[HISTORY: Adopted by the Town Board of the Town of Pacific 9-18-2012 by Ord. No.
2012-18. Amendments noted where applicable.]
[Amended 5-18-2021 by Ord. No. 2021-4]
The title of this chapter is "Stormwater Management." The purpose
of this chapter is to promote the public health, safety, prosperity
and general welfare of the citizens of the Town of Pacific and to
conserve the soil, water and related resources; to prevent and control
erosion and sedimentation; to prevent and control water pollution;
to protect spawning grounds, fish and aquatic life; to control building
sites, placement of structures and land uses; to control exceedance
of the safe capacity of existing drainage facilities and receiving
water bodies; to prevent undue channel erosion; to maintain groundwater
levels and in-turn base flows for streams and rivers; control scouring
and transportation of particulates and to prevent conditions that
endanger downstream property. This chapter repeals and replaces any
previously adopted Town ordinance as to those matters that are provided
for in this chapter.
The Town Board of the Town of Pacific has the general authority
under its town powers to adopt this chapter pursuant to §§ 60.10
and 61.34, Wis. Stats.
The Town finds that urbanizing land uses, including runoff from
construction sites, have accelerated the process of soil erosion,
runoff and sediment deposition in the waters of the Town and the state.
It is, therefore, declared to be the policy of this chapter to protect
water quality and provide for the control and, if possible, the prevention
of soil erosion, and thereby to preserve the natural resources, control
floods and prevent impairment of dams and reservoirs, protect the
tax base, and protect and promote the health, safety and general welfare
of the people of the Town.
This chapter applies to the use of lands within the political
boundaries of the Town.
A.Â
AGRICULTURAL LAND USE
AVERAGE ANNUAL RAINFALL
BEST MANAGEMENT PRACTICE or BMP
CONNECTED IMPERVIOUSNESS
CONSTRUCTION SITE
DESIGN STORM
DIVISION OF LAND
EFFECTIVE INFILTRATION AREA
EROSION (SOIL EROSION)
EROSION AND SEDIMENT CONTROL PLAN
EXCAVATION
EXISTING GRADE
FILL
FINAL STABILIZATION
GOVERNING BODY
GRADING
IMPERVIOUS SURFACE
INFILL AREA
INFILTRATION
INFILTRATION SYSTEM
KARST FEATURE
LAND-DISTURBING ACTIVITIES OR USES
LAND TREATMENT MEASURES
LAND USERS
LANDOWNER
MAXIMUM EXTENT PRACTICABLE or MEP
ORDINARY HIGH-WATER MARK
PARCEL
PEAK FLOW
PERFORMANCE STANDARD
PERMIT
PERSON
PERVIOUS SURFACE
POLLUTANT
POLLUTION
POST-CONSTRUCTION SITE
PREDEVELOPMENT CONDITION
PUBLIC LANDS
REDEVELOPMENT AREA
RESPONSIBLE PARTY
RUNOFF
SEDIMENT
SEDIMENTATION
SLAMM
SOIL LOSS
STOP-WORK ORDER
STORM FREQUENCY
STORM SEWER
STORMWATER DRAINAGE FACILITY
STORMWATER DRAINAGE SYSTEM
STORMWATER MANAGEMENT PLAN
STORMWATER MANAGEMENT SYSTEM PLAN
STORMWATER RUNOFF
STRUCTURAL MEASURES
TECHNICAL STANDARD
TOWN ENGINEER
TR-55
X-YEAR STORMS
X-YEAR STORM RUNOFFS
The following definitions are applicable to this chapter:
The use of land for planting, growing, cultivating and harvesting
of crops for human or livestock consumption and pasturing or yarding
of livestock.
A calendar year of precipitation, excluding snow, which is
considered typical.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the state.
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path, or
minimally pervious flow path.
[Amended 5-18-2021 by Ord. No. 2021-4]
An area upon which one or more land-disturbing construction
activities occur, including areas that are part of a larger common
plan of development or sale where multiple separate and distinct land-disturbing
construction activities may be taking place at different times on
different schedules but under one plan.
A hypothetical discrete rainstorm, characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency
and total depth rainfall. Typically, an MSE, twenty-four-hour NRCS
rainfall distribution occurrence probability of 100%, 50%, 10%, 4%
and 1% in any given year, ten-, twenty-five- or 100-year rainfall
events. Rainfall amounts for return frequencies are defined in Volume
8(f) NOAA Atlas 14 Precipitation-Frequency Atlas of the United States
(2013).
[Amended 5-18-2021 by Ord. No. 2021-4]
The meaning provided in Chapter 440, Land Division and Subdivision.
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
Any act by which organic matter, earth, sand, gravel, rock
or any other similar material is cut into, dug, quarried, uncovered,
removed, displaced, relocated or bulldozed, and shall include the
conditions resulting therefrom.
The vertical location of the existing ground surface prior
to excavation or filling.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported
or moved by human forces to a new location, and shall include the
conditions resulting therefrom.
Means that all land-disturbing construction activities at
the construction site have been completed and that a uniform perennial
vegetative cover has been established, with a density of at least
70% of the cover, for the unpaved areas and areas not covered by permanent
structures; or to employ equivalent permanent stabilization measures.
The Town of Pacific Plan Commission and Town Board.
Altering the elevation of the land surface by stripping,
excavating, filling or stockpiling of soil materials, or any combination
thereof, and shall include the land from which the material was taken
or upon which it was placed.
An area that releases as runoff all or a large portion of
the precipitation that falls on it, except for frozen soil. Rooftops,
sidewalks, driveways, parking lots and streets are examples of areas
that typically are impervious.
Undeveloped land, less than or equal to five acres in area,
that is surrounded by developed land.
[Added 5-18-2021 by Ord.
No. 2021-4]
The entry of precipitation or runoff into or through the
soil.
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices such as swales or roadside channels designed for conveyance
and pollutant removal only.
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
Any land alterations or disturbances which may result in
soil erosion, sedimentation and/or the increase in runoff, including
but not limited to tilling, removal of ground cover, grading, excavating
and filling of land, except that the term shall not include such minor
land-disturbing activities as home gardens and repair and maintenance
of driveways. Additionally, this term does not include agricultural
land uses if such are regulated at the federal, state or county level.
Are structural or vegetative practices (including fencing),
or combinations of both, used to control erosion, sediment and water
runoff.
Persons who use land, individually or collectively, as owners,
operators, lessors, renters, occupiers who are providing a service
that requires access or alterations of the land in order to perform
the service, or by other arrangement which gives them the responsibility
of private or public land use.
Any person holding title to or having any interest in land.
A level of implementing best management practices to the
highest level of performance that is achievable, but is not equivalent
to the performance standards set forth in this chapter, taking into
account the best available technology, cost-effectiveness and other
competing issues such as human safety and welfare, endangered and
threatened resources, historic properties and geographic features.
[Amended 5-18-2021 by Ord. No. 2021-4]
The meaning given in § NR 115.03(6), Wis. Adm.
Code.
All contiguous lands under the ownership or control of a
landowner or land user.
The maximum rate of flow of water at a given point in a channel,
watercourse or conduit resulting from a predetermined storm or flood.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
The signed, written statement issued under this chapter authorizing
the applicant to engage in general land-disturbing uses specified
and for a specified period of time.
Any individual, corporation, limited liability company, partnership,
joint venture, agency, unincorporated association, municipal corporation,
county or state agency within Wisconsin, the federal government, and
other legally recognized entity, or any combination thereof.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological
materials, radioactive substance, heat, wrecked or discarded equipment,
rock, sand, cellar dirt and industrial, municipal and agricultural
waste discharged into water.
Includes contaminating or rendering unclean or impure the
waters of the state or making the same injurious to public health,
harmful for commercial or recreational use, or deleterious to fish,
bird, animal or plant life.
A construction site following the completion of land-disturbing
construction activity and final site stabilization.
The extent and distribution of land cover types present before
the initiation of land-disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
All lands which are subject to regulation by the Town, including,
but not limited to:
Where impervious surfaces (buildings, parking lots and roads)
already exist on a particular lot or parcel.
[Added 5-18-2021 by Ord.
No. 2021-4]
Any person performing services to meet the performance standards
of this chapter through a contract or other agreement.
The portion of rainfall, melted snow or irrigation water
that flows across the ground surface and eventually is returned to
lakes or streams, creeks or other watercourses.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water, gravity or ice, and has come to rest on the earth's surface
at a different site.
The transportation and deposition of sediment that may ultimately
degrade water quality by the presence of suspended solid particles,
derived from soils by erosion or discharged into surface waters from
other sources; or the deposition of waterborne sediments in stream
channels, lakes, reservoirs or on floodplains, usually because of
a decrease in the velocity of the water.
Stands for "Source Loading and Management Model," as developed
by the Department of Engineering Professional Development, University
of Wisconsin, Madison. SLAMM is a computer model used to evaluate
the benefits of alternative stormwater treatment practices for both
runoff quality and quantity in existing and developing areas.
Soil movement from a given site because of land-disturbing
activities or by the forces of erosion and redeposited at another
site on land or in a body of water.
A means of giving notice that the Town Engineer believes
that any landowner, land user and/or responsible party has violated
one or more provisions of this chapter or that a land-disturbing activity
is occurring without a control plan being approved and a permit being
issued. Notice is given both by posting upon the lands where the land-disturbing
activity occurs one or more copies of a written notice stating the
violation and by mailing a copy of the notice by certified mail to
landowner, land user, and/or responsible party at the appropriate
address shown on the permit.
The likelihood that a particular rainfall event of a given
duration and intensity will occur in any given year.
[Amended 5-18-2021 by Ord. No. 2021-4]
A closed conduit for conducting collected stormwater.
Any element in a stormwater drainage system which is made
or improved by human activity.
All facilities used for conducting stormwater to, through
or from a drainage area to the point of final outlet, including but
not limited to any of the following: conduits and appurtenant features,
canals, channels, ditches, streams, culverts, streets and pumping
stations.
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has undergone final stabilization
following completion of the construction activity.
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
The waters derived from rains falling within a tributary
drainage basin, flowing over the ground surface or collected in a
water drainage system.
Works of improvement for land stabilization to prevent erosion,
sediment or runoff, which include, but are not limited to, gully control
structures, fencing, grass waterways, riprap, detention basins, sediment
basins, flood retention dams, diversions, lining channels with rock,
concrete or other materials. Contour strip cropping is not a structural
measure.
A document that specifies design, predicted performance,
and operation and maintenance specifications for a material, device
or method.
The professional engineer designated by the Town Board or
Town Plan Commission to administer this chapter, and includes any
other persons who are supervised by the Engineer.
The United States Department of Agriculture, Natural Resources
Conservation Service (previously Soil Conservation Service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986.
Those rainstorms of varying durations and intensities that
have a calculated l/x chance of happening each year. On average, the
storms are expected to recur one time in a given "x" year time period.
The stormwater runoffs from the x-year storms.
B.Â
Interpretation. Words used in the present tense include the future;
the singular number includes the plural number, and the plural number
includes the singular number. The word "shall" is mandatory and not
directory.
A.Â
General requirement. Any landowner, land user, and/or responsible
party who undertakes, begins, commences or performs land-disturbing
activities, or who permits another person to do the same, on land
subject to this chapter shall be subject to the provisions of this
chapter.
B.Â
Activities subject to stormwater management. Activities on public
or private lands shall be subject to this chapter if:
[Amended 5-18-2021 by Ord. No. 2021-4]
(1)Â
The site has 43,560 square feet (one acre) or more of land-disturbing
activity; or
(2)Â
The site is a new development or infill area of multifamily, commercial,
industrial, recreational or institutional development with total planned
impervious area in excess of 4,000 square feet; or
(3)Â
The site is a redevelopment of multifamily commercial, industrial,
recreational or institutional development with total additional planned
impervious area of 4,000 square feet or more; or
(4)Â
The site is part of a land division, including condominium development
with any of the newly divided lots encompassing less than 20 acres;
or
(5)Â
There is a modification of an existing stormwater management facility,
as defined by: any additional runoff contribution to the existing
facility, any modification of the outlet structure other than maintenance/repair,
any modification of pond volume greater than 5% of the total plan
volume, any changed downstream drainage condition as identified by
the Town; or
(6)Â
The site contributes additional concentrated runoff to a public area,
adjoining property, or other area/facility that does not have receiving
runoff conveyance facilities or stormwater management controls; or
(7)Â
The site is unable to drain to a recognized public water of the state,
wetland, drainage ditch, public or private road ditch, public or private
storm sewer; or
(8)Â
In the opinion of the Town Engineer, the runoff from the land-disturbing
activity will create a hazard by exceeding the safe capacity of the
receiving water body in the area, or will cause undue channel erosion
or an undue increase in water pollution by increased scour and transport
of particles, or will otherwise endanger the downstream property owners
of their property. "Safe capacity" is defined as the rate of flow
that can be handled without flooding.
C.Â
Compliance with this section. The landowner, land user, and/or responsible party shall comply with this section by following the procedure of § 467-10 and receiving from the Town Engineer written approval of the control plan and a permit before commencement of any land-disturbing activities on lands subject to control under this section.
Any landowner, land user, and/or responsible party who permits excessive erosion of his/her land and sedimentation on adjacent land, public streets or bodies of water from land not otherwise subject to this chapter shall be deemed in violation of this chapter and subject to the penalties provided in § 467-14. Erosion is excessive if sedimentation of adjacent land, waterways, lakes and streams occurs or if the public health, safety or general welfare of the citizens of the Town is harmed. This section applies equally to any landowner, land user and/or responsible party who allows erosion of adjacent land due to uncontrolled runoff emanating from his/her land.
A.Â
Effect of compliance. Compliance with the standards and criteria
of this section shall not bar a nuisance action or other civil action
brought by any injured public or private party for damage to property
upon which the erosion directly occurred or to property or other rights
which were damaged by erosion, sedimentation or runoff.
C.Â
Standards for post-construction on-site detention and runoff control.
The following methods shall be used in designing the water quality,
peak flow shaving and infiltration components of stormwater practices
needed to meet the water quality standards of this chapter:
(1)Â
Technical standards identified, developed or disseminated by the
Wisconsin Department of Natural Resources under subch. V of Ch. NR
151, Wis. Adm. Code.
(2)Â
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 Town
Engineer.
(3)Â
In this chapter, the following year and location has been selected
as average annual rainfall(s): Madison, 1981 (March 12 to December
2).
D.Â
Protective areas. For information regarding protective areas, please refer to Chapter 429, Erosion Control.
E.Â
Performance standards - sediment control.
(1)Â
BMPs shall be designed, installed and maintained to control total
suspended solids carried in runoff from the post-construction site,
as follows:
(a)Â
For all new development, by design, reduce the total suspended
solids load by 80%, based on average annual rainfall, as compared
to no runoff management control.
(b)Â
For all redevelopment sites, by design, reduce the total suspended
solids load by 40%, based on average annual rainfall, as compared
to no runoff management control.
(c)Â
Notwithstanding Subsection E(1)(a) and (b), if the design cannot achieve the applicable total suspended solids reduction specified, the stormwater management plan shall include a written and site-specific explanation why that level of reduction is not attained, and the total suspended solids load shall be reduced to the maximum extent practicable. Pollutant loading models such as SLAMM, P8 or equivalent methodology may be used to evaluate the efficiency of the design in reducing total suspended solids.
F.Â
Performance standards - peak discharge.
(1)Â
By design, BMPs shall be employed to maintain or reduce the peak
runoff discharge rates as compared to predevelopment conditions for
the 100-year, twenty-four-hour design storms applicable to the post-construction
site. Predevelopment conditions shall assume "good hydrologic conditions"
for appropriate land covers as identified in TR-55 or an equivalent
methodology. The meaning of "hydrologic soil group" and "runoff curve
number" are as determined in TR-55. However, when predevelopment land
cover is cropland, rather than using TR-55 values for cropland, the
runoff curve numbers in Table 1 shall be used.
[Amended 5-18-2021 by Ord. No. 2021-4]
(2)Â
For post-development conditions, the hydrologic soil group shall
be downgraded by one letter to account for soil compaction during
construction.
Table 1 - Maximum Predevelopment Runoff Curve Numbers
for Cropland Areas
(Pursuant to § NR 151.123, Wis. Adm. Code)
| ||||
---|---|---|---|---|
Hydrologic Soil Group
|
A
|
B
|
C
|
D
|
Runoff Curve Number
|
55
|
69
|
78
|
83
|
G.Â
Performance standards - infiltration. BMPs shall be designed, installed and maintained to infiltrate runoff in accordance with the following, except as provided in Subsection G(2)(d) and (e).
(1)Â
For residential developments one of the following shall be met:
(a)Â
Infiltrate sufficient runoff volume so that the post-development
infiltration volume shall be at least 90% of the predevelopment infiltration
volume, based on an average annual rainfall. However, when designing
appropriate infiltration systems to meet this requirement, no more
than 1% of the project site is required as an effective infiltration
area.
(b)Â
Infiltrate 25% of the post-development runoff from the two-year,
twenty-four-hour design, 50% probability storm with an MSE-4 distribution.
Separate curves for pervious and impervious surface shall be used
to calculate runoff volumes and not composite curve numbers as defined
in TR-55. However, when designing appropriate infiltration systems
to meet this requirement, no more than 1% of the project site is required
as an effective infiltration area.
[Amended 5-18-2021 by Ord. No. 2021-4]
(2)Â
For nonresidential development, including commercial, industrial
and institutional development, one of the following shall be met:
(a)Â
Infiltrate sufficient runoff volume so that the post-development
infiltration volume shall be at least 60% of the predevelopment infiltration
volume, based on an average annual rainfall. However, when designing
appropriate infiltration systems to meet this requirement, no more
than 2% of the project site is required as an effective infiltration
area.
(b)Â
Infiltrate 10% of the runoff from the two-year, twenty-four-hour
design storm with an MSE-4 distribution. Separate curve numbers for
pervious and impervious surface shall be used to calculate runoff
volumes and not composite curve numbers as defined in TR-55. However,
when designing appropriate infiltration systems to meet this requirement,
no more than 2% of the project site is required as an effective infiltration
area.
[Amended 5-18-2021 by Ord. No. 2021-4]
(c)Â
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 the standards in this chapter.
Pretreatment options may include, but are not limited to, oil/grease
separation, sedimentation, biofiltration, filtration, swales or filter
strips.
[1]Â
To achieve the infiltration requirement for the parking lots
or roads, "maximum extent practicable" should not be interpreted to
require significant topography changes that create an excessive financial
burden.
[2]Â
To minimize potential groundwater impacts, it is desirable to
infiltrate the cleanest runoff. To achieve this, a design may propose
greater infiltration of runoff from low-pollutant sources such as
roofs and less from higher-pollutant-source areas such as parking
lots.
(d)Â
The runoff from the following areas is prohibited from infiltrating
due to the potential for groundwater contamination:
[1]Â
Areas associated with Tier 1 industrial facilities identified
in § NR 216.21(2)(a), Wis. Adm. Code, including storage,
loading, rooftop and parking.
[2]Â
Storage and loading areas of Tier 2 industrial facilities identified
in § NR 216.21(2)(b), Wis. Adm. Code. Runoff from Tier 2
parking and rooftop areas may be infiltrated but may require pretreatment.
[3]Â
Fueling and vehicle maintenance areas.
[4]Â
Areas within 1,000 feet upgradient or within 100 feet downgradient
of karst features.
[5]Â
Areas with less than three-foot separation distance from the
bottom of the infiltration system to the elevation of seasonal high
groundwater or the top of bedrock, except this section does not prohibit
infiltration of roof runoff.
[6]Â
Areas with runoff from industrial, commercial and institutional
parking lots and roads and residential arterial roads with less than
five-foot separation distance from the bottom of the infiltration
system to the elevation of seasonal high groundwater or the top of
bedrock.
[7]Â
Areas within 400 feet of a community water system well as specified
in § NR 811.16(4), Wis. Adm. Code, or within 100 feet of
a private well as specified in § NR 812.08(4), Wis. Adm.
Code, for runoff infiltrated from commercial, industrial and institutional
land uses or regional devices for residential development.
[8]Â
Areas where contaminants of concern, as defined in § NR
720.03(2), Wis. Adm. Code, are present in the soil through which infiltration
will occur.
[9]Â
Any area where the soil does not exhibit one of the following
soil characteristics between the bottom of the infiltration system
and the seasonal high groundwater and top of bedrock: at least a three-foot
soil layer with 20% fines or greater; or at least a five-foot soil
layer with 10% fines or greater. This does not apply where the soil
medium within the infiltration system provides an equivalent level
of protection.
(e)Â
The following are not required to meet the requirements of § 467-9G:
[1]Â
Areas where the infiltration rate of the soil is less than 0.6
inches/hour measured at the site.
[2]Â
Parking areas and access roads less than 5,000 square feet for
commercial and industrial development.
[3]Â
Redevelopment post-construction sites.
[4]Â
Roads in commercial, industrial and institutional land uses
and arterial residential roads.
(f)Â
Where alternate uses of runoff are employed, such as for toilet
flushing, laundry or irrigation, such alternate use shall be given
equal credit toward the infiltration volume required by this paragraph.
(g)Â
Minimize pollutants.
[1]Â
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 preventive action limit at a point of standards
application in accordance with Ch. NR 140, Wis. Adm. Code. However,
if site-specific information indicates that compliance with a preventive
action limit is not achievable, the infiltration BMP may not be installed
or shall be modified to prevent infiltration to the maximum extent
practicable.
[2]Â
Notwithstanding Subsection G(2)(g)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standard's application.
H.Â
Design criteria, engineering standards and general principles. The
applicant for a permit may employ any structural or nonstructural
measures believed to be necessary to achieve all applicable standards
set out in this chapter. However, the Town Engineer is required to
evaluate these measures to determine that they follow currently accepted
design criteria and engineering standards. The following general principles
shall be used by the Town Engineer when evaluating control plans and
granting permits under this chapter:
[Amended 1-17-2017 by Ord. No. 2017-5]
A.Â
Permit required; procedure and fee.
(1)Â
Unless specifically exempted from this chapter, no landowner, land
user, and/or responsible party may undertake a land-disturbing activity
subject to this chapter without receiving a permit from the Town Engineer
prior to commencing the proposed activity. Each landowner, land user,
and/or responsible party desiring to undertake a regulated activity
subject to this chapter shall submit to the Town Engineer an application
for a permit together with the appropriate fee required by this chapter.
(2)Â
This permit can act concurrently with the Town of Pacific erosion
control permit or as a separate permit. In the event it is concurrent
with an erosion control permit, it shall be entitled as a "stormwater
management and erosion control permit."
B.Â
Reimbursable services agreement required and escrow. Unless specifically
exempted by this chapter, at the time of application every applicant
shall be required to sign a reimbursable services agreement or predevelopment
agreement supplied by the Town. The agreement shall provide that permits
may be withdrawn if fees and charges owed to the Town are not timely
paid and shall provide that the Town may collect delinquent fees as
a special charge under § 66.0627, Wis. Stats., or through
any other means provided by law. Once the completed application has
been submitted, the Town Engineer shall prepare an estimate of the
Town's review and inspection fees relating to that proposed stormwater
management project. The applicant shall then be advised of the amount
of that estimate and an amount equal to 120% of the estimated review
and inspection fees shall then be deposited in an escrow account to
be used toward payment of the Town's review fees. If the amount held
in that escrow account falls below 25% of that estimate, the Town
Engineer may require that the escrow account be replenished to cover
the Town Engineer's estimate of the remaining review and inspection
fees.
C.Â
Control plan required.
(1)Â
Unless specifically exempted by this chapter, every applicant for
a permit under this chapter shall develop and shall submit a written
plan, with supporting documentation, to control stormwater runoff
which would result from the proposed activity ("control plan"), which
shall be reviewed and approved or disapproved by the Town Board or
its designee prior to issuance of the permit.
(2)Â
The applicant, when applicable, shall also develop and submit a plan to control erosion and sedimentation as required in Chapter 429, Erosion Control, of the Code of the Town of Pacific.
(3)Â
The landowner, land user, and/or responsible party shall implement
the post-construction stormwater management plan as approved by the
Town Engineer.
D.Â
Contents of the stormwater management plan. The control plan shall
contain such information which the Town Engineer may reasonably need
to determine runoff control. The Town Engineer may require the following,
as well as any other information which, in the judgment of the Engineer,
is needed to evaluate the control plan:
(1)Â
For information regarding reporting of sediment reduction, please refer to § 467-9E of this chapter.
(2)Â
For information regarding contents of the control plan, please refer to Chapter 429, Erosion Control, of the Code of the Town of Pacific.
(3)Â
Plans and hydraulic computations of all temporary or permanent structural
or nonstructural measures or other protective devices to be constructed
in connection with, or as part of, the proposed work, showing:
(a)Â
Estimated surface runoff of the area based upon one-, two-,
ten-, twenty-five- and 100-year frequency storm events. Peak flows
based upon synthetic storm frequency events calculated using Urban
Hydrology for Small Watersheds - TR55 shall be required in the event
that storm runoff or stream flow data is not available in the area.
[Amended 5-18-2021 by Ord. No. 2021-4]
(b)Â
Estimated rate of discharge in cubic feet per second at the
point or points of discharge from the site location based upon one-,
two-, ten-, twenty-five- and 100-year frequency storm events.
[Amended 5-18-2021 by Ord. No. 2021-4]
(c)Â
The storm event frequency or recurrence interval and discharge
rate in cubic feet per second on which the design of plans for the
site location is based.
(d)Â
Proposed provisions to carry runoff to the nearest adequate
outlet, such as a curbed street, storm drain or natural drainageway.
(e)Â
Design computations and applicable assumptions for all structural
measures for water management. Volume and velocity of flow shall be
given for all surface water conveyance measures and pipe outfalls.
Surface runoff computations shall be submitted to the Town Engineer
in accordance with current administrative guidelines as approved by
the Town Plan Commission.
(f)Â
Estimate of cost of water management structures and features.
(g)Â
Provisions for maintenance of control facilities, including
easements and agreements, to ensure short- as well as long-term stormwater
management.
E.Â
Review of application and control plan and issuance of permits.
(1)Â
Prior to submitting the application, the applicant is to obtain the
information on the permit requirements from the Town and shall discuss
the site plan, site conditions and permit requirements with the Town
Engineer. The applicant is to submit a completed permit application
and any required application fee and control plan to the Town Clerk.
One comprehensive electronic copy of the full submittal, in PDF format,
is to be submitted, along with four comprehensive copies in printed
form, identical in all respects to the electronic copy. The Town Clerk
shall forward the control plan to the Town Engineer for review.
(2)Â
The Town Engineer shall review the control plan and provide a report to the Plan Commission. If additional information is required by the Town Engineer in order to evaluate the application, the Town Engineer shall so notify the applicant, who shall promptly submit the required information. Further review and approval or disapproval shall occur as specified in § 429-15 of this chapter, with applicable time limits determined from the date of receipt of the additional information.
(3)Â
The Plan Commission shall then review the application and the report
from the Town Engineer and shall forward its recommendation to the
Town Board.
(4)Â
If approved by the Town Board, the Town Engineer shall issue a letter
permit to the applicant ("permitee"). Upon issuance of this permit,
applicant still remains responsible for all other permits required
by the Town. Further, any/all federal, state or other regulatory agency
approvals shall be documented prior to release of the final permit
letter. The permit letter shall be withheld if any shortfall of the
applicant's escrow would occur within the permit duration.
[Amended 5-18-2021 by Ord. No. 2021-4]
F.Â
Permit; conditions. All permits issued under this chapter shall be
issued subject to the following conditions and requirements, and any
landowner, land user, and/or responsible party who begins to perform
any land-disturbing activity authorized by permit shall be deemed
to have accepted all of these conditions:
(1)Â
All land disturbances, construction and development will be done
pursuant to the control plan as approved by the Town Engineer.
(2)Â
The permittee shall give at least two working days' notice to the
Town Engineer in advance of the start of any land-disturbing activity.
(3)Â
The permittee shall file a notice of completion of all land-disturbing
activities and/or the completion of installation of all on-site detention
facilities within 10 days after completion.
(4)Â
Approval in writing must be obtained from the Town Engineer prior
to any modifications to the approved control plan.
(5)Â
The permittee will be responsible for maintaining all roads, road
rights-of-way, streets, runoff and drainage facilities and drainageways
as specified in the approved plan until they are accepted and dedicated
to a governmental entity.
(6)Â
The permittee will be responsible for repairing any damage at his
or her expense to all adjoining surfaces and drainageways caused by
runoff and/or sedimentation resulting from activities which are not
in compliance with the approved plan.
(7)Â
The permittee must provide and install at his or her expense all
drainage, runoff control and erosion control improvements required
by Town ordinance and the approved control plan and also must bear
his or her proportionate share of the total cost of off-site improvements
to drainageways based upon the existing developed drainage area or
planned development of the drainage area, as determined by the Town
Engineer.
(8)Â
No work will be done on the site during any period of time that the
average hourly wind velocity at the location of the land-disturbing
activity exceeds 20 miles per hour, unless provision has been made
to eliminate dust or blowing dirt.
(9)Â
No portion of the land which undergoes the land-disturbing activity
will be allowed to remain uncovered for greater than two weeks after
notice is given to the Town Engineer that the land-disturbing activity
is completed.
(10)Â
The permittee shall permit the Town Engineer to enter onto the
land regulated under this chapter for the purpose of inspecting for
compliance with the approved control plan and permit.
(11)Â
The permittee authorizes the Town Engineer to perform any work
or operations necessary to bring the condition of the lands into conformity
with the approved control plan, or plan as modified by the Town Engineer,
and further consents to the Town placing the total of the costs and
expenses of such work and operations upon the tax roll as a special
tax against the property.
(12)Â
Upon recommendation of the Town Engineer and after approval
of the Town Board, the permittee may be requested to provide as-built
documentation that the required improvements were built to compliance
with the approved plans. Such as-built plans shall be sealed by a
registered land surveyor or registered professional engineer.
G.Â
Permit duration. Permits issued under this chapter shall be valid
for a period of six months from the date of issuance by the Town Engineer,
and all work must be completed prior to the expiration date of the
permit. The Town Engineer or Town Board may extend the expiration
date of the permit if the Engineer finds that an extension will not
cause an increase in erosion, sedimentation or runoff. The Town Engineer
is further authorized to require a modification of the plans if necessary
to prevent any increase in sedimentation, erosion or runoff resulting
from any extension.
[Amended 5-18-2021 by Ord. No. 2021-4]
H.Â
Fees for engineering review and enforcement.
(1)Â
Any person who submits an application for approval of a stormwater
management plan or issuance of a permit required by this chapter shall
pay a filing fee in the amount established by the Town Board by resolution
and, in addition, shall pay the Town's actual cost for engineering
work by the Town Engineer incurred by the Town in connection with
review of the erosion control plan, including any inspections and
as-built surveys required to assure compliance with the plan. The
fee shall be paid prior to issuance of the permit if the engineering
review fees have been billed by that time. If billed to the Town after
issuance of the permit, the fee shall be paid within 30 days of its
receipt by the permittee. Failure to pay such fee within 30 days shall
be grounds for revocation of the permit and issuance of a stop-work
order. The Town may collect the unpaid fees by imposing a special
charge upon the next tax roll of the parcel or parcels of real estate
proposed to be or actually disturbed pursuant to § 66.0627,
Wis. Stats., or through any other means provided by law.
(2)Â
If the Town Engineer is required to undertake any enforcement action
under this chapter, all fees charged to the Town by the Engineer and/or
the Town Attorney shall be collected by the Town from the landowner,
land user, and/or responsible party violating this chapter, unless
a court of record expressly dismisses an action to enforce this chapter
or finds that the Engineer's actions lacked a reasonable basis under
this chapter. If any fees are not paid within 30 days of billing,
the Town may collect the fees by imposing a special charge upon the
next tax roll against the real estate parcel or parcels proposed to
be or actually disturbed pursuant to § 66.0627, Wis. Stats.,
or through any means provided by law.
(3)Â
The Town Engineer and/or Clerk shall have the discretion in connection with any significant land-disturbing activity to require that the applicant, prior to issuance of a permit, make an escrow deposit or, in lieu thereof, to furnish a performance bond in an amount equal to 120% of the estimated cost of all of the required control measures as determined by the Town Engineer, including the cost of inspections and related costs. In the sole discretion of the Town Engineer and/or Clerk, the applicant may also assure payment for the measures by filing an irrevocable letter of credit in favor of the Town, issued in the same amount for a sufficient duration to assure completion of the measures and in a form and drawn upon a national or state-chartered financial institution acceptable to the Town Engineer, Clerk and/or Town Attorney. The security deposited shall guarantee that all required control measures will be taken or installed according to the approved plan. The security shall remain in full force for the entire period of the permit unless released earlier by the Town. The Town shall have the right to draw upon the security for the purpose of obtaining compliance with the approved plan as it deems necessary. If the approved plan is included as part of plat or certified survey map conditions of approval, then the overall security for performance of the approved plan may be included as part of the overall security required for installation of improvements under Chapter 440, Land Division and Subdivision, of the Code of the Town of Pacific.
Land-disturbing activities commenced after the effective date
of this chapter shall comply with all provisions of this chapter.
The builder shall be responsible for the cost of as-built survey,
plan generation and Town review pursuant to this chapter and recommendations
of the Town Engineer. The survey shall be conducted by an independent
registered land surveyor (RLS) or registered professional engineer
(RPE) and shall be subject to approval by the Town Engineer.
A.Â
As-built record drawings. Subsequent to construction, the entire
infrastructure improvements shall be surveyed and a map (or series
of maps) shall be generated to create a record plan set for the project.
If a project is under phased construction, each individual phase shall
be as-built immediately subsequent to its respective construction
completion. The following information shall be delivered through this
process:
(1)Â
Roadside ditch grades (bottom of ditch, top of bank at ROW, top of
bank beyond ROW, toe of slope); if no ditch exists, longitudinal slope
shall be provided.
(2)Â
Culverts (inverts on each end; verify size and type).
(3)Â
Pipes (inlet inverts, manhole inverts, manhole rims, outlet inverts;
verify size, type and grade).
(4)Â
Permanent erosion control facilities pursuant to requirements by
the Town Engineer.
(5)Â
Stormwater management facilities pursuant to requirements by the
Town Engineer.
(6)Â
Outlots and easements pursuant to requirements by the Town Engineer.
(7)Â
Stockpiles, retaining walls and other special features/structures
pursuant to requirements by the Town Engineer.
(8)Â
The Town Engineer shall approve the density of topographic survey
data obtained for all features to be verified for as-built map generation
purposes.
For information regarding administration, please refer to Chapter 429, Erosion Control, of the Code of the Town of Pacific.
For information regarding violations, please refer to Chapter 429, Erosion Control, of the Code of the Town of Pacific.
A.Â
Authority. The Town Board shall:
(1)Â
Hear and decide appeals where it is alleged that there is error in
any order, requirement, decision or determination made by the Town
Engineer in administering this chapter.
(2)Â
Authorize upon appeal in specific cases such variances from the terms
of this chapter as will not be contrary to the public interest, where
owing to special conditions a literal enforcement of the provisions
of this chapter would result in unnecessary hardship or it is demonstrated
that the provision is unnecessary, so that the spirit of this chapter
shall be observed, public safety and welfare secured, and substantial
justice done. Variances shall not be granted solely on the basis of
economic hardships.
B.Â
Procedure. Appeal or variance requests must be submitted in writing
and state the grounds for the appeal or variance. A filing fee in
an amount established by the Town Board by resolution must accompany
the appeal or variance request. Any appeal must be filed within 45
days of the order, decision, determination or inaction being appealed.
The appeal or request for variance shall be heard by the Town Board
within 45 days of receipt unless extension is agreed upon by all parties.
C.Â
Who may appeal. Appeals may be taken by any person aggrieved or by
an officer, department, board or bureau of the Town affected by the
order, requirement, decision or determination made by the Town Engineer.
For the purpose of this chapter, "aggrieved person" shall include
any applicant, permittee, landowners, land users, and/or responsible
party.
D.Â
Administrative review. Pursuant to § 68.16, Wis. Stats.,
the Town Board elects that the procedures set forth in this section
for administrative review of decisions under this chapter shall apply
in lieu of the procedures of the Wisconsin Municipal Administrative
Procedure Act, except for §§ 68.14 and 68.15, Wis.
Stats.
E.Â
Enforcement not stayed. The filing of an appeal or variance does
not preclude the Town from commencing or continuing any of the enforcement
actions set forth herein or a forfeiture proceeding unless the Town
Board specifically agrees to stay such enforcement.