[Adopted as § 4.2 of the 2000 Code]
This article is adopted by the Village Board under the authority granted by §§ 61.35 and 61.354, Wis. Stats. This article supersedes all conflicting and contradictory stormwater management regulations previously enacted.
The provisions of this article are deemed not to limit any other lawful regulatory powers of the same governing body.
The Village Board hereby designates the administering authority to administer and enforce the provisions of this article.
The requirements of this article do not preempt more stringent stormwater management requirements that may be imposed by WPDES stormwater permits issued by the Department of Natural Resources under § 283.33, Wis. Stats.
The Village Board finds that uncontrolled stormwater runoff from land development activity has a significant impact upon water resources and the health, safety, general welfare of the community and diminishes the public enjoyment and use of natural resources. Specifically, uncontrolled stormwater runoff can:
Degrade physical stream habitat by increasing stream bank erosion, increasing stream bed scour, diminishing groundwater recharge, and diminishing stream base flows;
Diminish the capacity of lakes and streams to support fish, aquatic life, recreational, and water supply uses by increasing loadings of nutrients and other urban pollutants;
Alter wetland communities by changing wetland hydrology and by increasing pollutant loads;
Reduce the quality of groundwater by increasing pollutant loading;
Threaten public health, safety, property, and general welfare by overtaxing storm sewers, drainageways, and other minor drainage facilities;
Threaten public health, safety, property, and general welfare by increasing major flood peaks and volumes;
Undermine floodplain management efforts by increasing the incidence and levels of flooding.
Purpose. The general purpose of this article is to set forth stormwater requirements and criteria which will diminish the threats to public health, safety, welfare, and the aquatic environment due to runoff of stormwater from land development activity. Specific purposes are to:
Further the maintenance of safe and healthful conditions;
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 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; prevent conditions that endanger downstream property;
Control building sites, placement of structures, and land uses, and promote sound economic growth.
Intent. It is the intent of the Village Board that this article manage the long-term, postconstruction stormwater discharges from land development activities. The Village Board recognizes that the preferred method of addressing stormwater management problems and needs is through the preparation of comprehensive stormwater management system plans for sub-watershed areas which are designed to meet the purpose and intent of this article. Where such system plans have been developed and approved by the Village Board, it is the intent that all land development activities will include stormwater management measures that meet performance standards set forth in those approved plans. Where such stormwater management system plans have not been developed or approved by the Village Board, it is the intent of the Village Board that the generic stormwater management standards set forth in § 150-7A and B of this article be applied unless otherwise excepted by the administering authority.
As used in this article, the following terms shall have the meanings indicated:
- ADMINISTERING AUTHORITY
- The governmental employee, or a regional planning commission empowered under § 61.35, Wis. Stats., designated by the Village Board to administer this article.
- AGRICULTURAL ACTIVITY
- The planting, growing, cultivating, and harvesting of crops; growing and tending of gardens, and trees; harvesting of trees.
- BUSINESS DAY
- A day on which both the offices of the administering authority of the permit holder are routinely and customarily open for business.
- CEASE-AND-DESIST ORDER
- A court-issued order to halt land developing activity that is being conducted without the required permit.
- COMMON PLAN OF DEVELOPMENT OR SALE
- All lands included within the boundary of a certified survey or subdivision plat created for the purpose of development or sale of property where multiple separate and distinct land developing activity may take place at different times and on different schedules.
- DESIGN STORM
- A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total rainfall depth.
- DISCHARGE VOLUME
- The quantity of runoff discharged from the land surface as the result of a rainfall event.
- DIVISION OF LAND
- The creation from one parcel of five or more parcels or building sites of five or fewer acres each in area where such creation occurs at one time or through the successive partition within a five-year period.
- FEE IN LIEU
- A payment of money to the Village Board in place of meeting all or part of the stormwater performance standards required by the article.
- FINANCIAL GUARANTEE
- A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the administering authority by the permit holder to assure that requirements of the this article are carried out in compliance with the stormwater management plan.
- GOVERNING BODY
- Village Board.
- GROSS AGGREGATE AREA
- The total area, in acres, of all land located within the property boundary containing the land development activity.
- GROUNDWATER ENFORCEMENT STANDARD
- A numerical value expressing the concentration of a substance in groundwater which is adopted under § 160.07, Wis. Stats., and Wis. Adm. Code § NR 140.10, or § 160.09, Wis. Stats., and Wis. Adm. Code § NR 140.12.
- GROUNDWATER PREVENTIVE ACTION LIMIT
- A numerical value expressing the concentration of a substance in groundwater which is adopted under § 160.15, Wis. Stats., and § NR 140.10, 140.12, or 140.20, Wis. Adm. Code.
- IMPERVIOUS SURFACE
- A surface that releases the rainfall as surface runoff during a large portion of the design rainfall event. Rooftops, sidewalks, parking lots, and street surfaces are examples of impervious surfaces.
- The process by which rainfall or surface runoff percolates or penetrates into the underlying soil.
- LAND DEVELOPMENT ACTIVITY
- Any construction or redevelopment of buildings, roads, parking lots, paved and unpaved storage areas, and similar facilities, but not including agricultural activity.
- LOCAL MUNICIPALITY
- A town, county, Village, or city.
- MAINTENANCE AGREEMENT
- A legal document that is filed with the County Register of Deeds as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
- NON-STORM DISCHARGE
- A discharge to the storm sewer system created by some process other than stormwater runoff.
- NONSTRUCTURAL MEASURE
- A practice, technique, or measure to reduce the volume, peak flow rate, or pollutants in stormwater that does not require the design or installation of fixed stormwater management facilities.
- Located outside the property boundary described in the permit application for land development activity.
- Located within the property boundary described in the permit application for the land development activity.
- OTHER THAN RESIDENTIAL DEVELOPMENT
- Development of the following land uses: commercial; industrial; government and institutional; recreation; transportation; communication; and utilities.
- PEAK FLOW DISCHARGE RATE
- The maximum rate at which a unit volume of stormwater is discharged.
- A written authorization made by the administering authority to the applicant to conduct land development activities.
- PERMIT ADMINISTRATION FEE
- A sum of money paid to the administering authority by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.
- PERVIOUS SURFACE
- A surface that infiltrates rainfall during a large portion of the design rainfall event. Well-managed lawns, fields and woodlands are examples of pervious surfaces.
- POSTCONSTRUCTION STORMWATER DISCHARGE
- Any stormwater discharged from a site following the completion of land disturbing construction activity and final site stabilization.
- POSTDEVELOPMENT CONDITION
- The extent and distribution of land cover types, anticipated to occur under conditions of full development, that will influence stormwater runoff and infiltration.
- PREDEVELOPMENT CONDITION
- The extent and distribution of land cover types present before the initiation of land development activity, assuming that all and uses prior to development activity are managed in an environmentally sound manner.
- The treatment of stormwater prior to its discharge to the primary stormwater treatment practice in order to reduce pollutant loads to a level compatible with the capability of the primary practice.
- RESIDENTIAL DEVELOPMENT
- That which is created to house people, including the residential dwellings as well as all attendant portions of the development including lawns, driveways, sidewalks, garages, and access streets. This type of development includes single- family, multifamily, apartments, and trailer parks.
- SITE RESTRICTION
- Any physical characteristic which limits the use of a stormwater best management practice as prescribed in the Wisconsin Stormwater Manual.
- STOP-WORK ORDER
- An order issued by the administering authority which requires that all construction activity on the site be stopped.
- STORMWATER MANAGEMENT PLAN
- A document that identifies what actions will be taken to reduce stormwater quantity and pollutant loads from land development activity to levels meeting the purpose and intent of this article.
- STORMWATER MANAGEMENT SYSTEM PLAN
- A Comprehensive Plan developed to address stormwater drainage and nonpoint source pollution control problems on a watershed or subwatershed basis, and which meets the purpose and intent of this article.
- STORMWATER RUNOFF
- That portion of the precipitation falling during a rainfall event, or that portion of snowmelt, that runs off the surface of the land and into the natural or artificial conveyance or drainage network.
- STRUCTURAL MEASURE
- Source area practices, conveyance measures, and end-of-pipe treatment that are designed to control stormwater runoff pollutant loads, discharge volumes, and peak flow discharge rates.
- WATERS OF THE STATE
- Those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within the state or its jurisdiction.
- WETLAND FUNCTIONAL VALUE
- The type, quality, and significance of the ecological and cultural benefits provided by wetland resources, such as: flood storage, water quality protection, groundwater recharge and discharge, shoreline protection, fish and wildlife habitat, floral diversity, aesthetics, recreation, and education.
- An area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions. These wetlands include natural, mitigation, and restored wetlands.
- WPDES STORMWATER PERMIT
- A permit issued by the Wisconsin Department of Natural Resources under § 288.33, Wis. Stats. that authorizes the point source discharge of stormwater to waters of the state.
Applicability. This article applies to land development activities which meet the applicability criteria specified in this section. This article also applies to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules. The applicability criteria are:
Residential land development with a gross aggregate area of five acres or more;
Residential land development with a gross aggregate area of at least three acres, but less than five acres, if there are at least 1.5 acres of impervious surfaces;
Land development, other than a residential land development, with a gross aggregate area of 1.5 acres or more, or any nonresidential land development which creates an impervious area of 0.5 acres or more;
Land development activity of any size that, in the opinion of the administering authority, is likely to result in stormwater runoff which exceeds the safe capacity of the existing drainage facilities or receiving body of water, which causes increased channel erosion, which increases water pollution by scouring or the transportation of particulate matter or which endangers property or public safety.
Jurisdiction. This article applies to land development activities within the boundaries of the Village of Hobart.
Exemptions. This article does not apply to land development activities conducted or contracted for by any state agency, as defined under § 227.01(1), Wis. Stats., but also including the office of district attorney.
Unless prior authorization is given by the administering authority, the following methods shall be used in meeting the requirements of this article:
Water quality components. The following methods shall be used in designing components of stormwater structures needed to meet the water quality standards of this article:
Practices shall be designed in accordance with the methods set forth in the latest edition of the "Wisconsin Stormwater Manual, Part 2: Technical Design Guidelines for Stormwater BMPs" as published and amended from time to time by the State of Wisconsin Department of Natural Resources.
Runoff volumes and peak flow rates used in designing the water quality components of stormwater structures shall be calculated using the "Small Storm Hydrology" method set forth in the latest edition of the "Wisconsin Stormwater Manual, Part 2: Technical Design Guidelines for Stormwater BMPs" as published and amended from time to time by the State of Wisconsin Department of Natural Resources.
Water quantity components. The following methods shall be used in designing components of stormwater structures needed to meet the water quantity standards of this article:
Peak flow shaving components of stormwater structures shall be designed in accordance with standard engineering practice.
Runoff volumes and peak flow rates used in designing the water quantity components of stormwater structures shall be based on the principles of the document entitled "Urban Hydrology for Small Watersheds" (Technical Release 55; Engineering Division, Soil Conservation Service, United States Department of Agriculture, June 1992).
Stormwater discharge quantity. Unless otherwise provided for in this article, all land development activities subject to this article shall establish on-site management practices to control the peak flow rates of stormwater discharged from the site. Infiltration of stormwater runoff from driveways, sidewalks, rooftops, and landscaped areas shall be incorporated to the maximum extent practical to provide volume control in addition to control of peak flows. On-site management practices shall be used to meet the following minimum performance standards:
The peak flow discharge rates of stormwater runoff from the development shall not exceed those calculated for the series of design storms specified in Subsection A(2) and predevelopment conditions specified in Subsection A(3). Discharge velocities must be nonerosive to discharge locations, outfall channels, and receiving streams.
At a minimum, the two-year/twenty-four-hour, the ten-year/twenty-four-hour, and twenty-five-year/twenty-four-hour design storms shall be used in comparing peak flow discharge rates for predevelopment and postdevelopment conditions.
Predevelopment conditions for land developing activities shall assume a "good" level of land management. When the Soil Conservation Service TR-55 Method is used to calculate peak flow discharge rates and runoff volumes for the predevelopment condition, NRCS curve numbers shall not exceed the following for the given soil hydrologic groups. When other methods for computing runoff are used, they shall assume a comparable predevelopment condition.
Increases or decreases in the hydrology of wetlands shall be minimized to the extent practical. Where such changes are proposed, the impact of the proposal on wetland functional values shall be assessed using a methodology acceptable to the administering authority. Significant degradation of wetland functional values shall be avoided.
Stormwater discharge quality. Unless otherwise provided for in this article, all land development activities subject to this article shall establish on-site management practices to control the quality of stormwater discharged from the site. On-site management practices shall be used to meet the following minimum standard:
Stormwater discharges shall be treated to remove, on an average annual basis, a minimum of 80% of the total suspended solids load. To achieve this level of control, stormwater practices shall be designed to accommodate, at a minimum, the runoff volume resulting from 1.5 inches of rainfall.
Discharge of urban stormwater pollutants to wetlands shall be minimized to the extent practical. Where such discharges are proposed, the impact of the proposed discharge on wetland functional values shall be assessed using a method acceptable to the administering authority.
At a minimum, stormwater discharges shall be pretreated prior to discharge to wetlands. Significant degradation of wetland functional values due to stormwater pollutant loads shall be avoided.
Stormwater discharges shall be pretreated prior to infiltration where necessary to prolong maintenance of the infiltration practice and to prevent discharge of stormwater pollutants at concentrations that will result in exceedances of groundwater-preventive action limits or enforcement standards established by the Department of Natural Resources in Ch. NR 140, Wisconsin Administrative Code. Stormwater shall not be injected underground through excavations or openings that would violate § NR 812.05, Wis. Admin. Code.
Stormwater ponds and infiltration devices shall not be located closer to water supply wells than indicated below without first notifying the administering authority:
One hundred feet from a well serving a private water system or a transient, noncommunity public water system;
One thousand two hundred feet from a well serving a municipal public water system, and other than municipal public water system, or a nontransient noncommunity public water system;
The boundary of a recharge area to a wellhead identified in a wellhead area protection plan.
Exceptions. The administering authority may establish stormwater management requirements either more stringent or less stringent than those set forth in Subsections A and B of this section, provided that at least one of the following conditions applies.
The administering authority determines that an added level of protection is needed to protect sensitive resources.
The administrating authority determines that the land development activity is covered by an approved stormwater management system plan that contains management requirements consistent with the purpose and intent of this article.
Provisions are made to manage stormwater by an off-site facility, provided that all of the following conditions for the off-site facility are met:
The facility is in place;
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 requirements of this article;
The facility has an entity responsible for its long-term operation and maintenance.
The administering authority finds that meeting the minimum on-site management requirements of this article is infeasible due to space or site restrictions.
Fee in lieu of on-site stormwater management practices. Where the administering authority waives all or part of the minimum on-site stormwater management requirements under Subsection C, the applicant may be required to pay a fee in an amount determined in negotiation with the administering authority. In setting the fee for land development projects, the administering authority shall consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of stormwater management practices needed to serve the land development.
General considerations for on-site and off-site stormwater management measures. The following considerations shall be observed in managing stormwater runoff:
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.
Emergency overland flow shall be configured at a high level for all stormwater facilities so that the safe capacity of downstream drainage facilities will not be exceeded; thus, preventing endangerment of downstream property or public safety.
Sump pump discharge shall:
Drain toward the ditch.
Permit must be obtained for any work within the Village right-of-way.
Owner is responsible for any maintenance to his drain pipe if drained into the right-of-way. Village is not responsible for any damage to discharge pipe if it is placed in the right-of-way.
Water must pump out and stop within 20 feet of the property line to sheet off of lot.
Permit required. No landowner or land operator may undertake a land development activity subject to this article without receiving a permit from the administering authority prior to commencing the proposed activity.
Permit application and fee. Unless specifically excluded by this article, any landowner or operator desiring a permit shall submit to the administering authority a permit application made on a form provided by the administering authority for that purpose.
Unless otherwise excepted by this article, a permit application must be accompanied by the following in order that the permit application be considered by the administering authority: a stormwater management plan, a maintenance agreement, and a nonrefundable permit administration fee.
The stormwater management plan shall be prepared to meet the requirements of § 150-9 of this article, the maintenance agreement shall be prepared to meet the requirements of § 150-10 of this article, the financial guarantee shall meet the intent of § 150-11 of this article, and fees shall be those established by the Village Board as set forth in § 150-12 of this article.
Review and approval of permit application. The administering authority 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:
Within seven business days of the receipt of a complete permit application, including all items as required by Subsection B(1), the administering authority shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved. The administering authority shall base the decision on requirements set forth in §§ 150-7, 150-9 and 150-10 of this article.
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 administering authority shall issue the permit.
If the stormwater permit application, plan or maintenance agreement are disapproved, the Village Board shall detail in writing of the reasons for disapproval.
If additional information is submitted, the administering authority shall have seven 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.
Failure by the administering authority to inform the permit applicant of a decision within seven 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.
Permit conditions. All permits issued under this article shall be subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions. The administering authority may suspend or revoke a permit for violation of a permit condition, following written notification of the permittee. An action by the administering authority to suspend or revoke this permit may be appealed in accordance with § 150-14 of this article.
Compliance with this permit does not relieve the permit holder of the responsibility to comply with other applicable federal, state, and local laws and regulations.
The permit holder shall design and install all structural and nonstructural stormwater management measures in accordance with the approved stormwater management plan and this permit.
The permit holder shall notify the administering authority at least three business days before commencing any work in conjunction with the stormwater management plan, and within three business days upon completion of the stormwater management practices. If required as a special condition, the permit holder shall make additional notification according to a schedule set forth by the administering authority so that practice installations can be inspected during construction.
Practice installations required as part of this article shall be certified "as built" by a licensed professional engineer. Completed stormwater management practices must pass a final inspection to determine if they are in accordance with the approved stormwater management plan and this article. The administering authority shall notify the permit holder in writing of any changes required in such practices to bring them into compliance with the conditions of this permit.
The permit holder shall notify the administering authority of any significant modifications it intends to make to an approved stormwater management plan. The administering authority may require that the proposed modifications be submitted for approval prior to incorporation into the stormwater management plan and execution.
The permit holder shall maintain all stormwater management practices in accordance with the stormwater management plan until the practices either become the responsibility of the Village Board, or are transferred to subsequent private owners as specified in the approved maintenance agreement.
The permit holder authorizes the administering authority to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan, and consents to a special assessment or charge against the property as authorized under §§ 66.0627 and 66.0703, Wis. Stats., or to charging such costs against the financial guarantee posted under § 150-11 of this article.
If so directed by the administering authority, the permit holder shall repair at the permit holder's own expense all damage to adjoining municipal facilities and drainage ways caused by stormwater runoff, where such damage is caused by activities that are not in compliance with the approved stormwater management plan.
The permit holder shall permit property access to the administering authority for the purpose of inspecting the property for compliance with the approved stormwater management plan and this permit.
Where a stormwater management plan involves changes in direction, increases in peak rate and/or total volume of runoff from a site, the administering authority may require the permittee to make appropriate legal arrangements with adjacent property owners concerning the prevention of endangerment to property or public safety.
Plan requirements. The stormwater management plan required under § 150-8B of this article shall contain any information the administering authority may need to evaluate the environmental characteristics of the area affected by land development activity, the potential impacts of the proposed development upon the quality and quantity of stormwater discharges, the potential impacts upon water resources and drainage utilities, and the effectiveness and acceptability of proposed stormwater management measures in meeting the performance standards set forth in this article. Unless specified otherwise by this article, stormwater management plans shall contain at a minimum the following information:
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; person(s) responsible for maintenance of stormwater management practices prior to the transfer, if any, of maintenance responsibility to another party.
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.
Predevelopment site conditions, including:
One or more site maps at a scale of not less than one inch equals 50 feet. The site maps shall show the following: site location and legal property description; predominant soil types and hydrologic soil groups; existing cover type and condition; topographic contours of the site at a scale not to exceed two feet; topography and drainage network including enough of the contiguous properties to show runoff patterns onto, through, and from the site; watercourses that may affect or be affected by runoff from the site; flow path and direction for all stormwater conveyance sections, including time of travel and time of concentration applicable to each; watershed boundaries used in determinations of peak flow discharge rates and discharge volumes from the site; 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 located within 1,200 feet of stormwater detention ponds, infiltration basins, or infiltration trenches; delineation of wellhead protection areas delineated pursuant to § NR 811.16, Wis. Admin. Code.
Computations of peak flow discharge rates and discharge volumes for the two-year/twenty-four hour, ten-year/twenty-four-hour, and twenty-five-year/twenty-four-hour storm events. 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).
Postdevelopment site conditions, including:
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.
Explanation of any restrictions on stormwater management measures in the development area imposed by wellhead protection plans and ordinances.
One or more site maps at a scale of not less than one inch equals 50 feet showing: revised pervious land use including vegetative cover type and condition; impervious land use including all buildings, structures, and pavement; revised topographic contours of the site at a scale not to exceed two feet; revised 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 selections, 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 determinations of peak flow discharge rates and discharge volumes; any changes to lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site.
Computation of the runoff volume resulting from the 1.5 inch rainfall, and computations of peak flow discharge rates and discharge volumes for the two-year/twenty-four-hour, ten-year/twenty-four-hour, and twenty-five-year/twenty-four-hour storm events. 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).
Results of investigations of soils and groundwater required for the placement and design of stormwater management measures.
Results of impact assessments on wetland functional values.
Design computations and all applicable assumptions for the stormwater conveyance (open channel, closed pipe) system.
Design computations and all applicable assumptions for stormwater quality practices (sedimentation type, filtration-type, infiltration-type) as needed to show that practices are appropriately sized to accommodate runoff from the 1.5 inch rainfall. For practice designs that depart from those specified in the "Wisconsin Stormwater Manual, Part 2," the results of continuous simulation modeling, conducted according to the guidelines established in this manual, shall be presented in such a way as to show the reduction in average annual total suspended solids loading from the developed site.
Detailed drawings including cross-sections and profiles of all permanent stormwater conveyance and treatment practices.
A stormwater practice installation schedule.
A maintenance plan developed for the life of each stormwater management practice, including the required maintenance activities and maintenance activity schedule.
Cost estimates for the construction, operation, and maintenance of each stormwater management practice.
Other information as needed by the administering authority to determine compliance of the proposed stormwater management measures with the provisions of this article.
All site investigations, plans, designs, computations, and drawings shall be certified by a licensed professional engineer to be prepared in accordance with accepted engineering practice and in accordance with The Wisconsin Stormwater Manual, Part Two: Technical Design Guidelines for Stormwater BMPs.
Maintenance agreement required. The maintenance agreement required for stormwater management practices under § 150-8B of this article shall be an agreement between the administering authority and the permittee to provide for maintenance of stormwater practices beyond the duration period of this permit. The agreement or recordable document shall be recorded with the County Register of Deeds so that it is binding upon all subsequent owners of land served by this stormwater management practices.
Agreement provisions. The maintenance agreement shall contain the following information and provisions:
Identification of the stormwater facilities and designation of the drainage area served by the facilities.
A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan.
Identification of the landowner(s), organization or municipality responsible for long-term maintenance of the stormwater management practices.
The landowner(s), organization, or municipality shall maintain stormwater management practices in accordance with the schedule included in the agreement.
The administering authority is authorized to access the property to conduct inspections of stormwater practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement.
The administering authority shall maintain public records of the results of the site inspections, shall inform the landowner responsible for maintenance of the inspection results, and shall specifically indicate any corrective actions required to bring the stormwater management practice into proper working condition.
That if the administering authority notifies the party designated under the maintenance agreement of maintenance problems which require correction, the specified corrective actions shall be taken within a reasonable time frame as set by the administering authority.
The administering authority is authorized to perform the corrected actions identified in the inspection report if the landowner does not make the required corrections in the specified time period. The administering authority shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to § 66.60(16), Wis. Stats.
Establishment of the guarantee. The administering authority may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the administering authority. The financial guarantee shall be in an amount determined by the administering authority to be the estimated cost of construction and the estimated cost of maintenance during the period which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the administering authority the authorization to use the funds to complete the project if the landowner defaults or does not properly implement the approved stormwater management plan.
Conditions for release. Conditions for release of the financial guarantee are as follows:
The administering authority shall release the portion of the financial guarantee established to assure installation of stormwater practices, minus any costs incurred by the administering authority to complete installation of practices, upon submission of "as-built plans" by a licensed professional engineer. The administering authority may make provisions for a partial pro rata release of the financial guarantee based on the completion of various development stages.
The administering authority shall release the portion of the financial security established to assure maintenance of stormwater practices, minus any costs incurred by the administering authority, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement.
The fees referred to in other sections of this article shall be established by the administering authority and may from time to time be modified by resolution. A schedule of the fees established by the administering authority shall be available for review in the Municipal Building, located at 2990 South Pine Tree Road, Hobart, Wisconsin 54155.
Any land development activity initiated after the effective date of this article by any person, firm, association, or corporation subject to the article provisions shall be deemed a violation unless conducted in accordance with said provisions.
The administering authority shall notify the responsible owner or operator by certified mail of any noncomplying land development activity. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action which may be taken.
Upon receipt of written notification from the administering authority, the permit holder shall correct work which does not comply with the stormwater management plan or other provisions of this permit. The permit holder shall make corrections as necessary to meet the specifications and schedule set forth by the administering authority in the notice.
If the violations to this article are likely to result in damage to properties, public facilities, or waters of the state, the administering authority may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the administering authority plus interest and legal costs shall be billed to the owner of title of the property.
The administering authority is authorized to post a stop-work order on all land development activity in violation of this article, or to request the Village Attorney to obtain a cease-and-desist order.
The administering authority may revoke a permit issued under this article for noncompliance with provisions of this article.
Any permit revocation, stop-work order, or cease-and-desist order shall remain in effect unless retracted by the administering authority or by a court of competent jurisdiction.
The administering authority is authorized to refer any violation of this article, or of a stop-work order or cease-and-desist order issued pursuant to this article, to the Village Attorney, for the commencement of further legal proceedings.
Any person, firm, association, or corporation who does not comply with the provisions of this article shall be subject to the penalties provided in § 1-3. Each day that the violation exists shall constitute a separate offense.
Every violation of this article is a public nuisance. Compliance with this article may be enforced by injunctional order at the suit of the Village of Hobart. It shall not be necessary to prosecute for forfeiture before resorting to injunctional proceedings.
When the administering authority determines that the holder of a permit issued pursuant to this article has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the administering authority or a party designated by the administering authority may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The administering authority shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to § 150-11 of this article. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.
Board of Appeals.
The Board of Appeals, created under § 295-334 of Chapter 295, Zoning, pursuant to § 62.23(7)(e) or 61.35, Wis. Stats., shall hear and decide appeals where it is alleged that there is error in any order decision or determination made by the administering authority in administering this article. The Board of Appeals shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals.
Upon appeal, the Board of Appeals may authorize variances from the provisions of this article which are not contrary to the public interest, and where owing to special conditions a literal enforcement of the article will result in unnecessary hardship.
Who may appeal. Appeals to the Board of Appeals may be taken by any aggrieved person or by an officer, department, board, or bureau of the Village of Hobart affected by any decision of the administering authority.