[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.
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:
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.
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 Appeals. The Board of Appeals created pursuant to Article XIV of Ch. 525 of the Town of Buchanan ordinances and pursuant to § 60.65, Wis. Stats.:
[Amended 11-13-2018 by Ord. No. 2018-08]
(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 Appeals may be taken by any
aggrieved person or by any office, department, board, or bureau affected
by any decision of the Town of Buchanan.
[Amended 11-13-2018 by Ord. No. 2018-08]
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.
