[Adopted as § 4.2 of the 2000 Code]
A.
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.[1]
B.
The provisions of this article are deemed not to limit any other
lawful regulatory powers of the same governing body.
C.
The Village Board hereby designates the administering authority to
administer and enforce the provisions of this article.
D.
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:
A.
Degrade physical stream habitat by increasing stream bank erosion,
increasing stream bed scour, diminishing groundwater recharge, and
diminishing stream base flows;
B.
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;
C.
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads;
D.
Reduce the quality of groundwater by increasing pollutant loading;
E.
Threaten public health, safety, property, and general welfare by
overtaxing storm sewers, drainageways, and other minor drainage facilities;
F.
Threaten public health, safety, property, and general welfare by
increasing major flood peaks and volumes;
G.
Undermine floodplain management efforts by increasing the incidence
and levels of flooding.
A.
Purpose. The general purpose of this article is to 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:
(1)
Further the maintenance of safe and healthful conditions;
(2)
Prevent and control the adverse effects of stormwater, prevent and
control soil erosion, prevent and control water pollution, protect
spawning grounds, fish, and aquatic life;
(3)
Control exceedance of the safe capacity of existing drainage facilities
and receiving water bodies; prevent undue channel erosion; control
increases in the scouring and transportation of particulate matter;
prevent conditions that endanger downstream property;
(4)
Control building sites, placement of structures, and land uses, and
promote sound economic growth.
B.
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:
The governmental employee, or a regional planning commission
empowered under § 61.35, Wis. Stats., designated by the
Village Board to administer this article.
The planting, growing, cultivating, and harvesting of crops;
growing and tending of gardens, and trees; harvesting of trees.
A day on which both the offices of the administering authority
of the permit holder are routinely and customarily open for business.
A court-issued order to halt land developing activity that
is being conducted without the required permit.
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.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total rainfall depth.
The quantity of runoff discharged from the land surface as
the result of a rainfall event.
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.[1]
A payment of money to the Village Board in place of meeting
all or part of the stormwater performance standards required by the
article.
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.
Village Board.
The total area, in acres, of all land located within the
property boundary containing the land development activity.
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.
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.
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.
Any construction or redevelopment of buildings, roads, parking
lots, paved and unpaved storage areas, and similar facilities, but
not including agricultural activity.
A town, county, Village, or city.
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.
A discharge to the storm sewer system created by some process
other than stormwater runoff.
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.
Development of the following land uses: commercial; industrial;
government and institutional; recreation; transportation; communication;
and utilities.
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.
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.
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.
Any stormwater discharged from a site following the completion
of land disturbing construction activity and final site stabilization.
The extent and distribution of land cover types, anticipated
to occur under conditions of full development, that will influence
stormwater runoff and infiltration.
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.
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.
Any physical characteristic which limits the use of a stormwater
best management practice as prescribed in the Wisconsin Stormwater
Manual.
An order issued by the administering authority which requires
that all construction activity on the site be stopped.
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.
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.
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.
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.
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.
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.
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.
A.
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:
(1)
Residential land development with a gross aggregate area of five
acres or more;
(2)
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;
(3)
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;
(4)
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.
B.
Jurisdiction. This article applies to land development activities
within the boundaries of the Village of Hobart.
C.
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:
A.
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:
(1)
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.
(2)
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.
B.
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:
(1)
Peak flow shaving components of stormwater structures shall be designed
in accordance with standard engineering practice.
(2)
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).
A.
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:
(1)
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.
(2)
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.
(3)
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.
|
Soil Hydrologic Group:
|
A
|
B
|
C
|
D
| |
|---|---|---|---|---|---|
|
NRCS curve number for meadow
|
30
|
58
|
71
|
78
| |
|
NRCS curve number for woodland
|
30
|
55
|
70
|
77
| |
|
NRCS curve number for grain
|
55
|
68
|
77
|
80
| |
|
NRCS curve number for pasture
|
39
|
61
|
74
|
80
| |
|
NRCS curve number for paved roadways with open ditches*
|
83
|
89
|
92
|
93
| |
|
NRCS curve number for commercial/business districts*
|
89
|
92
|
94
|
95
| |
|
NRCS curve number for industrial districts*
|
81
|
88
|
91
|
93
|
|
NOTES:
| ||
|
*
|
For use with redevelopment projects only.
| |
(4)
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.
B.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
Stormwater ponds and infiltration devices shall not be located closer
to water supply wells than indicated below without first notifying
the administering authority:
(a)
One hundred feet from a well serving a private water system
or a transient, noncommunity public water system;
(b)
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;
(c)
The boundary of a recharge area to a wellhead identified in
a wellhead area protection plan.
C.
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.
(1)
The administering authority determines that an added level of protection
is needed to protect sensitive resources.
(2)
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.
(3)
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:
(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 requirements of this article;
(c)
The facility has an entity responsible for its long-term operation
and maintenance.
(4)
The administering authority finds that meeting the minimum on-site
management requirements of this article is infeasible due to space
or site restrictions.
D.
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.
E.
General considerations for on-site and off-site stormwater management
measures. The following considerations shall be observed in managing
stormwater runoff:
(1)
Natural topography and land cover features such as natural swales,
natural depressions, native soil infiltrating capacity, and natural
groundwater recharge areas shall be preserved and used, to the extent
possible, to meet the requirements of this section.
(2)
Emergency overland flow 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.
(3)
Sump pump discharge shall:
(a)
Drain toward the ditch.
(b)
Permit must be obtained for any work within the Village right-of-way.
(c)
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.
(d)
Water must pump out and stop within 20 feet of the property
line to sheet off of lot.
A.
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.
B.
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.
(1)
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.
(2)
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.
C.
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:
(1)
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.
(2)
If the stormwater permit application, plan and maintenance agreement
are approved, or if an agreed upon payment of fees in lieu of stormwater
management practices is made, the administering authority shall issue
the permit.
(3)
If the stormwater permit application, plan or maintenance agreement
are disapproved, the Village Board shall detail in writing of the
reasons for disapproval.
(4)
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.
(5)
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.
D.
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.
(1)
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.
(2)
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.
(3)
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.
(4)
Practice installations required as part of this article shall be
certified "as built" by a licensed professional engineer. Completed
stormwater management practices must pass a final inspection 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.
(5)
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.
(6)
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.
(7)
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.[1]
(8)
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.
(9)
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.
(10)
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.
A.
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:
(1)
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.
(2)
A proper legal description of the property proposed to be developed
referenced to the U.S. Public Land Survey system or to block and lot
numbers within a recorded land subdivision plat.
(3)
Predevelopment site conditions, including:
(a)
One or more site maps at a scale of not less than one inch equals
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.
(b)
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).
(4)
Postdevelopment site conditions, including:
(a)
Explanation of the provisions to preserve and use natural topography
and land cover features to minimize changes in peak flow runoff rates
and volumes to surface waters and wetlands.
(b)
Explanation of any restrictions on stormwater management measures
in the development area imposed by wellhead protection plans and ordinances.
(c)
One or more site maps at a scale of not less than one inch equals
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.
(d)
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).
(e)
Results of investigations of soils and groundwater required
for the placement and design of stormwater management measures.
(f)
Results of impact assessments on wetland functional values.
(g)
Design computations and all applicable assumptions for the stormwater
conveyance (open channel, closed pipe) system.
(h)
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.
(i)
Detailed drawings including cross-sections and profiles of all
permanent stormwater conveyance and treatment practices.
(5)
A stormwater practice installation schedule.
(6)
A maintenance plan developed for the life of each stormwater management
practice, including the required maintenance activities and maintenance
activity schedule.
(7)
Cost estimates for the construction, operation, and maintenance of
each stormwater management practice.
(8)
Other information as needed by the administering authority to determine
compliance of the proposed stormwater management measures with the
provisions of this article.
(9)
All site investigations, plans, designs, computations, and drawings
shall be certified by a licensed professional engineer to be prepared
in accordance with accepted engineering practice and in accordance
with The Wisconsin Stormwater Manual, Part Two: Technical Design Guidelines
for Stormwater BMPs.
A.
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.
B.
Agreement provisions. The maintenance agreement shall contain the
following information and provisions:
(1)
Identification of the stormwater facilities and designation of the
drainage area served by the facilities.
(2)
A schedule for regular maintenance of each aspect of the stormwater
management system consistent with the stormwater management plan.
(3)
Identification of the landowner(s), organization or municipality
responsible for long-term maintenance of the stormwater management
practices.
(4)
The landowner(s), organization, or municipality shall maintain stormwater
management practices in accordance with the schedule included in the
agreement.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
A.
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.
B.
Conditions for release. Conditions for release of the financial guarantee
are as follows:
(1)
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.
(2)
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
The administering authority may revoke a permit issued under this
article for noncompliance with provisions of this article.
G.
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.
H.
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.
I.
J.
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.
K.
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.
A.
Board of Appeals.
(1)
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.[1]
(2)
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.
B.
Who may appeal. Appeals to the Board of Appeals may be taken by any
aggrieved person or by an officer, department, board, or bureau of
the Village of Hobart affected by any decision of the administering
authority.
