A.
Purpose.
(1)
It is the purpose of this chapter 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 within Howards Grove.
(2)
The general purpose of this chapter 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]
(a)
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.
[1]
Editor's Note: Original Sec. 14-2-2(a)2a, regarding the furthering of safe and healthful conditions, and Sec. 14-2-2(a)2b, regarding the prevention and control of adverse effects of stormwater, of the 1993 Code of Ordinances and which immediately and respectively followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II), as duplicative of provisions in Subsection A(1).
B.
Intent. It is the intent of the Board that this chapter regulates
post-construction stormwater discharges to waters of the state. This
chapter may be applied on a site-by-site basis. The Board recognizes,
however, that the preferred method of achieving the stormwater performance
standards set forth in this chapter 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 Director and/or
the Public Works Committee, it is the intent of this chapter that
the approved plan be used to identify post-construction management
measures acceptable for the community.[2]
A.
General.
(1)
This chapter is adopted under the authority granted by Chapters 61,
62 and 66 of the Wisconsin Statutes, including but not limited to
the following specific statutory sections: §§ 61.354,
62.234, 66.0621, 66.0809, 66.0811 and 66.0821.
(2)
The provisions of this chapter shall not be deemed to limit any other
lawful powers of the Board.
(4)
The requirements of this chapter do not preempt more stringent erosion
and sediment control requirements that may be imposed by any of the
following:
B.
This chapter is adopted by the Board under the authority granted
by § 61.354, Wis. Stats. This chapter supersedes all provisions
of an ordinance previously enacted under § 61.35, Wis. Stats.,
that relate to construction site erosion control and post-construction
stormwater management. Except as otherwise specified in § 61.354,
Wis. Stats., § 61.35, Wis. Stats., applies to this chapter
and to any amendments to this chapter.
Nothing contained in this chapter is intended to be a guaranty
against flooding or other damage to property or persons. The adoption
of this chapter shall not be construed as a waiver of the Village's
statutory and common law rights of immunity against claims. All rights
are reserved. Furthermore, in carrying out the provisions of this
chapter, there shall be no personal liability against any Village
elected official, officer, employee or agent.
A.
Article II. The Board finds that runoff from land disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state within Howards Grove.
B.
Article III. The 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:
(1)
Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
(2)
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.
(3)
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads.
(4)
Reduce the quality of groundwater by increasing pollutant loading.
(5)
Threaten public health, safety, property and general welfare by overtaxing
storm sewers, drainageways, and other minor drainage facilities.
(6)
Threaten public health, safety, property and general welfare by increasing
major flood peaks and volumes.
(7)
Undermine floodplain management efforts by increasing the incidence
and levels of flooding.
A.
Jurisdiction.
(1)
(a)
Village corporate limits. Land disturbing construction activities
and post-construction stormwater management improvements on construction
sites located within the boundaries and jurisdiction of Howards Grove:
[1]
Ownership. The Village reserves the right to require conformance
with this chapter for all lands that are owned by a party that intends
to develop lands (either in entirety or through subsequent phases);
and
[2]
This chapter specifically applies to all land within approved
developments (residential and nonresidential). Individual lots and
tracts must comply with the approved site development and stormwater
management plans and this chapter.
(b)
Extraterritorial jurisdiction. Land disturbing construction activities and post-construction stormwater management improvements on lands within the extraterritorial plat review jurisdiction subject to Chapter 408, Subdivision of Land, of this Code enacted pursuant to § 236.45(2) and (3), Wis. Stats., even if plat approval is not involved.
This chapter shall be interpreted liberally to secure the ends
sought hereby. In their interpretation and application, the provisions
of this chapter shall be liberally construed in favor of the Village
and shall not be deemed a limitation or repeal of any other power
granted by the Wisconsin Statutes.
A.
This chapter is not intended to repeal, abrogate, annul, impair,
or interfere with any existing easements, covenants, deed restrictions,
agreements, rules, regulations, ordinances or permits previously adopted
or issued pursuant to law.
B.
The provisions of this chapter shall be minimum requirements. Where
the provisions of this chapter conflict with the provisions of any
applicable Village, county, state or federal ordinance, statute, rule
or regulation, the provisions of the more restrictive law shall control
where relevant.
As used in this chapter, the following terms shall have the
meanings indicated:
A governmental employee, or a regional planning commission
empowered under § 61.354, Wis. Stats., that is designated
by the Board to administer this chapter.
The State of Wisconsin Administrative Code.
Has the meaning in§ 281.16(1), Wis. Stats.
Any landowner, land user(s), his agent, or contractor responsible
for submitting and carrying out the requirements of this chapter.
"Applicant" shall also mean any subsequent landowner to whom this
chapter applies.
A calendar year of precipitation, excluding snow, which is
considered typical. An average annual rainfall using either Green
Bay 1969 (March 29 to November 25) or Milwaukee 1969 (March 28 to
December 6) is applicable for the Village.
The Department of Natural Resources "Wisconsin Construction
Site Best Management Practice Handbook," WisDNR publication WR-222,
November 1993 Revision.
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.
The Howards Grove Village Board.[1]
A day the office of the Department of Public Works 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.[2]
The Village Clerk-Treasurer.
A system for conveying both sanitary sewage and stormwater
runoff.
The Howards Grove Public Works Committee.
All lands included within the boundary of a certified survey
or subdivision plat created for the purpose of development or sale
of property where multiple separate and distinct land development
activities may take place at different times and on different schedules.
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
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.
Any person, owner or occupant, firm, partnership, corporation,
municipality, cooperative organization, governmental agency or political
entity provided with stormwater management services by the Village
Stormwater Utility.
With respect to any particular fiscal year and any particular
bond series, an amount equal to the sum of all interest payable on
such bonds during such fiscal year, plus any principal installments
of such bonds during such fiscal year.
The Wisconsin Department of Natural Resources.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall. The storm duration shall be 24 hours.
Twenty-four hour rainfall amounts for the Village are as follows:
Reference Chapter 408, Subdivision of Land, of this Code.
Residential, commercial, industrial or institutional land
uses and associated roads that have impervious area.
The Village Director of Public Works or his designee.
The quantity of runoff discharged from land surface as the
result of a rainfall event.
Reference Chapter 408, Subdivision of Land, of this Code.
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 impervious area of a property relative to the statistical
average impervious area of a single-family residential home within
the Village. One ERU is equal to 3,780 square feet of impervious surface.
The process by which the land's surface is worn away
by the action of wind, water, ice or gravity.
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
Waters listed in § NR 102.11, Wis. Adm. Code.
The condition of the adjacent properties that are present
at the time of the stormwater permit application. This term applies
only for the purpose of properly sizing stormwater BMPs and stormwater
conveyance systems per the requirements of this chapter.
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.
A payment of money to the Village in place of meeting all
or part of the stormwater performance standards required by this chapter.
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 guarantees submitted to the Village by
the responsible party to assure that requirements of this chapter
are carried out in compliance with the stormwater management plan.
A consecutive twelve-month period commencing on the first
day of January of any year.
The Howards Grove Village Board.[3]
The total area, in acres, of all land located within the
property boundary containing the land development activity.
A numerical value expressing the concentration of a substance
in groundwater, which is adopted under § 160.07, Wis. Stats.,
and § NR 140.10, Wis. Adm. Code, or § 160.09,
Wis. Stats., and § NR 140.12, Wis. Adm. Code.
A numerical value expressing the concentration of a substance
in groundwater, which is adopted under § 160.15, Wis. Stats.,
and § NR 140.12, Wis. Adm. Code, or § NR 140.20,
Wis. Adm. Code.
A surface as measured on a horizontal plane which has been
compacted or covered with a layer of material or improvements that
reduce natural infiltration into the soil from rain water or snow
melt. Impervious surfaces release as runoff all or a large portion
of the precipitation that falls on them, except for frozen soil.
Impervious surfaces include but are not limited to all areas
covered by structures, roof extensions and overhangs, patios, porches,
driveways, loading docks, pools, sidewalks, sports courts and driveways
or parking lots. Impervious area shall include driveway/access improvements
that both serve a parcel leading to a public street and are not located
on the subject parcel. Rooftops, sidewalks, driveways, parking lots
and streets are examples of areas that typically are impervious.
Pervious surfaces include but are not limited to elevated decks
that uniformly distribute drainage to underlying soil and areas of
public streets or public sidewalks adjacent to a parcel with the exception
of where a public sidewalk crosses a driveway.
An undeveloped area of land located within or surrounded
by existing development, or existing development and natural or man-made
features. These areas may be served by storm sewer drainage improvements.
The Village may develop a map identifying parcels of land that constitute
infill. The map shall be updated annually. As lands designated as
infill are developed, the land shall no longer be classified as infill,
even though the map has not yet been updated. Map updates shall not
require Public Works Committee or Board approval.
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 activity that changes the volume or peak flow discharge
rate of rainfall runoff or nutrient/sediment load from the land surface.
This term does not include agricultural land use activities.
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 de-watering, filling and grading activities.
Land disturbing construction activity excludes agricultural facilities
and practices, silviculture activities, or routine maintenance for
project sites that involve under five acres of land disturbance that
are performed to maintain the original line and grade, hydraulic capacity,
or original function of the facility.
Any person holding title to or having an interest in land.
Any person operating, leasing, renting, or having made other
arrangements with the landowner by which the landowner authorizes
use of his land.
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 chapter 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.
MEP allows flexibility in the way to meet the performance standards
and may vary based on the performance standard and site conditions.
An area where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of perennial wet conditions.
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
Properties that have no improvements or impervious surface
that contributes additional runoff.
Any developed property not used, primarily, as a permanent
residence, such as a commercial, industrial or municipal/institutional
property.[4]
A discharge to the storm sewer/drainage system created by
some process other than the runoff from precipitation.
A practice, technique, or measure to reduce the volume, peak
flow rate, or pollutants in stormwater that does not require the design
or installation of fixed stormwater management facilities.
A notice required by § NR 151.11 or Ch. NR 216,
Wis. Adm. Code.[5]
The Natural Resources Conservation Service of the United
States Department of Agriculture (USDA) formerly known as the "SCS
(Soil Conservation Service of the USDA)."
Located outside the property boundary described in the permit
application.
Located within the property boundary described in the permit
application.
A system designed to both mitigate flood impacts and provide
adequate treatment of pollutants in stormwater runoff. "Systems" are
defined as being constructed on a particular parcel for which a customer
is billed. "Systems" include but are not limited to rain gardens,
cisterns, infiltration trenches, pretreatment systems, detention and
wet detention/retention basins.
The current expenses, paid or accrued, of operation, maintenance
and current repair of the system. The value shall be calculated using
standard accounting practice and includes, without limitation, insurance
premiums, administrative expenses, labor, executive compensation,
regulatory compliance, materials and supplies used for current operations,
and charges for accumulating reserves for current expenses not annually
incurred, but which may be reasonably be expected to be incurred using
standard accounting practices.
Has the meaning given in § NR 115.03(6), Wis. Adm.
Code.
Development of land uses including but not limited to business
park, commercial, industrial, government and institutional, recreation,
transportation, communication and utilities.
Waters listed in § NR 102.10, Wis. Adm. Code.
The legal unit of land division as recorded by the County
Register of Deeds.
The maximum rate at which a unit volume of stormwater is
discharged. This is commonly expressed in terms of cubic feet per
second (cfs).
The percentage of a given sample of soil which passes through
a Number 200 sieve in accordance with 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.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Director 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 by the permit applicant
for the purpose of recovering the expenses incurred by the authority
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.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
Has the meaning given in § 281.66(1)(c), Wis. Stats.
A construction site following the completion of land disturbing
construction activity and final site stabilization.
Any stormwater discharged from a site following the completion
of land disturbing construction activity and final site stabilization.
The extent and distribution of land cover types anticipated
to occur under conditions of full development that will influence
precipitation runoff and infiltration (also reference "proposed land
use condition").
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. Section 330-23C(5) identifies the respective curve runoff numbers to be used. This term has the purpose of comparing pre- and post-development stormwater peak flows as required by this chapter.
The treatment of stormwater prior to discharge to wetlands,
infiltration practices or the primary stormwater treatment practice.
The goal of pretreatment is to reduce pollutant loads to a level compatible
with the capability of the primary practice.
Has the meaning given in § NR 140.05(17), Wis.
Adm. Code.
The extent and distribution of land cover types anticipated
to occur under conditions of full development that will influence
precipitation runoff and infiltration.
All facilities owned and operated by the Village, County
or Wisconsin Department of Transportation for the purpose of collecting,
conveying, storing, treating, and disposing of stormwater.
A receiving body of water within the Village's corporate
boundaries for which the Village has, or is expected to have, little
or no debt service and/or capital improvement costs. Those portions
of Pigeon River (and its tributaries) located within the Village corporate
limits are qualifying receiving waters.
Areas where development is replacing older development.
The consideration, evaluation and improvement of both significant
natural and man-made drainage areas. Individual project sites typically
are included in regional management areas.
Development that creates structures to house people. This
includes residential dwelling units and surrounding property, including
but not limited to lawns, driveways, sidewalks, garages, and access
streets. This type of development includes single family, multifamily
and apartments.
Any entity holding fee title to the property or performing
services to meet the performance standards of this chapter through
a contract or other agreement.
All rates, charges, assessments, rentals, fines or other
charges or other income received by the Village related to the management
and operation of the system, including amounts received from the investment
or deposit of monies in any fund or account and any amounts contributed
by the Village, all as calculated using standard accounting principles.
Stormwater or precipitation including rain, snow or ice melt
or similar water that moves on the land surface via sheet or channelized
flow. Impervious surfaces prevent runoff from naturally infiltrating
into soil.[6]
An index that represents the combination of a hydrologic
soil group, land use, land cover, impervious area, interception storage,
surface storage, and antecedent moisture conditions. RCNs convert
mass rainfall into mass runoff. The NRCS identifies RCNs in TR-55.
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 owned on which the land disturbing construction activity is proposed
in the permit application.
The site's entire area shall include all lands within the
subject property including public road rights-of-way and easements
and the land area within the individual lot(s).
The site shall include all areas to be developed whether constructed
in phases or in entirety. The Village has a right to reasonably presume
there is an overall intent to develop an entire parcel or adjoining
parcels of land over a period of time when the lands are owned by
the same party or parties. This includes land adjacent to the Village
corporate limits within the 1 1/2 mile extraterritorial jurisdiction.
Lands within the site may not be defined by smaller areas to
avoid compliance with this chapter.
Any physical characteristic that limits the use of a stormwater
best management practice (BMP).
The Source Loading and Management Model.
An order issued by the Director which requires that all construction
activity on the site be stopped.
Any method employed to direct stormwater runoff within and
from land development or redevelopment activities to waters of the
state. Examples include but are not limited to swales, channels and
storm sewers.
Structural or nonstructural practices that are designed to
reduce stormwater runoff pollutant loads, discharge volumes, and/or
peak flow discharge rates.
A comprehensive plan prepared by the land developer, landowner,
or permit holder that is designed to reduce stormwater quantity and
rates and pollutants from the post-development land use condition
to levels that meet the requirements of this chapter. The plan applies
to conditions after the site has undergone final stabilization following
completion of the construction activity.
The tasks required to control stormwater runoff to protect
the health, safety, and welfare of the public and comply with the
State and Federal regulations. They include but are not limited to
street sweeping, erosion control, stormwater basin improvements and
maintenance, culvert and storm sewer maintenance, stormwater testing,
stormwater management planning and related public education.
All public storm sewers, drainage conduits and conveyances,
roadside ditches, curb and gutter, and public greenways, and all improvements
that are the property and responsibility of the Village and/or Stormwater
Utility. These systems are operated to perform the following (without
limitation): conserve water, control discharges from rainfall events,
and incorporate methods to collect, convey, store, absorb, inhibit,
treat, use or reuse water to prevent or reduce flooding, environmental
degradation and water pollution or otherwise affect the quality and
quantity of discharge from such system.
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
That portion of precipitation that does not infiltrate into
the soil and flows from the land surface into natural or man-made
conveyances.
The utility established under this chapter for the purpose
of managing stormwater and imposing charges to recover costs associated
with stormwater management services.
A performance standard that will apply to a specific area
that will require additional practices to meet water quality standards.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method. The following methods shall be used to design the water quality,
peak flow reduction and infiltration components of stormwater practices
to meet the water quality standards of this chapter:
Technical standards identified, developed or disseminated by
the Department through Ch. NR 151, Subch. V, Wis. Adm. Code.
Where technical standards have not been identified or developed
by the Department, other technical standards may be used provided
that the methods have been approved by the Village.
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 highway, railroad, public mass transit facility, public
use airport, public trail and also includes any other public work
for transportation purposes under § 85.095(1)(b), Wis. Stats.
A transportation facility does not include building sites for the
construction of public buildings and buildings that are places of
employment that are regulated by the Department of Safety and Professional
Services pursuant to § 281.33, Wis. Stats.[7]
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.
A real property parcel with no impervious area.
The charge established by the Public Works Committee and
Board on developed property within the corporate limits allocated
for operations, maintenance and administration; capital improvements;
and debt service.
Has the meaning as defined in the Best Management Practices
Handbook.
Has the meaning given in § 281.01(18), Wis. Stats.
The type, quality, and significance of the ecological and
cultural benefits provided by wetland resources, such as: flood storage,
water quality protection, groundwater recharge and discharge, shoreline
protection, fish and wildlife habitat, floral diversity, aesthetics,
recreation, and education.
One full day of time being between Monday and Friday (inclusive)
and not including recognized holidays.
Wisconsin Pollutant Discharge Elimination System.
A permit issued by the Department that authorizes the point
source discharge of stormwater to waters of the state. It is issued
under Ch. 283, Wis. Stats., and is regulated by Ch. NR 216, Wis. Adm.
Code.
[4]
Editor's Note: The definition of "non-stormwater discharge," which immediately followed this definition in the 1993 Code of Ordinances and was one of two definitions of that term, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now the definition of "nonstormwater discharge" that follows.
The fees referred to in other sections of this chapter shall
be established by the Village and may from time to time be modified
by resolution. A schedule of the fees (Rate Schedule) established
by the Board and Public Works Committee shall be available for review
in the Clerk-Treasurer's and Director's office.
The applicant shall deposit a surety bond, irrevocable letter
of credit or three-party cash escrow to guarantee a good faith execution
of the approved erosion control and/or stormwater management plan
and any permit conditions to the Village as a condition of approval
and issuance of the permit.
A.
Establishing security. The applicant shall provide a financial guarantee,
the form and type of which shall be acceptable to the Director and
Village Attorney. The financial guarantee shall be in an amount determined
by the Board and Director 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 required security shall
also be sufficient to reimburse the Village for its reasonable professional
engineering and legal expenses incurred in the review, administration
and enforcement of the permit. The financial guarantee shall give
the Board and Director 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 Director
that the requirements of this chapter have not been met.
B.
Conditions for release. Conditions for the release of the financial
guarantee are as follows:
(1)
The Village shall release the portion of the financial guarantee
established under this section, less any costs incurred by the Village,
to complete installation of practices upon submission of record drawing
plans (i.e., "as built") by a licensed professional engineer. The
Village may make provisions for a partial pro rata release of the
financial guarantee based on the completion of various development
stages.
(2)
The Village 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, at such time that
the responsibility for practice maintenance is passed on to another
entity via an approved maintenance agreement.
(3)
The release of the financial guarantee required by this chapter is
not subject to the retainage provisions of § 66.0901(9),
Wis. Stats.
A.
Article II activity.
(1)
The Director 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 Director
may revoke the permit.
(3)
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the Director, or if a responsible party violates a stop-work order posted under Subsection A(1), the Director may request the District Attorney or Village Attorney to obtain a cease and desist order in any court with jurisdiction.
(4)
The Public Works Committee may retract the stop-work order issued under Subsection A(1) or the permit revocation under Subsection A(2).
(a)
After posting a stop-work order under Subsection A(1), the Director may issue a formal "notice" to the responsible party of the Village's intent to perform work necessary to comply with this chapter. The Director may enter the property and commence the work after issuing the notice. The costs of the work performed under this subsection by the Director, plus interest at the rate authorized by either the Public Works Committee and/or Board, shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Clerk-Treasurer shall enter the amount due on the tax rolls and collect as a special charge/assessment against the property pursuant to Chapter 66, Subchapter VII, of the Wisconsin Statutes.
(5)
Compliance with the provisions of this chapter 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 injunction proceedings.
B.
Article III activity.
(1)
General.
(a)
Any land disturbing construction activity or post-construction
runoff initiated after the effective date of this chapter by any person,
firm, association, or corporation subject to the ordinance provisions
shall be deemed a violation unless conducted in accordance with the
requirements of this chapter.
(b)
The Director 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 Director under Subsection B(1)(b), the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of the permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Director in the notice.
(d)
If the violations of a permit issued pursuant to this chapter
are likely to result in damage to properties, public facilities, or
waters of the state, the Director may enter the land and take emergency
actions necessary to prevent such damage. The costs incurred by the
Village plus interest and legal costs shall be billed to the responsible
party.
(e)
The Director is authorized to post a stop-work order on all
land disturbing construction activity that is in violation of this
chapter, or to request the Village Attorney to obtain a cease and
desist order in any court with jurisdiction.
(f)
The Director may revoke a permit issued under this chapter for
noncompliance with ordinance provisions.
[1]
Any permit revocation, stop-work order, or cease and desist
order shall remain in effect unless retracted by the Director or by
a court with jurisdiction.
(g)
The Director is authorized to refer any violation of this chapter,
or of a stop-work order or cease and desist order issued pursuant
to this chapter, to the Village Attorney for the commencement of further
legal proceedings in any court with jurisdiction.
(h)
Compliance with the provisions of this chapter 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 injunction proceedings.
(i)
When the Director determines that the holder of a permit issued pursuant to this chapter has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the Director or a party designated by the Director 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 Director 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 § 330-10 of this chapter. 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.[1]
C.
Penalties. Any person, firm, association, or corporation who does not comply with the provisions of this chapter shall be subject to a per offense forfeiture as provided in § 1-4 of this Code and the costs of prosecution for each violation. Each day that the violation exists shall constitute a separate offense.[2]
A.
Who may appeal. Appeals to the Public Works Committee may be taken
by any aggrieved person or by any office, department, board, or bureau
of Village affected by any decision of the Director.
B.
Procedures.
(1)
The Public Works Committee (created pursuant to Chapter 130 of this Code):
(a)
(b)
Upon appeal, may authorize variances from the provisions of this
chapter that are not contrary to the public interest and where owing
to special conditions a literal enforcement of the provisions of this
chapter would be unreasonable; and
(c)
Shall use the rules, procedures, duties and powers authorized by
statute in hearing and deciding appeals and authorizing variances.
(2)
The decision of the Public Works Committee is final. Appeals of the
Public Works Committee decision shall be taken to Circuit Court within
30 days of the filing of the decision in the Village Clerk-Treasurer's
office.
