Town of Buchanan, WI
Outagamie County
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Table of Contents
Table of Contents
[Adopted 1-21-2014 by Ord. No. 2014-03]
A. 
This article is adopted under the authority granted by § 60.627, Wis. Stats. This article supersedes all conflicting and contradictory stormwater management regulations previously enacted under § 60.62, Wis. Stats., that relate to postconstruction stormwater management. Except as otherwise specified in § 60.627 Wis. Stats., § 60.62, 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 same governing body.
C. 
The Town Board hereby designates the Town Administrator to administer and enforce the provisions of this article.
[Amended 11-10-2016 by Res. No. 2016-05]
D. 
The requirements of this article do not preempt more stringent erosion and sediment control requirements that may be imposed by any of the following:
(1) 
Wisconsin Department of Natural Resources administrative rules, permits or approvals including those authorized under §§ 281.16 and 283.33, Wis. Stats.
(2) 
Targeted nonagricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under Ch. NR 151.004, Wis. Adm. Code.
The Town Board finds that uncontrolled, postconstruction 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 postconstruction 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, 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.
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, postconstruction 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.
(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 Town Board that this article regulates postconstruction stormwater discharges to waters of the state. This article may be applied on a site-by-site basis. The Town Board 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 Town Board, it is the intent of this article that the approved plan be used to identify postconstruction management measures acceptable for the community.
[Amended 11-10-2016 by Res. No. 2016-05]
The code provisions described and defining regulations with respect to stormwater management in Chapter 48, Outagamie County Municipal Code, are hereby adopted and by reference made a part of this article as if fully set forth herein. Any act required to be performed or prohibited by a code provision incorporated herein by reference is required or prohibited by this article. Any further amendments, revisions or modifications of the code provisions incorporated herein are intended to be made part of this article to ensure uniform county-wide erosion and sediment controls. A copy of the Outagamie County Municipal Code provisions and any further amendments shall be kept on file in the Town Administrator's office.
This article applies to postconstruction sites within the boundaries and jurisdiction of the Town of Buchanan.
A. 
Permit required. No responsible party may undertake a land-disturbing construction activity without receiving a postconstruction stormwater permit from the Town of Buchanan prior to commencing the proposed activity.
B. 
Permit application and fees. Unless specifically excluded by this article, any responsible party desiring a permit shall submit to the Town of Buchanan a permit application made on a form provided by the Town of Buchanan for that purpose.
(1) 
Unless otherwise excepted by this article, a permit application must be accompanied by a stormwater management plan, a maintenance agreement and a nonrefundable permit application fee.
(2) 
The stormwater management plan shall be prepared to meet the requirements of this article, the maintenance agreement shall be prepared to meet the requirements of § 504-31, the financial guarantee shall meet the requirements of § 504-32, and fees shall be those established by the Town Board as set forth in § 504-33.
C. 
Review and approval of permit application. The Town of Buchanan 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 20 business days of the receipt of a complete permit application, including all items as required by Subsection B, the Town of Buchanan shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements 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 Town of Buchanan shall issue the permit.
(3) 
If the stormwater permit application, plan or maintenance agreement is disapproved, the Town of Buchanan shall detail in writing the reasons for disapproval.
(4) 
The Town of Buchanan may request additional information from the applicant. If additional information is submitted, the Town of Buchanan shall have 20 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 Town of Buchanan to inform the permit applicant of a decision within 20 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 requirements. 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 Town of Buchanan may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Town of Buchanan to suspend or revoke this permit may be appealed in accordance with § 504-36.
(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 Town of Buchanan at least 10 business days before commencing any work in conjunction with the stormwater management plan, and within 10 business days upon completion of the stormwater management practices. If required as a special condition under Subsection E, the responsible party shall make additional notification according to a schedule set forth by the Town of Buchanan 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 Town of Buchanan or its designee to determine if they are in accordance with the approved stormwater management plan and ordinance. The Town of Buchanan or its designee shall notify the responsible party in writing of any changes required in such practices to bring them into compliance with the conditions of this permit.
(5) 
The responsible party shall notify the Town of Buchanan of any significant modifications it intends to make to an approved stormwater management plan. The Town of Buchanan 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 Town Board, or are transferred to subsequent private owners as specified in the approved maintenance agreement.
(7) 
The responsible party authorizes the Town of Buchanan 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 § 504-32.
(8) 
If so directed by the Town of Buchanan, 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 Town of Buchanan or its designee for the purpose of inspecting the property for compliance with the approved stormwater management plan and this 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 Town of Buchanan 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 detailed in § 504-35, if the responsible party fails to comply with the terms of this permit.
(12) 
The permit applicant shall post the "certificate of permit coverage" in a conspicuous location at the construction site.
E. 
Permit conditions. Permits issued under this section may include conditions established by the Town of Buchanan in addition to the requirements needed to meet the performance standards in § 504-28 or a financial guarantee as provided for in § 504-32.
F. 
Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the Town of Buchanan notifies the responsible party that all stormwater management practices have passed the final inspection required under Subsection D(4).
G. 
Alternate requirements. The Town of Buchanan may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 504-28 or for applicants seeking a permit for a postconstruction site with less than 20,000 square feet of impervious surface disturbance.
A. 
Maintenance agreement required. The maintenance agreement required under § 504-30B(2) for stormwater management practices shall be an agreement between the Town of Buchanan and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.
B. 
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 504-30B(2):
(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 required under § 504-28.
(3) 
Identification of the responsible party(ies), organization or city, county, town or village responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan required under § 504-30B(2).
(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 Town of Buchanan or its designee 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 on the Town of Buchanan to maintain public records of the results of the site inspections, to inform the responsible party responsible for maintenance of the inspection results, and to specifically indicate any corrective actions required to bring the stormwater management practice into proper working condition.
(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 Town of Buchanan of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Town of Buchanan.
(8) 
Authorization of the Town of Buchanan to perform the corrected 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 Town of Buchanan shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subchapter VII of Ch. 66, Wis. Stats.
C. 
Alternate requirements. The Town of Buchanan may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 504-28 or for applicants seeking a permit for a postconstruction site with less than 20,000 square feet of impervious surface disturbance.
A. 
Establishment of the guarantee. The Town of Buchanan may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the Town of Buchanan. The financial guarantee shall be in an amount determined by the Town of Buchanan 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 Town of Buchanan 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 Town of Buchanan 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 Town of Buchanan shall release the portion of the financial guarantee established under this section, less any costs incurred by the Town of Buchanan to complete installation of practices, upon submission of as-built plans by a licensed professional engineer. The Town of Buchanan may make provisions for a partial pro-rata release of the financial guarantee based on the completion of various development stages.
(2) 
The Town of Buchanan shall release the portion of the financial guarantee established under this section to assure maintenance of stormwater practices, less any costs incurred by the Town of Buchanan, at such time that the responsibility for practice maintenance is passed onto another entity via an approved maintenance agreement.
C. 
Alternate requirements. The Town of Buchanan may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 504-28 or for applicants seeking a permit for a postconstruction site with less than 20,000 square feet of impervious surface disturbance.
The fees referred to in other sections of this article shall be established by the Town Board and may from time to time be modified by resolution. A schedule of the fees established by the Town Board shall be available for review at the Town of Buchanan Town Hall.
If land-disturbing construction activities are being carried out without a permit required by this article, the Town of Buchanan or its designee may enter the land pursuant to the provisions of § 66.0119(1), (2) and (3), Wis. Stats.
A. 
The Town of Buchanan may post a stop-work order if any of the following occurs:
(1) 
Any land-disturbing construction activity regulated under this article is being undertaken without a permit.
(2) 
The stormwater management plan is not being implemented in a good faith manner.
(3) 
The conditions of the permit are not being met.
B. 
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 stormwater management plan or permit conditions, the Town of Buchanan may revoke the permit.
C. 
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the Town of Buchanan, or if a responsible party violates a stop-work order posted under Subsection A, the Town of Buchanan may request the Town Attorney to obtain a cease and desist order in any court with jurisdiction.
D. 
The Town of Buchanan's administering authority or Board of Adjustment may retract the stop-work order issued under Subsection A or the permit revocation under Subsection B.
E. 
After posting a stop-work order under Subsection A, the Town of Buchanan may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this article. The Town of Buchanan 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 Town of Buchanan, plus interest and an administrative fee at a rate authorized by the Town Board shall be billed to the responsible party or recovered from the surety bond, cash escrow, or irrevocable letter of credit. In the event a responsible party fails to pay the amount due, the Administrator shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Subchapter VII of Ch. 66, Wis. Stats.
[Amended 11-10-2016 by Res. No. 2016-05]
F. 
Any person violating any of the provisions of this article shall be subject to a forfeiture of not less than $25 nor more than $500 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.
G. 
Compliance with the provisions of 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 resorting to injunctional proceedings.
A. 
Board of Adjustment. The Board of Adjustment created pursuant to Article XIV of Ch. 525 of the Town of Buchanan ordinances and pursuant to § 60.65, Wis. Stats.:
(1) 
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Town of Buchanan in administering this article except for cease and desist orders obtained under § 504-35C;
(2) 
Upon appeal, 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 provisions of the article will result in unnecessary hardship; and
(3) 
Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.
B. 
Who may appeal. Appeals to the Board of Adjustment may be taken by any aggrieved person or by any office, department, board, or bureau affected by any decision of the Town of Buchanan.
C. 
Court action. This section does not apply to determinations made regarding this article in either municipal court or circuit court. In such circumstances the appeal procedure shall be that set forth for appealing municipal court decisions and/or circuit court decisions as applicable.
If a court of competent jurisdiction judges any section, clause, provision or portion of this article unconstitutional or invalid, the remainder of the article shall remain in force and not be affected by such judgment.
This article shall be in force and effect from and after its adoption and publication. The above and foregoing article was duly adopted by the Town Board of the Town of Buchanan.
Nothing in this article creates or imposes, nor shall be construed to create or impose, any greater obligation or responsibility on the municipality which has adopted this article than those minimum requirements specifically required by State of Wisconsin Statutes and Department of Natural Resources regulations.