ch. 293, Wis. Stats.
[9]
Any activities required to prepare, operate or close a solid
waste disposal facility under Ch. 289, Wis. Stats., or a hazardous
waste disposal facility under Ch. 291, Wis. Stats., that are conducted
on the property where the facility is located, but an applicable nonmetallic
mining reclamation ordinance and the standards established in this
section apply to activities related to solid waste or hazardous waste
disposal that are conducted at a nonmetallic mining site that is not
on the property where the solid waste or hazardous waste disposal
facility is located, such as activities to obtain nonmetallic minerals
to be used for lining, capping, covering or constructing berms, dikes
or roads.
[10]
Nonmetallic mining.
[a]
Nonmetallic mining conducted to obtain stone, soil,
sand or gravel for construction, reconstruction, maintenance or repair
of a highway, railroad, airport, or any other transportation facility
or part thereof, if the nonmetallic mining is subject to the requirements
of the Wisconsin Department of Transportation concerning the restoration
of the nonmetallic mining site.
[b]
This exemption only applies to a nonmetallic mining
operation with limited purpose and duration where the Wisconsin Department
of Transportation actively imposes reclamation requirements and the
operator reclaims the nonmetallic mining site in accordance with these
requirements. The duration of the exemption shall be specific to the
length of the Wisconsin Department of Transportation contract for
construction of a specific transportation project.
[c]
If a nonmetallic mining site is covered under Subsection
G(2)(j)[1] and is used to concurrently supply materials for projects
unrelated to the Wisconsin Department of Transportation project, the
exemption in this subsection still applies, provided that the site
is fully reclaimed under Wisconsin Department of Transportation contract
and supervision.
[11]
Dredging for navigational purposes, to construct
or maintain farm drainage ditches and for the remediation of environmental
contamination and the disposal of spoils from these activities.
[12]
Removal of material from the bed of Lake Michigan
or Lake Superior by a public utility pursuant to a permit under § 30.21,
Wis. Stats.
(8)
Administration. The provisions of this section shall be administered
by the City of New Berlin Department of Community Development.
(9)
Effective date. The provisions of this section shall take effect
on July 24, 2001, the date of publication.
B.
All nonmetallic mining sites subject to this section shall be reclaimed
in conformance with the standards contained below:
(1)
General standards.
(a)
Refuse and other solid wastes. Nonmetallic mining refuse shall
be reused in accordance with a reclamation plan. Other solid wastes
shall be disposed of in accordance with applicable rules of the Wisconsin
Department of Natural Resources adopted pursuant to Chs. 289 and 291,
Wis. Stats.
(b)
Area disturbed and contemporaneous reclamation. Nonmetallic
mining reclamation shall be conducted, to the extent practicable,
to minimize the area disturbed by nonmetallic mining and to provide
for nonmetallic mining reclamation of portions of the nonmetallic
mining site while nonmetallic mining continues on other portions of
the nonmetallic mining site.
(c)
Public health, safety and welfare. All nonmetallic mining sites
shall be reclaimed in a manner so as to comply with federal, state
and local regulations governing public health, safety and welfare.
(d)
Habitat restoration. When the land use required by the reclamation
plan approved pursuant to this section requires plant, fish or wildlife
habitats, it shall be restored, to the extent practicable, to a condition
at least as suitable as that which existed before the lands were affected
by nonmetallic mining operations.
(e)
Compliance with environmental regulations. Reclamation of nonmetallic
mining sites shall comply with any other applicable federal, state
and local laws, including those related to environmental protection,
zoning and land use control. Note: Other applicable environmental,
zoning or land use regulations may include Chs. NR 103, 115, 116,
117, 205, 216, 269, 105, 106, 140, 150, 151, 340, 500-590, and 812,
Wis. Adm. Code, Chs. 30 and 91, Wis. Stats., and Section 404 of the
Clean Water Act (33 U.S.C. § 1344), which may be applicable
to all or part of either an existing or proposed nonmetallic mining
project, so long as they do not require or directly regulate the reclamation
of nonmetallic mining sites as addressed under Subchapter I of Ch.
295, Wis. Stats.
(2)
Surface water and wetlands protection. Nonmetallic mining reclamation
shall be conducted and completed in a manner that assures compliance
with the Wisconsin Department of Natural Resources' water quality
standards for surface waters and wetlands contained in Chs. NR 102
to NR 105, Wis. Adm. Code. Before disturbing the surface of a nonmetallic
mining site and removing topsoil, all necessary measures for diversion
and drainage of runoff from the site to prevent pollution of waters
of the state shall be installed in accordance with the reclamation
plans approved pursuant to this section. Diverted or channelized runoff
resulting from reclamation may not adversely affect neighboring properties.
(3)
Groundwater protection.
(a)
Groundwater quantity. A nonmetallic mining site shall be reclaimed
in a manner that does not cause a permanent lowering of the water
table that results in adverse effects on surface waters or a significant
reduction in the quantity of groundwater reasonably available for
future users of groundwater.
(b)
Groundwater quality. Nonmetallic mining reclamation shall be
conducted in a manner which does not cause groundwater quality standards
in Ch. NR 140, Wis. Adm. Code, to be exceeded at a point of standard
application defined in that chapter.
(4)
Topsoil management.
(a)
Removal. Topsoil and topsoil substitute material shall be provided
as specified in the reclamation plan approved pursuant to this section
in order to achieve reclamation to the approved post-mining land use.
Removal of onsite topsoil and topsoil substitute material removal
shall be performed, when specified in the reclamation plan, prior
to any mining activity associated with any specific phase of the mining
operation.
(b)
Volume. The operator shall obtain the volume of soil required
to perform final reclamation by removal of onsite topsoil or topsoil
substitute material or by obtaining topsoil or substitute material
as needed to make up the volume of topsoil as specified in the reclamation
plan approved pursuant to this section.
(c)
Storage. Once removed, topsoil or topsoil substitute material
shall, as required by the reclamation plan approved pursuant to this
section, either be used in contemporaneous reclamation or stored in
an environmentally acceptable manner. The location of stockpiled topsoil
or topsoil substitute material shall be chosen to protect the material
from erosion or further disturbance or contamination. Runoff water
shall be diverted around all locations in which topsoil or topsoil
substitute material is stockpiled.
(5)
Final grading and slopes.
(a)
All areas affected by mining shall be addressed in the approved
reclamation plan, pursuant to § NR 135.19, Wis. Adm. Code,
to provide that a stable and safe condition consistent with the post-mining
land use is achieved. The reclamation plan may designate highwalls
or other unmined and undisturbed natural solid bedrock as stable and
safe and not in need of reclamation or designate other areas affected
by mining, including slopes comprised of unconsolidated materials
that exceed a 3:1 slope, whether or not graded, as stable and safe.
For slopes designated as stable under this subsection, the regulatory
authority may require that either:
[1]
A site-specific engineering analysis be performed by a registered
professional engineer to demonstrate that an acceptable slope stability
factor is attainable at a steeper slope; or
[2]
The operator shall perform a field test plot demonstration to
demonstrate that a stable and safe condition will be achieved and
that the post-mining land use specified in the reclamation plan will
not be adversely affected.
(b)
Final reclaimed slopes covered by topsoil or topsoil substitute
material may not be steeper than a 3:1 horizontal to vertical incline,
unless found acceptable through one or more of the following: alternative
requirements are approved under § NR 135.26, Wis. Adm. Code;
steeper slopes are shown to be stable through a field plot demonstration
approved as part of an approved reclamation plan; or stable slopes
can be demonstrated based on site-specific engineering analysis performed
by a registered professional engineer. All areas in the nonmetallic
mine site where topsoil or topsoil substitute material is to be reapplied
shall be graded or otherwise prepared prior to topsoil or topsoil
substitute material redistribution to provide the optimum adherence
between the topsoil or topsoil substitute material and the underlying
material.
(c)
When the approved post-mining land use includes a body of water,
the approved final grade at the edge of a body of water shall extend
vertically six feet below the lowest seasonal water level. A slope
no steeper than 3:1 shall be created at a designated location or locations,
depending on the size of the water body, to allow for a safe exit.
(6)
Topsoil redistribution for reclamation. Topsoil or topsoil substitute
material shall be redistributed in accordance with the reclamation
plan approved pursuant to this section in a manner which minimizes
compaction and prevents erosion. Topsoil or topsoil substitute material
shall be uniformly redistributed except where uniform redistribution
is undesirable or impractical. Topsoil or topsoil substitute material
redistribution may not be performed during or immediately after a
precipitation event until the soils have sufficiently dried.
(7)
Revegetation and site stabilization. Except for permanent roads or
similar surfaces identified in the reclamation plan approved pursuant
to this section, all surfaces affected by nonmetallic mining shall
be reclaimed and stabilized by revegetation or other means. Revegetation
and site stabilization shall be in accordance with the approved reclamation
plan and shall be performed as soon as practicable after mining activity
has permanently ceased in any part of the mine site. Note: Field test
plot demonstrations are highly recommended to ensure that reclamation
success standards are met and financial assurance is released as quickly
as possible. When field test plots are employed, they should be approved
as part of the reclamation plan under § NR 135.19, Wis.
Adm. Code.
(8)
Assessing completion of successful reclamation.
(a)
The criteria for assessing when reclamation is complete and,
therefore, when the financial assurance may be released shall be specified
in the reclamation plan approved pursuant to this section. Criteria
to evaluate reclamation success shall be quantifiable.
(b)
Compliance with the revegetation success standards in the approved
reclamation plan shall be determined by:
[1]
Onsite inspections by the City or its agent;
[2]
Reports presenting results obtained during reclamation evaluations,
including summarized data on revegetation, photo documentation or
other evidence that the criteria approved in the reclamation plan
to ascertain success have been met; or
[3]
A combination of inspections and reports.
(c)
In those cases where the post-mining land use specified in the
reclamation plan requires a return of the mining site to a premining
condition, the operator shall obtain baseline data on the existing
plant community for use in the evaluation of reclamation success pursuant
to this section.
(e)
Revegetation using a variety of plants indigenous to the area
is favored.
(9)
Intermittent mining. Intermittent mining may be conducted, provided
that the possibility of intermittent cessation of operations is addressed
in an operator's reclamation permit, no environmental pollution
or erosion of sediments is occurring, and financial assurance for
reclamation pursuant to § 275-65.2 is maintained covering
all remaining portions of the site that have been affected by nonmetallic
mining and that have not been reclaimed.
(10)
Maintenance. During the period of the site reclamation, after
the operator has stated that reclamation is complete but prior to
release of financial assurance, the operator shall perform any maintenance
necessary to prevent erosion, sedimentation or environmental pollution,
comply with the standards of this section, or to meet the goals specified
in the reclamation plan approved pursuant to this section.
C.
Permitting. Nonmetallic mining reclamation permit application required. No person may engage in nonmetallic mining or in nonmetallic mining reclamation without possessing a nonmetallic mining reclamation permit issued pursuant to the applicable reclamation ordinance unless the activity is specifically exempted in §§ 275-63A(7) or 275-70 definition of "Nonmetallic mining site" paragraph (b).
(1)
Required submittal. All operators of any nonmetallic mining sites
shall apply for a reclamation permit from the City. All applications
for reclamation permits under this section shall be accompanied by
the following information:
(a)
A brief description of the general location and nature of the
nonmetallic mine.
(b)
A legal description of the property on which the nonmetallic
mine is located or proposed, including the parcel identification number.
(c)
The names, addresses and telephone numbers of all persons or
organizations who are owners or lessors of the property on which the
nonmetallic mining site is located.
(d)
The name, address and telephone number of the person or organization
who or which is the operator.
(2)
The operator of any nonmetallic mine site shall submit an application
that meets the requirements specified below to the Department of Community
Development by certified mail at: 3805 S. Casper Drive, New Berlin,
WI 53151, prior to beginning operations.
(a)
The information required by § 275-63C(1).
(d)
A certification that the operator will provide, as a condition of the reclamation permit, financial assurance as required by § 275-63E upon granting of the reclamation permit and before mining begins.
(e)
To avoid duplication, the permit application and submittals
required under this subsection may, by reference, incorporate existing
plans or materials that meet the requirements of this section.
D.
Reclamation plan.
(1)
Reclamation plan required. An operator who conducts or plans to conduct nonmetallic mining shall submit to the City a reclamation plan that meets all of the following requirements and complies with the standards of § 275-63B.
(2)
Existing site information. The reclamation plan shall include information
sufficient to describe the existing natural and physical conditions
of the site, including but not limited to:
(a)
Maps of the nonmetallic mining site including the general location,
property boundaries, the aerial extent, geologic composition and depth
of the nonmetallic mineral deposit, the distribution, thickness and
type of topsoil, the location of surface waters and the existing drainage
patterns, the approximate elevation of ground water, as determined
by existing hydrogeologic information. In specific instances where
the existing hydrogeologic information is insufficient for purposes
of the reclamation plan, the applicant may supplement the information
with the opinion of a licensed professional geologist or hydrologist.
(b)
Topsoil or topsoil substitute material, if required to support
revegetation needed for reclaiming the site to approved post-mining
land use, can be identified using county soil surveys or other available
information, including that obtained from a soil scientist or the
University of Wisconsin soil science extension agent or other available
information resources.
(c)
Information available to the mine operator on biological resources,
plant communities, and wildlife use at and adjacent to the proposed
or operating mine site.
(d)
Existing topography as shown on contour maps of the site at
five-foot contour intervals to be specified by the regulatory authority.
(e)
Location of man-made features on or near the site.
(f)
For proposed nonmetallic mining sites that include previously
mined areas, a plan view drawing showing the location and extent of
land previously affected by nonmetallic mining, including the location
of stockpiles, wash ponds and sediment basins.
Note: Some of or all of the information required above may be shown on the same submittal, i.e., the site map required by § 275-63D(2)(a) may also show topography required by § 275-63D(2)(d).
(3)
Post-mining land use.
(a)
The reclamation plan shall specify a proposed post-mining land
use for the nonmetallic mine site. The proposed post-mining land use
shall be consistent with local land use plans and local zoning at
the time the plan is submitted, unless a change to the land use plan
or zoning is proposed. The proposed post-mining land use shall also
be consistent with all applicable local, state, or federal laws in
effect at the time the plan is submitted.
[1]
Note: A proposed post-mining land use is necessary to determine
the type and degree of reclamation needed to correspond with that
land use. The post-mining land use will be key in determining the
reclamation plan. Final slopes, drainage patterns, site hydrology,
seed mixes and the degree of removal of mining-related structures,
drainage structures, and sediment control structures will be dictated
by the approved post-mining land use.
(b)
Land used for nonmetallic mineral extraction in areas zoned
under an exclusive agricultural use ordinance pursuant to § 91.75,
Wis. Stats., shall be restored to agricultural use.[1] Note: Section 91.75(9), Wis. Stats., contains this requirement;
§ 91.01(1), Wis. Stats., defines the term "agricultural
use."[2]
(4)
Reclamation measures. The reclamation plan shall include a description
of the proposed reclamation, including methods and procedures to be
used and a proposed schedule and sequence for the completion of reclamation
activities for various stages of reclamation of the nonmetallic mining
site. The following shall be included:
(a)
A description of the proposed earthwork and reclamation, including
final slope angles, highwall reduction, benching, terracing and other
structural slope stabilization measures, and, if necessary, a site-specific
engineering analysis performed by a registered professional engineer
as provided by NR 135.10(1) and (2).
(b)
The methods of topsoil or topsoil substitute material removal,
storage, stabilization and conservation that will be used during reclamation.
(c)
A plan or map which shows anticipated topography of the reclaimed
site and any water impoundments or artificial lakes needed to support
the anticipated future land use of the site.
(d)
A plan or map which shows surface structures, roads and related
facilities after the cessation of mining.
(e)
The estimated cost of reclamation for each stage of the project
or the entire site if reclamation staging is not planned.
(f)
A revegetation plan, which shall include timing and methods
of seedbed preparation, rates and kinds of soil amendments, seed application
timing, methods and rates, mulching, netting and any other techniques
needed to accomplish soil and slope stabilization.
(g)
Quantifiable standards for revegetation adequate to show that
a sustainable stand of vegetation has been established which will
support the approved post-mining land use. Standards for revegetation
may be based on the percent vegetative cover, productivity, plant
density, diversity or other applicable measures.
(h)
A plan and, if necessary, a narrative showing erosion-control
measures to be employed during reclamation activities. These shall
address how reclamation activities will be conducted to minimize erosion
and pollution of surface water and groundwater.
(i)
A description of any areas which will be reclaimed on an interim basis sufficient to qualify for the waiver of fees pursuant to § 275-63T(2) and (4) and which will be subsequently disturbed prior to final reclamation. Descriptions shall include an identification of the proposed areas involved, methods of reclamation to comply with the standards in § 275-63B and timing of interim and final reclamation. Note: Some of the information required by this subsection may be combined to avoid duplication, e.g., a single map may show anticipated post-mining topography required by § 275-63D(4)(c) as well as structures and roads as required by § 275-63D(4)(d).
(j)
A description of how the reclamation plan addresses the long-term
safety of the reclaimed mining site. The description shall include
a discussion of site-specific safety measures to be implemented at
the site and include measures that address public safety with regard
to adjacent land uses. Note: Safety measures include visual warnings,
physical barriers, slope modifications such as reclamation blasting,
scaling of the rock face, and creation of benches. Other measures
may be employed if found to be equivalent by a registered professional
engineer.
(5)
Criteria for successful reclamation. The reclamation plan shall contain criteria for assuring successful reclamation in accordance § 275-63B(8).
(6)
Certification of reclamation plan. The operator shall provide a signed
certification that reclamation will be carried out in accordance with
the reclamation plan. If the operator does not own the land, the landowner
or lessor, if different from the operator or owner, shall also provide
signed certification that they concur with the reclamation plan and
will allow its implementation.
(7)
Existing plans and approvals. To avoid duplication of effort, the reclamation plan required by § 275-63D may, by reference, incorporate existing plans or materials that meet the requirements of this section.
(8)
Approval of reclamation plan. The City shall approve, conditionally approve or deny the reclamation plan submitted under this section in writing in accordance with § 275-63G(2) for mines that apply for a reclamation permit in conformance with § 275-63C. Conditional approvals of reclamation plans shall be made according to § 275-63G(5), and denials of reclamation plans shall be made pursuant to § 275-63H. The operator shall keep a copy of the reclamation plan approved under this subsection at the mine site or, if not practicable, at the operator's nearest place of business.
E.
Financial assurance.
(1)
Financial assurance requirements. All operators of nonmetallic mining
sites in the City shall prepare and submit a proof of financial assurance
that meets the following requirements:
(a)
Notification. The regulatory authority shall provide written notification to the operator of the amount of financial assurance required under § 275-63E(1)(c).
(b)
Filing. Following approval of the nonmetallic mining reclamation
permit and as a condition of the permit, the operator shall file a
financial assurance with the City. The financial assurance shall provide
that the operator shall faithfully perform all requirements in this
section, an applicable reclamation ordinance and the reclamation plan.
Financial assurance shall be payable exclusively to the City. In cases
where one or more other regulatory authorities regulate a nonmetallic
mining site, all financial assurance shall be made payable to the
City only if it currently has primary regulatory responsibility.
(c)
Amount and duration of financial assurance. The amount of financial
assurance shall equal as closely as possible the cost to the City
of hiring a contractor to complete either final reclamation or progressive
reclamation according to the approved reclamation plan. The amount
of financial assurance shall be reviewed periodically by the City
to assure it equals outstanding reclamation costs. Any financial assurance
filed with the City shall be in an amount equal to the estimated cost
for reclaiming all sites the operator has under project permits. The
City may accept a lesser initial amount of financial assurance, provided
that the permittee initiates a process to continuously increase the
amount of financial assurance until it is adequate to effect reclamation.
An escrow account may be established that is based on production gross
sales and serves to provide regular payments to an account that is
designed to grow to the amount necessary to guarantee performance
of reclamation by the expected time of final reclamation. The period
of the financial assurance is dictated by the period of time required
to establish the post-mining land use declared and approved of in
the reclamation plan. This may extend beyond the permit if required
to accomplish successful and complete implementation of the reclamation
plan.
(d)
Form and management. Financial assurance shall be provided by
the operator and shall be by a bond or an alternate financial assurance.
Financial assurance shall be payable to the City and released upon
successful completion of the reclamation measures specified in the
reclamation plan. Alternate financial assurances may include, but
are not limited to, cash, certificates of deposit, irrevocable letters
of credit, irrevocable trusts, established escrow accounts, demonstration
of financial responsibility by meeting net worth requirements, or
government securities. Any interest from the financial assurance shall
be paid to the operator. Certificates of deposit shall be automatically
renewable or other assurances shall be provided before the maturity
date. Financial assurance arrangements may include, at the discretion
of the City, a blend of different options for financial assurance,
including a lien on the property on which the nonmetallic mining site
occurs or a combination of financial assurance methods.
(e)
Multiple projects. Any operator who obtains a permit from the
City for two or more nonmetallic mining sites may elect, at the time
the second or subsequent site is approved, to post a single financial
assurance in lieu of separate financial assurance instruments for
each nonmetallic mining site. When an operator elects to post a single
financial assurance in lieu of separate financial assurances for each
mining site, no financial assurances previously posted on individual
mining sites shall be released until the new financial assurance has
been accepted by the City.
(f)
Multiple jurisdictions. In cases where more than one regulatory
authority has jurisdiction, a cooperative financial security arrangement
may be developed and implemented by the regulatory authorities to
avoid requiring the permittee to prove financial assurance with more
than one regulatory authority for the same nonmetallic mining site.
Financial assurance is required for each site and two or more sites
of less than one acre by the same operator, except that governmental
units are not required to obtain financial assurance.
(g)
Certification of completion and release.
[1]
The operator shall notify the regulatory authority, by filing
a notice of completion, at the time that he or she determines that
reclamation of any portion of the mining site or the entire site is
complete. The City shall inspect the mine site or portion thereof
that was the subject of the notice of completion to determine if reclamation
has been carried out in accordance with the approved reclamation plan.
The City may partially release the financial assurance if it determines
that compliance with a portion of the reclamation plan has been achieved
and requires no waiting period. After determining that reclamation
is complete, the City shall issue a certificate of completion and
shall release the financial assurance or appropriately reduce the
financial assurance in the case of reclamation of a portion of the
mining site.
[2]
The City shall make a determination of whether or not the certification in § 275-63E(1)(g)[1] can be made within 60 days of the receipt of the request.
[3]
The City may make a determination under this subsection that:
(i)
Cancellation. Financial assurance shall provide that it may
not be canceled by the surety or other holder or issuer except after
not less than a ninety-day notice to the City in writing by registered
or certified mail. Not less than 30 days prior to the expiration of
the ninety-day notice of cancellation, the operator shall deliver
to the City a replacement proof of financial assurance. In the absence
of this replacement financial assurance, all mining shall cease until
the time it is delivered and in effect.
(j)
Changing methods of financial assurance. The operator of a nonmetallic mining site may change from one method of financial assurance to another. This may not be done more than once a year unless required by an adjustment imposed pursuant to § 275-63E(1)(i). The operator shall give the City at least 60 days' notice prior to changing methods of financial assurance and may not actually change methods without the written approval of the City.
(k)
Bankruptcy notification. The operator of a nonmetallic mining
site shall notify the regulatory authority by certified mail of the
commencement of voluntary or involuntary proceeding under the Bankruptcy
Code, 11 U.S.C. et seq., naming the operator as debtor, within 10
days of commencement of the proceeding.
(l)
Adjustment of financial assurance. Financial assurance may be
adjusted when required by the City. The City may notify the operator
in writing that adjustment is necessary and the reasons for it. The
City may adjust financial assurance based upon prevailing or projected
interest or inflation rates or the latest cost estimates for reclamation.
(m)
Net-worth test.
[1]
Only an operator that meets the definition of "company" in § 289.41(1)(b),
Wis. Stats., may use the net-worth method of providing financial assurance.
[2]
The operator shall submit information to the regulatory authority
in satisfaction of the net-worth test requirements of § 289.41(4),
Wis. Stats. The criteria in § 289.41(6)(b), (d), (e), (f),
(g), (h) and (i), Wis. Stats., shall apply.
[3]
An operator using the net-worth test to provide financial assurance
for more than one mine shall use the total cost of compliance for
all mines in determining the net worth to reclamation cost ratio in
accordance with § 289.41(6), Wis. Stats.
[4]
Determinations under the net-worth test shall be done in accordance
with § 289.41(5), Wis. Stats.
[5]
In addition, the operator shall submit a legally binding commitment
to faithfully perform all compliance and reclamation work at the mine
site that is required under this section.
(2)
Private nonmetallic mines. The operator of any nonmetallic mining site that applies for a reclamation permit in conformance with § 275-63C shall submit the proof of financial assurance required by § 275-63E(1) as specified in the reclamation permit issued to it under this section.
(3)
Public nonmetallic mining. The financial assurance requirements of
this section do not apply to nonmetallic mining conducted by the State
of Wisconsin, a state agency, board, commission or department, or
the City.
F.
Public notice and right of hearing.
(1)
Reclamation plan hearing. The City shall provide public notice and
the opportunity for a public informational hearing as set forth below:
(a)
Public notice.
[1]
When the City receives an application to issue a reclamation permit, it shall publish a public notice of the application no later than 30 days after receipt of a complete application that satisfies § 275-63C.
[2]
The notice shall briefly describe the mining and reclamation
planned at the nonmetallic mining site. The notice shall be published
as a Class 1 notice pursuant to § 985.07(1), Wis. Stats.,
in the official newspaper of the City. The notice shall mention the
opportunity for public hearing pursuant to this section and shall
give the locations at which the public may review the application
and all supporting materials, including the reclamation plan.
[3]
Copies of the notice shall be forwarded by the City to the county
or applicable local zoning board, the county and applicable local
planning organization, the County Land Conservation Officer, and owners
of land within 300 feet of the boundaries of the parcel or parcels
of land on which the site is located.
(b)
Hearing. The City shall provide for an opportunity for a public
informational hearing on an application or request to issue a nonmetallic
mining reclamation permit as follows:
[1]
If it conducts a zoning-related hearing on the nonmetallic mine
site, the City shall provide the opportunity at this hearing to present
testimony on reclamation-related matters. This opportunity shall fulfill
the requirement for public hearing for a nonmetallic mining reclamation
permit required by this section. The City shall consider the reclamation-related
testimony in the zoning-related hearing in deciding on a permit application
pursuant to this section.
[2]
If there is no opportunity for a zoning-related hearing on the nonmetallic mine site as described in § 275-63F(1)(b)[1], opportunity for public hearing required by this section shall be provided as follows: Any person residing within, owning property within, or whose principal place of business is within 300 feet of the boundary of the parcel or parcels of land in which the nonmetallic mining site is located or proposed may request a public informational hearing. The City shall hold a public hearing if requested by any of these persons within 30 days of the actual date of public notice under § 275-63F(1)(a).
[a]
This public informational hearing shall be held no sooner than 30 days nor later than 60 days after being requested. The hearing shall be conducted as an informational hearing for the purpose of explaining and receiving comment from affected persons on the nature, feasibility and effects of the proposed reclamation. Notice of the public informational hearing shall follow the general notice procedures of § 275-20D of the City Municipal Code.
[b]
The subject matter and testimony at this informational
hearing shall be limited to reclamation of the nonmetallic mine site.
Note: Informational hearings are limited to reclamation of the nonmetallic
mining site. Regulatory authority staff conducting the hearings should
make it clear that the hearings may not cover non- reclamation matters
because they are beyond the scope of NR 135 reclamation. Nonreclamation
matters are those related to zoning or subject to other local authority.
These matters may include but are not limited to: traffic, setbacks,
blasting, dewatering, hours of operation, noise or dust control or
the question of whether to use the land for mining.
(2)
Local transportation-related mines. No public notice or informational hearing is required for a nonmetallic mining reclamation permit issued to a local transportation-related mine pursuant to § 275-63G(3).
G.
Issuance of nonmetallic mining reclamation permit.
(1)
Permit required. No person may engage in nonmetallic mining or nonmetallic mining reclamation in the City without first obtaining a reclamation permit issued under this section, except for nonmetallic mining sites that are exempt from this section under § 275-63A(7)(a) or (b).
(2)
Permit issuance. Applications for reclamation permits for nonmetallic mining sites that satisfy § 275-63C shall be issued a reclamation permit or otherwise acted on as provided below.
(b)
The City may not issue an approval without prior or concurrent approval of the reclamation plan that meets the requirements of § 275-63D. The regulatory authority may issue a reclamation permit subject to conditions in § 275-63G(5), if appropriate. The permit decision shall be made no sooner than 30 days nor later than 90 days following receipt of the complete reclamation permit application that meets the requirement in § 275-63C and reclamation plan that meets the requirements in § 275-63D, unless a public hearing is held pursuant to § 275-63F. If a public hearing is held, the regulatory authority shall issue the reclamation permit, subject to conditions pursuant to § 275-63G(5), if appropriate, or shall deny the permit as provided in § 275-63H, no later than 60 days after completing the public hearing.
(3)
Automatic permit for local transportation-related mines.
(a)
The City shall automatically issue an expedited permit under
this subsection to any borrow site that:
[1]
Will be opened and reclaimed under contract with the City within
a period not exceeding 36 months;
[2]
Is a nonmetallic mine which is intended to provide stone, soil,
sand or gravel for the construction, reconstruction, maintenance or
repair of a highway, railroad, airport facility or other transportation
facility under contract with the City;
[3]
Is regulated and will be reclaimed under contract with the City
in accordance with the requirements of the Wisconsin Department of
Transportation concerning the restoration of nonmetallic mining sites;
[4]
Is not a commercial source;
[5]
Will be constructed, operated and reclaimed in accordance with
applicable zoning requirements, if any; and
[6]
Is not otherwise exempt from the requirements of this section under § 275-63A(7)(b)[10].
(b)
In this subsection, "municipality" has the meaning defined in
§ 299.01(8), Wis. Stats.
(c)
Automatic permits shall be issued under this subsection in accordance
with the following provisions:
[1]
The applicant shall notify the City of the terms and conditions
of the contract with respect to reclamation of the proposed borrow
site.
[2]
The applicant shall provide evidence to the City to show that
the borrow site and its reclamation will comply with applicable zoning
requirements, if any.
[3]
The City shall accept the contractual provisions incorporating requirements of the Wisconsin Department of Transportation in lieu of a reclamation plan under § 275-63D.
[4]
The City shall accept the contractual provisions in lieu of the financial assurance requirements in § 275-63E.
[5]
The public notice and hearing provisions of § 275-63F do not apply to nonmetallic mining sites that are issued automatic permits under this subsection. Note: Local public notice and hearing requirements, if any, regarding zoning decisions still apply.
[6]
Mines permitted under this subsection shall pay an annual fee to the City as provided in § 275-63R but shall not be subject to the plan review fee provided in § 275-63Q. The total annual fee, including the share of the Wisconsin Department of Natural Resources, shall not exceed the total amounts listed in Table 1 and 2 of § NR 135.39, Wis. Adm. Code. Note: Fees may not be assessed for local transportation-related mines permitted under this subsection under § 275-63R that are greater than allowed by § NR 135.23(1)(g), Wis. Adm. Code. See the note following § 275-63R(3)(b) for details of this fee limitation.
[7]
The City shall issue the automatic permit within seven days
of the receipt of a complete application.
[8]
If the borrow site is used to concurrently supply materials
for other than the local transportation project, the automatic permitting
in this subsection still applies, provided the site will be reclaimed
under a contractual obligation with the City in accordance with the
Wisconsin Department of Transportation requirements.
[9]
Notwithstanding § 275-63P, the operator of a borrow site under this subsection is required to submit only the information in an annual report necessary to identify the borrow site and to determine the applicable annual fee. Note: A reclamation permit is not required under this section for nonmetallic mining sites that are operated to provide materials for construction, maintenance and repair of transportation facilities that are subject to the Wisconsin Department of Transportation concerning restoration of the nonmetallic mining site, as provided by s. 295.16(1)(c), Stats.
(4)
Expedited review. Any operator of a nonmetallic mining site may request expedited review of a reclamation permit application under § 275-63G(4)(a) or (b) as follows:
(a)
The operator may submit a request for expedited permit review with payment of the expedited review fee specified in § 275-63Q(2). This request shall state the need for such expedited review and the date by which such expedited review is requested.
(b)
The operator may submit a request for expedited review under
this subsection if the applicant requires a reclamation permit to
perform services under contract with the City. This request for expedited
review shall state the need for expedited review and shall include
a copy of the applicable sections of the contract and the date by
which the expedited review is requested.
(c)
Following receipt of a request under this subsection, the City shall inform the applicant of the estimated date for decision on issuance of the permit. If the applicant then elects not to proceed with the expedited review, the fee paid under § 275-63G(4)(a) shall be returned.
(d)
Expedited review under this subsection shall not waive, shorten or otherwise affect the public notice and right of hearing pursuant to § 275-63F. This subsection does not impose an obligation upon the regulatory authority to act upon a permit application under this subsection by a specific date.
(5)
Permit conditions. Any decision under this section may include conditions
as provided below:
(a)
The City may issue a reclamation permit or approve a reclamation
plan subject to general or site-specific conditions if needed to assure
compliance with the nonmetallic mining reclamation requirements of
this section. The approval may not include condition that are not
related to reclamation. Note: It is not appropriate for the regulatory
authority to impose conditions on a reclamation permit, or the approval
of a reclamation plan that address matters not directly related to
nonmetallic mining reclamation. These matters may include but are
not limited to: traffic, setbacks, blasting, dewatering, hours of
operation, noise or dust control or the question of whether to use
the land for mining.
H.
Permit denial. An application for a nonmetallic mining reclamation
permit shall be denied as set forth below:
(1)
An application to issue a nonmetallic mining reclamation permit shall be denied, within the time frame for permit issuance specified in § 275-63G, if the City finds any of the following:
(a)
The applicant has, after being given an opportunity to make
corrections, failed to provide to the City an adequate permit application,
reclamation plan, financial assurance or any other submittal required
by Ch. NR 135, Wis. Adm. Code, or this section.
(b)
The proposed nonmetallic mining site cannot be reclaimed in
compliance with the reclamation standards contained in this section,
Ch. NR 135, Wis. Adm. Code, or Subchapter I of Ch. 295, Wis. Stats.
(c)
The applicant, or its agent, principal or predecessor has, during
the course of nonmetallic mining in Wisconsin within 10 years of the
permit application or modification request being considered, shown
a pattern of serious violations of this section or of federal, state
or local environmental laws related to nonmetallic mining reclamation.
The following may be considered in making this determination of a
pattern of serious violations:
[1]
Results of judicial or administrative proceedings involving
the operator or its agent, principal or predecessor.
[2]
Suspensions or revocations of nonmetallic mining reclamation
permits pursuant to this section, other reclamation ordinances or
Ch. NR 135, Wis. Adm. Code.
[3]
Forfeitures of financial assurance.
(d)
A denial under this subsection shall be in writing and shall
contain documentation of reasons for denial.
I.
Alternative requirements.
(1)
Scope of alternative requirements approvable. An operator of a nonmetallic mining site may request an alternative requirement to the reclamation standards established in § 275-63B. The City may approve an alternative requirement to the reclamation standards established in this section if the operator demonstrates and the City finds that all of the following criteria are met:
(a)
The nonmetallic mining site, the surrounding property or the
mining plan or reclamation plan has a unique characteristic which
requires an alternative requirement.
(b)
Unnecessary hardship which is peculiar to the nonmetallic mining
site or plan will result unless the alternative requirement is approved.
(c)
Reclamation in accordance with the proposed alternative requirement
will achieve the planned post-mining land use and long-term site stability
in a manner that will not cause environmental pollution or threaten
public health, safety or welfare.
(2)
Procedures.
(a)
The operator of a nonmetallic mining site requesting an alternate requirement in § 275-63I(1) shall demonstrate all the criteria in § 275-63I(1). This shall be submitted in writing to the Department of Community Development by certified mail at: 3805 S. Casper Drive, New Berlin, WI 53151.
(b)
DCD shall within 45 days within receipt of a complete application schedule the matter for hearing before the Plan Commission and shall provide notice of the hearing to the applicant. At the time of the hearing the Plan Commission shall consider whether the application meets the requirements of § 275-63I(1) above. A quorum of the Plan Commission must be present to consider the matter as they deem appropriate in support of their application the application for alternate requirement will be approved upon a majority vote of the members present of the Plan Commission. The Plan Commission shall take action on the application within 90 days of receipt of the complete application.
(c)
In the event that the application for alternative requirements has already been considered by the Plan Commission as part the standard review process said application will be forwarded to the Board of Appeals for consideration in accordance with the process as stated in § 275-63I(2)(b) above.
(d)
The City shall, within 90 days of receipt of the complete application, approve, conditionally approve or deny the request in writing, based on the City's determination of compliance with the criteria under § 275-63I(1). The written response shall include reasons and documentation as to why the request was or was not approved.
(e)
A request for an alternative requirement may be incorporated
as part of an application to issue or modify a nonmetallic mining
reclamation permit.
(3)
Transmittal of decision on request for alternative requirement. The
decision on a request for alternate reclamation requirements shall
be in writing to the applicant and shall include documentation of
why the alternate requirement was or was not approved.
(4)
Notice to Wisconsin Department of Natural Resources. The City shall provide notice to the Wisconsin Department of Natural Resources as set forth in this section. Written notice shall be given to the Wisconsin Department of Natural Resources at least 10 days prior to any public hearing held under § 275-63I(2) on a request for an alternate requirement under this section. A copy of any written decision on alternative requirements shall be submitted to the Wisconsin Department of Natural Resources within 10 days of issuance.
J.
K.
Permit transfer. A nonmetallic mining reclamation permit issued under
this section shall be transferred to a new owner or operator upon
satisfaction of the following conditions:
(1)
A nonmetallic mining reclamation permit may be transferred to a new
operator upon submittal to the City of proof of financial assurance
and a certification in writing by the new permit holder that all conditions
of the permit will be complied with.
(2)
The transfer is not valid until financial assurance has been submitted
by the new operator and accepted by the City and the City makes a
written finding that all conditions of the permit will be complied
with. The previous operator shall maintain financial assurance until
the new operator has received approval and provided the financial
assurance under this section.
L.
(Reserved)
M.
Review. Any permitting decision or action made by the City under
this section may be reviewed as set forth in this section. Notwithstanding
§§ 68.001, 68.03(8) and (9), 68.06 and 68.10(1)(b),
Wis. Stats., any person who meets the requirements of § 227.42(1),
Wis. Stats., may obtain a contested case hearing under § 68.11,
Wis. Stats., on the City's decision to issue, deny or modify
a nonmetallic mining reclamation permit.
N.
Permit modification.
(1)
By the City. A nonmetallic mining reclamation permit issued under this section may be modified by the City if it finds that, due to changing conditions, the nonmetallic mining site is no longer in compliance with Ch. NR 135, Wis. Adm. Code, or this section. Such modification shall be by an order modifying the permit in accordance with § 275-63W. This modifying order may require the operator to amend or submit new application information, reclamation plan, proof of financial assurance or other information needed to ensure compliance with Ch. NR 135, Wis. Adm. Code, or this section.
(2)
At the operator's option. If the operator of any nonmetallic
mine that holds a reclamation permit issued under this section desires
to modify such permit or reclamation plan approved under this section,
it may request such modification by submitting a written application
for such modification to the Department of Community Development by
certified mail at: 3805 S. Casper Drive, New Berlin, WI 53151. The
application for permit or plan modification shall be acted on using
the standards and procedures of this section.
(3)
Required by the operator. The operator of any nonmetallic mine that
holds a reclamation permit issued under this section shall request
a modification of such permit if changes occur to the area to be mined,
the nature of the planned reclamation, or other aspects of mining
required by the reclamation plan approved pursuant to this section.
Such application for permit modification shall be acted on using the
standards and procedures of this section. Note: Modification of the
permit must be requested by the operator in such circumstances under § NR
135.27, Wis. Adm. Code.
O.
Permit suspension and revocation.
(1)
Grounds. The City may suspend or revoke a nonmetallic mining reclamation
permit issued pursuant to this section if it finds the operator has
done any of the following:
(2)
Procedures. If the City finds grounds for suspending or revoking a nonmetallic mining reclamation permit set forth in § 275-63O(1), it may issue a special order suspending or revoking such permit as set forth in § 275-63W(2).
(3)
Consequences.
(a)
If the City makes any of the findings in § 275-63O(1), it may suspend a nonmetallic mining reclamation permit for up to 30 days. During the time of suspension, the operator may not conduct nonmetallic mining at the site, except for reclamation or measures to protect human health and the environment as ordered by the regulatory authority pursuant to § 275-63W.
(b)
If the City makes any of the findings in § 275-63O(1), it may revoke a nonmetallic mining reclamation permit. Upon permit revocation, the operator shall forfeit the financial assurance it has provided pursuant to this section to the City. The City may use forfeited financial assurance to reclaim the site to the extent needed to comply with this section and the applicable reclamation ordinance.
P.
Annual operator reporting.
(1)
Contents and deadline. Annual reports that satisfy the requirements
of this section shall be submitted by the operators of nonmetallic
mining sites.
(a)
Contents. The annual report required by this section shall include
all of the following:
[1]
The name and mailing address of the operator.
[2]
The location of the nonmetallic mining site, including legal
description, tax key number or parcel identification number, if available.
[3]
The identification number of the applicable nonmetallic mining
permit, if assigned by the City.
[4]
The acreage currently affected by nonmetallic mining extraction
and not yet reclaimed.
[5]
The amount of acreage that has been reclaimed to date on a permanent
basis and the amount reclaimed on an interim basis.
[6]
A plan, map or diagram, accurately showing the acreage described in § 275-63P(1), (4) and (5).
[7]
The following certification, signed by the operator:
"I certify that this information is true and accurate, and that
the nonmetallic mining site described herein complies with all conditions
of the applicable nonmetallic mining reclamation permit and Ch. NR
135, Wis. Adm. Code."
(b)
Deadline. The annual report shall cover activities on unreclaimed
acreage for the previous calendar year and be submitted by January
31.
(c)
When reporting may end. Annual reports shall be submitted by an operator for all active and intermittent mining sites to the City for each calendar year until nonmetallic mining reclamation at the site is certified as complete pursuant to § 275-63T(3) or at the time of release of financial assurance pursuant to § 275-63E(1)(g).
(2)
Inspection in lieu of report. The City may, at its discretion, obtain the information required in § 275-63P(1) for a calendar year by written documentation of an inspection it completes during a calendar year, as set forth in this subsection. If the City obtains and documents the required information, the annual report need not be submitted by the operator. If the City determines that the operator need not submit an annual report pursuant to this subsection, it shall advise the operator in writing at least 30 days before the end of the applicable calendar year. In that case, the City shall require the operator to submit the certification required in § 275-63P(1)(a)[7].
(3)
Retention of annual reports. Annual reports submitted under § 275-63P(1) or inspection records that replace them under § 275-63P(2) shall be retained by the City within the Department of Community Development for at least 10 years after the calendar year to which they apply. These records, or complete and accurate copies of them, shall be made available to the Wisconsin Department of Natural Resources upon written request or during its inspection or audit activities carried out pursuant to Ch. NR 135, Wis. Adm. Code.
Q.
Plan review fees.
(1)
Amount and applicability. A person who intends to operate a nonmetallic mining site for which a permit application has been submitted under § 275-63C shall submit a nonrefundable plan review fee in accordance with the fee schedule shown in NR 135.39(5) Table 3. Plan review fees shall be submitted to the Department of Community Development in person or via certified mail at: 3805 S. Casper Drive, New Berlin, WI 53151. No plan review fee may be assessed under this section for any local transportation-related mining receiving an automatic permit under § 275-63G(3). A separate plan review fee shall be paid under this section for any modification to an existing reclamation plan submitted pursuant to § 275-63N.
(2)
Expedited plan review fee. A person who intends to operate a nonmetallic mining site for which a permit application has been submitted under § 275-63C may obtain expedited reclamation plan review by paying a fee of 1.5 times the plan review fee. Such fee shall be in addition to that required in § 275-63Q(1).
R.
Annual fees.
(1)
Areas subject to fees, procedures, deadline amount.
(a)
Operators of all nonmetallic mining sites subject to reclamation
permits issued under this section shall pay annual fees to the City
of New Berlin, to the attention of the Department of Community Development,
by certified mail, at: 3805 S. Casper Drive, New Berlin, WI 53151.
(b)
Fees paid under this section shall be calculated based on the
unreclaimed areas of a nonmetallic mining site, as defined below:
[1]
"Unreclaimed acre" or "unreclaimed acres" means those unreclaimed areas in which nonmetallic mining has occurred after August 1st, 2001 and areas where nonmetallic mining reclamation has been completed but is not yet certified as reclaimed under § 275-63E(1)(g). However, the term does not include any areas described in § 275-63R(1)(b)[2].
[2]
"Unreclaimed acre" or "unreclaimed acres" does not include:
[a]
Those areas where reclamation has been completed and certified as reclaimed under § 275-63E(1)(g).
[b]
Those areas previously affected by nonmetallic
mining but which are not used for nonmetallic mining after August
1st, 2001.
[c]
Those portions of nonmetallic mining sites which
are included in an approved nonmetallic mining reclamation plan but
are not yet affected by nonmetallic mining.
[d]
Areas previously mined but used after August 1,
2001 for a nonmining activity, including stockpiling of materials,
provided the stockpiles are associated with onsite industrial processes,
used for an industrial activity unrelated to nonmetallic mining such
as an asphalt plant, concrete batch plant, block and tile operation
or other industry that uses products produced from nonmetallic mining.
[e]
Those areas within a nonmetallic mining site which the City has determined to have been successfully reclaimed on an interim basis in accordance with § 275-63T(2) and (3).
[3]
Fees shall be assessed on active acres only and shall not be
assessed on acreage where nonmetallic mining is proposed and approved
but where no nonmetallic mining has yet taken place.
(c)
Fees assessed pursuant to this section shall be based on the number of unreclaimed acres at the end of the year. Such fees apply to a calendar year of any part of a year in which nonmetallic mining takes place, until final reclamation is certified as complete under § 275-63T. Fees shall be paid to the City no later than January 31 for the previous year.
(d)
If reclamation has already occurred on portions of a nonmetallic mining site, the fees for such portions may be submitted with a request that they be held by the City pending certification of completed reclamation pursuant to § 275-63T(3) and § 275-63E(1)(g). Upon such certification, the City shall refund that portion of the annual fee that applies to the reclaimed areas. If the City fails to make a determination under § 275-63T(3) and § 275-63E(1)(g) within 60 days of the request, it shall refund that portion of the annual fee that applies to the reclaimed areas.
(e)
The amount collected shall equal the Wisconsin Department of Natural Resources share as described in § 275-63R(2), the share of the City described in § 275-63R(3), and, if applicable, the reclamation plan review fee as described in § 275-63Q.
(2)
Wisconsin Department of Natural Resources' share of fee.
(a)
Fees paid under this section shall, except where provided in § 275-63R(2)(b), include a share for the Wisconsin Department of Natural Resources equal to the amount specified in § NR 135.39(3) Table 1, Wis. Adm. Code.
(b)
For nonmetallic mining sites at which no nonmetallic mining
has taken place during a calendar year, the share for the Wisconsin
Department of Natural Resources shall be $15.
(c)
The City of New Berlin shall forward fees collected under this
subsection to the Wisconsin Department of Natural Resources by March
31 of the year for which they were collected.
(3)
The City's share of fee.
(a)
Fees paid under this section shall also include an annual fee
due to the City, which shall be as shown in § NR 135.39(4)
Table 2, Wis. Adm. Code. By state law, City fees under this section
may only be used to support reasonable expenses associated with administration
of this section and shall not exceed the numbers as established by
the state.
(b)
The annual fee collected by the City under this subsection for local transportation-related mines issued permits under § 275-63G(3) may not exceed the amounts set forth in NR 135.39(5) Table 3. The amount listed in the aforementioned table shall be the total fee assessed on such nonmetallic mine, and shall include both a share for the Wisconsin Department of Natural Resources and the City.
S.
Regulatory reporting and documentation.
(1)
Reporting. The City shall send an annual report to the Wisconsin
Department of Natural Resources by March 31 for the previous calendar
year. The reports shall include the following information for the
previous year's nonmetallic mining reclamation program:
(a)
The total number of nonmetallic mining reclamation permits in
effect.
(b)
The number of new permits issued within the jurisdiction of
the City.
(c)
The number of acres approved for nonmetallic mining and the
number of acres newly approved in the previous year.
(d)
The number of acres being mined or unreclaimed acres.
(e)
The number of acres that have been reclaimed and have had financial assurance released pursuant to § 275-63E(1)(g).
(f)
The number of acres that are reclaimed and awaiting release from the financial assurance requirements of this section pursuant to § 275-63T(1) and (2).
(g)
The number and nature of alternative requirements granted, permit
modifications, violations, public hearings, enforcement actions, penalties
that have been assessed and bond or financial assurance forfeitures.
(2)
Documentation. The City shall, to the best of its ability, maintain
the information set forth below and make it available to the Wisconsin
Department of Natural Resources for that agency's audit of the
City's reclamation program pursuant to Ch. NR 135, Wis. Adm.
Code:
(a)
Documentation of compliance with Ch. NR 135, Wis. Adm. Code,
and this section.
(b)
The procedures employed by the City regarding reclamation plan
review and the issuance and modification of permits.
(c)
The methods for review of annual reports received from operators.
(d)
The method and effectiveness of fee collection.
(e)
Procedures to accurately forward the Wisconsin Department of
Natural Resources' portion of collected fees in a timely fashion.
(f)
Methods for conducting onsite compliance inspections and attendant
reports, records and enforcement actions.
(g)
Responses to citizen complaints.
(h)
The method of and accuracy in determining the amount of the
financial assurance obtained from the operator to guarantee reclamation
performance.
(i)
The maintenance and availability of records.
(k)
The method of determining the success of reclamation in meeting the criteria contained in the reclamation plan and subsequently releasing the financial assurance pursuant to § 275-63E(1)(g).
(l)
Any changes in local regulations, ordinances, funding and staffing
mechanisms or any other factor which might affect the ability of the
City to implement its nonmetallic mining reclamation program under
this section.
(m)
The amount of fees collected in comparison to the amount of
money actually expended for nonmetallic mining reclamation program
administration.
(n)
Any other performance criterion necessary to ascertain compliance
with Ch. NR 135, Wis. Adm. Code.
T.
Completed reclamation: reporting, certification and effect.
(1)
Reporting of completed reclamation. The operator of a nonmetallic
mining site may certify completion of reclamation for a portion or
all of the nonmetallic mining site pursuant to a reclamation plan
prepared and approved pursuant to this section.
(2)
Reporting of interim reclamation. The operator of a nonmetallic mining site may report completion of interim reclamation as specified in the reclamation plan for the site prepared and approved pursuant to this chapter and Chapter NR 135, Wisconsin Administrative Code. Reporting of interim reclamation shall be done according to the procedures in § 275-63T(1).
(3)
Certification of completed reclamation. The City shall inspect a
nonmetallic mining site for which reporting of reclamation or interim
reclamation has been submitted pursuant to this subsection within
60 days of receipt and make a determination in writing in accordance
with 275-63E(1)(g)[3]. If it is determined:
(4)
Effect of completed reclamation. If reclamation is certified by the City as complete under § 275-63T(3) for part or all of a nonmetallic mining site, then:
(b)
The financial assurance required by § 275-63E shall be released or appropriately reduced in the case of completion of reclamation for a portion of the mining site.
(c)
For sites which are reported as interim reclaimed under § 275-63T(2) and so certified under § 275-63T(3), financial assurance for reclaiming the certified area shall be reduced only if the City determines that the balance is sufficient to ensure final reclamation of the entire site.
(5)
Effect of inaction following report of completed reclamation. If no written response as required by § 275-63T(3) for an area of the mine site reported as reclaimed or interim reclaimed is given within 60 days of receiving such request, any annual fee paid to the City for it under § 275-63R shall be refunded.
U.
Permit termination. When all final reclamation required by a reclamation plan conforming to § 275-63D and required by this section is certified as complete pursuant to § 275-63E(1)(g) and § 275-63T(3), the City shall issue a written statement to the operator of the nonmetallic mining site, thereby terminating the reclamation permit.
V.
Right of entry and inspection. For the purpose of ascertaining compliance
with the provisions of Subchapter I of Ch. 295, Wis. Stats., Ch. NR
135, Wis. Adm. Code, or this section, any authorized officer, agent,
employee or representative of the City may inspect any nonmetallic
mining site subject to this section as provided below:
(1)
No person may refuse entry or access onto a nonmetallic mining site
of a duly authorized officer, employee or agent of the City or the
Wisconsin Department of Natural Resources who presents appropriate
credentials to inspect the site for compliance with the nonmetallic
mining reclamation permit, this section, Ch. NR 135, Wis. Adm. Code,
or Subchapter I of Ch. 295, Wis. Stats.
(2)
Any person who enters the site under this right of inspection shall
obtain training and provide his/her own safety equipment needed to
comply with any federal, state or local laws or regulations controlling
persons on the nonmetallic mining site.
W.
Orders and citations.
(1)
Enforcement orders. The City may issue orders as set forth in § 295.19(1)(a), Wis. Stats., to enforce Subchapter I of Ch. 295, Wis. Stats., Ch. NR 135, Wis. Adm. Code, this section, a permit issued pursuant to this section, or a reclamation plan required by § 275-63D and a permit issued under this section. A violation of this section, an order or permit issued pursuant to this section, or a reclamation plan required by § 275-63D and a permit issued under this section shall be considered a violation of Subchapter I of Ch. 295, Wis. Stats., and Ch. NR 135, Wis. Adm. Code.
(2)
Special orders. The City may issue a special order as set forth in § 295.19(1)(b) and (c), Wis. Stats., suspending or revoking a nonmetallic mining reclamation permit pursuant to § 275-63O, or directing an operator to immediately cease an activity regulated under Subchapter I of Ch. 295, Wis. Stats., Ch. NR 135, Wis. Adm. Code, or this section until the necessary plan approval is obtained.
(3)
Review of orders. A person holding a reclamation permit who is subject
to an order pursuant this section shall have the right to review the
order in a contested case hearing under § 68.11, Wis. Stats.,
notwithstanding the provisions of §§ 68.001, 68.03(8)
and (9), 68.06 and 68.10(1)(b), Wis. Stats.
(4)
Citations. The City may issue a citation under § 66.0113, Wis. Stats., and § 1-18 of the City of New Berlin Municipal Code to collect forfeitures to enforce Subchapter I of Ch. 295, Wis. Stats., Ch. NR 135, Wis. Adm. Code, this section, a permit issued pursuant to this section, or a reclamation plan required by § 275-63D and a permit issued under this section. The issuance of a citation under this subsection shall not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this subsection.
(5)
Enforcement. The City may submit any order issued under § 275-63W to abate violations of this section to a District Attorney, Corporation Counsel, Municipal Attorney or the Attorney General for enforcement. The District Attorney, Corporation Counsel, Municipal Attorney or the Attorney General may enforce those orders.
X.
Penalties. Any violation of Subchapter I of Ch. 295, Wis. Stats., Ch. NR 135, Wis. Adm. Code, this section, a permit issued pursuant to this section, or a reclamation plan required by § 275-63D and a permit issued under this section may result in forfeitures as provided in § 295.19(3), Wis. Stats., as follows:
(1)
Any person who violates Ch. NR 135, Wis. Adm. Code, or an order issued under § 275-63W may be required to forfeit not less than $25 nor more than $1,000 for each violation. Each day of continued violation is a separate offense. While an order issued under § 275-63W is suspended, stayed or enjoined, this penalty does not accrue.
(2)
Except for the violations referred to in § 275-63X(1), any person who violates Subchapter I of Ch. 295, Wis. Stats., Ch. NR 135, Wis. Adm. Code, any reclamation plan approved pursuant to this section, or an order issued pursuant to § 275-63W shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of violation is a separate offense. While an order issued under § 275-63W is suspended, stayed or enjoined, this penalty does not accrue.
[1]
Editor's Note: Former § 275-64, Standards, was repealed
4-25-2023 by Ord. No. 2668.
[Amended 4-25-2023 by Ord. No. 2668; 8-29-2023 by Ord. No. 2675]
A.
Statutory authorization, findings of fact, statement of purpose,
title and general provisions.
(1)
Statutory authorization. This section is adopted pursuant to the
authorization in §§ 61.35 and 62.23, Wis. Stats., and
the requirements in § 87.30, Wis. Stats.
(2)
Finding of fact. Uncontrolled development and use of the floodplains
and rivers of this municipality would impair the public health, safety,
convenience, general welfare and tax base.
(3)
Statement of purpose. This section is intended to regulate floodplain
development to:
(a)
Protect life, health and property;
(b)
Minimize expenditures of public funds for flood control projects;
(c)
Minimize rescue and relief efforts undertaken at the expense
of the taxpayers;
(d)
Minimize business interruptions and other economic disruptions;
(e)
Minimize damage to public facilities in the floodplain;
(f)
Minimize the occurrence of future flood blight areas in the
floodplain;
(g)
Discourage the victimization of unwary land and home buyers;
(h)
Prevent increases in flood heights that could increase flood
damage and result in conflicts between property owners; and
(i)
Discourage development in a floodplain if there is any practicable
alternative to locate the activity, use or structure outside of the
floodplain.
(4)
Title. This section shall be known as the "Floodplain Zoning Ordinance
for the City of New Berlin, Wisconsin."
(5)
General provisions.
(a)
Areas to be regulated. This section regulates all areas that
would be covered by the regional flood or base flood as shown on the
Flood Insurance Rate Map (FIRM) or other maps approved by DNR. Base
flood elevations are derived from the flood profiles in the Flood
Insurance Study (FIS) and are shown as AE, A1-30, and AH Zones on
the FIRM. Other regulatory zones are displayed as A and AO Zones.
Regional flood elevations (RFE) may be derived from other studies.
If more than one map or revision is referenced, the most-restrictive
information shall apply.
(b)
Official maps and revisions. The boundaries of all floodplain districts are designated as A, AE, AH, AO or A1-30 on the maps based on the Flood Insurance Study (FIS) listed below. Any change to the base flood elevations (BFE) in the Flood Insurance Study (FIS) or any changes to the boundaries of the floodplain or floodway in the FIS or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA through the letter of map change process (see § 275-65H) before they are effective. No changes to regional flood elevations (RFEs) on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the office of the Department of Community Development, City of New Berlin. If more than one map or revision is referenced, the most current restrictive shall apply.
[1]
Based on the FIS:
[a]
Flood Insurance Rate Map (FIRM) Panel Numbers 55133C0218H, 55133C0219H, 55133C0238H, 55133C0239H, 55133C0327H, 55133C0329H, 55133C0331H, 55133C0332H, 55133C0334H, 55133C0342H, 55133C0351H, 55133C0352H, 55133C0353H, 55133C0354H, 55133C0361H and 5133C0362H, dated October 19, 2023, with corresponding profiles that are based on the Waukesha County Flood Insurance Study (FIS), dated October 19, 2023, Volumes 55133CV001D, 55133CV002D, 55133CV003D, 55133CV004D and 55133CV005D, are hereby incorporated in the City of New Berlin Floodplain Ordinance and the floodplain districts as set forth in § 275-65 as well as the City of New Berlin Zoning Map.
[b]
Flood Insurance Rate Map (FIRM) Panel Numbers 55133C0333G,
55133C0337G, and 55133C0341G, dated November 5, 2014.
[2]
Maps based upon other studies. Any maps referenced in this section
must be approved by the DNR and be more restrictive than those based
on the FIS at the site of the proposed development.
[a]
Any 100-year dam failure analyses as approved from
time to time by the DNR and FEMA.
[b]
All DNR- and FEMA-approved floodplain maps, flood
profiles, floodway data tables, regional or base flood elevations,
letters of map amendment, letters of map revision and other information
are on file in the office of the Department of Community Development,
City of New Berlin.
[c]
Waukesha County Flood Storage Maps, Panel Numbers
12 and 16, dated October 19, 2023, approved by the DNR.
(c)
Establishment of floodplain zoning districts. The regional floodplain
areas are divided into four districts as follows:
[1]
The Floodway District (FW) is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters and are contained within AE Zones as shown on the FIRM, or within A Zones shown on the FIRM when determined according to § 275-65E(1)(e).
[2]
The Floodfringe District (FF) is that portion of the floodplain between the regional flood limits and the floodway and displayed as AE Zones on the FIRM, or when floodway limits have been determined according to § 275-65E(1)(e) within A Zones shown on the FIRM.
[3]
The General Floodplain District (GFP) is those areas that have
been or may be covered by floodwater during the regional flood and
do not have a BFE or floodway boundary determined, including A, AH,
and AO Zones on the FIRM.
[4]
The Flood Storage District (FSD) is that area of the floodplain
where storage of floodwaters is calculated to reduce the regional
flood discharge.
(d)
Locating floodplain boundaries. Discrepancies between boundaries on the Official Floodplain Zoning Map and actual field conditions shall be resolved using the criteria in Subsection A(5)(d)[1] or [2] below. If a significant difference exists, the map shall be amended according to § 275-65H. The Director can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The Director shall be responsible for documenting actual predevelopment field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the Director and an applicant over the district boundary line shall be settled according to § 275-65G(3)(c) and the criteria in Subsection A(5)(d)[1] and [2] below. Where the flood profiles are based on established base flood elevations from the FIRM, FEMA must approve any map amendment or revision pursuant to § 275-65H.
(e)
Removal of lands from floodplain.
[1]
Compliance with the provisions of this section shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to § 275-65H. Note: This procedure does not remove the requirements for the mandatory purchase of flood insurance. The property owner must contact FEMA to request a letter of map change (LOMC).
[2]
The delineation of any of the Floodplain Districts may be revised
by the community where natural or man-made changes have occurred and/or
where more detailed studies have been conducted. However, prior to
any such change, approval must be obtained from the Wisconsin Department
of Natural Resources and Federal Emergency Management Agency. A completed
letter of map revision is a record of the approval. The floodplain
administrator shall not sign a community acknowledgement form unless
all criteria set forth in the following paragraphs are met:
[3]
Removal of lands from the floodplain may also occur by operation
of § 87.30(1)(e), Wis. Stat if a property owner has obtained
a letter of map amendment from the federal emergency management agency
under 44 C.F.R. 70.
(f)
Compliance.
[1]
No structure or use within the areas regulated by this section
shall hereafter be located, erected, constructed, reconstructed, repaired,
extended, converted, enlarged, or altered without full compliance
with the terms of this section and all other applicable local, state,
and federal regulations that apply to uses within the jurisdiction
of these regulations.
[2]
Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with § 275-65I.
[3]
Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications, or amendments thereto if approved by the Floodplain Administrator. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with § 275-65I.
(g)
Municipalities and state agencies regulated.
[1]
Unless specifically exempted by law, all cities, villages, towns,
and counties are required to comply with this section and obtain all
necessary permits. State agencies are required to comply if § 13.48(13),
Wis. Stats., applies.
[2]
The construction, reconstruction, maintenance and repair of
state highways and bridges by the Wisconsin Department of Transportation
is exempt when § 30.2022, Wis. Stats., applies. Although
exempt from a local zoning permit and permit fees, DOT must provide
sufficient project documentation and analysis to ensure that the community
is in compliance with Federal, State, and local floodplain standards.
[3]
If a local transportation project is located within a Zone A
floodplain and is not a WisDOT project under § 30.2022,
then the road project design documents (including appropriate detailed
plans and profiles) may be sufficient to meet the requirements for
issuance of a local floodplain permit if the following apply:
[a]
The applicant provides documentation to the Floodplain
Administrator that the proposed project is a culvert replacement or
bridge replacement under twenty-foot span at the same location;
[b]
The project is exempt from a DNR permit under § 30.123(6)(3);
[c]
The capacity is not decreased;
[d]
The top road grade is not raised, and;
[e]
No floodway data is available from a federal, state,
or other source. If floodway data is available in the impacted area
from a federal, state, or other source that existing data must be
utilized by the applicant in the analysis of the project site.
(h)
Abrogation and greater restrictions.
[1]
This section supersedes all the provisions of any municipal
zoning ordinance enacted under § 62.23 or § 87.30,
Wis. Stats., which relates to floodplains. If another ordinance is
more restrictive than this section, that ordinance shall continue
in full force and effect to the extent of the greater restrictions,
but not otherwise.
[2]
This section is not intended to repeal, abrogate or impair any
existing deed restrictions, covenants or easements. If this section
imposes greater restrictions, the provisions of this section shall
prevail.
(i)
Interpretation. In their interpretation and application, the
provisions of this section are the minimum requirements liberally
construed in favor of the governing body and are not a limitation
on or repeal of any other powers granted by the Wisconsin Statutes.
If a provision of this section required by Ch. NR 116, Wis. Adm. Code,
is unclear, the provision shall be interpreted in light of the standards
in effect on the date of the adoption of this section or in effect
on the date of the most recent text amendment to this section.
(j)
Warning and disclaimer of liability. The flood protection standards
in this section are based on engineering experience and research.
Larger floods may occur or the flood height may be increased by man-made
or natural causes. This section does not imply or guarantee that nonfloodplain
areas or permitted floodplain uses will be free from flooding and
flood damages. This section does not create liability on the part
of, or a cause of action against, the municipality or any officer
or employee thereof for any flood damage that may result from reliance
on this section.
(k)
Severability. Should any portion of this section be declared
unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this section shall not be affected.
(l)
Annexed areas for cities and villages. The Waukesha County floodplain
zoning provisions in effect on the date of annexation shall remain
in effect and shall be enforced by the municipality for all annexed
areas until the municipality adopts and enforces an ordinance which
meets the requirements of Ch. NR 116, Wis. Adm. Code, and 44 CFR 59-72,
National Flood Insurance Program (NFIP). These annexed lands are described
on the municipality's Official Zoning Map. County floodplain
zoning provisions are incorporated by reference for the purpose of
administering this section and are on file in the office of the municipal
Director. All plats or maps of annexation shall show the regional
flood elevation and the location of the floodway.
B.
General standards applicable to all floodplain districts.
(1)
General standards. The community shall review all permit applications
to determine whether proposed building sites will be reasonably safe
from flooding.
(a)
If a proposed building site is in a flood-prone area, all new
construction and substantial improvements shall:
[1]
Be designed or modified and adequately anchored to prevent flotation,
collapse, or lateral movement of the structure resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy;
[2]
Be constructed with materials resistant to flood damage;
[3]
Be constructed by methods and practices that minimize flood
damages;
[4]
Mechanical and utility equipment must be elevated to or above
the flood protection elevation.
(b)
If a subdivision or other proposed new development is in a floor-prone
area, the community shall assure that:
[1]
Such proposed subdivision or other proposed new development
is consistent with the need to minimize flood damage within the flood-prone
area;
[2]
Public utilities and facilities, such as sewer, gas, electrical,
and water systems, are located and constructed to minimize or eliminate
flood damages;
[3]
Adequate drainage shall be provided to reduce exposure to flood hazards, and all subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this section and all other requirements in § 275-65G(1)(b).
(3)
Watercourse alterations. No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified, in writing, all adjacent municipalities, the Department and FEMA regional offices and required the applicant to secure all necessary state and federal permits. The standards of § 275-65B(2) must be met, and the flood-carrying capacity of any altered or relocated watercourse shall be maintained. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to § 275-65H, the applicant shall apply, with community acknowledgement, for a letter of map revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.
(4)
Chapters 30 and 31, Wis. Stats., development. Development which requires a permit from the Department under Chs. 30 and 31, Wis. Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the Floodplain Zoning Ordinance are made according to § 275-65H.
(5)
Public or private campgrounds. Public or private campgrounds shall
have a low flood damage potential and shall meet the following provisions:
(a)
The campground is approved by the Department of Agriculture,
Trade and Consumer Protection;
(b)
A land use permit for the campground is issued by the Director;
(c)
The character of the river system and the elevation of the campground
are such that a seventy-two-hour warning of an impending flood can
be given to all campground occupants;
(d)
There is an adequate flood warning procedure for the campground
that offers the minimum notice required under this section to all
persons in the campground. This procedure shall include a written
agreement between the campground owner, the municipal emergency government
coordinator and the chief law enforcement official which specifies
the flood elevation at which evacuation shall occur, personnel responsible
for monitoring flood elevations, types of warning systems to be used
and the procedure for notifying at-risk parties, and the methods and
personnel responsible for conducting the evacuation;
(e)
This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated, by the officials identified in Subsection B(5)(d) above, to remain in compliance with all applicable regulations, including those of the State Department of Agriculture, Trade and Consumer Protection and all other applicable regulations;
(f)
All mobile recreational vehicles places on the site must meet
one of the following:
[1]
Only camping units that are fully licensed, if required, and
ready for highway use are allowed (a mobile recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is
attached to the site only by quick-disconnect utilities and security
devices and has no permanently attached additions); or
[2]
The camping units shall not occupy any site in the campground
for more than 180 consecutive days, at which time the recreational
vehicle must be removed from the floodplain for a minimum of 24 hours;
or
(g)
All camping units that remain on site for more than 30 days
shall be issued a limited authorization by the campground operator,
a written copy of which is kept on file at the campground. Such authorization
shall allow placement of a camping unit for a period not to exceed
180 days and shall ensure compliance with all the provisions of this
section;
(h)
The municipality shall monitor the limited authorizations issued
by the campground operator to assure compliance with the terms of
this section;
(i)
The campground shall have signs clearly posted at all entrances
warning of the flood hazard and the procedures for evacuation when
a flood warning is issued; and
(j)
All service facilities, including but not limited to refuse
collection, electrical service, gas lines, propane tanks, sewage systems
and wells, shall be properly anchored and placed at or floodproofed
to the flood protection elevation.
(k)
Standards for structure in a campground:
[1]
All structures must comply with section § 275-65B(5) or meet the applicable requirements in § 275-65C, D, or E(1) for the floodplain district in which the structure is located;
[2]
Deck/landing. A portable landing may be allowed for a camping unit for each entry provided that the landing is not permanently attached to the ground or camping unit, is no more than 200 square feet in size, shall be portable, contain no walls, or roof, and can be removed from the campground by a truck and/or trailer. Sections of such portable landings may be placed together to form a single deck not greater than 200 square feet at one entry point. Provisions for the removal of these temporary landings during flood events must be addressed within the written agreement with the municipality compliant with § 275-65B(5)(d). Any such deck/landing structure may be constructed at elevations lower than the flood protection elevation but must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood.
[3]
Decks/patios that are constructed completely at grade may be
allowed, but must also comply with applicable shoreland zoning standards.
[4]
Camping equipment and appurtenant equipment in the campground may be allowed provided that the equipment is not permanently attached to the ground or camping unit, is not used as a habitable structure, and must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. Provisions for the removal of this equipment during flooding events shall be addressed within the written agreement with the municipality compliant with § 275-65B(5)(d).
[5]
Once a flood warning in the written agreement has been issued for the campground, the campground owner or the designated operator shall ensure that all persons, camping units, decks, camping equipment and appurtenance equipment in the campground shall be evacuated within the timelines specified within the written agreement with the municipality compliant with the § 275-65B(5)(d).
(l)
A land use permit shall be obtained as provided under § 275-65G(1)(b) before any development; repair, modification or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated.
C.
Floodway District (FW).
(1)
Applicability. This section applies to all floodway areas on the Floodplain Zoning Maps and those identified pursuant to § 275-65E(1)(e).
(2)
Permitted uses. The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District if they are not prohibited by any other ordinance, they meet the standards in § 275-65C(3) and (4), and all permits or certificates have been issued according to § 275-65G(1):
(a)
Agricultural uses, such as farming, outdoor plant nurseries,
horticulture, viticulture and wild crop harvesting.
(b)
Nonstructural industrial and commercial uses, such as loading
areas, parking areas and airport landing strips.
(c)
Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of § 275-65C(3)(d).
(d)
Uses or structures accessory to open space uses or classified as historic structures that comply with § 275-65C(3) and (4).
(e)
Extraction of sand, gravel or other materials that complies with § 275-65C(3)(d).
(f)
Functionally water-dependent uses, such as docks, piers or wharves,
dams, flowage areas, culverts, navigational aids and river crossings
of transmission lines, and pipelines that comply with Chs. 30 and
31, Wis. Stats.
(g)
Public utilities, streets and bridges that comply with § 275-65C(3)(c).
(h)
Portable latrines that are removed prior to flooding and systems
associated with recreational areas and Department-approved campgrounds
that meet the applicable provisions of local ordinances and Ch. 383
Wis. Adm. Code.
(i)
Public or private wells used to obtain potable water for recreational
areas that meet the requirements of local ordinance and Chs. NR 811
and NR 812, Wis. Adm. Code.
(j)
Wastewater treatment ponds or facilities permitted under Ch.
NR 110.15(3)(b), Wis. Adm. Code.
(k)
Sanitary sewer or water supply lines to service existing or
proposed development located outside the floodway that complies with
the regulations for the floodplain area occupied.
(3)
Standards for development in floodway areas.
(a)
General.
[1]
Any development in the floodway shall comply with § 275-65B and have a low flood damage potential.
[2]
Applicants shall provide an analysis calculating the effects of this proposal on the regional flood height to determine the effects of the proposal according to § 275-65B(2) and § 275-65G(1)(b)[3]: The analysis must be completed by a registered professional engineer in the state of Wisconsin.
[3]
Any encroachment in the regulatory floodway is prohibited unless the data submitted for Subsection C(3)(a)[2] above demonstrates that the encroachment will cause no increase in flood elevations in flood events up to the base flood at any location or removes the encroached area from the regulatory floodway as provided in § 275-65A(5)(e).
(b)
Structures. Structures accessory to permanent open space uses,
including utility and sanitary facilities, or functionally dependent
on a waterfront location may be allowed by permit if the structures
comply with the following criteria:
[1]
The structure is not designed for human habitation and does
not have a high flood damage potential and is constructed to minimize
flood damage;
[2]
Shall either have the lowest floor elevated to or above the
flood protection elevation or shall meet all the following standards:
[a]
Have the lowest floor elevated to or above the
regional flood elevation and be dry floodproofed so that the structure
is watertight with walls substantially impermeable to the passage
of water and completely dry to the flood protection elevation without
human intervention during flooding;
[b]
Have structural components capable of meeting the provision of § 275-65C(3)(b)[7] and;
[c]
Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with § 275-65C(3)(b)[7].
[3]
Must be anchored to resist flotation, collapse and lateral movement;
[4]
Mechanical and utility equipment must be elevated to, or above,
the flood protection elevation; and
[5]
They must not obstruct the flow of floodwaters or cause any
increase in flood levels during the occurrence of the regional flood.
[6]
For a structure designed to allow the automatic entry of floodwaters below the Regional Flood Elevation, the applicant shall submit a plan that meets Subsection C(3)(b)[1] through [5] above and meets or exceeds the following standards:
[a]
The lowest floor must be elevated to or above the
regional flood elevation;
[b]
A minimum of two openings having a total net area
not less than one square inch for every square foot of enclosed area
subject to flooding;
[c]
The bottom of all such openings shall be no higher
than one foot above the lowest adjacent grade; openings may be equipped
with screens, louvers, or other coverings or devices, provided that
they permit the automatic entry and exit of floodwaters, otherwise
must remain open;
[d]
The use must be limited to parking, building access
or limited storage.
[7]
Certification. Whenever floodproofing measures are required,
a registered professional engineer or architect shall certify that
the following floodproofing measures will be utilized, where appropriate,
and are adequate to withstand the flood depths, pressures, velocities,
impact and uplift forces and other factors associated with the regional
flood:
[a]
Reinforcement of floors and walls to resist rupture,
collapse, or lateral movement caused by water pressures or debris
buildup;
[b]
Construction of well, water supply systems and waste treatment systems so as to prevent the entrance of flood waters in such systems and must be in accordance with provision in § 275-65C(4)(d) and (e);
[c]
Subsurface drainage systems to relieve external
pressures on foundation walls and basement floors;
[d]
Cutoff valves on sewer lines or the elimination
of gravity flow basement drains; and
[e]
Placement of utilities to or above the flood protection
elevation.
(c)
Public utilities, streets and bridges. Public utilities, streets
and bridges may be allowed by permit if:
[1]
Adequate floodproofing measures are provided to the flood protection
elevation; and
[2]
Construction meets the development standards of § 275-65B(2).
(d)
Fills or deposition of materials. Fills or deposition of materials
may be allowed by permit if:
[1]
The requirements of § 275-65B(2) are met;
[2]
No material is deposited in navigable waters unless a permit
is issued by the Department pursuant to Ch. 30, Wis. Stats., and a
permit pursuant to Section 404 of the Federal Water Pollution Control
Act Amendments of 1972, 33 U.S.C. § 1344, has been issued,
if applicable, and all other requirements have been met;
[3]
The fill or other materials will be protected against erosion
by riprap, vegetative cover, sheet piling or bulkheading; and
[4]
The fill is not classified as a solid or hazardous material.
(4)
Prohibited uses. All uses not listed as permitted uses in § 275-65C(2) are prohibited, including the following uses:
(a)
Habitable structures, structures with high flood damage potential,
or those not associated with permanent open-space uses;
(b)
Storing materials that are buoyant, flammable, explosive, or
injurious to property, water quality, or human, animal, plant, fish
or other aquatic life;
(c)
Uses not in harmony with or detrimental to uses permitted in
the adjoining districts;
(d)
Any private or public sewage systems, except portable latrines
that are removed prior to flooding and systems associated with recreational
areas and Department-approved campgrounds that meet the applicable
provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code;
(e)
Any public or private wells which are used to obtain potable
water, except those for recreational areas that meet the requirements
of local ordinances and Chs. NR 811 and NR 812, Wis. Adm. Code;
(f)
Any solid or hazardous waste disposal sites;
(g)
Any wastewater treatment ponds or facilities, except those permitted
under § NR 110.15(3)(b), Wis. Adm. Code; and
(h)
Any sanitary sewer or water supply lines, except those to service
exiting or proposed development located outside the floodway which
complies with the regulations for the floodplain area occupied.
D.
Floodfringe District (FF).
(1)
Applicability. This section applies to all floodfringe areas shown on the Floodplain Zoning Maps and those identified pursuant to § 275-65E(1)(e).
(2)
Permitted uses. Any structure, land use, or development is allowed in the Floodfringe District if the standards in § 275-65D(3) are met, the use is not prohibited by this chapter or any other ordinance or regulation, and all permits or certificates specified in § 275-65G(1) have been issued.
(3)
Standards for development in floodfringe areas. § 275-65B(1) shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of § 275-65F.
(a)
Residential uses. Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe area shall meet or exceed the following standards. Any existing structure in the floodfringe must meet the requirements of § 275-65F.
[1]
All new construction, including placement of manufactured homes, and substantial improvement of residential structures, shall have the lowest floor elevated to or above the flood protection elevation on fill. The fill around the structure shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. No area may be removed from the floodfringe district unless it can be shown to meet § 275-65A(5)(e).
[2]
Notwithstanding Subsection D(3)(a)[1] above, a basement or crawlspace floor may be placed at or above one foot above the regional flood elevation if the basement or crawlspace is designed to make all portions of the structure below the flood protections elevation watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. No floor of any kind is allowed lower than one foot above the regional flood elevation.
[3]
Contiguous dryland access shall be provided from a structure
to land outside of the floodplain, except as provided in [4] below.
[4]
In developments where existing street or sewer line elevations make compliance with Subsection D(3)(a)[3] above impractical, the municipality may permit new development and substantial improvements where roads are below the regional flood elevation if:
[a]
The municipality has written assurance from police,
fire and emergency services that rescue and relief will be provided
to the structure(s) by wheeled vehicles during a regional flood event;
or
[b]
The municipality has a DNR-approved emergency evacuation
plan that follows acceptable hazard mitigation planning guidelines.
(b)
Accessory structures or uses. In addition to § 275-65B(1), new construction and substantial improvements of accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation.
(c)
Commercial uses. In addition to § 275-65B(1), any commercial structure which is erected, altered or moved into the floodfringe area shall meet the requirements of § 275-65D(3)(a). Subject to the requirements of § 275-65D(3)(e), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
(d)
Manufacturing and industrial uses. In addition to § 275-65B(1), any manufacturing or industrial structure which is erected, altered or moved into the floodfringe area shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in § 275-65G(5). Subject to the requirements of 275-65D(3)(e), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
(e)
Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with § 275-65G(5). Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.
(f)
Public utilities, streets and bridges. All utilities, streets
and bridges shall be designed to be compatible with comprehensive
floodplain development plans, and:
[1]
When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with § 275-65G(5).
[2]
Minor roads or nonessential utilities may be constructed at
lower elevations if they are designed to withstand flood forces to
the regional flood elevation.
(g)
Sewage systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of floodwater into the system, pursuant to § 275-65G(5)(c), to the flood protection elevation and shall meet the provisions of all local ordinances and Ch. SPS 383, Wis. Adm. Code.
(h)
Wells. All wells shall be designed to minimize or eliminate infiltration of floodwaters into the system, pursuant to § 275-65G(5)(c), to the flood protection elevation and shall meet the provisions of Chs. NR 811 and NR 812, Wis. Adm. Code.
(i)
Solid waste disposal sites. Disposal of solid or hazardous waste
is prohibited in floodfringe areas.
(j)
Deposition of materials. Any deposited material must meet all
the provisions of this section.
(k)
Manufactured homes.
[1]
Owners or operators of all manufactured home parks and subdivisions
shall provide adequate surface drainage to minimize flood damage and
prepare, secure approval of and file an evacuation plan, indicating
vehicular access and escape routes, with local emergency management
authorities.
[3]
Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in § 275-65D(3)(a).
(l)
Mobile recreational vehicles. All mobile recreational vehicles
must be on site for less than 180 consecutive days and be either:
[1]
Fully licensed and ready for highway use (a mobile recreational
vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick-disconnect utilities
and security devices and has no permanently attached additions); or
[2]
Shall meet the elevation and anchoring requirements in § 275-65D(3)(k)[2] and [3].
E.
Other floodplain districts. Other floodplain districts may be established
under this chapter and reflected on the Floodplain Zoning Map. These
districts may include General Floodplain Districts and Flood Storage
Districts.
(1)
General Floodplain District (GFP).
(a)
Applicability. The provisions for this district shall apply to development in all floodplains mapped as A, AO, AH and in AE Zones within which a floodway is not delineated on the Flood Insurance Rate Maps identified in § 275-65A(5)(b)[1].
(b)
Floodway boundaries. For proposed development in zone A, or in zone AE within which a floodway is not delineated on the Flood Insurance Rate Map identified in § 275-65A(5)(b)[1], the boundaries of the regulatory floodway shall be determined pursuant to § 275-65E(1)(e). If the development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of § 275-65C. If the development is located entirely within the floodfringe, the development is subject to the standards of § 275-65D.
(c)
Permitted uses. Pursuant to § 275-65E(1)(e), it shall be determined whether the proposed use is located within a floodway or floodfringe area. Those uses permitted in floodway (§ 275-65C(2)) and floodfringe areas (§ 275-65D(2)) are allowed within the General Floodplain District, according to the standards of § 275-65E(1)(d), provided that all permits or certificates required under § 275-65G(1) have been issued.
(d)
Standards for development in the General Floodplain District. § 275-65C applies to floodway areas, determined pursuant to § 275-65E(1)(e); § 275-65D applies to floodfringe areas, determined pursuant to § 275-65E(1)(e).
[1]
New construction and substantial improvements of structures
in Zone AO shall have the structure's lowest floor, including
basement, elevated:
[2]
New construction and substantial improvement of structures in
Zone AH shall have the lowest floor, including basement, elevated
to or above the flood protection elevation; or
[3]
In AO/AH Zones, provide plans showing adequate drainage paths
to guide floodwaters around structures.
(e)
Determining floodway and floodfringe limits. Upon receiving
an application for development within Zone A, or within Zone AE where
a floodway has not been delineated on the Flood Insurance Rate Maps,
the Director shall:
[1]
Require the applicant to submit two copies of an aerial photograph
or a plan which shows the proposed development with respect to the
General Floodplain District limits, stream channel, and existing floodplain
developments, along with a legal description of the property, fill
limits and elevations, building floor elevations and floodproofing
measures, and the flood zone as shown on the FIRM.
[2]
Require the applicant to furnish any of the following information
deemed necessary by the Department to evaluate the effects of the
proposal upon flood heights and flood flows, regional flood elevation,
and to determine floodway boundaries:
[a]
A hydrologic and hydraulic study as specified in § 275-65G(1)(b)[3];
[b]
A plan (surface view) showing elevations or contours
of the ground; pertinent structure, fill or storage elevations; size,
location and layout of all proposed and existing structures on the
site; location and elevations of streets, water supply, and sanitary
facilities; soil types; and other pertinent information;
[c]
Specifications for building construction and materials,
floodproofing, filling, dredging, channel improvement, storage, water
supply and sanitary facilities.
(2)
Flood storage district. The Flood Storage District delineates that
portion of the floodplain where storage of floodwaters has been taken
into account and is relied upon to reduce the regional flood discharge.
The district protects the flood storage areas and assures that any
development in the storage areas will not decrease the effective flood
storage capacity which would cause higher flood elevations.
(a)
Applicability. The provisions of this subsection apply to all
areas within the Flood Storage District (FSD), as shown on the Official
Floodplain Zoning Maps.
(b)
Permitted uses. Any use or development which occurs in a Flood Storage District must meet the applicable requirements in § 275-65D(3).
(c)
Standards for development in Flood Storage Districts.
[1]
Development in a Flood Storage District shall not cause an increase
equal or greater than 0.00 feet in the height of the regional flood.
[2]
No development shall be allowed which removes flood storage
volume unless an equal volume of storage as defined by the redevelopment
ground surface and the regional flood elevation shall be provided
in the immediate area of the proposed development to compensate for
the volume of storage which is lost (compensatory storage). Excavation
below the groundwater table is not considered to provide an equal
volume of storage.
[3]
If compensatory storage cannot be provided, the area may not be developed unless the entire area zoned as Flood Storage District, on this waterway, is rezoned to the Floodfringe District. This must include a revision to the floodplain study and map done for the waterway to revert to the higher regional flood discharge calculated without floodplain storage, as per § 275-65H of this section.
[4]
No area may be removed from the Flood Storage District unless
it can be shown that the area has been filled to the flood protection
elevation and is contiguous to other lands lying outside of the floodplain.
F.
Nonconforming uses.
(1)
General.
(a)
Applicability.
[1]
The standards in this section shall apply to all uses and building
that do not conform to the provisions contained within a floodplain
zoning ordinance or with § 87.30, Wis. Stats., and §§ NR
116.12-14, Wis Adm. Code and 44 CFR 59-72. These standards shall apply
to all modifications or additions to any nonconforming use or structure
and to the use of any structure or premises which was lawful before
the passage of this section or any amendment thereto. A party asserting
existence of a lawfully established nonconforming use or structure
has a burden of proving that the use or structure was complaint with
the floodplain zoning ordinance in effect at the time the use or structure
was created.
[2]
As permit applications are received for additions, modifications,
or substantial improvements to nonconforming buildings in the floodplain,
municipalities shall develop a list of those nonconforming buildings,
their present equalized assessed value and a list of the costs of
those activities associated with changes to those buildings.
(b)
The existing lawful use of a structure or its accessory use
which is not in conformity with the provisions of this section may
continue, subject to the following conditions:
[1]
No modifications or additions to a nonconforming use or structure
shall be permitted unless they comply with this section. The words
"modification" and "addition" include, but are not limited to, any
alteration, addition, modification, structural repair, rebuilding
or replacement of any such existing use, structure or accessory structure
or use. Maintenance is not considered a modification; this includes
painting, decorating, paneling and other nonstructural components
and the maintenance, repair or replacement of existing private sewage
or water supply systems or connections to public utilities. Any costs
associated with the repair of a damaged structure are not considered
maintenance. The construction of a deck that does not exceed 200 square
feet and that is adjacent to the exterior wall of a principal structure
is not an extension, modification or addition. The roof of the structure
may extend over a portion of the deck in order to provide safe ingress
and egress to the principal structure.
[2]
If a nonconforming use or the use of a nonconforming structure
is discontinued for 12 consecutive months, it is no longer permitted,
and any future use of the property, and any structure or building
thereon, shall conform to the applicable requirements of this section.
[3]
The municipality shall keep a record which lists all nonconforming
uses and nonconforming structures, their present equalized assessed
value, the cost of all modifications or additions which have been
permitted, and the percentage of the structure's total current
value those modifications represent.
[4]
No modification or addition to any nonconforming structure or any structure with a nonconforming use which, over the life of the structure, would equal or exceed 50% of its present equalized assessed value shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this section. Contiguous dryland access must be provided for residential and commercial uses in compliance with § 275-65D(3)(a). The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this subsection.
[5]
No maintenance on a per event basis to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this section. Contiguous dryland access must be provided for residential and commercial uses in compliance with § 275-65D(3)(a). Maintenance to any nonconforming structure, which does not exceed 50% of its present equalized assessed value on a per event basis, does not count against the cumulative calculations over the life of the structure for substantial improvement calculations.
[6]
If, on a per-event basis, the total value of the work being done under Subsection F(1)(b)[4] and [5] above equals or exceeds 50% of the present equalized assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this section. Contiguous dryland access must be provided for residential and commercial uses in compliance with § 275-65D(3)(a).
[7]
Except as provided in Subsection F(1)(b)[8] below, if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its predamaged condition equals or exceeds 50% of the structure's present equalized assessed value.
[8]
For nonconforming buildings that are substantially damaged or
destroyed by a nonflood disaster, the repair or reconstruction of
any such nonconforming building shall be permitted in order to restore
it to the size and use in effect prior to the damage event, provided
that the minimum requirements are met and all required permits have
been granted prior to the start of construction.
[a]
Residential structures:
[i]
Shall have the lowest floor, including basement, elevated to or above the flood protection elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of § 275-65G(5)(b).
[ii]
Shall be anchored to prevent flotation, collapse,
or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, and shall be
constructed with methods and materials resistant to flood damage.
[iii]
Shall be constructed with electrical, heating,
ventilation, plumbing and air-conditioning equipment and other service
facilities that are designed and/or elevated so as to prevent water
from entering or accumulating within the components during conditions
of flooding.
[iv]
In A Zones, obtain, review and utilize any flood
data available from a federal, state or other source.
[v]
In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in § 275-65E(1)(d).
[vi]
In AO Zones, shall have adequate drainage paths
around the structure on slopes to guide floodwaters around and away
from the structure.
[b]
Nonresidential structures:
[i]
Shall meet the requirements of Subsection F(1)(b)[8][a][i] through
[vi] above.
[ii]
Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation or, together with attendant utility and sanitary facilities, shall meet the standards in § 275-65G(5)(a) or (b).
[iii]
In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in § 275-65E(1)(d).
(c)
A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as an historic structure, the alteration will comply with § 275-65C(3)(a), flood-resistant materials are used, and construction practices and floodproofing methods that comply with § 275-65G(5) are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of § 275-65F(1)(b)[8][a] if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and is the minimum necessary to preserve the historic character and design of the structure.
(2)
Floodway district.
(a)
Modifications or additions. No modification or addition shall
be allowed to any nonconforming structure or any structure with a
nonconforming use in the Floodway District, unless such modification
or addition:
[1]
Has been granted a permit or variance which meets all ordinance
requirements;
[2]
Meets the requirements of 275-65F(1);
[3]
Shall not increase the obstruction to flood flows or regional
flood height; and
[4]
Any addition to the existing structure shall be floodproofed, pursuant to § 275-65G(5), by means other than the use of fill, to the flood protection elevation; and
[5]
If any part of the foundation below the flood protection elevation
is enclosed, the following standards shall apply:
[a]
The enclosed are shall be designed by a registered
architect or engineer to allow for the efficient entry and exit of
floodwaters without human intervention. A minimum of two openings
must be provided with a minimum net area of at least one square inch
for every one square foot of the enclosed area. The lowest part of
the opening can be no more than 12 inches above the adjacent grade;
[b]
The parts of the foundation located below the flood
protection elevation must be constructed of flood-resistant materials;
[c]
Mechanical and utility equipment must be elevated
or floodproofed to or above the flood protection elevation; and
[d]
The use must be limited to parking, building access
or limited storage.
(b)
No new onsite sewage disposal system, or addition to an existing onsite sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in a Floodway District. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a Floodway District shall meet the applicable requirements of all municipal ordinances, § 275-65G(5)(c) and Ch. SPS 383, Wis. Adm. Code.
(c)
No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing well in a Floodway District shall meet the applicable requirements of all municipal ordinances, § 275-65G(5)(c) and Chs. NR 811 and NR 812, Wis. Adm. Code.
(3)
Floodfringe district.
(a)
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality and meets the requirements of § 275-65D(3), except where (b) below is applicable.
(b)
Where compliance with the provisions of Subsection F(3)(a) above would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Appeals, using the procedures established in § 275-65G(3), may grant a variance from those provisions of Subsection F(3)(a) above for modifications or additions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:
[1]
No floor is allowed below the regional flood elevation for residential
or commercial structures;
[2]
Human lives are not endangered;
[3]
Public facilities, such as water or sewer, shall not be installed;
[4]
Flood depths shall not exceed two feet;
[5]
Flood velocities shall not exceed two feet per second; and
[6]
The structure shall not be used for storage of materials as described in § 275-65D(3)(e).
(c)
All new private sewage disposal systems, or additions to, replacement, repair or maintenance of a private sewage disposal system, shall meet all the applicable provisions of all local ordinances, § 275-65G(5)(c) and Ch. SPS 383, Wis. Adm. Code.
(d)
All new wells, or additions to, replacement, repair or maintenance of a well, shall meet the applicable provisions of this section, § 275-65G(5)(c) and Chs. NR 811 and NR 812, Wis. Adm. Code.
(4)
Flood Storage District. No modifications or additions shall be allowed to any nonconforming structure in a flood storage area unless the standards outlined in § 275-65E(2)(c) are met.
G.
Administration. The Director of Community Development shall administer
this section.
(1)
Director.
(a)
Duties and powers. The Director is authorized to administer
this section and shall have the following duties and powers:
[1]
Advise applicants of the chapter provisions, assist in preparing
permit applications and appeals, and assure that the regional flood
elevation for the proposed development is shown on all permit applications.
[2]
Issue permits and inspect properties for compliance with provisions
of this section and issue certificates of compliance where appropriate.
[3]
Inspect and assess all damaged floodplain structures to determine
if substantial damage to the structures has occurred.
[4]
Keep records of all official actions, such as:
[a]
All permits issued, inspections made, and work
approved.
[b]
Documentation of certified lowest floor and regional
flood elevations.
[c]
Floodproofing certificates.
[d]
Records of water surface profiles, Floodplain Zoning
Maps and ordinances, nonconforming uses and structures, including
changes, appeals, variances and amendments.
[e]
All substantial damage assessment reports for floodplain
structures.
[f]
List of nonconforming structures and uses.
[5]
Submit copies of the following items to the Department's
regional office:
[a]
Within 10 days of the decision, a copy of any decisions
on variances, appeals for map or text interpretations, and map or
text amendments.
[b]
Copies of any case-by-case analyses, and other
required information.
[c]
Copies of substantial damage assessments performed
and all related correspondence concerning the assessments.
[6]
Investigate, prepare reports, and report violations of this
section to the Municipal Department of Community Development and Attorney
for prosecution. Copies of the reports shall also be sent to the Department's
regional office.
[7]
Submit copies of amendments to the FEMA regional office.
(b)
Land use permit. A land use permit shall be obtained before
any new development; repair, modification or addition to an existing
structure; or change in the use of a building or structure, including
sewer and water facilities, may be initiated. All applications shall
be submitted on the appropriate forms and in numbers as required by
the Director. For projects requiring a land use permit, the Plan Commission
shall review and take action for these projects upon receiving a written
report from the Department of Community Development. Application submittals
shall include, but not be limited to, the following information:
[2]
Site development plan. A site plan, drawn to scale, shall be
submitted with the permit application form and shall contain:
[a]
Location, dimensions, area and elevation of the
lot;
[b]
Location of the ordinary high-water mark of any
abutting navigable waterways;
[c]
Location of any structures, with distances measured
from the lot lines and street center lines;
[d]
Location of any existing or proposed on-site sewage
systems or private water supply systems;
[e]
Location and elevation of existing or future access
roads;
[f]
Location of floodplain and floodway limits as determined
from the Official Floodplain Zoning Maps;
[g]
The elevation of the lowest floor of proposed buildings
and any fill using the vertical datum from the adopted study, North
American Vertical Datum (NAVD);
[i]
Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to § 275-65B(2). This may include any of the information noted in § 275-65C(3)(a).
[3]
Hydraulic and hydrologic studies to analyze developments. All
hydraulic and hydrologic studies shall be completed under the direct
supervision of a professional engineer registered in the state. The
study contractor shall be responsible for the technical adequacy of
the study. All studies shall be reviewed and approved by DCD.
[a]
Zone A floodplains and in AE Zones within which
a floodway is not delineated:
[i]
Hydrology. The appropriate method shall be based on the standards
in Ch. NR 116.07(3), Wis. Adm. Code, Hydrologic Analysis: Determination
of Regional Flood Discharge.
[ii]
Hydraulic modeling. The regional flood elevation shall be based
on the standards in Ch. NR 116.07(4), Wis. Adm. Code, Hydraulic Analysis:
Determination of the Regional Flood Elevation, and the following:
[A]
Determination of the required limits of the hydraulic
model shall be based on detailed study information for downstream
structures (dam, bridge, or culvert) to determine adequate starting
WSEL for the study.
[B]
Channel sections must be surveyed.
[C]
Minimum four-foot contour data in the overbanks
shall be used for the development of cross section overbank and floodplain
mapping.
[D]
A maximum distance of 500 feet between cross sections
is allowed in developed areas, with additional intermediate cross
sections required at transitions in channel bottom slope, including
a survey of the channel at each location.
[E]
The most current version of HEC-RAS shall be used.
[F]
A survey of bridge and culvert openings and the
top of road is required at each structure.
[G]
Additional cross sections are required at the downstream
and upstream limits of the proposed development and any necessary
intermediate locations based on the length of the reach if greater
than 500 feet.
[H]
Standard accepted engineering practices shall be
used when assigning parameters for the base model, such as flow, Manning's
N values, expansion and contraction coefficients, or effective flow
limits. The base model shall be calibrated to past flooding data,
such as high-water marks, to determine the reasonableness of the model
results. If no historical data is available, adequate justification
shall be provided for any parameters outside standard accepted engineering
practices.
[I]
The model must extend past the upstream limit of
the difference in the existing and proposed flood profiles in order
to provide a tie-in to existing studies. The height difference between
the proposed flood profile and the existing study profiles shall be
no more than 0.00 feet.
[iii]
Mapping. A work map of each of the reach studied
shall be provided, showing all cross section locations, floodway/floodplain
limits based on best available topographic data, geographic limits
of the proposed development, and whether the proposed development
is located in the floodway.
[A]
If the proposed development is located outside
of the floodway, then it is determined to have no impact on the regional
flood elevation.
[B]
If any part of the proposed development is in the
floodway, it must be added to the base model to show the difference
between existing and proposed conditions. The study must ensure that
all coefficients remain the same as in the existing model, unless
adequate justification based on standard accepted engineering practices
is provided.
[b]
Zone AE floodplains.
[i]
Hydrology. If the proposed hydrology will change the existing
study, the appropriate method shall be based on the standards in Ch.
NR 116.07(3), Wis. Adm. Code, Hydrologic Analysis: Determination of
Regional Flood Discharge.
[ii]
Hydraulic modeling. The regional flood elevation shall be based
on the standards in Ch. NR 116.07(4), Wis. Adm. Code, Hydraulic Analysis:
Determination of the Regional Flood Elevation, and the following:
[A]
Duplicate effective model. The Effective Model
shall be reproduced to ensure correct transference of the model data
and to allow integration of the revised data to provide a continuous
FIS model upstream and downstream of the revised reach. If data from
the Effective Model is available, models shall be generated that duplicate
the FIS profiles and the elevations shown in the Floodway Data Table
in the FIS report to within 0.1 foot.
[B]
Corrected effective model. The Corrected Effective
Model shall not include any man-made physical changes since the Effective
Model date but shall import the model into the most-current version
of HEC-RAS for Department review.
[C]
Existing (preproject conditions) model. The Existing
Model shall be required to support conclusions about the actual impacts
of the project associated with the Revised (Post-Project) Model or
to establish more up-to-date models on which to base the Revised (Post-Project)
Model.
[D]
Revised (Post-Project Conditions) Model. The Revised
(Post-Project Conditions) Model shall incorporate the Existing Model
and any proposed changes to the topography caused by the proposed
development. This model shall reflect proposed conditions.
[E]
All changes to the Duplicate Effective Model and
subsequent models must be supported by certified topographic information,
bridge plans, construction plans and survey notes.
[F]
Changes to the hydraulic models shall be limited
to the stream reach for which the revision is being requested. Cross
sections upstream and downstream of the revised reach shall be identical
to those in the Effective Model and result in water surface elevations
and top widths computed by the Revised Models matching those in the
Effective Models upstream and downstream of the revised reach as required.
The Effective Model shall not be truncated.
[iii]
Mapping. Maps and associated engineering data
shall be submitted to the Department for review which meet the following
conditions:
[A]
Consistency between the revised hydraulic models,
the revised floodplain and floodway delineations, the revised flood
profiles, topographic work map, annotated FIRMs and/or Flood Boundary/Floodway
Maps (FBFMs), construction plans, and bridge plans.
[B]
Certified topographic map of a suitable scale,
contour interval, and a planimetric map showing the applicable items.
If a digital version of the map is available, it may be submitted
in order that the FIRM may be more easily revised.
[C]
Annotated FIRM panel showing the revised 1% and
0.2% annual chance floodplains and floodway boundaries.
[D]
If an annotated FIRM and/or FBFM and digital mapping
data (GIS or CADD) are used, then all supporting documentation or
metadata must be included with the data submission along with the
Universal Transverse Mercator (UTM) projection and State Plan Coordinate
System in accordance with FEMA mapping specifications.
[E]
The revised floodplain boundaries shall tie into
the effective floodplain boundaries.
[F]
All cross sections from the Effective Model shall
be labeled in accordance with the effective map and a cross-section
lookup table shall be included to relate to the model input numbering
scheme.
[G]
Both the current and proposed floodways shall be
shown on the map.
[H]
The stream center line or profile baseline used
to measure stream distances in the model shall be visible on the map.
[4]
Expiration. All permits issued under the authority of this section
shall expire no more than 180 days after issuance. The permit may
be extended for a maximum of 180 days for good and sufficient cause.
If the permitted work has not started within 180 days of the permit
date, the development must comply with any regulation, including any
revision to the FIRM or FIS, that took effect after the permit date.
(c)
Certificate of compliance. No land shall be occupied or used,
and no building which is hereafter constructed, altered, added to,
modified, repaired, rebuilt or replaced shall be occupied, until a
certificate of compliance is issued by the Director, except where
no permit is required, subject to the following provisions:
[1]
The certificate of compliance shall show that the building or
premises or part thereof, and the proposed use, conform to the provisions
of this section.
[2]
Application for such certificate shall be concurrent with the
application for a permit.
[3]
If all ordinance provisions are met, the certificate of compliance
shall be issued within 10 days after written notification that the
permitted work is completed.
[4]
The applicant shall submit a certification signed by a registered professional engineer, architect or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that the requirements of § 275-65G(5) are met.
[5]
Where applicable pursuant to § 275-65E(1)(d), the applicant must submit a certification by a registered professional engineer or surveyor of the elevation of the bottom of the lowest horizontal structural member supporting the lowest floor (excluding pilings or columns), and an indication of whether the structure contains a basement.
[6]
Where applicable pursuant to § 275-65E(1)(d), the applicant must submit certification by a registered professional engineer or architect that the structural design and methods of construction meet accepted standards of practice as required by § 275-65E(1)(d).
(d)
Other permits. Prior to obtaining a floodplain development permit,
the applicant must secure all necessary permits from federal, state,
and local agencies, including those required by the United States
Army Corps of Engineers under Section 404 of the Federal Water Pollution
Control Act, Amendments of 1972, 33 U.S.C. § 1344.
(2)
Department of community development.
(a)
The Department of Community Development shall review and advise
the Plan Commission and the Common Council on all proposed amendments
to this section, maps and text.
(3)
Board of appeals. The Board of Appeals, created under § 62.23(7)(e),
Wis. Stats., is hereby authorized or shall be appointed to act for
the purposes of this section. The Board shall exercise the powers
conferred by Wisconsin Statutes and adopt rules for the conduct of
business. The Director shall not be the Secretary of the Board.
(a)
Powers and duties. The Board of Appeals shall:
[1]
Appeals: hear and decide appeals where it is alleged there is
an error in any order, requirement, decision or determination made
by the Department of Community Development in the enforcement or administration
of this section.
[2]
Boundary disputes: hear and decide disputes concerning the district
boundaries shown on the Official Floodplain Zoning Map.
[3]
Variances: hear and decide, upon appeal, variances from the
article standards.
(b)
Appeals to the Board.
[1]
Appeals to the Board may be taken by any person aggrieved or
by any officer or department of the municipality affected by any decision
of the Director. Such appeal shall be taken within 30 days, unless
otherwise provided by the rules of the Board, by filing with the official
whose decision is in question, and with the Board, a notice of appeal
specifying the reasons for the appeal. The official whose decision
is in question shall transmit to the Board all records regarding the
matter appealed.
[2]
Notice and hearing for appeals, including variances.
[a]
Notice. The Board shall:
[i]
Fix a reasonable time for the hearing;
[ii]
Publish adequate notice pursuant to Wisconsin
Statutes, specifying the date, time, place and subject of the hearing;
and
[iii]
Assure that notice shall be mailed to the parties
in interest and the Department's regional office at least 10
days in advance of the hearing.
[b]
Hearing. Any party may appear in person or by agent.
The Board shall:
[i]
Resolve boundary disputes according to § 275-65G(3)(c);
[ii]
Decide variance applications according to § 275-65G(3)(d); and
[iii]
Decide appeals of permit denials according to § 275-65G(4).
[3]
Decision. The final decision regarding the appeal or variance
application shall:
[a]
Be made within a reasonable time;
[b]
Be sent to the Department's regional office
within 10 days of the decision;
[c]
Be a written determination signed by the Chairman
or Secretary of the Board;
[d]
State the specific facts which are the basis for
the Board's decision;
[e]
Either affirm, reverse, vary or modify the order,
requirement, decision or determination appealed, in whole or in part,
dismiss the appeal for lack of jurisdiction, or grant or deny the
variance application; and
[f]
Include the reasons for granting an appeal, describing
the hardship demonstrated by the applicant in the case of a variance,
clearly stated in the recorded minutes of the Board proceedings.
(c)
Boundary disputes. The following procedure shall be used by
the Board in hearing disputes concerning floodplain district boundaries:
[1]
If a floodplain district boundary is established by approximate
or detailed floodplain studies, the flood elevations or profiles shall
prevail in locating the boundary;
[2]
The person contesting the boundary location shall be given a
reasonable opportunity to present arguments and technical evidence
to the Board; and
(d)
Variances.
[1]
The Board may, upon appeal, grant a variance from the standards
of this section if an applicant convincingly demonstrates that:
[a]
Literal enforcement of the section provisions will
cause unnecessary hardship;
[b]
The hardship is due to adoption of the Floodplain
Ordinance and unique property conditions not common to adjacent lots
or premises. In such case, the ordinance or map must be amended;
[c]
The variance is not contrary to the public interest;
and
[d]
The variance is consistent with the purposes of this section in § 275-65A(3).
[2]
In addition to the criteria in Subsection G(3)(d)[1] above, to qualify for a variance under FEMA regulations, the following criteria have been met:
[a]
The variance shall not cause any increase in the
regional flood elevation;
[b]
Variances can only be granted for lots that are
less than 1/2 acre and are contiguous to existing structures constructed
below the RFE;
[c]
The applicant has good and sufficient cause for
issuance of the variance;
[d]
Failure to grant the variance would result in exceptional
hardship;
[e]
Granting the variance will not result in additional
threats to public safety, extraordinary expense, create a nuisances,
cause fraud on or victimization of the public, or conflict with existing
local laws or ordinances;
[f]
The variance granted is the minimum necessary,
considering the flood hazard, to afford relief.
[3]
A variance shall not:
[a]
Grant, extend or increase any use prohibited in
the zoning district.
[b]
Be granted for a hardship based solely on an economic
gain or loss.
[c]
Be granted for a hardship which is self-created.
[d]
Damage the rights or property values of other persons
in the area.
[f]
Allow any alteration of an historic structure,
including its use, which would preclude its continued designation
as an historic structure.
[4]
When a floodplain variance is granted, the Board shall notify
the applicant in writing that it may increase risks to life and property
and flood insurance premiums could increase up to $25 per $100 of
coverage. A copy shall be maintained with the variance record.
(4)
Review of appeals of permit denials.
(a)
The Department of Community Development, § 275-65G(2), and the Board of Appeals shall review all data related to the appeal. This may include:
[1]
Permit application data listed in § 275-65G(1)(b).
[2]
Floodway/Floodfringe determination data in § 275-65E(1)(e).
[3]
Data listed in § 275-65C(3)(a)[2] where the applicant has not submitted this information to the Director.
[4]
Other data submitted with the application or submitted to the
Board with the appeal.
(c)
For appeals concerning increases in regional flood elevation,
the Board shall:
[1]
Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of § 275-65H; and
[2]
Grant the appeal where the Board agrees that the data properly
demonstrates that the project does not cause an increase, provided
no other reasons for denial exist.
(5)
Floodproofing standards.
(a)
No permit or variance shall be issued for a nonresidential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to or above the flood protection elevation and submits a FEMA floodproofing certificate. Floodproofing is not an alternative to the development standards in § 275-65B, C, D, or E(1).
(b)
For a structure designed to allow the entry of floodwaters,
no permit or variance shall be issued until the applicant submits
a plan either:
[1]
Certified by a registered professional engineer or architect;
or
[2]
That meets or exceeds the following standards:
[a]
A minimum of two openings having a total net area
of not less than one square inch for every square foot of enclosed
area subject to flooding shall be provided;
[b]
The bottom of all openings shall be no higher than
one foot above grade; and
[c]
Openings may be equipped with screens, louvers,
valves, or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
(c)
Floodproofing measures shall be designed, as appropriate, to:
[1]
Withstand flood pressures, depths, velocities, uplift and impact
forces and other regional flood factors;
[2]
Protect structures to the flood protection elevation;
[3]
Anchor structures to foundations to resist flotation and lateral
movement;
[4]
Minimize or eliminate infiltration of floodwaters; and
[5]
Minimize or eliminate discharges into floodwaters.
[6]
Placement of essential utilities to or above the flood protection
elevation; and
[7]
If any part of the foundation below the flood protection elevation
is enclosed, the following standards shall apply:
[a]
The enclosed area shall be designed by a registered
architect or engineer to allow for the efficient entry and exit of
flood waters without human intervention. A minimum of two openings
must be provided with a minimum net area of at least one square inch
for every one square foot of the enclosed area. The lowest part of
the opening can be no more than 12 inches above the adjacent grade;
[b]
The parts of the foundation located below the flood
protection elevation must be constructed of flood-resistant materials;
[c]
Mechanical and utility equipment must be elevated
or floodproofed to or above the flood protection elevation; and
[d]
The use must be limited to parking, building access
or limited storage.
H.
Amendments.
(1)
General.
(a)
Obstructions or increases may only be permitted if amendments are made to this section, the Official Floodplain Zoning Maps, floodway lines and water surface profiles, in accordance with Subsection H(1)(b) below.
[1]
In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a conditional letter of map revision from FEMA and amendments are made to this section, the Official Floodplain Zoning Maps, floodway lines and water surface profiles, in accordance with Subsection H(1)(b) below. Any such alterations must be reviewed and approved by FEMA and the DNR.
[2]
In A Zones, increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a conditional letter of map revision from FEMA and amendments are made to this section, the Official Floodplain Maps, floodway lines, and water surface profiles, in accordance with Subsection H(1)(b) below.
(b)
The Common Council shall change or supplement the Floodplain Zoning District boundaries and this section in the manner outlined in § 275-65H(2). Actions which require an amendment to the article and/or submittal of a letter of map change (LOMC) include, but are not limited to, the following:
[1]
Any fill or floodplain encroachment that obstructs flow causing
any increase in the regional flood height.
[2]
Any change to the floodplain boundaries and/or watercourse alterations
on the FIRM.
[3]
Any change to any other officially adopted Floodplain Maps listed in § 275-65A(5)(b)[2].
[4]
Any fill in the floodplain which raises the elevation of the
filled area to a height at or above the flood protection elevation
and is contiguous to land lying outside the floodplain.
[5]
Correction of discrepancies between the water surface profiles
and Floodplain Zoning Maps.
[6]
Any upgrade to a floodplain zoning ordinance text required by
§ NR 116.05, Wis. Adm. Code, or otherwise required by law,
or for changes by the municipality.
[7]
All channel relocations and changes to the maps to alter floodway
lines or to remove an area from the floodway or the floodfringe that
is based on a base flood elevation from a FIRM requires prior approval
by FEMA.
(2)
Procedures. Ordinance amendments may be made upon petition of any interested party according to the provisions of § 62.23, Wis. Stats. Such petitions shall include all necessary data required by § 275-65E(1)(e) and § 275-65G(1)(b). The land use permit shall not be issued until a letter of map revision is issued by FEMA for the proposed changes.
(a)
The proposed amendment shall be referred to the Department of
Community Development for a public hearing and recommendation to the
Common Council. The amendment and notice of public hearing shall be
submitted to the Department's regional office for review prior
to the hearing. The amendment procedure shall comply with the provisions
of § 62.23, Wis. Stats.
(b)
No amendments shall become effective until reviewed and approved
by the Department.
(c)
All persons petitioning for a map amendment that obstructs flow
causing any increase in the regional flood height shall obtain flooding
easements or other appropriate legal arrangements from all adversely
affected property owners and notify local units of government before
the amendment can be approved by the Common Council.
I.
Enforcement and penalties.
(1)
Any violation of the provisions of this section by any person shall
be unlawful and shall be referred to the City Attorney, who shall
expeditiously prosecute all such violators. A violator shall, upon
conviction, forfeit to the municipality a penalty of not less than
$10 and not more than $50 for each offense, together with the taxable
cost of such action. Each day that the violation exists shall constitute
a separate offense. Every violation of this section is a public nuisance,
and the creation may be enjoined and the maintenance may be abated
by action at suit of the municipality, the state, or any citizen thereof
pursuant to § 87.30, Wis. Stats.