[HISTORY: Adopted by the Town Board of the
Town of Ledgeview as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-19-2016 by Ord. No. 2015-016[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 90,
Stormwater Management, Art. I, Stormwater Rules and Regulations, adopted
12-16-2008 by Ord. No. 2008-021.
A.
This
article is adopted by the Town of Ledgeview pursuant to its police
powers and under the authority granted by §§ 281.33
and 60.627, Wis. Stats. This chapter supersedes all conflicting and
contradictory stormwater management regulations previously enacted
under §§ 60.62 or 60.627, Wis. Stats. Except as specifically
provided for in § 281.33, Wis. Stats., § 60.62
Wis. Stats., applies to this chapter and to any amendments to this
chapter.
B.
The
provisions of this article are deemed not to limit any other lawful
regulatory powers of the Town Board.
C.
The
Town Board hereby designates the Zoning Administrator or designee
to have the administrative authority to administer and enforce the
provisions of this chapter.
D.
The
requirements of this article do not preempt more stringent stormwater
management 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 § NR
151.004, Wis. Adm. Code.
The Town Board finds that uncontrolled stormwater runoff from
land development activity has a significant detrimental impact upon
water resources and the health, safety, and general welfare of the
Town. Specifically, uncontrolled 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 loads.
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.
H.
Diminish
the public enjoyment of natural resources.
A.
Purpose.
The purpose of this chapter is to set forth stormwater requirements
and criteria that will prevent and control water pollution and diminish
the threats to public health, safety, welfare, and aquatic life due
to runoff of stormwater from development or redevelopment. 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 general intent of the Town that this article achieve its
purpose through:
(1)
Regulating long-term, post-construction stormwater discharges from
land development activities;
(2)
Controlling the quantity, peak flow rates, and quality of stormwater
discharges from land development activities;
(3)
Providing services to maintain and enhance the quality of life within
the community. To this end, the Town will manage stormwater to protect,
maintain, and enhance the natural environment, diversity of fish and
wildlife, human life, property, and recreational use of waterways
within the Town;
(4)
Achieving the stormwater performance standards set forth in this
chapter through the preparation and implementation of comprehensive
stormwater management plans that cover hydrologic units, such as watersheds,
on a municipal and regional scale where possible; and
(5)
Prescribing 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 post-construction management
measures acceptable for the community.
As used in this article, the following terms shall have the
meanings indicated:
Maintenance of sufficient vegetation types and densities
such that the physical integrity of the stream bank or lakeshore is
preserved. Self-sustaining vegetative cover includes grasses, forbs,
sedges and duff layers of fallen leaves and woody debris.
The governmental employee designated by the Town to administer this article. The Zoning Administrator has been designated to have the authority to administer this article pursuant to § 90-1C.
The part of the farm where there is planting, growing, cultivating
and harvesting of crops for human or livestock consumption and pasturing
or outside yarding of livestock, including sod farms and siliviculture.
Practices in this area may include waterways, drainage ditches, diversions,
terraces, farm lanes, excavation, filling, and similar practices.
The agricultural activity does not include agricultural production
area.
The part of the farm where there is concentrated production
activity and impervious surfaces. Agricultural production areas include
buildings, driveways, parking areas, feed storage structures, manure
storage structures, and other impervious surfaces. The agricultural
production area does not include the agricultural activity area.
Any landowner, land user(s), agent, or contractor responsible
for submitting and carrying out the requirements of this article.
"Applicant" shall also include any subsequent landowner to whom this
article applies.
A calendar year of precipitation, excluding snow, which is
considered typical. For purposes of this article, "average annual
rainfall" means measured precipitation in Green Bay Wisconsin between
March 29 and November 25, 1969.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or pollutants carried
in stormwater runoff and to control and reduce the volume and rate
of stormwater discharge to waters of the state.
A day that offices of the Town are routinely and customarily
open for business.
A Town order to halt land-developing activity that is being
conducted without the required permit.
Water from roof drains, surface drains, foundation water
drains, cistern overflows, refrigerator cooling waters, and water
from air-conditioning equipment.
All lands included within the boundary of a certified survey
or subdivision plat created for the purpose of development or sale
of property or a single lot where multiple separate and distinct land-developing
activities may take place at different times and on different schedules.
An impervious surface that is directly connected to the waters
of the state via a separate storm sewer, an impervious flow path,
or a minimally pervious 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.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall. The Atlas 14 MSE4 twenty-four-hour design
storm for Ledgeview are: one-year, 2.1 inches; two-year, 2.4 inches;
five-year, 3.0 inches; ten-year, 3.5 inches; twenty-five-year, 4.3
inches; one-hundred-year, 5.6 inches.
Residential, commercial, industrial, or institutional land
uses and associated roads.
Wells, sinkholes, swallets, fractured bedrock at the surface,
sand or gravel surficial deposits, mine shafts, nonmetallic mines,
tile inlets discharging to groundwater, quarries or depressional groundwater
recharge areas over shallow fractured bedrock.
The quantity of runoff discharged from the land surface as
the result of a rainfall event.
The creation from one or more parcels or building sites of
additional parcels or building sites where such creation occurs at
one time or through the successive partition within a five-year period.
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.
Development in existence on October 1, 2004, or development
for which a stormwater permit in accordance with Subchapter III of
Ch. NR 216, Wis. Adm. Code, was received on or before October 1, 2004.
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.
Soil that has at least a three-foot-deep layer with at least
twenty-percent fines; or at least a five-foot-deep layer with at least
ten-percent fines; or an engineered soil with an equivalent level
of protection as determined by the Town for the site.
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 that employ equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the Town by the
responsible party to assure that requirements of the chapter are carried
out in compliance with the stormwater management plan.
Any proposed land alterations or disturbances, including,
but not limited to, removal of vegetative cover, excavating, filling/grading,
construction of buildings, roads, parking lots, paved storage areas,
and similar facilities. See also "post-development land use condition."
Town Board of Supervisors, County Board of Supervisors, City
Council, Village Board of Trustees or Village Council.
The total area, in acres, of all land located within the
property boundary containing the land development activity.
Any of the waters of the state, as defined in § 281.01(18),
Wis. Stats., occurring in a saturated subsurface geological formation
of rock or soil.
The higher of either the elevation to which the soil is saturated
as observed as a free water surface in an unlined hole or the elevation
to which the soil has been seasonally or periodically saturated as
indicated by soil color patterns throughout the soil profile. As defined
in Technical Standard 1002, Site Evaluation for Stormwater Infiltration.
The meaning given in § 340.01(22), Wis. Stats.
The meaning given in § 84.013(1)(b), Wis. Stats.
The meaning given in § 84.013(1)(c), Wis. Stats.
The meaning given in § 84.013(1)(d), Wis. Stats.
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 surfaces
that typically are impervious. Gravel surfaces are considered impervious,
unless specifically designed to encourage infiltration.
Any land-disturbing construction activity on which any new
impervious surfaces are created or existing impervious surfaces are
redeveloped.
An undeveloped area of land or new development area located
within an existing urban sewer service area, surrounded by development
or development and natural or man-made features where development
cannot occur. "Infill" does not include any undeveloped area that
was part of a larger new development for which a stormwater permit
in accordance with Subchapter III of Ch. NR 216, Wis. Adm. Code, was
required to be submitted after October 1, 2004, to the Wisconsin Department
of Natural Resources or Wisconsin Department of Safety and Professional
Services (formerly Department of Commerce).
The process by which rain or surface runoff penetrates into
the underlying 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,
the 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 superficial 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 swales.
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 pollutants into the municipal separate storm
sewer or waters of the state. Land-disturbing construction activity
includes clearing and grubbing, demolition, excavating, pit trench
dewatering, filling and grading activities, and soil stockpiling.
A legal document that is filed with the County Register of
Deeds as a property deed restriction and which provides for long-term
maintenance of stormwater management practices and notice of consequences
for failure of maintenance.
The highest level of performance that is achievable but is
not equivalent to a performance standard identified within this article.
Maximum extent practicable applies when the permit applicant demonstrates
to the Town of Ledgeview's satisfaction that a performance standard
is not achievable and that a lower level of performance is appropriate.
In making the assertion that a performance standard is not achievable
and that a level of performance different from the performance standard
is the maximum extent practicable, the permit applicant shall take
into account the best available technology, cost effectiveness, geographic
features, and other competing interests such as protection of public
safety and welfare, protection of endangered and threatened resources,
and preservation of historic properties.
Reconstruction of a highway that is limited to 1.5 miles
in continuous or aggregate total length of realignment and that does
not exceed 100 feet in width of roadbed widening and that does not
include replacement of a vegetated drainage system with a nonvegetated
drainage system except where necessary to convey runoff under a highway
or private road or driveway.
An area where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions. These wetlands include
existing, mitigation, and restored wetlands.
The meaning given in § 30.01(4m), Wis. Stats.
The portion of a post-construction site where impervious
surfaces are being created or expanded. Any disturbance where the
amount of impervious area for the post-development condition is greater
than the pre-development condition is classified as new development.
For purposes of this article, a post-construction site is classified
as new development, redevelopment, routine maintenance, or some combination
of these three classifications as appropriate.
A discharge to the storm sewer system created by some process
other than the runoff from precipitation.
Lands located outside the property boundary described in
the permit application for land development activity.
Lands located within the property boundary described in the
permit application for land development activity.
The meaning given in § NR 115.03(6), Wis. Adm.
Code.
Waters listed in § NR 102.10, Wis. Adm. Code.
The maximum rate at which a unit volume of stormwater is
discharged.
The percentage of a given sample of soil, which passes through
a No. 200 sieve. Note to users: 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 Material 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 Town to the applicant
to conduct land development activities.
A sum of money paid to the Town by the applicant for the
purpose of recouping the expenses incurred by the Town in administering
the permit.
A surface that allows infiltration of precipitation or surface
flow. Lawns, fields and woodlands are examples of pervious surfaces.
Meaning given in § 283.01(13), Wis. Stats.
Meaning given in § 281.01(10), Wis. Stats.
Any stormwater discharged from a site following the completion
of land development activity and final site stabilization.
The extent and distribution of land cover types present after
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 development activity, assuming that all land
uses prior to land development activity are managed in an environmentally
sound manner.
The treatment of stormwater prior to its discharge to wetlands,
infiltration practices or the primary stormwater treatment practice
in order to reduce pollutant loads to a level compatible with the
capability of the primary stormwater practice.
The meaning given in § NR 140.05(17), Wis. Adm.
Code.
All facilities owned and operated by the Town, Brown County,
the Wisconsin Department of Transportation, or adjoining municipality,
for the purpose of collecting, conveying, storing, treating, and properly
disposing of stormwater runoff.
That portion of a post-construction site where impervious
surfaces are being reconstructed, replaced, or reconfigured. Any disturbance
where the amount of impervious area for the post-development condition
is equal to or less than the pre-development condition is classified
as redevelopment. For purposes of this article, a post-construction
site is classified as new development, redevelopment, routine maintenance,
or some combination of these three classifications as appropriate.
Land development activity which is created to house people,
including the residential dwellings as well as all affected portions
of the development, including lawns, driveways, sidewalks, garages,
and access streets. This type of development includes single-family,
multi family, condominiums, and apartments.
Any person or entity holding fee title to the property or
other person or entity contracted or obligated by agreement to implement
and maintain post-construction stormwater BMPs.
That portion of a post-construction site where pre-development
impervious surfaces are being maintained to preserve the original
line and grade, hydraulic capacity, drainage pattern, configuration,
or purpose of the facility. Remodeling of buildings and resurfacing
of parking lots, streets, driveways, and sidewalks are examples of
routine maintenance, provided that the lower 1/2 of the impervious
surface's granular base is not disturbed. The disturbance shall
be classified as redevelopment if the lower 1/2 of the granular base
associated with the pre-development impervious surface is disturbed
or if the soil located beneath the impervious surface is exposed.
For purposes of this article, a post-construction site is classified
as new development, redevelopment, routine maintenance, or some combination
of these three classifications as appropriate.
Stormwater or precipitation, including rain, snow- or icemelt
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:
Activities including tree nursery operations, tree harvesting
operations, reforestation, tree thinning, prescribed burning, and
pest and fire control. Clearing and grubbing of an area of a construction
site is not a silviculture activity.
The entire portion included in the legal description of the
land on which the land development activity is proposed to take place.
Any physical characteristic that limits the use of a stormwater
best management practice.
A software program known as the "Source Loading and Management
Model," designed to provide information on the sources of problem
pollutants and the effectiveness of stormwater management practices
that can control the problem pollutants at their sources and at outfalls.
An order issued by the Town that requires that all construction
activity on the site be stopped immediately.
Any method employed to carry stormwater runoff from a development
to waters of the state. Examples of methods include swales, channels,
and storm sewers.
Structural or nonstructural practices that are designed to
reduce stormwater runoff, sediment and pollutant loads, discharge
volumes, and/or peak flow discharge rates.
A document that identifies all actions that will be taken
to reduce stormwater quantity, sediment and pollutant loads from the
post-development land use condition to levels meeting the requirements
of this chapter.
That portion of precipitation that does not soak into the
soil and flows off the surface of the land and into the natural or
artificial stormwater conveyance network.
A performance standard that will apply in a specific area,
where additional practices beyond those contained in this article
are necessary to meet water quality standards. A total maximum daily
load is an example of a targeted performance standard.
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 amount of pollutants specified as a function of one or
more water quality parameters, that can be discharged per day into
a water quality limited segment and still ensure attainment of the
applicable water quality standard.
The United States Department of Agriculture Natural Resources
Conservation Service, Urban Hydrology for Small Watersheds, Second
Edition, Technical Release 55, June 1986.
A public street, a public road, a public highway, a railroad,
a public mass transit facility, a public-use airport, a public trail,
or any other public work for transportation purposes such as harbor
improvements under § 85.095(1)(b), Wis. Stats. "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 Wisconsin Department of Natural Resources pursuant
to § 281.33, Wis. Stats.
A rainfall-type curve as established in the United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published 1973, which is incorporated by reference for this article.
The Type II curve is applicable to all of Wisconsin and represents
the most intense storm pattern.
Any channel, ditch, stream, lake, or other body of water
determined to be under State of Wisconsin authority as defined in
§ 281.01(18), Wis. Stats.
The Wisconsin Pollutant Discharge Elimination System.
A permit issued by the Wisconsin Department of Natural Resources
under § 283.33, Wis. Stats., that authorizes the point source
discharge of stormwater to waters of the state and is regulated by
Ch. NR 216, Wis. Adm. Code.
A.
Applicability.
(1)
Where not otherwise limited by law, this article applies to all post-construction sites, unless otherwise exempt under chapter § 90-5A(2).
(2)
A post-construction site that meets any of the following criteria
is exempt from the requirements of this article:
(a)
One- and two-family residential dwellings that are not part
of a larger common plan of development or sale and that results in
less than one acres of disturbance.
(b)
A post-construction site with less than 10% connected imperviousness,
based on area of land disturbance, provided that the cumulative area
of all impervious surfaces is less than one acre. However, the exemption
of this subsection does not include the exemption from the protective
area standard of this article.
(c)
Nonpoint dischargers from agricultural facilities and practices.
(d)
Nonpoint dischargers from silviculture activities.
(e)
Mill and crush operations.
(f)
Underground utility construction, but not including the construction
of any aboveground structures associated with utility construction.
(3)
Notwithstanding the applicability requirements in § 90-5A(1), this article applies to post-construction sites of any size that, in the opinion of the Town, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that cause undue channel erosion, that increase water pollution by scouring or the transportation of particulate matter or that endanger property or public safety.
B.
Jurisdiction.
This article applies to post-construction sites within the boundaries
and jurisdiction of the Town of Ledgeview, as well as all lands located
within the extraterritorial plat approval jurisdiction of the Town
of Ledgeview, even if plat approval is not involved.
C.
Exclusions.
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 following methods shall be used in designing and maintaining
the water quality, peak discharge, infiltration, protective area,
fueling/vehicle maintenance, and swale treatment 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 Town.
C.
In
this article, the following year and location have been selected as
average annual rainfall: Green Bay, 1969 (March 29-November 25).
A.
Responsible
party. The responsible party shall develop and implement a post-construction
stormwater management plan that incorporates the requirements of this
section.
B.
Plan. A written stormwater management plan shall be developed and implemented by the responsible party in accordance with § 90-9. The stormwater management plan shall meet all of the applicable requirements contained in this article.
C.
Requirements.
The stormwater management plan shall meet the following minimum requirements
to the maximum practicable.
D.
Stormwater
discharge quantity. Unless otherwise provided for in this chapter,
all land development activities subject to this chapter shall establish
on-site best management practices (BMPs) to maintain pre-development
peak flow rates of stormwater discharged from the site, for post-construction
sites with 20,000 square feet or more of impervious surface disturbance
and post-construction sites with one acre or more of land disturbance.
Infiltration of stormwater runoff from driveways, sidewalks, rooftops,
parking lots, and landscaped areas shall be incorporated to the maximum
extent practical to provide volume control in addition to control
of peak flows.
(1)
All peak flow rates and volumes for pre- and post-development shall
be calculated using procedures described in TR-55 for design rainfall
events with recurrence intervals of one, two, 10 and 100 years, twenty-four-hour
design storms. The pre-development land use condition shall assume
"good hydrologic conditions" for land cover as described in the TR-55
method of calculation. The post-development land use condition shall
assume "good hydrologic conditions" for land cover as described in
the TR-55 method of calculation for the proposed land use cover types.
Unless the site is currently woodland, peak pre-development discharge
rates shall be determined using the following runoff curve numbers
for a "meadow" vegetative cover:
|
Soil hydrologic group
|
A
|
B
|
C
|
D
| |
|---|---|---|---|---|---|
|
NRCS curve number for meadow
|
30
|
58
|
71
|
78
| |
|
NRCS curve number for woodland
|
30
|
55
|
70
|
77
|
(2)
For post-construction sites with less than 20,000 square feet of
impervious surface disturbance, prepare a plan that shows how the
peak post-development discharge rates are reduced using BMPs from
the Wisconsin Department of Natural Resources Technical Standards.
These sites are not required to satisfy a numeric stormwater management
standard.
(3)
Sites with a cumulative addition of 20,000 square feet or greater
of impervious surfaces after December 16, 2008, are required to satisfy
the stormwater management standards.
(4)
On-site BMPs shall be designed so that the development shall not
increase peak flow discharge rates of stormwater runoff from that
which would have resulted from the same storm occurring over the site
with the land in its pre-development land use condition. Calculations
for determining peak flow discharge rates for BMP sizing shall be
based on the existing or future proposed land use conditions for off-site
areas (whichever results in the highest peak flows) and the future
proposed land use conditions for the on-site areas.
(5)
All stormwater conveyance systems within the proposed development receiving surface runoff from the proposed development shall be designed to completely contain peak discharge storm flows as described in § 90-7D(5)(a), (b), (c) and (d). Calculations for determining peak flow discharge rates for conveyance system sizing shall be based on the existing or future proposed land use conditions for off-site areas (whichever results in the highest peak flows), and the future proposed land use conditions for the on-site areas.
(a)
For publicly owned or maintained open channel conveyance systems,
the peak flow from the twenty-five-year storm shall be completely
contained within the channel banks.
(b)
For publicly owned or maintained storm sewer pipes, the peak
flow from the ten-year storm shall be completely contained within
the pipes with no surcharging or pressurized flow.
(c)
Private storm sewer pipes shall be constructed to contain the
peak flow from the five-year storm with no surcharging or pressurized
flow.
(d)
The site shall be designed so that on-site areas can safely
pass a design rainfall event with a recurrence interval of 100 years
without damage to people or property. In addition the site shall not
block or impede the flow of water off-site areas.
(6)
All discharges will be restricted to public drainage systems (including
storm sewers and ditches) or to waters of the state. It shall be the
responsibility of the applicant to obtain from adjacent property owners
any easements or other necessary property interests concerning flowage
of water from the proposed development onto private lands when the
water had not done so prior to the development.
(7)
Increases or decreases in the hydrology of natural wetlands shall
be minimized to the extent practical. Where such changes are proposed,
the impact of the proposal on wetland shall be assessed and shall
meet the requirements of Ch. NR 103, Wis. Adm. Code.
(8)
An adequate outfall shall be provided for each point of concentrated
discharge from the post-construction site. An adequate outfall consists
of nonerosive discharge velocities and reasonable downstream conveyance.
(9)
Exemptions. The following transportation facilities are not required to meet the peak discharge requirements of this Subsection D, provided that the transportation facility is not part of a larger common plan of development or sale:
(a)
A transportation facility where the discharge is directly into
a lake over 5,000 acres or a stream or river segment draining more
than 500 square miles.
E.
Stormwater
discharge quality. BMPs shall be designed, installed and maintained
to control pollutants carried in runoff from post-construction sites.
The design shall be based on average annual rainfall, as compared
to no runoff management controls:
(1)
For post-construction sites with one acre or more of land disturbance,
the following is required:
(a)
Except as provided in § 90-7E(1)(b) a pollutant reduction is required as follows:
|
Total Suspended Solids (TSS) and Total Phosphorus (TP)
Reduction
| |||||||
|---|---|---|---|---|---|---|---|
|
New Development
|
Redevelopment
|
Routine Maintenance
| |||||
|
Watershed
|
TSS
|
TP
|
TSS
|
TP
|
TSS
|
TP
| |
|
Lower Fox River
|
80%
|
30%
|
65.2%
|
30%
|
65.2%
|
30%
| |
|
East River
|
80%
|
60%
|
40%
|
30%
|
40%
|
30%
| |
|
Bower Creek
|
80%
|
60%
|
40%
|
30%
|
40%
|
30%
| |
|
West Twin River
|
80%
|
60%
|
40%
|
30%
|
40%
|
30%
| |
(b)
A pollutant reduction is not required for routine maintenance
areas that are part of a post-construction site with less than five
acres of disturbance.
(2)
For post-construction sites with less than one acre of disturbance,
not in a TMDL watershed, reduce the pollutant loading using BMPs from
the Wisconsin Department of Natural Resources Technical Standards
or other practices approved by the Town.
(3)
Sites, including common plan of development sites, with a cumulative addition of 20,000 square feet or greater of impervious surface after December 16, 2008, are required to satisfy the performance standards within § 90-7E(1)(a) and (b).
(4)
The amount of pollutant control previously required for the site
shall not be reduced as a result of the proposed development or disturbance.
(5)
When designing BMPs, runoff draining to the BMP from off-site areas shall be taken into account in determining the treatment efficiency of the practice. Any impact on the BMP efficiency shall be compensated for by increasing the size of the BMP accordingly. The pollutant load reduction provided by the BMP for an off-site area shall not be used to satisfy the required on-site pollutant load reduction, unless otherwise approved by the Town in accordance with § 90-7E.
(6)
If the design cannot meet the water quality performance standards of § 90-7E(1) through (5), the stormwater management plan shall include a written, site-specific explanation of why water quality performance standards cannot be met and why the pollutant load will be reduced only to the maximum extent practicable. Except as provided in § 90-7E(6), the Town may not require any person to exceed the applicable water quality performance standard to meet the requirements of the maximum extent practicable.
F.
Infiltration. Best management practices shall be designed, installed, and maintained to infiltrate runoff in accordance with the following, except as provided Subsection F(8) through (12):
(1)
For post-construction developments with 20,000 square feet or more
of impervious surface disturbance and post-construction developments
with one acre or more of land disturbance, the following is required:
(a)
Low imperviousness. For development up to forty-percent connected
imperviousness, such as parks, cemeteries, and low-density residential
development, 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.
(b)
Moderate imperviousness. For development with more than forty-percent
and up to eighty-percent connected imperviousness, such as medium-
and high-density residential, multifamily development, industrial
and institutional development, and office parks, infiltrate sufficient
runoff volume so that the post-construction infiltration volume shall
be at least 75% of the pre-development infiltration volume, based
on average annual rainfall. However, when designing appropriate infiltration
systems to meet this requirement, no more than 2% of the post-construction
site is required as an effective infiltration area.
(c)
High imperviousness. For development with more than eighty-percent
connected imperviousness, such as commercial strip malls, shopping
centers, and commercial downtowns, infiltrate sufficient runoff volume
so that the post-development infiltration volume shall be at least
60% of the predevelopment infiltration volume, based on an average
annual rainfall. However, when designing appropriate infiltration
systems to meet this requirement, no more than 2% of the post-construction
site is required as an effective infiltration area.
(2)
The pre-development condition shall assume "good hydrologic conditions"
for appropriate land covers as identified in TR-55 or an equivalent
methodology approved by the administering authority. The meaning of
"hydrologic soil group" and "runoff curve number" are as determined
in TR-55. The actual pre-development vegetative cover and the following
pre-development runoff curve numbers shall be used:
|
Maximum Pre-Development Runoff Curve Numbers
| |||||
|---|---|---|---|---|---|
|
Vegetative Cover
|
Hydrologic Soil Group
| ||||
|
A
|
B
|
C
|
D
| ||
|
Woodland
|
30
|
55
|
70
|
77
| |
|
Grassland
|
39
|
61
|
71
|
78
| |
|
Cropland
|
55
|
69
|
78
|
83
| |
|
Note to users: A model that calculates runoff volume, such as
SLAMM, P8, or an equivalent methodology, may be used.
|
(3)
For construction sites with less than 20,000 square feet of new impervious
surfaces, infiltrate runoff volume using BMPs from the Town of Ledgeview
Stormwater Reference Guide. These sites are not required to satisfy
a numeric performance standard.
(5)
The amount of infiltration previously required for the site shall
not be reduced as a result of the proposed development or disturbance.
(6)
When designing BMPs, runoff draining to the BMP from off-site areas shall be taken into account in determining the performance of the practice. Any impact on the BMP performance shall be compensated for by increasing the size of the BMP accordingly. The runoff volume reduction provided by the BMP for an off-site area shall not be used to satisfy the required on-site runoff volume reduction, unless otherwise approved by the Town in accordance with § 90-7E.
(7)
Pretreatment. 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 F(14). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(8)
Source area prohibitions. Runoff from the following areas may not be infiltrated and may not qualify as contributing to meet the requirements of § 90-7F unless demonstrated to meet the conditions of § 90-7F(14):
(a)
Areas associated with Tier 1 industrial facilities identified
in § NR 216.21(2)(a), Wis. Adm. Code, including storage,
loading, rooftop and parking. Rooftops may be infiltrated with concurrence
of the Town.
(b)
Storage and loading areas of Tier 2 industrial facilities identified
in § NR 216.21(2)(b), Wis. Adm. Code.
(c)
Fueling and vehicle maintenance areas. Rooftops of fueling and
vehicle maintenance areas may be infiltrated with the concurrence
of the Town.
(d)
Agricultural production areas that contain livestock, animal
waste, or feed storage.
(9)
Source area exemptions. Runoff from the following areas may be credited
toward meeting the requirement when infiltrated, but the decision
to infiltrate runoff from these sources is optional:
(a)
Parking areas and access roads less than 5,000 square feet for
commercial and industrial development.
(b)
Parking areas and access roads less than 5,000 square feet for industrial development not subject to the prohibitions under § 90-7F(10).
(c)
Infill areas less than five acres.
(d)
Redevelopment and routine maintenance areas.
(e)
Roads in commercial, industrial and institutional land uses,
and arterial residential roads.
(10)
Prohibitions. Infiltration practices may not be located in the following
areas:
(a)
Areas within 1,000 feet upgradient or within 100 feet downgradient
of direct conduits to groundwater.
(b)
Areas within 400 feet of a community water system well as specified
in § NR 811.16(4), Wis. Adm. Code, or within the separation
distance listed in § NR 812.08, Wis. Adm. Code, for any
private well or noncommunity well for runoff infiltrated from commercial,
including multifamily residential, industrial, and institutional land
uses or regional devices for one- and two-family residential development.
(c)
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.
(11)
Separation distances.
(a)
Infiltration practices shall be located so that the characteristics
of the soil and the separation distance between the bottom of the
infiltration system and the elevation of seasonal high groundwater
or the top of bedrock are in accordance with the following:
|
Separation Distances and Soil Characteristics
| |||
|---|---|---|---|
|
Source Area
|
Separation Distance
(feet)
|
Soil Characteristics
| |
|
Industrial, commercial, institutional parking lots and roads
|
5 or more
|
Filtering layer
| |
|
Residential arterial roads
|
5 or more
|
Filtering layer
| |
|
Roofs draining to subsurface infiltration practices
|
1 or more
|
Native or engineered soil with particles finer than coarse sand
| |
|
Roofs draining to surface infiltration practices
|
Not applicable
| ||
|
All other impervious source areas
|
3 or more
|
Filtering layer
| |
(12)
Infiltration rate exemptions. Infiltration practices located in the
following area may be credited toward meeting the requirement under
the following conditions, but the decision to infiltrate under these
conditions is optional:
(a)
Where the infiltration rate of the soil measured at the proposed
bottom of the infiltration system is less than 0.6 inch per hour using
a scientifically credible field test method.
(b)
Where the least permeable soil horizon to five feet below the
proposed bottom of the infiltration system using the United States
Department of Agriculture method of soils analysis is one of the following:
sandy clay loam, clay loam, silty clay loam, sandy clay, silty clay,
or clay.
(13)
Alternate uses. 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.
(14)
Groundwater standards.
(a)
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.
G.
Protective areas.
(1)
"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.
(a)
For outstanding resource waters and exceptional resource waters,
75 feet.
(b)
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.
(c)
For lakes, 50 feet.
(e)
For highly susceptible wetlands, 75 feet. Highly susceptible
wetlands include the following types: calcareous fens, sedge meadows,
open and coniferous bogs, low prairies, coniferous swamps, lowland
hardwood swamps, and ephemeral ponds.
(f)
For moderately susceptible wetlands, 50 feet. Moderately susceptible
wetlands include, but not limited to, shrub wetlands, floodplain forests,
fresh wet meadows, deep/shallow marshes, and forested wetlands. Perennial
and intermittent streams also fit in this protective area designation.
(g)
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; cultivated hydric soils; and any gravel pits, or dredged
material or fill material disposal sites that take on the attributes
of a wetland.
(i)
For concentrated flow channels with drainage areas greater than
130 acres, 10 feet.
(2)
Wetlands shall be delineated. Wetland boundary delineations shall
be made in accordance with § NR 103.08(lm), 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. Where there is a legally authorized wetland fill, the protective
area standard need not be met in that location.
(3)
This section applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection G(6) below.
(4)
The following requirements shall be met:
(a)
Impervious surfaces shall be kept out of the protective area
to the maximum extent practicable. If there is no practical alternative
to locating the impervious surface in the protective area, the stormwater
management plan shall contain a written site-specific explanation
for any parts of the protective area that are disturbed during construction.
(b)
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.
(c)
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.
(6)
Exemptions. The following areas are not required to meet the protective
area requirements:
(a)
Redevelopment and routine maintenance areas, provided that the minimum requirements within Subsection G(5) above are satisfied.
(b)
Structures that cross or access surface waters such as boat
landings, bridges and culverts.
(c)
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.
(d)
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.
H.
Fueling and vehicle maintenance areas. Fueling and vehicle maintenance
areas shall have BMPs designed, installed, and maintained to reduce
petroleum contamination within runoff, such that the runoff that enters
the Town's storm sewer system or waters of the state contains
no visible petroleum sheen.
I.
Swale treatment for transportation facilities. This subsection is
not applicable to transportation facilities that are part of a larger
common plan of development or sale.
(1)
Applicability. Except as provided in Subsection I(2), 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:
(a)
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.
(b)
Swales shall comply with the Wisconsin Department of Natural
Resources Technical Standard 1005, "Vegetated Infiltration Swale,"
except as otherwise authorized in writing by the Wisconsin Department
of Natural Resources.
(2)
Exemptions. The Zoning Administrator may, consistent with water quality
standards, require 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:
J.
Exemptions. The Zoning Administrator may waive the minimum requirements for on-site stormwater management practices established in § 90-7D, upon written request of the applicant, provided that at least one of the following conditions applies:
(1)
Underground utility construction such as water, sewer, gas, electric,
telephone, cable television, and fiber optic lines. This exemption
does not apply to the construction of any aboveground structures associated
with utility construction.
(2)
The following transportation facilities are exempt, provided that
the transportation facility is not part of a larger common plan of
development or sale:
(a)
The reconditioning or resurfacing of a highway.
(b)
Minor reconstruction of a highway. Notwithstanding this exemption,
the protective area requirements within § NR 151.24(6),
Wis. Adm. Code, apply to minor reconstruction of a highway.
(c)
A transportation facility post-construction site with less than ten-percent connected imperviousness based on the area of land disturbance, provided that the cumulative area of all impervious surfaces is less than one acre. Notwithstanding this exemption, the protective area requirements of § 90-7[2] still apply.
(d)
Routine maintenance for transportation facilities that have
less than five acres of land disturbance if performed to maintain
the original line and grade, hydraulic capacity or original purpose
of the facility.
(e)
Routine maintenance if performed for stormwater conveyance system
cleaning.
K.
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.
L.
Location and regional treatment option.
(1)
General. To comply with § 90-7 performance standards, the BMPs may be located on site or off site as part of a regional stormwater device, practice or system.
(2)
BMP in nonnavigable waters. For the purposes of determining compliance with the performance standards of § 90-7, the Town may give credit for BMPs that function to provide treatment for runoff from existing development and post-construction runoff from new development, redevelopment, and routine maintenance areas and that are located within nonnavigable waters.
(3)
BMP in navigable waters. 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:
(b)
New development runoff exemption. BMPs to treat post-construction runoff from new development area may be located within navigable waters and may be creditable by the Town under § 90-7, if all the following are met:
(c)
Existing development and post-construction runoff from redevelopment, routine maintenance, and infill development areas. Except as provided in § 90-7, BMPs designed to treat post-construction runoff for existing development and post-construction runoff from redevelopment, routine maintenance and infill development areas may not be located in navigable water, and for purposes of determining compliance with performance standards of § 90-7, the Town may not give credit for such BMPs.
(d)
Existing development and post-construction runoff from redevelopment, routine maintenance, and infill development areas exemption. BMPs that function to provide treatment of runoff from existing development and post-construction runoff from redevelopment, routine maintenance and infill development areas may be located within navigable water, and for purposes of determining compliance with performance standards of § 90-7, the Town may give credit for such BMPs, if any of the following are met:
(4)
Off-site or regional BMP.
(a)
The amount of credit the Town may give an off-site or regional BMP for purposes of determining compliance with the performance standards of § 90-7 is limited to the treatment capacity or performance of the BMP.
(b)
The Town may authorize credit for an off-site or regional BMP,
provided that all the following conditions are satisfied:
[1]
The BMP received all applicable permits.
[2]
The BMP shall be installed and operational before the construction
site has undergone final stabilization.
[3]
The BMP shall be designed and adequately sized to provide a level of stormwater control equal to or greater than that which would be afforded by on-site BMPs meeting the § 90-7 performance standards.
[4]
The owner of the BMP has entered into a maintenance agreement
with the Town, or other municipal entity, such that the BMP has a
legally obligated entity responsible for its long-term operation and
maintenance. Legal authority exists if a municipality owns, operates,
and maintains the BMP.
[5]
The owner of the BMP has provided written authorization which indicates the permit applicant may use the BMP for § 90-7 performance standards compliance.
[6]
Where an off-site or regional BMP option exists such that the
Town 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 Town.
In determining the fee for post-construction runoff, the Town shall
consider an equitable distribution of the cost for land, engineering
design, construction, and maintenance of the off-site or regional
BMP.
(5)
Water quality trading. To comply with § 90-7 performance standards, the Town may authorize credit for water quality trading, provided that all of the following conditions are satisfied:
(a)
The treatment practices associated with a water quality trade
shall be in place, effective and operational before credit can be
authorized.
(b)
The water quality trade shall comply with applicable trading
ratios established by the Wisconsin Department of Natural Resources
or the Town.
(c)
The water quality trade shall comply with applicable regulations,
standards, and guidance by the Wisconsin Department of Natural Resources
or the Town.
(d)
The responsible party shall furnish a copy of executed water
quality trading agreements or other related information deemed necessary
by the Town in order to authorize credit.
(6)
Targeted performance standards. The Town may establish numeric water quality requirements that are more stringent than those set for in § 90-7 in order to meet target performance standards, total maximum daily loads, and/or water quality standards for a specific water body or area. The numeric quality requirements may be applicable to any permitted site, regardless of the size of land-disturbing construction activity.
(7)
Alternate requirements. The Zoning Administrator may establish stormwater
management requirements more stringent than those set forth in this
section if the Zoning Administrator determines that an added level
of protection is needed to protect sensitive resources. Also, the
Zoning Administrator may establish stormwater management requirements
less stringent than those set forth in this section if the Zoning
Administrator determines that less protection is needed to protect
sensitive resources and provide reasonable flood protection. However,
the alternative requirements shall not be less stringent than those
requirements promulgated in rules by Wisconsin Department of Natural
Resources under Ch. NR 151, Wis. Adm. Code.
A.
Permit
required. No landowner or other person or entity may undertake a land
development activity subject to this chapter without receiving a permit
from the Zoning Administrator prior to commencing the proposed activity.
B.
Permit
application and fee. Unless specifically exempted by this chapter,
any landowner or other person or entity desiring a permit shall submit
to the Zoning Administrator a permit application.
(1)
Unless otherwise exempted by this chapter, a permit application must
be accompanied by the following in order for the permit application
to be considered by the Zoning Administrator:
(3)
Review fees shall be those incurred by the Town and billed to the
applicant for actual expenses charged to the Town by its consultants
to review the stormwater management plan and administrative costs
incurred by the Town.
C.
Review and approval of permit application. The Zoning Administrator shall review any permit application that is submitted with the items required under § 90-8B. The following procedure shall apply:
(1)
Within 30 business days of the receipt of a complete permit application, including all documents as required by § 90-8B, the Zoning Administrator shall inform the applicant whether the application, stormwater management plan and other required documents are approved or disapproved. The Zoning Administrator shall base the decision on requirements set forth in this chapter.
(2)
If the stormwater permit application, stormwater management plan,
and other documents are approved, the Zoning Administrator shall issue
the permit.
(3)
If the stormwater permit application, stormwater management plan
and other documents are disapproved, the applicant may revise the
application and other documents.
(4)
If additional information is submitted by the applicant, the Zoning
Administrator shall have 30 business days from the date the additional
information is received to inform the applicant that the application,
stormwater management plan and other documents are either approved
or disapproved.
(5)
Failure by the Zoning Administrator to inform the permit applicant
of a decision within 30 business days of a required submittal shall
be deemed approval of the submittal. Upon notice to the applicant
prior to expiration of the thirty-business-day period, the Zoning
Administrator may extend the time for review of the application beyond
30 business days for complex projects.
D.
Permit conditions. All permits issued under this chapter shall be subject to the following conditions, and holders of permits issued under this chapter shall be deemed to have accepted these conditions. The Zoning Administrator may suspend or revoke a permit for violation of a permit condition upon written notification to the permittee. An action by the Zoning Administrator to suspend or revoke this permit may be appealed in accordance with § 90-14 of this chapter.
(1)
Compliance with this permit does not relieve a permittee from the
responsibility to comply with other applicable federal, state, and
local laws and regulations.
(2)
A permittee shall design, install, and maintain all structural and
nonstructural stormwater management measures in accordance with the
approved stormwater management plan and other documents.
(3)
A permit holder shall notify the Zoning Administrator 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,
the permit holder shall make additional notification according to
a schedule set forth by the Zoning Administrator so that practice
installations can be inspected during construction.
(4)
Completed stormwater management practices must pass a final inspection
to determine if they are in accordance with the approved stormwater
management plan and ordinance. The Zoning Administrator or other competent
professionals identified by the Zoning Administrator shall make the
inspection. The Zoning Administrator shall notify a permittee in writing
of any changes required in such practices to bring them into compliance
with the conditions of this permit.
(5)
A permittee shall submit any proposed modifications to an approved
stormwater management plan in writing to the Zoning Administrator
at least 30 days prior to execution. The Zoning Administrator may
require that a proposed modification be submitted as an original permit
application for approval prior to incorporation into the stormwater
management plan and execution.
(6)
A permittee shall maintain all stormwater management practices specified
in the approved stormwater management plan until the practices either
become the responsibility of the Town or are transferred to subsequent
private owners as specified in the approved maintenance agreement.
(7)
The permittee shall inspect the BMPs annually and after runoff events in accordance with stormwater management plan reference in section § 90-9. The permittee shall have a licensed professional submit a stamped written inspection report to the Town for review and approval every five years.
(8)
The Zoning Administrator shall assure that any work or operations
necessary to bring stormwater management measures into conformance
with an approved stormwater management plan is performed. All costs
incurred by the Town shall be paid by the permittee. Any costs not
paid timely by the permittee shall be placed upon the tax roll as
a special charge against the property pursuant to § 66.0627,
Wis. Stats.
(9)
If so directed by the Zoning Administrator, a permittee shall repair,
at the permittee's expense, all damage to adjoining Town facilities
and drainageways caused by stormwater runoff where such damage is
caused by activities that are not in compliance with the approved
stormwater management plan.
(10)
A permittee shall permit property access to the Zoning Administrator
and his assignees for the purpose of inspecting the property for compliance
with the approved stormwater management plan and this permit.
(11)
Where a stormwater management plan involves direction of some or
all runoff off site, it shall be the responsibility of the permittee
to obtain from adjacent property owners any easements or other necessary
property interests concerning flowage of water. Issuance of this permit
does not create or affect any such rights.
E.
Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the Zoning Administrator notifies the permittee that all stormwater management practices have passed the final inspection or the permit is suspended or revoked pursuant to § 90-13 of this chapter.
A.
Plan requirements. All site investigations, plans, designs, computations, and drawings shall be certified by a registered professional engineer in the State of Wisconsin to be prepared in accordance with accepted engineering practice and in accordance with criteria set forth by this chapter. The stormwater management plan required under § 90-9 of this chapter shall contain the following:
(1)
Name, address and phone number for the landowner, the developer,
the project engineer and person(s) responsible for maintenance of
the design.
(2)
A legal description of the property to be developed.
(3)
Pre-development land use conditions, including:
(a)
Site map(s), location, soil type(s), existing cover and condition,
contours, existing drainage, watershed boundary, and stormwater ditches
on or adjacent to the site.
(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 land use conditions, including:
(a)
Explanation of provisions to preserve/use natural topography
and undisturbed land in order to minimize changes in peak flow and/or
volume of runoff for post-construction site.
(b)
Explanation of any restrictions on stormwater in the development
area.
(c)
Site map(s) showing post-construction pervious areas, including
vegetative cover type and condition, impervious surfaces, post-construction
contours and drainage, drainage easements, maintenance agreements
and easements, stormwater conveyance systems, on- and off-site drainage
area, watershed boundaries, and any changes to lakes, streams, wetlands,
channels, ditches, and watercourses on or adjacent to the site.
(d)
Total area of disturbed impervious surfaces within the site,
and total area of new impervious surfaces within site.
(e)
Hydrology and pollutant loading as required.
(f)
Proposed best management practices.
(g)
Results of any soil or groundwater testing required for the
placement of any BMP designs, including detailed drawings and cross
sections of stormwater conveyance systems.
(h)
Separation distances. Stormwater management practices shall
be adequately separated from wells to prevent contamination of drinking
water.
(5)
Installation schedule and maintenance plans for BMPs.
(6)
Cost estimates, site investigations, plans, designs, computations,
and drawings for any BMPs.
(7)
Any other information requested by the Town.
A.
Maintenance agreement required. The maintenance agreement required for stormwater management practices under § 90-8B of this chapter shall be an agreement between the Town and the permittee. The agreement shall be recorded as a property deed restriction by the permit applicant with the County Register of Deeds so that it is binding upon all subsequent owners of land served by the stormwater management practices.
B.
Agreement provisions. The maintenance agreement shall contain the
following provisions:
(1)
Identification of the stormwater facilities and designation of the
drainage area served by the facilities.
(2)
The landowner shall maintain stormwater management practices in accordance with the stormwater practice maintenance provisions contained in the approved stormwater management plan submitted under § 90-8B of this chapter.
(3)
The Zoning Administrator is authorized to access the property to
conduct inspections of stormwater practices as necessary to ascertain
that the practices are being maintained and operated in accordance
with the approved stormwater management plan.
(4)
The Zoning Administrator shall maintain public records of the results
of the site inspections, shall inform the landowner or other person
or entity responsible for maintenance of the results of any inspection,
and shall specifically indicate any corrective actions required to
bring the stormwater management practice into proper condition and
a reasonable time frame in which the corrective action must be taken.
(5)
The Zoning Administrator is authorized to perform the corrected actions
identified in the inspection report if the landowner or other person
or entity fails to make the required corrections in the specified
time period. The Town shall charge the landowner for the cost of such
work and, upon failure to receive payment for such work, shall levy
a special charge on the property pursuant to § 66.0627,
Wis. Stats.
C.
Alternate requirements. The Zoning Administrator may prescribe alternative
requirements for applicants seeking an exemption to on-site stormwater
management performance standards or for applicants seeking a permit
for a post-construction site with less than 20,000 square feet of
impervious surface disturbance.
D.
Termination of agreement. The maintenance agreement shall be terminated at such time that responsibility for maintenance of the stormwater management practice is legally transferred to the Town or agency acceptable to the Town, through a written, binding agreement. The termination date of the maintenance agreement required under § 90-8B shall be the date upon which the legal transfer of maintenance responsibility to the Town or other agency is made effective.
A.
Establishment of the guaranty. The Zoning Administrator may require
the submittal of a financial guaranty, the form and type of which
shall be acceptable to the Zoning Administrator. The financial guaranty
shall be in an amount determined by the Zoning Administrator to be
125% of the estimated cost of construction. The financial guaranty
shall give the Zoning Administrator the authorization to use the funds
to complete the project if the landowner defaults or does not properly
implement the approved stormwater management plan.
B.
Conditions for release. Conditions for release of the financial guaranty
are as follows:
(1)
The Zoning Administrator shall release the portion of the financial
guaranty established to assure installation of stormwater practices,
minus any costs incurred by or on behalf of the Zoning Administrator
to complete installation of stormwater practices, upon submission
of "as-built plans" by a licensed professional engineer. The Zoning
Administrator may make provisions for a partial pro rata release of
the financial guaranty based on the completion of stages of the stormwater
management system.
(2)
The Zoning Administrator shall determine if the responsible party
has performed the maintenance of the stormwater management practices
in accordance with the maintenance agreement. The maintenance shall
be performed to the satisfaction of the Zoning Administrator.
C.
Alternate requirements. The Zoning Administrator may prescribe alternative
requirements for applicants seeking an exemption to on-site stormwater
management performance standards or for applicants seeking a permit
for a post-construction site with less than 20,000 square feet of
impervious surface disturbance.
A.
Discharge to sanitary sewers. No person shall discharge any clear
water by means of sump pump or roof drains into any sanitary sewer,
and no person shall permit rainwater or surface water to drain directly
into any sanitary sewer.
B.
Discharge to storm sewer. All clear water shall discharge directly
into a storm sewer where such sewer is available, and the Director
of Public Works may direct such connection if he deems it necessary
and in the public interest.
(1)
Permit required. No person shall open any street, alley or other
public place for the purpose of connecting to a storm sewer or other
terminal without first obtaining from the Director of Public Works
a written permit to open such street, alley or public place.
(2)
Inspection. Any person receiving a permit to connect to a storm sewer
shall notify the Street Superintendent whenever the work is ready
for inspection. All work shall be left uncovered until examined and
approved by the Superintendent.
C.
Discharge to public streets. No person shall discharge any clear
water directly into a public street or alley from November 1 to March
31, inclusive. No person shall discharge any clear water directly
into a public street or alley from April 1 to October 31, inclusive,
without first obtaining a written permit to do so from the Director
of Public Works.
D.
Other discharges.
(2)
Such discharge shall not be directed so as to flow on adjacent property,
nor shall the discharge be allowed to accumulate and create ponds
of standing water or other public nuisance. Nothing contained in this
subsection shall act to relieve a person from complying with the other
provisions of this section.
E.
Correction; penalty. Any person who is the owner of any building
or land wherein there is a violation of the provisions of this section
shall cause the violation to be corrected within a maximum of 60 days
after being notified in writing by the Director of Public Works, whose
duty it shall be to enforce this section. Any person who shall thereafter
continue to violate the provisions of this section shall be subject
to the forfeiture provided for violation of this chapter. Nothing
in this section shall preclude the Town from maintaining any other
appropriate action to prevent or remove a violation of this section.
A.
Any activity initiated after the effective date of this chapter by
any person or entity subject to the provisions of this chapter shall
be deemed a violation unless conducted in accordance with said provisions.
B.
The Zoning Administrator may issue a citation or a notice of violation
in order to correct any violation of this chapter. A notice of violation
shall describe the nature of the violation, remedial actions needed,
a schedule for remedial action, and additional enforcement action
that may be taken.
C.
Upon receipt of written notification from the Zoning Administrator,
a permittee shall correct work that does not comply with the stormwater
management plan or other provisions of the permit within 30 days.
A permittee shall make corrections as necessary to meet the specifications
and schedule set forth by the Zoning Administrator in the notice.
D.
The Zoning Administrator may issue a stop-work order on any land
development activity that is taking place in violation of this article.
E.
The Zoning Administrator may suspend or revoke a permit issued under
this article for noncompliance with the provisions of this chapter.
F.
Any permit revocation or stop-work order shall remain in effect unless
retracted by the Zoning Administrator or by a court of competent jurisdiction.
G.
Any person or entity who fails to comply with any provision of this chapter or order issued hereunder shall be subject to a forfeiture under § 1-16A(5) of this Code.
H.
When the Zoning Administrator determines that a permittee has failed to follow practices set forth in the stormwater management plan submitted and approved pursuant to this chapter or has failed to comply with schedules set forth in said stormwater management plan, the Zoning Administrator or a party designated by the Zoning Administrator may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with the requirements of the approved stormwater management plan. The Zoning Administrator shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial guaranty posted pursuant to § 90-11 of this chapter. Where a financial guaranty has not been established or where such financial security is insufficient to cover these costs, the costs and expenses shall be billed to the landowner and upon default of payment shall be entered on the tax roll as a special charge against the property pursuant to § 66.0627, Wis. Stats., and collected with any other taxes levied thereon for the year in which the work is completed.
I.
Nothing in this article shall limit or exclude the Town from taking
any other action under any Town municipal code, state statute, or
other remedy allowed by law.
A.
Town Board. The Town Board shall hear and decide appeals where it
is alleged that there is error in any order, decision or determination
made by the Zoning Administrator in administering this chapter. The
Town Board shall also use the rules, procedures, duties and powers
authorized by statute in hearing and deciding appeals. Upon appeal,
the Town Board may authorize variances from the provisions of this
chapter which are not contrary to the public interest and where owing
to special conditions a literal enforcement of this chapter will result
in unnecessary hardship.
B.
Who may appeal. Appeals to the Town Board may be taken by any aggrieved
person or by an officer, department, board or bureau of the Town affected
by any decision of the administering authority.
If any section, clause, provision or portion of this chapter
is judged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of the article shall remain in force and not be affected
by such judgment.
[Adopted 9-21-2010 by Ord. No. 2010-013]
A.
The Town of Ledgeview finds that the management of stormwater and
other surface water discharges within and beyond its borders is a
matter that affects the public health, safety, and welfare of the
Town, its citizens, businesses, and others in the surrounding area.
The development of land increases impervious surfaces and results
in increased stormwater runoff. Surface water runoff may create erosion
of lands, threaten businesses and residences with water damage and
create sedimentation and other environmental damage in surrounding
areas. Specific requirements have been placed on the Town through
the Wisconsin Department of Natural Resources (DNR), Ch. NR 216, Wis.
Adm. Code, requiring the Town to improve the quality of stormwater
discharged to the waters of the state.
B.
The cost of operating and maintaining the Town stormwater management
system, ensuring regulatory compliance, and financing necessary plans,
studies, repairs, replacements, improvements and extension thereof
should, to the extent practicable, be allocated in relationship to
the benefits enjoyed and services received therefrom.
A.
In order to protect the health, safety and welfare of the public,
Town assets, and natural resources, the Town Board hereby exercises
its authority to establish the Town of Ledgeview's Stormwater
Utility and set the rates for stormwater management services.
B.
The Town Board shall operate and manage the Stormwater Utility.
C.
The Town is acting under the authority of Chapters 60 and 66 of the
Wisconsin Statutes, and particularly without limitation the following
sections: §§ 66.0809, 66.0811, and 66.0821. In addition,
since the Town Meeting has granted village powers, the Town is exercising
the power conferred upon village boards under Ch. 61, Wis. Stats.,
including, but not limited to § 61.34, Wis. Stats.
A.
Creation and supervision. The Town of Ledgeview hereby establishes
a Stormwater Utility. The operation of the Stormwater Utility shall
be subject to the review of the Board. The Administrator shall be
responsible for the maintenance and management of the Stormwater Utility
under direction of the Board.
B.
Facilities. The Town, through the Stormwater Utility, may acquire,
construct, lease, own, operate, maintain, extend, expand, replace,
clean, dredge, repair, conduct, manage, and finance such facilities
as are deemed by the Town to be proper and reasonably necessary for
a system of stormwater and surface water management. These facilities
may include, but are not limited to, land, surface and underground
drainage facilities, storm sewers, watercourses, ponds, ditches, street
sweepers, leaf vacuums and such other facilities and equipment relating
to collection of runoff, sediments, and other pollutants as will support
a stormwater management system, whether such facilities are owned
and operated directly by the Town or are provided under statutory
or contractual provisions and furnishings of which facilities create
or impose a cost or charge upon the Town for the services afforded
by such facilities.
C.
Transfer of assets and outstanding debt. Effective January 1, 2011,
the following assets and debts of the Town are hereby transferred
to the Stormwater Utility:
D.
Rates and charges. The Town may establish such rates and charges
as are necessary to finance planning, design construction, maintenance,
administration, and operation of the facilities in accordance with
the procedures set forth in this article.
E.
Budgeting process. The Stormwater Utility Administrator shall prepare
an annual budget, which is to include all operation and maintenance
costs, debt service, administrative fees, and other costs related
to the operation of the Stormwater Utility. The costs shall be spread
over the rate classification as determined by the Board. The budget
is subject to the public hearing and approval process, set forth in
§ 65.90, Wis. Stat.
F.
Excess revenues. The Stormwater Utility will retain any excess of
revenues over expenditures in a year in a segregated Stormwater Enterprise
Fund, which shall be used exclusively for purposes consistent with
this article.
G.
Financing methods. The Town Board has the authority as provided in
§§ 66.0821, 66.0627 and 66.0703 and may exercise such
authority with respect to all financing methods such as user charges,
special charges, special assessments and liens as provided therein.
In this article the following terms have the meanings set forth
below:
Related to or used for production of food and fiber, including
but not limited to general farming, livestock and poultry enterprises,
grazing, nurseries, horticulture, viticulture, truck farming, forestry,
sod production, cranberry productions, and wild crop harvesting and
includes lands for on-site buildings and other structures necessary
to carry out such activities.
Any person, owner or occupant, firm partnership, cooperative,
municipality, organization, governmental agency or political entity
provided with stormwater management services by the Town of Ledgeview
Stormwater Utility.
The temporary detaining or storage of stormwater in reservoirs
under predetermined and controlled conditions, with the rate of discharge
regulated by installed devices.
The real property that has been altered from its natural
state by the addition of any improvements that may include a building,
structure, impervious surface, change in grade or landscaping, agricultural
use of property; or property that has been graded for residential
or commercial development.
A residential space containing two dwelling units.
One or more rooms that are arranged, designed, or used as
living quarters for one family only. Individual bathrooms and complete
kitchen facilities, permanently installed, shall always be included
for each dwelling unit.
The statistical average of horizontal impervious area of
"single-family homes" within the Town of Ledgeview on the date of
the adoption of the article. The horizontal impervious area includes,
but is not limited to, all areas covered by structures, roof extensions,
patios, porches, driveways, and sidewalks.
That portion of any agricultural property which contains
one or more dwelling units, and vehicle garage regardless of whether
the dwelling units are on a separate lot or parcel.
Areas that have been paved, covered or compacted to inhibit
the natural infiltration of water into the soil or cause water to
run off the area in greater quantities or at an increased rate of
flow from that present under the natural conditions as undeveloped
property. Such areas may include, but are not limited to, all areas
covered by structures, roofs, roof extensions, patios, porches, driveways,
sidewalks, pavement, gravel, athletic courts, and compacted surfaces,
private roads, and parking lots. Excluded from this definition are
undisturbed land, lawn, fields, and public streets.
A parcel of land having a width and depth sufficient for
one principal building and its accessory building together with open
spaces required by the Town of Ledgeview Zoning Ordinance[1] and abutting a public street or access easement.
A residential space consisting of three or more dwelling
units within a single building, including apartments, residential
condominiums, and townhouses.
Any developed lot or parcel other than residential property
as defined herein, including, but not limited to, transient rentals
(such as hotels and motels), mobile home parks, commercial, industrial,
institutional, governmental property, parking lots, and agricultural
accessory buildings.
A legal unit of land division as recorded in the Brown County
Register of Deeds.
Any lot, parcel or farmstead home site with or without a
vehicle garage developed exclusively for residential purposes, including
single-family homes, duplex units, multifamily units, manufactured
homes and condominiums but not including transient rentals (such as
hotels and motels) and mobile home parks.
The surface water, including rain and snowmelt, which is
inhibited by impervious surfaces from naturally infiltrating into
soil.
Any residential property consisting of a single dwelling
unit.
All public storm sewers, drainage conduits, drainage conveyances,
roadside ditches, curb and gutter, and public greenways, and all improvements
thereto which by this section are constituted as the property and
responsibility of the Stormwater Utility, to be operated to, among
other things, conserve water, control discharges necessitated by rainfall
events, snowmelt or melting ice, 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.
The utility established under this article for the purpose
of managing stormwater and imposing charges for the recovery of costs
connected with such stormwater management services.
Property that has not been altered by the addition of any
improvements such as building, structure, change of grade or substantial
landscaping; a property shall be considered developed pursuant to
this article upon issuance of a certificate of occupancy or upon substantial
completion of construction or final inspection if no such certificate
is issued or where construction is at least 50% complete and construction
is halted for a period of three months.
A.
The Stormwater Utility shall establish a uniform system of stormwater
service charges that shall apply to each and every developed lot or
parcel within the Town. It shall be the policy to establish stormwater
service charges in such amount in order to pay for all or a part of
the operation and maintenance, administrative fees, debt service,
and other costs related to the operation of the stormwater management
utility. The Stormwater Utility may establish and modify stormwater
service charges, as necessary, so as to assure that the charges generate
adequate revenues to pay the costs of the stormwater management program
and that the costs are allocated fairly and proportionately to all
developed parcels in the Town.
B.
By this article, the Stormwater Utility is establishing the basis
for the rates that will be used to calculate and impose a charge upon
each developed lot and parcel within the Town for services and facilities
provided by the Stormwater Utility consistent with this article. Charges
imposed under this chapter are in addition to assessments imposed
by resolution of the Town of Ledgeview Municipal Code.
C.
The amount of the charge to be imposed, for each customer classification
shall be made by resolution of the Town Board. The current rates will
be set forth in a Stormwater Utility Rate Table and kept on file in
the office of the Town Clerk. The rates shall be reviewed by the Town
Board on an annual basis and adjusted as necessary.
D.
Charges shall be imposed to recover all or a portion of the costs for the Stormwater Utility set forth in § 90-25A. Such charges may include the following components:
(1)
Base charge (BC). The base charge may be imposed on all developed
property in the Town. The base charge will be designed to reflect
the fact that all developed properties benefit from the stormwater
management activities of the Town and that all developed properties
contribute in some way to the stormwater discharge that must be managed
by the Town. The base charge will be designed to collect the fixed
administrative costs of the storm sewer utility and the portion of
capital costs not covered by other means.
(2)
Equivalent runoff unit (ERU) charge. The ERU charge shall be imposed for all developed property in the Town based upon the amount of impervious area as reasonably determined by the Town under § 90-27.
(3)
Development charge (CC). A one-time charge may be imposed when a
property is converted from undeveloped to developed property or otherwise
becomes connected to the Town stormwater system. The charge may vary
based on the size of the parcel.
E.
The Stormwater Utility may make such other classifications in accordance with § 90-27 as will be likely to provide reasonable and fair distribution of the costs of the Stormwater Utility. In so doing, the Board may provide credits against certain charges set for the above facilities installed and maintained by the property owner for the purpose of lessening the stormwater flow from that given property.
F.
The Town of Ledgeview is hereby appointed as the collection agency for the Stormwater Utility. Bills shall be prepared by the Stormwater Utility or its agent and sent to the owner a minimum of 30 days prior to such bill being due pursuant to § 90-28 of each premises served. The Stormwater Utility shall allocate the actual cost of billing and collecting as a base charge.
A.
The Stormwater Utility may provide credits against the ERU charge pursuant to § 90-26C(1). The Stormwater Utility will not provide credits against the base charge or connection charge, unless a scrivener error is made and it is determined that the property owner paid an erroneous charge. The base charge shall include the following:
(1)
Base charge: the portion of the stormwater charge that is applied
to each residential, commercial, industrial and public entity customer
where the charge arises from the administrative and general expenses
of the Stormwater Utility. The fixed costs shall include the following:
(a)
Stormwater salaries, social security and fringe benefits based
upon percentage of time spent by Town employees on stormwater management
and related overhead functions;
(b)
Audit; costs for audits of the Stormwater Utility;
(c)
Stormwater facility rental cost;
(d)
Allocated share of liability, property and workers' compensation
insurance costs;
(e)
Stormwater newsletter expenses;
(f)
Stormwater office supplies;
(g)
Stormwater equipment maintenance;
(h)
Stormwater education and travel;
(i)
Stormwater street sweeping; and
(j)
Stormwater sinking fund.
(2)
ERU charge: the portion of the stormwater charge reflecting the costs
incurred by the Stormwater Utility related to activities in the construction,
maintenance and operations of the Town stormwater management system,
including costs related to acquisition of land and land rights, structures
and improvements, accessories, dry and wet stormwater detention basins,
swales, storm sewers, outfall limited release stormwater structures
such as weir structures, treatment of and removal of solids from existing
stormwater structures. These costs include variable portions of:
(a)
Stormwater salaries, social security and fringe benefits;
(b)
Stormwater overtime;
(c)
Stormwater legal services;
(d)
Stormwater engineering services;
(e)
Stormwater detention basin maintenance;
(f)
Stormwater storm sewer maintenance;
(g)
Stormwater yard waste services;
(h)
Stormwater monitoring and testing;
(i)
Stormwater locates;
(j)
Allocated costs for facilities based in the Ledgeview Municipal
Building used by employees who have a percentage of their labor time
allocated to the Stormwater Utility;
(k)
Stormwater equipment rental;
(l)
Stormwater operating supplies;
(m)
Stormwater capital projects; and
(n)
Debt service from stormwater capital projects.
B.
To be entitled
to consideration for a credit, the property owner shall file an application
together with a review fee with the Stormwater Utility that is supported
by documentation from a professional engineer and demonstrates the
conditions of this section has been met. The application is subject
to review and approval of the Stormwater Utility. The Stormwater Utility
may deny the application unless the property owner agrees to pay for
the necessary engineering services.
C.
Credits
may be provided under the following circumstances:
(1)
A nonresidential property owner may seek a credit on the ERU charge where it has installed and maintained an on-site stormwater management system that both mitigates flood impacts and provides treatment of pollutants in stormwater runoff utilizing a design providing management in excess of that required to comply with the standards specified in Chapter 90, Article I, that has been approved by the Utility.
D.
No credit
shall be considered for any "natural" features, including, but not
limited to, wetlands, streams and creeks, floodplains, or water impoundment
of any kind in existence prior to the passage of this article.
E.
The Stormwater
Utility may revoke the credit if the basis for the credit has materially
changed. The Stormwater Utility shall provide at least 30 days'
advance written notice of any proposed revocation.
A.
For purposes of imposing the base and ERU charges, all lots and parcels
within the Town shall be classified into the following five customer
classes:
B.
The Stormwater Utility shall prepare a list of lots and parcels within
the Town of Ledgeview and assign a customer classification of residential,
nonresidential, or undeveloped to each lot or parcel.
C.
The average square footage of impervious area of one ERU is established
to be equivalent to 5,800 square feet.
D.
ERUs shall be calculated per classification as follows:
(1)
Residential, single-family, including mobile homes: one ERU.
(2)
Residential, duplex: 0.75 ERU for each dwelling unit.
(3)
The charges imposed for the multifamily and nonresidential properties,
as defined herein, shall be the rate for one ERU, multiplied by the
numerical factor obtained by dividing the total impervious area of
multifamily or nonresidential property by the square footage of one
ERU. The factor shall be rounded down to the nearest 1/10, i.e., impervious
area in square feet.
|
___________________
5,800 square feet
|
= 1 ERU rate
|
|
e.g., 20,500 square feet
5,800 square feet
|
= 3.534 ERUs = 3.5 ERUs
|
E.
The Stormwater Utility/consultant shall be responsible for determining
the impervious area, based upon the best available information, including,
but not limited to, data supplied by the Town, aerial photography,
the property owner, tenant, or developer. The Stormwater Utility/consultant
may require additional information, as necessary, to make the determination.
The billing amount shall be updated by the Stormwater Utility/consultant
on any additions to the impervious area. Upon the property owner's
written notification and request, the Stormwater Utility/consultant
shall review impervious area for possible reductions.
F.
All unoccupied developed lots and parcels shall be subject to the
Stormwater Utility charges. Upon filing of a final plat or certified
survey map, a charge of 0.5 ERU times the rate shall be imposed on
each newly created undeveloped lot where such property discharges
stormwater into stormwater facilities constructed, financed or maintained
by the Stormwater Utility.
G.
All agricultural lands and parcels, including agricultural classified
properties, shall be subject to the Stormwater Utility charges. The
minimum charges for any undeveloped parcel shall be equal to the rate
of 20% of one ERU per parcel up to 100 acres. An eighty-percent credit
shall be given for agricultural buildings being used on an active
farm and zoned as agricultural or exclusive agricultural. An active
farm is one where the farming operation on said parcel produces the
majority of income for that owner.
[Amended 10-16-2012 by Ord. No. 2012-012]
A.
Stormwater Utility charges may be billed in advance either on the
utility bills issued by Ledgeview Sanitary District No. 2, where such
service exists, or on an annual basis or collected as a special charge
pursuant to § 66.0627, Wis. Stats., for areas not yet served
by Ledgeview Sanitary District No. 2. Nothing in this subsection shall
be construed to preclude the Stormwater Utility from billing on a
more frequent basis.
B.
The property owner is held responsible for all stormwater service
charges on real property that he or she or it owns. All stormwater
bills and notices of any nature relative to the stormwater management
program will be addressed to the owner and delivered with reasonable
care to the addressee by first-class mail. A failure to receive a
stormwater service charges bill shall not relieve any person of the
responsibility for payment of stormwater service charges within the
prescribed period nor exempt any party from any penalty imposed for
delinquency in payment thereof.
C.
The Stormwater Utility shall establish billing procedures and may
bill charges on the same invoice as water and sewer charges. Interest
on late payments may be charged not to exceed 1.5% per month. On October
15 of each year, the Town Treasurer shall cause a notice to be mailed
or delivered to the owner or occupant of any parcel to which Stormwater
Utility charges, plus any interest, are in arrears. All balances in
arrears on November 1 of each year shall become a lien on the parcel
and shall be inserted on the tax rolls for collection in accordance
with § 66.0809(3), Wis. Stats., as amended. Stormwater Utility
charges shall not be paid in installments.
D.
All delinquent charges shall be subject to a three-percent penalty
per quarter in addition to all other charges, including prior penalties
that exist when the delinquent charge is extended upon the tax roll.
A.
The Stormwater Utility charge, a determination of ERUs, or ERU credits
may be appealed by filing a written appeal with the Stormwater Utility
prior to the utility charge due date if not paid or within 30 days
of payment. The appeal shall specify all bases for the challenge and
the amount of the stormwater charge the appellant asserts is appropriate.
Failure to file a timely appeal waives all rights to challenge such
charge.
B.
The Town Board shall review said written appeal and shall determine
whether the stormwater charge is fair and reasonable or whether an
adjustment or refund is due the appellant. The Town Clerk shall provide
five business days' prior written notice of the time and place
of the Board's consideration of the appeal to the appellant/owner
at the address listed in the appeal. The appellant shall be notified
in writing, by first-class mail, of the Board's decision. If
the Board or the Town Clerk determines that a refund is due the appellant,
the refund will be applied as a credit on the customer's next
stormwater bill or will be refunded at the discretion of the Town
Clerk.
A.
In addition to any other method of charging for Stormwater Utility
costs, the Town may by resolution levy special assessments on property
in a limited and determinable area for special benefits conferred
upon property pursuant to § 66.0703, Wis. Stats. The failure
to pay such special assessments may result in a lien on the property
enforced pursuant to § 66.0703(13), Wis. Stats.
The Stormwater Utility finances shall be accounted for in a
separate Stormwater Management Fund by the Town. The Utility shall
prepare an annual budget, which is to include all operation and maintenance
costs, administrative costs, debt served and other costs related to
the operation of the Stormwater Utility. The budget is subject to
the approval by the Town Board. The costs shall be spread over the
rate classifications as determined by the Board. Any excess of revenues
over expenditures in a year will be retained by the Stormwater Management
Fund for subsequent years' needs.
A.
If any provision of this article or the application thereof to any
party or circumstance is held invalid, the invalidity shall not affect
other provisions or applications of this chapter, which can be given
effect without the invalid provision or application, and to this end,
the provisions of this chapter are declared severable.
B.
If any section, sentence, clause, phrase, or portion of this article
is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct,
and independent provision, and such holding shall not affect the validity
of the remainder of such ordinance.
