[HISTORY: Adopted by the Village Board of
the Village of East Troy 6-15-2015 by Ord. No. 2015-02. Amendments noted where applicable.]
This article shall be known as the "Construction
Site Erosion Control Ordinance" and may be referred to herein as "this
article."
A.
This article is adopted by the Village Board under
the authority granted by § 61.354, Wis. Stats. This article
supersedes all provisions of an ordinance previously enacted under
§ 61.35, Wis. Stats., that relate to construction site erosion
control. Except as otherwise specified in § 61.354, Wis.
Stats., § 61.35, Wis. Stats., applies to this article and
to any amendments to this article.
B.
The provisions of this article are deemed not to limit
any other lawful regulatory powers of the Village of East Troy.
C.
The requirements of this article do not preempt more
stringent erosion and sediment control requirements that may be imposed
by the Wisconsin Department of Natural Resources administrative rules,
permits, or approvals, including those authorized under §§ 281.16
and 283.33, Wis. Stats., or targeted nonagricultural performance standards
promulgated in rules by the Wisconsin Department of Natural Resources
under § NR 151.004, Wis. Adm. Code.
This article applies to land disturbing construction
activity on construction sites located within the municipal boundaries
of the Village of East Troy.
The Village Board finds that runoff from land
disturbing construction activities can carry sediment and other pollutants
to the waters of the state in the Village of East Troy.
This article is intended to further the maintenance
of safe and healthful conditions; prevent and control water pollution;
prevent and control soil erosion; protect spawning grounds, fish and
aquatic life; control building sites, placement of structures and
land uses; preserve ground cover and scenic beauty; and promote sound
economic growth, by minimizing the amount of sediment and other pollutants
carried by runoff or discharged from land disturbing construction
activity to waters of the state in the Village of East Troy.
A.
General applicability. This article applies to the
following:
(1)
A construction site which has five or more acres of
land disturbing construction activity.
(2)
A construction site which has one or more acres of
land disturbing construction activity after March 10, 2003.
(3)
A construction site of any size that, in the opinion
of the Village Engineer, is likely to result in runoff that exceeds
the safe capacity of the existing drainage facilities or receiving
body of water, causes undue channel erosion, increases water pollution
by scouring or the transportation of particulate matter, or endangers
property or public safety.
B.
Exemptions. This article does not apply to the following:
(1)
Land disturbing construction activity that includes
the construction of a building and is otherwise regulated by the Wisconsin
Department of Safety and Professional Services in Chs. SPS 320 to
SPS 325 or SPS 361 to SPS 366, Wis. Adm. Code.
(2)
A construction project that is exempted by federal
statutes or regulations from the requirement to have a national pollutant
discharge elimination system permit issued under 40 CFR 122 for land
disturbing construction activity.
(3)
Nonpoint discharges from agricultural facilities and
practices.
(4)
Nonpoint discharges from silviculture activities.
(5)
Routine maintenance for project sites under five acres
of land disturbance if performed to maintain the original line and
grade, hydraulic capacity, or original purpose of the facility.
(6)
Activities conducted by a state agency, as defined
under § 227.01(1), Wis. Stats., but also including the office
of district attorney, which is subject to the state plan promulgated
or a memorandum of understanding entered into under § 281.33(2),
Wis. Stats.
Except as specifically provided in this article,
all land disturbing construction activities must be performed in compliance
with a permit issued by the Village Engineer.
The Village of East Troy and its officials,
agencies, employees, agents, and assigns shall not be liable for any
damage or loss of property value that may occur as a result of reliance
upon and conformance with this article.
The following terms used in this article shall
have the meanings indicated:
The meaning given in § 281.16(1), Wis. Stats.
A calendar year of precipitation, excluding snow, which is
considered typical.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the state.
A day the office of the Village Engineer is routinely and
customarily open for business.
A court-issued order to halt land disturbing construction
activity that is being conducted without the required permit. (Also
see "stop-work order.")
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.
The process by which the land's surface is worn away by the
action of wind, water, ice, or gravity.
A plan developed to address pollution caused by erosion and
sedimentation of soil particles or rock fragments during construction.
All land disturbing construction activities at the construction
site have been completed and a uniform, perennial, vegetative cover
has been established, with a density of at least 70% of the cover,
for the unpaved areas and areas not covered by permanent structures,
or employment of equivalent permanent stabilization measures.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. "Land disturbing
construction activity" includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
A level of implementing best management practices in order
to achieve a performance standard specified in this article which
takes into account the best available technology, cost-effectiveness,
and other competing issues, such as human safety and welfare, endangered
and threatened resources, historic properties, and geographic features.
Maximum extent practicable (MEP) allows flexibility in the way to
meet the performance standards and may vary based on the performance
standard and site conditions.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Village Engineer to the
applicant to conduct land disturbing construction activity or to discharge
post-construction runoff to waters of the state.
The meaning given in § 283.01(13), Wis. Stats.
The meaning given in § 281.01(10), Wis. Stats.
Any entity holding fee title to the property or performing
services to meet the performance standards of this article through
a contract or other agreement.
Stormwater or precipitation, including rain, snow, or ice
melt or similar water, that moves on the land surface via sheet or
channelized flow.
Settleable solid material that is transported by runoff,
suspended within runoff, or deposited by runoff away from its original
location.
A conveyance or system of conveyances, including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria:
The entire area included in the legal description of the
land on which the land disturbing construction activity is proposed
in the permit application.
An order issued by the Village Engineer that requires that
all construction activity on the site be stopped. (Also see "cease
and desist order.")
A document that specifies design, predicted performance and
operation, and maintenance specifications for a material, device,
or method.
The individual so designated by the Village Board.
The meaning given in § 281.01(18), Wis. Stats.
An abbreviation for Wisconsin Administrative Code.
An abbreviation for Wisconsin Statutes.
A.
Best management practices used to comply with this
article shall meet the design criteria, standards, and specifications
based on any of the following:
(1)
Applicable design criteria, standards, and specifications
identified in Wisconsin Construction Site Best Management Practice
Handbook (WDNR Pub. WR-222 November 1993 Revision).
(2)
Other design guidance and technical standards identified
or developed by the Wisconsin Department of Natural Resources under
Subchapter V of Ch. NR 151, Wis. Adm. Code.
(3)
Other technical standards as approved by the Village
Engineer.
B.
For the purposes of this article, average annual basis
is calculated using the appropriate average annual rainfall or runoff
factor, also referred to as the R factor, or an equivalent design
storm using a Type II distribution, with consideration given to the
geographic location of the site and the period of disturbance.
A.
Generally. An erosion and sediment control plan shall
be designed to achieve, to the maximum extent practicable, a reduction
of 80% of the sediment load carried in runoff, on an average annual
basis, as compared with no sediment or erosion controls until the
construction site has undergone final stabilization. (Soil loss prediction
tools that estimate the sediment load leaving the construction site
under varying land and management conditions, or methodology identified
in Subchapter V of Ch. NR 151, Wis. Adm. Code, may be used to calculate
sediment reduction.) No person shall be required to exceed an eighty-percent
sediment reduction to meet the requirements of this section. Erosion
and sediment control best management practices may be used alone or
in combination to meet the requirements of this section. Credit toward
meeting the sediment reduction shall be given for limiting the duration
or area, or both, of land disturbing construction activity, or other
appropriate mechanism.
(1)
If best management practices cannot be designed and
implemented to reduce the sediment load by 80%, on an average annual
basis, the plan shall include a written and site-specific explanation
as to why the eighty-percent reduction goal is not attainable, and
the sediment load shall be reduced to the maximum extent practicable.
(2)
Where appropriate, the plan shall include sediment
controls to do all of the following to the maximum extent practicable:
(3)
The use, storage, and disposal of chemicals, cement,
and other compounds and materials used on the construction site shall
be managed during the construction period to prevent their entrance
into waters of the state. However, projects that require the placement
of these materials in waters of the state, such as constructing bridge
footings or best management practices installations, are not prohibited
by this subsection.
(4)
Velocity dissipation devices shall be placed at discharge
locations and along the length of any outfall channel, as necessary,
to provide a nonerosive flow from the structure to a watercourse so
that the natural physical and biological characteristics and functions
are maintained and protected.
B.
Location. The best management practices used to comply
with this article shall be located prior to runoff entering waters
of the state.
C.
Alternate requirements. The Village Engineer may establish
requirements more stringent than those set forth in this article if
he or she determines, on a case-by-case basis, that an added level
of protection is needed to protect sensitive resources.
A.
The general steps outlined below shall be used in
the review of an application for an erosion control permit.
(1)
Presubmittal meeting. The applicant or the applicant's
agent may meet with the Village Engineer to review applicable regulations
and procedures and the project.
(2)
Submittal of application materials. The applicant
shall submit a completed application and other required materials
to the Village Engineer along with the application fee as may be established
by the Village Board.
(3)
Completeness check. Within 10 business days of submittal,
the Village Engineer shall determine whether the application is complete
or incomplete. If the Village Engineer determines that the application
is incomplete, he or she shall notify the applicant of the deficiencies.
If the application is incomplete, the applicant has three months to
resubmit the application or forfeit the application fee. The Village
Engineer shall take no further steps to process the application until
the deficiencies are remedied. The incomplete application shall be
retained as a public record.
(4)
Review and decision. The Village Engineer shall render
a decision based on the requirements of this article within six business
days of when the application is deemed complete. If the application
is denied, the Village Engineer shall state in writing the reasons
for denial.
B.
The Village Engineer may request additional information
from the applicant. If additional information is submitted, the Village
Engineer shall have six business days from the date the additional
information is received to render a decision.
By submitting an application, the applicant
is authorizing the Village Engineer to enter the site to obtain information
required for the review of the erosion and sediment control plan.
Further, issuance of a permit under the authority of this article
authorizes the Village Engineer to enter the site to ensure compliance
with the same.
In addition to the requirements set forth in this article, the Village Engineer may impose one or more conditions of approval when needed to assure compliance with the performance standards in § 483-11 of this article.
As a condition of approval and issuance of the
permit, the Village Engineer may require the applicant to provide
a surety bond, an irrevocable letter of credit, or other acceptable
financial guarantee in an amount deemed appropriate by the Village
Engineer to ensure execution of the approved erosion control plan
and any permit conditions.
If the Village Engineer approves an erosion
and sediment control plan, the responsible party shall comply with
each of the following requirements:
A.
Keep a copy of the erosion and sediment control plan
at the construction site.
B.
Notify the Village Engineer within 48 hours of commencing
any land disturbing construction activity.
C.
Install all best management practices as identified
in the approved erosion and sediment control plan and maintain them
throughout the duration of the construction activities until the site
has undergone final stabilization.
D.
Notify the Village Engineer of completion of any best
management practices within 14 calendar days after their installation.
E.
Maintain all road drainage systems, stormwater drainage
systems, best management practices, and other facilities identified
in the erosion and sediment control plan.
F.
Notify the Village Engineer if there is a change in
design, construction, operation, or maintenance at the site which
has the reasonable potential for the discharge of pollutants to waters
of the state and which has not otherwise been addressed in the plan.
G.
Notify the Village Engineer if the actions required
by the plan do not adequately reduce the impacts of pollutants carried
by construction site runoff.
H.
Obtain permission in writing from the Village Engineer
prior to any modification of an approved erosion and sediment control
plan.
I.
Repair any siltation or erosion damage to adjoining
surfaces and drainageways resulting from land disturbing construction
activities and document repairs in a site erosion control log.
J.
Inspect any best management practices within 24 hours
after each rain of 0.5 inch or more which results in runoff during
active construction periods and at least once each week make needed
repairs and document the findings of the inspections in a site erosion
control log with the date of inspection, the name of the person conducting
the inspection, and a description of the present phase of the construction
at the site.
K.
Allow the Village Engineer to enter the site for the
purpose of inspecting compliance with the erosion and sediment control
plan or for performing any work necessary to bring the site into compliance
with the control plan.
A permit issued under this article shall be
valid for a period of 180 calendar days, or the length of the building
permit or other approval, whichever is longer, from the date of issuance.
The Village Engineer may extend the period one or more times for up
to an additional 180 calendar days. The Village Engineer may require
additional BMPs as a condition of the extension if they are necessary
to meet the requirements of this article.
A.
Preparation. An erosion and sediment control plan
shall be prepared by an individual qualified to prepare such plan.
B.
Generally. An erosion and sediment control plan shall be designed and implemented to meet the performance standards in § 483-11 of this article from the commencement of land disturbing construction activities up to final stabilization of the site.
C.
Standard erosion and sediment control plan. A standard
erosion and sediment control plan shall include, at a minimum, the
following items:
(1)
The name(s) and address(es) of the owner or developer
of the site and of any consulting firm retained by the applicant,
together with the name of the applicant's principal contact at such
firm.
(2)
The start and end dates for construction.
(3)
Description of the site and the nature of the construction
activity, including representation of the limits of land disturbance
on a United States Geological Service 7.5 minute series topographic
map, or equivalent.
(4)
A sequence of construction of the development site,
including stripping and clearing; rough grading; construction of utilities,
infrastructure, and buildings; and final grading and landscaping.
Sequencing shall identify the expected date on which clearing will
begin, the estimated duration of exposure of cleared areas, areas
of clearing, installation of temporary erosion and sediment control
measures, and establishment of permanent vegetation.
(5)
Estimates of the total area of the site and the total
area of the site that is expected to be disturbed by construction
activities.
(6)
Estimates, including calculations, if any, of the
runoff coefficient of the site before and after construction activities
are completed.
(7)
Calculations to show the expected percent reduction
in the average annual sediment load carried in runoff as compared
to no sediment or erosion controls.
(8)
Existing data describing the surface soil and subsoils.
(9)
Depth to groundwater, as indicated by Natural Resources
Conservation Service soil information where available.
(10)
Name of the immediate named receiving water
from the United States Geological Service 7.5 minute series topographic
maps.
(11)
A description of appropriate controls and measures
that will be performed at the site to prevent pollutants from reaching
waters of the state. The plan shall clearly describe the appropriate
control measures for each major activity and the timing during the
construction process that the measures will be implemented. The description
of erosion controls shall include, when appropriate, the following
minimum requirements:
(a)
Description of interim and permanent stabilization
practices, including a practice implementation schedule. Site plans
shall ensure that existing vegetation is preserved where attainable
and that disturbed portions of the site are stabilized.
(b)
Description of structural practices to divert
flow away from exposed soils, store flows or otherwise limit runoff
and the discharge of pollutants from the site. Unless otherwise specifically
approved in writing by the Village Engineer, structural measures shall
be installed on upland soils.
(c)
Management of overland flow at all sites, unless
otherwise controlled by outfall controls.
(d)
Trapping of sediment in channelized flow.
(e)
Staging construction to limit bare areas subject
to erosion.
(f)
Protection of downslope drainage inlets where
they occur.
(g)
Minimization of tracking at all sites.
(h)
Cleanup of off-site sediment deposits.
(i)
Proper disposal of building and waste materials
at all sites.
(j)
Stabilization of drainageways.
(k)
Control of soil erosion from dirt stockpiles.
(l)
Installation of permanent stabilization practices
as soon as possible after final grading.
(m)
Minimization of dust to the maximum extent practicable.
(12)
A site map at a scale not greater than 100 feet
per inch and at a contour interval not to exceed five feet. The following
information shall be depicted on the site map:
(a)
Boundaries of the construction site.
(b)
Existing topography, vegetative cover, natural
and engineered drainage systems, roads, and surface waters.
(c)
Lakes, streams, wetlands, channels, ditches,
and other watercourses on and immediately adjacent to the site.
(d)
Any identified one-hundred-year floodplains,
flood-fringes and floodways on and immediately adjacent to the site.
(e)
Drainage patterns and approximate slopes anticipated
after major grading activities.
(f)
Areas of soil disturbance.
(g)
Location of major structural and nonstructural
controls identified in the plan.
(h)
Location of areas where stabilization practices
will be employed.
(i)
Areas that will be vegetated following construction.
(j)
The location of all surface waters (e.g., lakes,
streams, wetlands, channels, ditches, and other watercourses) and
wetlands on and within one mile of the construction site.
(k)
The locations where stormwater is discharged
to a surface water or wetland.
(l)
An alphanumeric or equivalent grid overlying
the entire construction site map.
The responsible party shall work with the Village
Engineer to amend an approved plan if:
A.
There
is a change in design, construction, operation, or maintenance at
the site which has the reasonable potential for the discharge of pollutants
to waters of the state and which has not otherwise been addressed
in the plan;
B.
The actions
required by the plan fail to reduce the impacts of pollutants carried
by construction site runoff; or
C.
The Village
Engineer notifies the applicant of changes needed in the plan.
A.
Assessment of fees. From time to time, the Village
Board may by resolution establish application fees and other charges
it deems necessary in the administration of this article.
B.
Timing for payment. Application fees shall be paid
at the time the application is submitted for review.
C.
Doubling of application fee. If an activity which
requires prior authorization under this article is started before
the authorization is granted, the application fee is automatically
doubled unless the Village Board specifically establishes a different
fee by resolution. Payment of such fee shall not release the applicant
from full compliance with this article nor from prosecution for violation
of this article.
D.
Refunds. Application fees are nonrefundable, except
when the application and fee were accepted by the Village Engineer
or Village staff in error.
The Village Engineer should inspect a construction
site that holds a permit under this article at least once a month
during the period starting March 1 and ending October 31 and at least
two times during the period starting November 1 and ending February
28 to ensure compliance with the approved erosion and sediment control
plan. Failure of the Village Engineer to conduct such inspections
shall not invalidate any enforcement proceeding.
It is the responsibility of those undertaking
development projects within the Village to obtain all applicable permits
and other approvals as may be required by the Village of East Troy,
Walworth County, and federal and state authorities as may be required.
The Zoning Board of Appeals established under Chapter 510, Zoning, of this Code shall hear and decide administrative appeals where it is alleged that there is error in any order, decision, or determination made by the Village Engineer in administering this article, except for cease and desist orders obtained under § 483-26 of this article. The procedures and requirements established in Chapter 510 shall apply.
The Zoning Board of Appeals established under Chapter 510, Zoning, of this Code shall hear and decide variances. The procedures and requirements established in Chapter 510 shall apply, except that in making its decision the Board shall only grant a variance if the requested variance is not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of the article will likely result in an unnecessary hardship.
A.
Special inspection warrant. If the Village Engineer
believes that a land disturbing construction activity regulated by
this article is being done so without a permit as required by this
article, he or she shall obtain a special inspection warrant pursuant
to the requirements set forth in § 66.0119, Wis. Stats.
B.
Stop-work order.
(1)
The Village Engineer may post a stop-work order if
any of the following occurs:
(2)
If the responsible party does not cease activity as
required in a stop-work order posted under this section or fails to
comply with the erosion and sediment control plan or permit conditions,
the Village Engineer may revoke an approved permit.
(3)
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the Village Engineer, or if a responsible party violates a stop-work order posted under Subsection B(1), the Village Engineer may request the Village Attorney to obtain a cease and desist order in any court with jurisdiction. The Village Engineer may retract the stop-work order issued under this subsection.
C.
Work performed by Village. After posting a stop-work order under Subsection B, the Village Engineer may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this article. The Village Engineer may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the Village Engineer, plus interest at the rate authorized by the Village Board, shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Village Clerk-Treasurer shall enter the amount due on the tax rolls and collect it as a special assessment against the property pursuant to the procedures and requirements set forth in Subchapter VII of Ch. 66, Wis. Stats.
D.
Forfeitures. Any person violating any of the provisions of this article shall be subject to a penalty as provided in § 1-4 of this Code. Each day a violation exists shall constitute a separate offense.
E.
Other remedies. Compliance with this article may also
be enforced by injunction in any court with jurisdiction. It shall
not be necessary to prosecute for forfeiture or a cease and desist
order before initiating proceedings related to a court injunction.
This article shall be known as the "Post-Construction
Stormwater Management Ordinance" and may be referred to herein as
"this article."
A.
This article is adopted by the Village Board under
the authority granted by § 61.354, Wis. Stats. This article
supersedes all provisions of any ordinance previously enacted under
§ 61.35., Wis. Stats., that relate to stormwater management
regulations. Except as otherwise specified in § 61.354,
Wis. Stats., § 61.35, Wis. Stats., applies to this article
and to any amendments to this article.
B.
The provisions of this article are deemed not to limit
any other lawful regulatory powers of the Village of East Troy.
C.
The requirements of this article do not preempt more
stringent stormwater management requirements that may be imposed by
the Wisconsin Department of Natural Resources administrative rules,
permits or approvals, including those authorized under §§ 281.16
and 283.33, Wis. Stats., or targeted nonagricultural performance standards
promulgated by the Wisconsin Department of Natural Resources under
§ NR 151.004, Wis. Adm. Code.
This article applies to all lands located within
the municipal boundaries of the Village of East Troy, the boundaries
of which may change through annexations and/or detachments.
The Village Board finds that uncontrolled post-construction
runoff has a significant impact upon water resources and the health,
safety and general welfare of the community and diminishes the public
enjoyment and use of natural resources. Specifically, uncontrolled
post-construction runoff can:
A.
Degrade physical stream habitat by increasing stream
bank erosion, increasing streambed scour, diminishing groundwater
recharge, diminishing stream base flows and increasing stream temperature;
B.
Diminish the capacity of lakes and streams to support
fish, aquatic life, and recreational and water supply uses by increasing
pollutant loading of sediment, suspended solids, nutrients, heavy
metals, bacteria, pathogens and other urban pollutants;
C.
Alter wetland communities by changing wetland hydrology
and by increasing pollutant loads;
D.
Reduce the quality of groundwater by increasing pollutant
loading;
E.
Threaten public health, safety, property and general
welfare by overtaxing storm sewers, drainageways, and other minor
drainage facilities;
F.
Threaten public health, safety, property and general
welfare by increasing major flood peaks and volumes; and
G.
Undermine floodplain management efforts by increasing
the incidence and levels of flooding.
A.
Purpose. The general purpose of this article is to
establish long-term post-construction runoff management requirements
that will diminish the threats to public health, safety, welfare and
the aquatic environment. Specific purposes are to:
(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; control building
sites, placement of structures and land uses; preserve ground cover
and scenic beauty; and promote sound economic growth; and
(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; and prevent conditions that endanger downstream property.
B.
Intent. It is the intent of the Village of East Troy
that this article regulates post-construction stormwater discharges
to waters of the state. This article may be applied on a site-by-site
basis. The Village of East Troy recognizes, however, that the preferred
method of achieving the stormwater performance standards set forth
in this article is through the preparation and implementation of comprehensive,
systems-level stormwater management plans that cover hydrologic units,
such as watersheds, on a municipal and regional scale. Such plans
may prescribe regional stormwater devices, practices or systems, any
of which may be designed to treat runoff from more than one site prior
to discharge to waters of the state. Where such plans are in conformance
with the performance standards developed under § 281.16,
Wis. Stats., for regional stormwater management measures and have
been approved by the Village Board, it is the intent of this article
that the approved plan be used to identify post-construction management
measures acceptable for the community.
A.
Generally. Where not otherwise limited by law, this article applies after final stabilization to a site of land disturbing construction activity meeting any of the criteria in this subsection, unless the site is otherwise exempt under Subsection B.
(1)
A post-construction site that had five or more acres
of land disturbing construction activity.
(2)
A post-development construction site that had one
or more acres of land disturbing construction activity after March
10, 2003.
|
Note to users: The five- and one-acre land disturbance
thresholds are consistent with state and federal laws regarding applicability
of construction site erosion control permits.
|
B.
Exemptions. The following are exempt from the requirements
of this article:
(1)
A redevelopment post-construction site with no increase
in exposed parking lots or roads.
(2)
A post-construction site with less than 10% connected
imperviousness based on complete development of the post-construction
site, provided that the cumulative area of all parking lots and rooftops
is less than one acre.
(3)
Nonpoint discharges from agricultural facilities and
practices.
(4)
Nonpoint discharges from silviculture activities.
(5)
Routine maintenance for project sites under five acres
of land disturbance if performed to maintain the original line and
grade, hydraulic capacity or original purpose of the facility.
(6)
Underground utility construction such as water, sewer
and fiber optic lines. This exemption does not apply to the construction
of any aboveground structures associated with utility construction.
C.
Notwithstanding the applicability requirements in Subsection A, this article applies to a post-construction site of any size that, in the opinion of the Village Engineer, is likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
D.
This article is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.,
but also including the office of district attorney, which is subject
to the state plan promulgated or a memorandum of understanding entered
into under § 281.33(2), Wis. Stats. [The Wisconsin Department
of Transportation (WisDOT) has entered into a memorandum of understanding
with the Wisconsin Department of Natural Resources that satisfies
§ 281.33(2), Wis. Stats., such that activities directed
and supervised by WisDOT are exempt.]
No responsible party may undertake a land disturbing
construction activity without receiving a post-construction runoff
permit from the Village Engineer prior to commencing the proposed
activity.
The Village of East Troy and its officials,
agencies, employees, agents, and assigns shall not be liable for any
damage or loss of property value that may occur as a result of reliance
upon and conformance with this article.
As used in this article, the following terms
shall have the meanings indicated:
The meaning given in § 281.16, Wis. Stats.
A calendar year of precipitation, excluding snow, which is
considered typical.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or pollutants carried
in runoff to waters of the state.
A day the office of the Village Engineer is routinely and
customarily open for business.
A court-issued order to halt land disturbing construction
activity that is being conducted without the required permit.
A system for conveying both sanitary sewage and stormwater
runoff.
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
Residential, commercial, industrial or institutional land
uses and associated roads.
A division of a lot, parcel, or tract of land by the owner
or the owner's agent, for any purpose, including sale or development.
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
The process by which the land's surface is worn away by the
action of wind, water, ice or gravity.
Waters listed in § NR 102.11, Wis. Adm. Code.
The unincorporated area within three miles of the corporate
limits of a first, second, or third class city or within 1.5 miles
of a fourth-class city or village.
All land disturbing construction activities at the construction
site have been completed and a uniform, perennial, vegetative cover
has been established, with a density of at least 70% of the cover,
for the unpaved areas and areas not covered by permanent structures,
or employment of equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantee submitted to the Village of
East Troy by the responsible party to assure that the requirements
of this article are carried out in compliance with the stormwater
management plan.
An area that releases as runoff all or a large portion of
the precipitation that falls on it, except for frozen soil. Rooftops,
sidewalks, driveways, parking lots and streets are examples of areas
that typically are impervious.
An undeveloped area of land located within existing development.
The entry of precipitation or runoff into or through the
soil.
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices, such as swales or roadside channels, designed for
conveyance and pollutant removal only.
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater,
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. "Land disturbing
construction activity" includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
A legal document that provides for long-term maintenance
of stormwater management practices.
A level of implementing best management practices in order
to achieve a performance standard specified in this article which
takes into account the best available technology, cost-effectiveness
and other competing issues, such as human safety and welfare, endangered
and threatened resources, historic properties and geographic features.
Maximum extent practicable (MEP) allows flexibility in the way to
meet the performance standards and may vary based on the performance
standard and site conditions.
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
Located outside the property boundary described in the permit
application.
Located within the property boundary described in the permit
application.
The meaning given in § NR 115.03(6), Wis. Adm.
Code.
Waters listed in § NR 102.10, Wis. Adm. Code.
The percentage of a given sample of soil which passes through
a No. 200 sieve. [Percent fines can be determined using the American
Society for Testing and Materials, Volume 04.02, Test Method C117-95,
Standard Test Method for Materials Finer than 75-µm (No. 200)
Sieve in Mineral Aggregates by Washing. Copies can be obtained by
contacting the American Society for Testing and Materials, 100 Barr
Harbor Drive, Conshohocken, PA 19428-2959, or phone 610-832-9585,
or online at http://www.astm.org.]
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Village Engineer to the
applicant to conduct land disturbing construction activity or to discharge
post-construction runoff to waters of the state.
A sum of money paid to the Village Engineer by the permit
applicant for the purpose of recouping the expenses incurred by the
Village in administering the permit.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
The meaning given in § 283.01(13), Wis. Stats.
The meaning given in § 281.01(10), Wis. Stats.
A construction site following the completion of land disturbing
construction activity and final site stabilization.
The extent and distribution of land cover types present before
the initiation of land disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
The meaning given in § NR 140.05(17), Wis. Adm.
Code.
Areas where development is replacing older development.
Any entity holding fee title to the property or other person
contracted or obligated by other agreement to implement and maintain
post-construction stormwater BMPs.
Stormwater or precipitation, including rain, snow or ice
melt or similar water, that moves on the land surface via sheet or
channelized flow.
A conveyance or system of conveyances, including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which is designed or used for
collecting water or conveying runoff, is not part of a combined sewer
system, is not draining to a stormwater treatment device or system,
and discharges directly or indirectly to waters of the state.
The entire area included in the legal description of the
land on which the land disturbing construction activity occurred.
An order issued by the Village Engineer which requires that
all construction activity on the site be stopped.
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has undergone final stabilization
following completion of the construction activity.
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
An edge, or point on the landscape, landward from the ordinary
high-water mark of a surface water of the state, where the slope of
the land begins to be less than 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the initial
50 feet, landward from the ordinary high-water mark, the top of the
channel is the ordinary high-water mark.
The United States Department of Agriculture, Natural Resources
Conservation Service (previously Soil Conservation Service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986.
A rainfall type curve as established in the United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published 1973. The Type II curve is applicable to all of Wisconsin
and represents the most intense storm pattern.
The meaning given in § 281.01(18), Wis. Stats.
An abbreviation for Wisconsin Administrative Code.
An abbreviation for Wisconsin Statutes.
The following methods shall be used in designing the water quality,
peak flow shaving and infiltration components of stormwater practices
needed to meet the water quality standards of this article:
A.
Technical
standards identified, developed or disseminated by the Wisconsin Department
of Natural Resources under Subchapter V of Ch. NR 151, Wis. Adm. Code.
B.
Where
technical standards have not been identified or developed by the Wisconsin
Department of Natural Resources, other technical standards may be
used, provided that the methods have been approved by the Village
Engineer.
C.
In this
article, the following year and location best represent the average
annual rainfall: Milwaukee 1969 (March 28 to December 6).
A.
Responsible party. The responsible party shall implement
a post-construction stormwater management plan that incorporates the
requirements of this section.
B.
Plan. A written stormwater management plan in accordance with § 483-43 shall be developed and implemented for each post-construction site.
C.
Requirements. The stormwater management plan shall
include the following:
(1)
Total suspended solids. Best management practices
shall be designed, installed and maintained to control total suspended
solids carried in runoff from the post-construction site as follows:
(a)
For new development, by design, reduce to the
maximum extent practicable the total suspended solids load by 80%,
based on the average annual rainfall, as compared to no runoff management
controls. No person shall be required to exceed an eighty-percent
total suspended solids reduction to meet the requirements of this
subsection.
(b)
For redevelopment, by design, reduce to the
maximum extent practicable the total suspended solids load by 40%,
based on the average annual rainfall, as compared to no runoff management
controls. No person shall be required to exceed a forty-percent total
suspended solids reduction to meet the requirements of this subsection.
(c)
For infill development under five acres that
occurs within 10 years after October 1, 2002, by design, reduce to
the maximum extent practicable the total suspended solids load by
40%, based on an average annual rainfall, as compared to no runoff
management controls. No person shall be required to exceed a forty-percent
total suspended solids reduction to meet the requirements of this
subsection.
(d)
For infill development that occurs 10 or more
years after October 1, 2002, by design, reduce to the maximum extent
practicable the total suspended solids load by 80%, based on an average
annual rainfall, as compared to no runoff management controls. No
person shall be required to exceed an eighty-percent total suspended
solids reduction to meet the requirements of this subsection.
(e)
Notwithstanding Subsection C(1)(a) to (d), if the design cannot achieve the applicable total suspended solids reduction as specified in this subsection, 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.
(f)
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.
(2)
Peak discharge.
(a)
By design, BMPs shall be employed to maintain
or reduce the peak runoff discharge rates, to the maximum extent practicable,
as compared to pre-development, conditionally the two-, ten-, fifty-
and one-hundred-year, twenty-four-hour design storm applicable to
the post-construction site. Pre-development conditions shall assume
"good hydrologic conditions" for appropriate land covers as identified
in TR-55 or an equivalent methodology. The meanings of "hydrologic
soil group" and "runoff curve number" are as determined in TR-55.
However, when pre-development land cover is cropland, rather than
using TR-55 values for cropland, the runoff curve numbers in Table
1 shall be used.
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Table 1: Maximum Pre-Development Runoff
Curve Numbers for Cropland Areas
| |||||
|---|---|---|---|---|---|
|
Hydrologic soil group
|
A
|
B
|
C
|
D
| |
|
Runoff curve number
|
56
|
70
|
79
|
83
| |
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Note: The curve numbers represent mid-range
values for soils under a good hydrologic condition where conservation
practices are used and are selected to be protective of the resource
waters.
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(b)
This subsection does not apply to any of the
following:
[1]
A post-construction site where the change in
hydrology due to development does not increase the existing surface
water elevation at any point within the downstream receiving water
by more than 0.01 of a foot for the two-year, twenty-four-hour storm
event.
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Note to users: Hydraulic models such as HEC-RAS
or another methodology may be used to determine the change in surface
water elevations.
|
[2]
A redevelopment post-construction site.
[3]
An infill development area less than five acres.
(3)
Infiltration. Best management practices shall be designed, installed, and maintained to infiltrate runoff to the maximum extent practicable in accordance with the following, except as provided in Subsections C(3)(e) to (h):
(a)
For residential developments one of the following
shall be met:
[1]
Infiltrate sufficient runoff volume so that
the post-development infiltration volume shall be at least 90% of
the pre-development infiltration volume, based on an average annual
rainfall. However, when designing appropriate infiltration systems
to meet this requirement, no more than 1% of the project site is required
as an effective infiltration area.
[2]
Infiltrate 25% of the post-development runoff
from the two-year, twenty-four-hour design storm with a Type II distribution.
Separate curve numbers for pervious and impervious surfaces shall
be used to calculate runoff volumes and not composite curve numbers
as defined in TR-55. However, when designing appropriate infiltration
systems to meet this requirement, no more than 1% of the project site
is required as an effective infiltration area.
(b)
For nonresidential development, including commercial,
industrial and institutional development, one of the following shall
be met:
[1]
Infiltrate sufficient runoff volume so that
the post-development infiltration volume shall be at least 60% of
the pre-development infiltration volume, based on an average annual
rainfall. However, when designing appropriate infiltration systems
to meet this requirement, no more than 2% of the project site is required
as an effective infiltration area.
[2]
Infiltrate 10% of the runoff from the two-year,
twenty-four-hour design storm with a Type II distribution. Separate
curve numbers for pervious and impervious surfaces shall be used to
calculate runoff volumes and not composite curve numbers as defined
in TR-55. However, when designing appropriate infiltration systems
to meet this requirement, no more than 2% of the project site is required
as an effective infiltration area.
(c)
Pre-development condition shall be the same as in Subsection C(2).
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Note to users: A model that calculates runoff
volume such as SLAMM, P8, or an equivalent methodology may be used.
|
(d)
Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection C(3)(h). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
|
Note to users: 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. 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.
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(e)
The runoff from the following areas is prohibited
from meeting the requirements of this subsection:
[1]
Areas associated with Tier 1 industrial facilities
identified in § NR 216.21(2)(a), Wis. Adm. Code, including
storage, loading, rooftop and parking.
[2]
Storage and loading areas of Tier 2 industrial
facilities identified in § NR 216.21(2)(b), Wis. Adm. Code.
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Note to users: Runoff from Tier 2 parking and
rooftop areas may be infiltrated but may require pretreatment.
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[3]
Fueling and vehicle maintenance areas.
[4]
Areas within 1,000 feet upgradient or within
100 feet downgradient of karst features.
[5]
Areas with less than three feet separation distance
from the bottom of the infiltration system to the elevation of seasonal
high groundwater or the top of bedrock, except that this subsection
does not prohibit infiltration of roof runoff.
[6]
Areas with runoff from industrial, commercial
and institutional parking lots and roads and residential arterial
roads with less than five feet separation distance from the bottom
of the infiltration system to the elevation of seasonal high groundwater
or the top of bedrock.
[7]
Areas within 400 feet of a community water system
well as specified in § NR 811.16(4), Wis. Adm. Code, or
within 100 feet of a private well as specified in § NR 812.08(4),
Wis. Adm. Code, for runoff infiltrated from commercial, industrial
and institutional land uses or regional devices for residential development.
[8]
Areas where contaminants of concern, as defined
in § NR 720.03(2), Wis. Adm. Code, are present in the soil
through which infiltration will occur.
[9]
Any area where the soil does not exhibit one
of the following soil characteristics between the bottom of the infiltration
system and the seasonal high groundwater and top of bedrock: at least
a three-foot soil layer with 20% fines or greater or at least a five-foot
soil layer with 10% fines or greater. This does not apply where the
soil medium within the infiltration system provides an equivalent
level of protection. This subsection does not prohibit infiltration
of roof runoff.
|
Note to users: The areas listed in this subsection
are prohibited from infiltrating runoff due to the potential for groundwater
contamination.
|
(f)
Exemptions. The following are not required to
meet the requirements of this subsection:
[1]
Areas where the infiltration rate of the soil
is less than 0.6 inch per hour measured at the site.
[2]
Parking areas and access roads less than 5,000
square feet for commercial and industrial development.
[3]
Redevelopment post-construction sites.
[4]
Infill development areas less than five acres.
[5]
Infiltration areas during periods when the soil
on the site is frozen.
[6]
Roads in commercial, industrial and institutional
land uses, and arterial residential roads.
(g)
Where alternate uses of runoff are employed,
such as for toilet flushing, laundry or irrigation, such alternate
use shall be given equal credit toward the infiltration volume required
by this subsection.
(h)
Preventive action limit.
[1]
Infiltration systems designed in accordance
with this subsection shall, to the extent technically and economically
feasible, minimize the level of pollutants infiltrating to groundwater
and shall maintain compliance with the preventive action limit at
a point of standards application in accordance with Ch. NR 140, Wis.
Adm. Code. However, if site-specific information indicates that compliance
with a preventive action limit is not achievable, the infiltration
BMP may not be installed or shall be modified to prevent infiltration
to the maximum extent practicable.
[2]
Notwithstanding Subsection C(3)(h)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
(4)
Protective areas.
(a)
"Protective area" means an area of land that
commences at the top of the channel of lakes, streams and rivers,
or at the delineated boundary of wetlands, and that is the greatest
of the following widths, as measured horizontally from the top of
the channel or delineated wetland boundary to the closest impervious
surface. However, in this subsection, "protective area" does not include
any area of land adjacent to any stream enclosed within a pipe or
culvert, such that runoff cannot enter the enclosure at this location.
[1]
For outstanding resource waters and exceptional
resource waters, and for wetlands in areas of special natural resource
interest as specified in § NR 103.04, Wis. Adm. Code, 75
feet.
[2]
For perennial and intermittent streams identified
on a United States Geological Survey 7.5 minute series topographic
map, or a county soil survey map, whichever is more current, 50 feet.
[3]
For lakes, 50 feet.
[4]
For highly susceptible wetlands, 50 feet. Highly
susceptible wetlands include the following types: fens, sedge meadows,
bogs, low prairies, conifer swamps, shrub swamps, other forested wetlands,
fresh wet meadows, shallow marshes, deep marshes and seasonally flooded
basins. Wetland boundary delineations shall be made in accordance
with § NR 103.08(1m), Wis. Adm. Code. This subsection does
not apply to wetlands that have been completely filled in accordance
with all applicable state and federal regulations. The protective
area for wetlands that have been partially filled in accordance with
all applicable state and federal regulations shall be measured from
the wetland boundary delineation after fill has been placed.
[5]
For less susceptible wetlands, 10% of the average
wetland width, but no less than 10 feet nor more than 30 feet. Less
susceptible wetlands include degraded wetlands dominated by invasive
species such as reed canary grass.
[6]
In Subsection C(4)(a)[1], [4] and [5], determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in § NR 103.03, Wis. Adm. Code.
[7]
For concentrated flow channels with drainage
areas greater than 130 acres, 10 feet.
(b)
This subsection applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection C(4)(d).
(c)
The following requirements shall be met:
[1]
Impervious surfaces shall be kept out of the
protective area to the maximum extent practicable. The stormwater
management plan shall contain a written site-specific explanation
for any parts of the protective area that are disturbed during construction.
[2]
Where land disturbing construction activity
occurs within a protective area, and where no impervious surface is
present, adequate sod or self-sustaining vegetative cover of 70% or
greater shall be established and maintained. The adequate sod or self-sustaining
vegetative cover shall be sufficient to provide for bank stability,
maintenance of fish habitat and filtering of pollutants from upslope
overland flow areas under sheet flow conditions. Nonvegetative materials,
such as rock riprap, may be employed on the bank as necessary to prevent
erosion, such as on steep slopes or where high velocity flows occur.
|
Note to users: It is recommended that seeding
of nonaggressive vegetative cover be used in the protective areas.
Vegetation that is flood and drought tolerant and can provide long-term
bank stability because of an extensive root system is preferable.
Vegetative cover can be measured using the line transect method described
in the University of Wisconsin Extension publication number A3533,
titled "Estimating Residue Using the Line Transect Method."
|
[3]
Best management practices such as filter strips,
swales, or wet detention basins that are designed to control pollutants
from nonpoint sources may be located in the protective area.
|
Note to users: Other regulations, such as Ch. 30, Wis. Stats., and Chs. NR 103, 115, 116 and 117, Wis. Adm. Code, and their associated review and approval process may apply in the protective area.
|
(d)
This subsection does not apply to:
[1]
Redevelopment post-construction sites;
[2]
Infill development areas less than five acres;
[3]
Structures that cross or access surface waters, such as boat landings,
bridges and culverts;
[4]
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.; or
[5]
Post-construction sites from which runoff does not enter the surface
water, except to the extent that vegetative ground cover is necessary
to maintain bank stability.
|
Note to users: A vegetated protective area to filter runoff pollutants from post-construction sites described in Subsection C(4)(d)[5] is not necessary since runoff is not entering the surface water at that location. Other practices, necessary to meet the requirements of this section, such as a swale or basin, will need to be designed and implemented to reduce runoff pollutants before the runoff enters a surface water of the state.
|
(5)
Fueling and vehicle maintenance areas. Fueling and
vehicle maintenance areas shall, to the maximum extent practicable,
have BMPs designed, installed and maintained to reduce petroleum within
runoff, such that the runoff that enters waters of the state contains
no visible petroleum sheen.
|
Note to users: A combination of the following
BMPs may be used: oil and grease separators, canopies, petroleum spill
cleanup materials, or any other structural or nonstructural method
of preventing or treating petroleum in runoff.
|
(6)
Swale treatment for transportation facilities.
(a)
Applicability. Except as provided in Subsection C(6)(b), transportation facilities that use swales for runoff conveyance and pollutant removal meet all of the requirements of this section, if the swales are designed to the maximum extent practicable to do all of the following:
[1]
Be vegetated. However, where appropriate, nonvegetative
measures may be employed to prevent erosion or provide for runoff
treatment, such as rock riprap stabilization or check dams.
|
Note to users: It is preferred that tall and
dense vegetation be maintained within the swale due to its greater
effectiveness at enhancing runoff pollutant removal.
|
[2]
Carry runoff through a swale for 200 feet or
more in length that is designed with a flow velocity no greater than
1.5 feet per second for the peak flow generated using either a two-year,
twenty-four-hour design storm or a two-year storm with a duration
equal to the time of concentration as appropriate. If a swale of 200
feet in length cannot be designed with a flow velocity of 1.5 feet
per second or less, then the flow velocity shall be reduced to the
maximum extent practicable.
|
Note to users: Check dams may be included in
the swale design to slow runoff flows and improve pollutant removal.
Transportation facilities with continuous features such as curb and
gutter, sidewalks or parking lanes do not comply with the design requirements
of this subsection. However, a limited amount of structural measures
such as curb and gutter may be allowed as necessary to account for
other concerns such as human safety or resource protection.
|
|
Note to users: The Department of Natural Resource's
regional stormwater staff can determine if additional BMPs, beyond
a water quality swale, are needed under this paragraph.
|
(b)
Exemptions. The Village Engineer may, consistent
with water quality standards, require that other provisions of this
section be met on a transportation facility with an average daily
travel of vehicles greater than 2,500 and where the initial surface
water of the state that the runoff directly enters is any of the following:
[1]
An outstanding resource water;
[2]
An exceptional resource water;
[3]
Waters listed in Section 303(d) of the Federal Clean Water Act that
are identified as impaired, in whole or in part, due to nonpoint source
impacts; or
[4]
Waters where targeted performance standards are developed under § NR
151.004, Wis. Adm. Code, to meet water quality standards.
D.
General considerations for on-site and off-site stormwater
management measures. The following considerations shall be observed
in managing runoff:
(1)
Natural topography and land cover features such as
natural swales, natural depressions, native soil infiltrating capacity,
and natural groundwater recharge areas shall be preserved and used,
to the extent possible, to meet the requirements of this section.
(2)
Emergency overland flow for all stormwater facilities
shall be provided to prevent exceeding the safe capacity of downstream
drainage facilities and prevent endangerment of downstream property
or public safety.
E.
Location and regional treatment option.
(1)
The BMPs may be located on site or off site as part
of a regional stormwater device, practice or system.
(2)
Post-construction runoff within a nonnavigable surface
water that flows into a BMP, such as a wet detention pond, is not
required to meet the performance standards of this article. Post-construction
BMPs may be located in nonnavigable surface waters.
(3)
Except as allowed under Subsection E(4), post-construction runoff from new development shall meet the post-construction performance standards prior to entering a navigable surface water.
(4)
Post-construction runoff from any development within a navigable surface water that flows into a BMP is not required to meet the performance standards of this article if the BMP was constructed prior to the effective date of this article and the BMP either received a permit issued under Ch. 30, Wis. Stats., or the BMP did not require a Ch. 30, Wis. Stats., permit and the BMP is designed to provide runoff treatment from future upland development.
(5)
Runoff from existing development, redevelopment and
infill areas shall meet the post-construction performance standards
in accordance with this subsection.
(a)
To the maximum extent practicable, BMPs shall
be located to treat runoff prior to discharge to navigable surface
waters.
(b)
Post-construction BMPs for such runoff may be located in a navigable surface water if allowable under all other applicable federal, state and local regulations, such as Ch. NR 103, Wis. Adm. Code, and Ch. 30, Wis. Stats.
|
Note to users: This allows the location of BMPs
in navigable surface waters where necessary to augment management
practices upstream of the navigable surface water to meet the performance
standards.
|
(6)
The discharge of runoff from a BMP, such as a wet
detention pond, or after a series of such BMPs is subject to this
article.
|
Note to users: This section does not supersede any other applicable federal, state or local regulation, such as Ch. NR 103, Wis. Adm. Code, and Ch. 30, Wis. Stats.
|
(7)
The Village Engineer may approve off-site management
measures, provided that all of the following conditions are met:
(a)
The Village Engineer determines that the post-construction
runoff is covered by a stormwater management system plan that is approved
by the Village of East Troy and that contains management requirements
consistent with the purpose and intent of this article.
(b)
The off-site facility:
[1]
Is in place;
[2]
Is designed and adequately sized to provide a level of stormwater
control equal to or greater than that which would be afforded by on-site
practices meeting the performance standards of this article; and
[3]
Has a legally obligated entity responsible for its long-term operation
and maintenance.
(8)
Where a regional treatment option exists such that
the Village Engineer exempts the applicant from all or part of the
minimum on-site stormwater management requirements, the applicant
shall be required to pay a fee in an amount determined in negotiation
with the Village Board. In determining the fee for post-construction
runoff, the Village Engineer shall consider an equitable distribution
of the cost for land, engineering design, construction, and maintenance
of the regional treatment option.
F.
Alternate requirements. The Village Engineer may establish
stormwater management requirements more stringent than those set forth
in this section if he or she determines that an added level of protection
is needed to protect sensitive resources.
A.
The general steps outlined below shall be used in
the review of an application for a stormwater permit.
(1)
Presubmittal meeting. The applicant or the applicant's
agent may meet with the Village Engineer to review applicable regulations
and procedures and the project.
(2)
Submittal of application materials. The applicant
shall submit a completed application and other required materials
to the Village Engineer along with the application fee as may be established
by the Village Board.
(3)
Completeness check. Within 10 business days of submittal,
the Village Engineer shall determine whether the application is complete
or incomplete. If the Village Engineer determines that the application
is incomplete, he or she shall notify the applicant of the deficiencies.
If the application is incomplete, the applicant has three months to
resubmit the application or forfeit the application fee. The Village
Engineer shall take no further steps to process the application until
the deficiencies are remedied. The incomplete application shall be
retained as a public record.
(4)
Review and decision. The Village Engineer shall render
a decision based on the requirements of this article within six business
days of when the application is deemed complete. If the application
is denied, the Village Engineer shall state in writing the reasons
for denial.
B.
The Village Engineer may request additional information
from the applicant. If additional information is submitted, the Village
Engineer shall have six business days from the date the additional
information is received to render a decision.
A.
All permits issued under this article are subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions. The Village Engineer may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Village Engineer to suspend or revoke an approved permit may be appealed in accordance with § 483-47.
(1)
Compliance with this permit does not relieve the responsible
party of the responsibility to comply with other applicable federal,
state, and local laws and regulations.
(2)
The responsible party shall design and install all
structural and nonstructural stormwater management measures in accordance
with the approved stormwater management plan and this permit.
(3)
The responsible party shall notify the Village Engineer at least three business days before commencing any work in conjunction with the stormwater management plan and within five business days upon completion of the stormwater management practices. If required as a special condition under Subsection B, the responsible party shall make additional notification according to a schedule set forth by the Village Engineer so that practice installations can be inspected during construction.
(4)
Practice installations required as part of this article
shall be certified "as built" by a licensed professional engineer.
Completed stormwater management practices must pass a final inspection
by the Village Engineer to determine if they are in accordance with
the approved stormwater management plan and this article. The Village
Engineer shall notify the responsible party in writing of any changes
required in such practices to bring them into compliance with the
conditions of the approved permit.
(5)
The responsible party shall notify the Village Engineer
of any significant modifications it intends to make to an approved
stormwater management plan. The Village Engineer may require that
the proposed modifications be submitted to it for approval prior to
incorporation into the stormwater management plan and execution by
the responsible party.
(6)
The responsible party shall maintain all stormwater
management practices in accordance with the stormwater management
plan until the practices either become the responsibility of the Village
of East Troy or are transferred to subsequent private owners as specified
in the approved maintenance agreement.
(7)
The responsible party authorizes the Village of East Troy to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan and consents to a special assessment or charge against the property as authorized under Subchapter VII of Ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 483-41.
(8)
If so directed by the Village Engineer, the responsible
party shall repair at the responsible party's own expense all damage
to adjoining municipal facilities and drainageways caused by runoff,
where such damage is caused by activities that are not in compliance
with the approved stormwater management plan.
(9)
The responsible party shall permit property access
to the Village Engineer or designee for the purpose of inspecting
the property for compliance with the approved stormwater management
plan and the permit.
(10)
Where site development or redevelopment involves
changes in direction, increases in peak rate and/or total volume of
runoff from a site, the Village Engineer may require the responsible
party to make appropriate legal arrangements with affected property
owners concerning the prevention of endangerment to property or public
safety.
(11)
The responsible party is subject to the enforcement
actions and penalties described in this article if the responsible
party fails to comply with the terms of an approved permit.
A.
Establishment of the guarantee. The Village Engineer
may require the submittal of a financial guarantee, the form and type
of which shall be acceptable to the Village Engineer. The financial
guarantee shall be in an amount determined by the Village Engineer
to be the estimated cost of construction and the estimated cost of
maintenance of the stormwater management practices during the period
which the designated party in the maintenance agreement has maintenance
responsibility. The financial guarantee shall give the Village of
East Troy the authorization to use the funds to complete the stormwater
management practices if the responsible party defaults or does not
properly implement the approved stormwater management plan, upon written
notice to the responsible party by the Village Engineer that the requirements
of this article have not been met.
B.
Conditions for release. Conditions for the release
of the financial guarantee are as follows:
(1)
The Village Engineer shall release the portion of
the financial guarantee established under this section, less any costs
incurred by the Village of East Troy to complete installation of practices,
upon submission of as-built plans by a licensed professional engineer.
The Village Engineer may make provisions for a partial pro rata release
of the financial guarantee based on the completion of various development
stages.
(2)
The Village Engineer shall release the portion of
the financial guarantee established under this section to assure maintenance
of stormwater practices, less any costs incurred by the Village of
East Troy, at such time that the responsibility for practice maintenance
is passed on to another entity via an approved maintenance agreement.
A permit issued under this article shall be
valid from the date of issuance through the date the Village Engineer
notifies the responsible party that all required stormwater management
practices have passed the final inspection.
A.
Preparation. A stormwater management plan shall be
prepared by an individual qualified to prepare such plan.
B.
Generally. A stormwater management plan shall be designed
and implemented to meet the technical and performance standards enumerated
in this article.
C.
Standard stormwater management plan. A stormwater
management plan shall include, at a minimum, the following items:
(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; and person(s) responsible for maintenance
of stormwater management practices prior to the transfer, if any,
of maintenance responsibility to another party.
(2)
A proper legal description of the property proposed
to be developed, referenced to the U.S. Public Land Survey system
or to block and lot numbers within a recorded land subdivision plat.
(3)
Pre-development site conditions, including:
(a)
One or more site maps at a scale of not less
than one inch equals 100 feet. The site maps shall show the following:
site location and legal property description; predominant soil types
and hydrologic soil groups; existing cover type and condition; topographic
contours of the site at a scale not to exceed five 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; watershed boundaries
used in hydrology determinations to show compliance with performance
standards; lakes, streams, wetlands, channels, ditches, and other
watercourses on and immediately adjacent to the site; limits of the
one-hundred-year floodplain; and location of wells and wellhead protection
areas covering the project area and delineated pursuant to § NR
811.16, Wis. Adm. Code.
(b)
Hydrology and pollutant loading computations
as needed to show compliance with performance standards. All major
assumptions used in developing input parameters shall be clearly stated.
The geographic areas used in making the calculations shall be clearly
cross-referenced to the required map(s).
(4)
Post-development site conditions, including:
(a)
Explanation of the provisions to preserve and
use natural topography and land cover features to minimize changes
in peak flow runoff rates and volumes to surface waters and wetlands.
(b)
Explanation of any restrictions on stormwater
management measures in the development area imposed by wellhead protection
plans and ordinances.
(c)
One or more site maps at a scale of not less
than one inch equals 100 feet showing the following: post-construction
pervious areas, including vegetative cover type and condition; impervious
surfaces, including all buildings, structures, and pavement; post-construction
topographic contours of the site at a scale not to exceed five feet;
post-construction drainage network, including enough of the contiguous
properties to show runoff patterns onto, through, and from the site;
locations and dimensions of drainage easements; locations of maintenance
easements specified in the maintenance agreement; flow path and direction
for all stormwater conveyance sections; location and type of all stormwater
management conveyance and treatment practices, including the on-site
and off-site tributary drainage area; location and type of conveyance
system that will carry runoff from the drainage and treatment practices
to the nearest adequate outlet, such as a curbed street, storm drain,
or natural drainageway; watershed boundaries used in hydrology and
pollutant loading calculations; and any changes to lakes, streams,
wetlands, channels, ditches, and other watercourses on and immediately
adjacent to the site.
(d)
Hydrology and pollutant loading computations
as needed to show compliance with performance standards. The computations
shall be made for each discharge point in the development, and the
geographic areas used in making the calculations shall be clearly
cross-referenced to the required map(s).
(e)
Results of investigations of soils and groundwater
required for the placement and design of stormwater management measures.
(f)
Detailed drawings, including cross sections
and profiles, of all permanent stormwater conveyance and treatment
practices.
(5)
A description and installation schedule for the stormwater management practices needed to meet the performance standards in § 483-37.
(6)
A maintenance plan developed for the life of each
stormwater management practice, including the required maintenance
activities and maintenance activity schedule.
(7)
Cost estimates for the construction, operation, and
maintenance of each stormwater management practice.
(8)
Other information requested in writing by the Village
Engineer to determine compliance of the proposed stormwater management
measures with the provisions of this article.
D.
Certification. 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 requirements of this article.
A.
Maintenance agreement required. The responsible party
shall prepare and submit a maintenance agreement to provide for the
long-term maintenance of stormwater practices. The maintenance agreement
shall be recorded with the Walworth County Register of Deeds as a
property deed restriction so that it is binding upon all subsequent
owners of the land served by the stormwater management practices.
B.
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 483-43C(6):
(1)
Identification of the stormwater facilities and designation
of the drainage area served by the facilities.
(2)
A schedule for regular maintenance of each aspect
of the stormwater management system consistent with the approved stormwater
management plan.
(3)
Identification of the responsible party(s), organization
or city, county, town or village responsible for long-term maintenance
of the stormwater management practices identified in the approved
stormwater management plan.
(4)
Requirement that the responsible party(s), organization, or city, county, town or village shall maintain stormwater management practices in accordance with the schedule included in Subsection B(2).
(5)
Authorization for the Village Engineer to access the
property to conduct inspections of stormwater management practices
as necessary to ascertain that the practices are being maintained
and operated in accordance with the agreement.
(6)
A requirement for the Village Engineer to maintain
public records of the results of the site inspections, to inform the
party responsible for maintenance of the inspection results, and to
specifically indicate any corrective actions required to bring the
stormwater management practice into proper working condition.
(7)
Agreement that the party designated under Subsection B(3) as responsible for long-term maintenance of the stormwater management practices shall be notified by the Village Engineer of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Village Engineer.
(8)
Authorization for the Village Engineer to perform the corrective actions identified in the inspection report if the responsible party designated under Subsection B(3) does not make the required corrections in the specified time period. The Village Engineer shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subchapter VI of Ch. 66, Wis. Stats.
(9)
Any other provision as may be necessary to accomplish
the purposes of this article.
A.
Assessment of fees. From time to time, the Village
Board may by resolution establish application fees and other charges
it deems necessary in the administration of this article.
B.
Timing for payment. Application fees shall be paid
at the time the application is submitted for review.
C.
Doubling of application fee. If an activity which
requires prior authorization under this article is started before
the authorization is granted, the application fee is automatically
doubled unless the Village Board specifically establishes a different
fee by resolution. Payment of such fee shall not release the applicant
from full compliance with this article nor from prosecution for violation
of this article.
D.
Refunds. Application fees are nonrefundable, except
when the application and fee were accepted by the Village Engineer
or Village staff in error.
It is the responsibility of those undertaking
development projects within the Village to obtain all applicable permits
and other approvals as may be required by the Village of East Troy,
Walworth County, and federal and state authorities.
The Zoning Board of Appeals established under Chapter 510, Zoning, of this Code shall hear and decide administrative appeals where it is alleged that there is error in any order, decision, or determination made by the Village Engineer in administering this article, except for cease and desist orders obtained under § 483-49. The procedures and requirements established in Chapter 510 shall apply.
The Zoning Board of Appeals established under Chapter 510, Zoning, of this Code shall hear and decide variances. The procedures and requirements established in Chapter 510 shall apply, except that in making its decision the Board shall only grant a variance if the requested variance is not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of this article will likely result in an unnecessary hardship.
A.
Any land disturbing construction activity or post-construction
runoff initiated after the effective date of this article by any person,
firm, association, or corporation subject to the provisions of this
article shall be deemed a violation unless conducted in accordance
with the requirements of this article.
B.
The Village Engineer shall notify the responsible
party by certified mail of any noncomplying land disturbing construction
activity or post-construction runoff. The notice shall describe the
nature of the violation, remedial actions needed, a schedule for remedial
action, and additional enforcement action which may be taken.
C.
Upon receipt of written notification from the Village Engineer under Subsection B, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Village Engineer in the notice.
D.
If the violations of a permit issued pursuant to this
article are likely to result in damage to properties, public facilities,
or waters of the state, the Village Engineer may enter the land and
take emergency actions necessary to prevent such damage. The costs
incurred by the Village Engineer plus interest and legal costs shall
be billed to the responsible party.
E.
The Village Engineer is authorized to post a stop-work
order on all land disturbing construction activity that is in violation
of this article or to request the Village Attorney to obtain a cease
and desist order in any court with jurisdiction.
F.
The Village Engineer may revoke a permit issued under
this article for noncompliance with the provisions of this article.
G.
Any permit revocation, stop-work order, or cease and
desist order shall remain in effect unless retracted by the Village
Engineer or by a court with jurisdiction.
H.
The Village Engineer is authorized to refer any violation
of this article, or of a stop-work order or cease and desist order
issued pursuant to this article, to the Village Attorney for the commencement
of further legal proceedings in any court with jurisdiction.
I.
Any person, firm, association, or corporation who or which does not comply with the provisions of this article shall be subject to a penalty as provided in § 1-4 of this Code per offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.
J.
Compliance with the provisions of this article may
also be enforced by injunction in any court with jurisdiction. [Injunctional
orders are authorized pursuant to § 62.23(8), Wis. Stats.]
It shall not be necessary to prosecute for forfeiture or a cease and
desist order before resorting to injunctional proceedings.
K.
When the Village Engineer determines that the holder of a permit issued pursuant to this article has failed to follow practices set forth in the approved stormwater management plan or has failed to comply with schedules set forth in the approved stormwater management plan, the Village Engineer or designee may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The Village Engineer 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 § 483-41 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.
[Added 6-4-2018 by Ord. No. 2018-05]
A.
Development projects located within 10,000 feet of the East Troy
Airport, as depicted in Exhibit A,[1] must comply with the most current version of FAA advisory
circular 150/5200-33B. Among other requirements, stormwater management
practices may not include any pond that does not drain within 48 hours.
[1]
Editor's Note: Exhibit A is on file in the Village offices.
B.
Existing stormwater facilities within 10,000 feet of the East Troy
Airport that do not necessarily comply with FAA standards are allowed
to continue as set forth in the aforementioned publication.
