[HISTORY: Adopted by the Village Board of the Village of
Allouez 8-16-2016 by Ord. No. 2016-18 (Ch. 53 of the Village Code). Amendments noted where applicable.]
A.
Purpose. The general purpose of this chapter is to establish long-term
post-construction runoff management requirements that will diminish
the threats to public health, safety, welfare and the aquatic environment.
(1)
Specific purposes are to:
(a)
Further the maintenance of safe and healthful conditions.
(b)
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.
(c)
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.
(2)
This chapter applies to post-construction sites of any size that,
as determined by the Public Works Director, are likely to result in
runoff that exceeds the safe capacity of the existing drainage facilities
or receiving body of water, causes undue channel erosion, or increases
water pollution by scouring or the transport of particulate matter.
B.
Intent. It is the intent of the Village Board that this chapter regulates
post-construction stormwater discharges to the municipal separate
storm sewer system (MS4) and waters of the state. This chapter may
be applied on a site-by-site basis. The Village Board recognizes,
however, that the preferred method of achieving the stormwater performance
standards set forth in this chapter is through the preparation and
implementation of comprehensive, systems-level stormwater management
plans that cover hydrologic units, such as watersheds, on a municipal
and regional scale. Such plans may prescribe regional stormwater devices,
practices or systems, any of which may be designed to treat runoff
from more than one site prior to discharge to the MS4 or waters of
the state. Where such plans are in conformance with the performance
standards developed under § 281.16, Wis. Stats., for regional
stormwater management measures and have been approved by the Village
Board, it is the intent of this chapter that the approved plan be
used to identify post-construction management measures acceptable
for the community.
A.
This chapter is adopted by the Village Board under the authority
granted by § 61.354, Wis. Stats. Except as otherwise specified
in § 61.354, Wis. Stats., § 61.35, Wis. Stats.,
applies to this chapter and to any amendments to this chapter.
B.
The provisions of this chapter are deemed not to limit any other
lawful regulatory powers of the same governing body.
C.
The Village Board hereby designates the Public Works Director to
administer and enforce the provisions of this chapter. Any powers
granted or duties imposed upon the Public Works Director may be delegated
in writing by the Public Works Director to persons or entities acting
in the beneficial interest of or in the employ of the Village of Allouez.
D.
The requirements of this chapter do not preempt more stringent stormwater
management requirements that may be imposed by any of the following:
The Village Board finds that uncontrolled post-construction
runoff has a significant impact upon water resources and the health,
safety and general welfare of the community and diminishes the public
enjoyment and use of natural resources. Specifically, uncontrolled
post-construction runoff can:
A.
Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
B.
Diminish the capacity of lakes and streams to support fish, aquatic
life, and recreational and water supply uses by increasing pollutant
loading of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
C.
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads.
D.
Reduce the quality of groundwater by increasing pollutant loading.
E.
Threaten public health, safety, property and general welfare by overtaxing
storm sewers, drainageways, and other minor drainage facilities.
F.
Threaten public health, safety, property and general welfare by increasing
major flood peaks and volumes.
G.
Undermine floodplain management efforts by increasing the incidence
and levels of flooding.
As used in this chapter, the following terms shall have the
meanings indicated:
Maintenance of sufficient vegetation types and densities
such that the physical integrity of the streambank or lakeshore is
preserved. Self-sustaining vegetative cover includes grasses, forbs,
sedges and duff layers of fallen leaves and woody debris.
The Public Works Director who is hereby designated by the
Village Board to administer this chapter.
The National Oceanic and Atmospheric Administration (NOAA)
Atlas 14 Precipitation Frequency Atlas of the United States, Volume
8 (Midwestern States), published in 2013.
A calendar year of precipitation, excluding snow, which is
considered typical. For purposes of this chapter, "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 soil, sediment or pollutants
carried in runoff to the MS4 or waters of the state.
A day the Village Hall is routinely and customarily open
for business.
A court-issued order to halt land disturbing construction
activity that is being conducted without the required permit issued
by the Public Works Director or Building Inspector as appropriate.
A system for conveying both sanitary wastewater and stormwater
runoff.
A development or sale where multiple separate and distinct
land disturbing construction activities may be taking place at different
times on different schedules but under one plan. A common plan of
development or sale includes, but is not limited to, subdivision plats,
certified survey maps, and other developments.
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
An area upon which one or more land disturbing construction
activities occur, including areas that are part of a larger common
plan of development or sale.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall. The TR-55, Type II, twenty-four-hour
design storms for the Village of Allouez are: one-year, 2.2 inches;
two-year, 2.5 inches; five-year, 3.2 inches; ten-year, 3.7 inches;
twenty-five-year, 4.3 inches; fifty-year, 4.8 inches; and one-hundred-year,
5.1 inches.
Residential, commercial, industrial, institutional, or other
land uses and associated roads.
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.
Soil that has at least a three-foot-deep layer with at least
20% fines, or at least a five-foot-deep layer with at least 10% fines,
and engineered soil with an equivalent level of protection as determined
by the regulatory authority 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 employment of equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the Public Works
Director by the responsible party to assure that requirements of this
chapter are carried out in compliance with the stormwater management
plan.
The Village Board of Trustees.
Has the meaning given in § 340.01(22), Wis. Stats.
Has the meaning given in § 84.013(1)(b), Wis. Stats.
Has the meaning given in § 84.013(1)(c), Wis. Stats.
Has 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 areas
that typically are impervious. Gravel surfaces are considered impervious,
unless specifically designed to encourage infiltration.
A new development area less than five acres in size that
is located within existing urban sewer service areas, surrounded by
already existing development or existing development and natural or
man-made features where development cannot occur.
The entry of precipitation or runoff into or through the
soil.
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices, such as swales or roadside channels, designed for
conveyance and pollutant removal only.
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater,
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover that may result in runoff and lead to an increase in soil
erosion and movement of sediment into the MS4 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.
Any person holding fee title, an easement or other interest
in property which allows the person to undertake cropping, livestock
management, land disturbing construction activity or maintenance of
stormwater BMPs on the property.
A legal document that provides for long-term maintenance
of stormwater management and best management practices.
The highest level of performance that is achievable but is
not equivalent to a performance standard identified within this chapter.
Maximum extent practicable applies when the permit applicant demonstrates
to the Public Works Director'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 issues such as human safety
and welfare, endangered and threatened resources, historic properties
and geographic features. Maximum extent practicable allows flexibility
in the way to meet the performance standards and may vary based on
the performance standard and site conditions.
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.
As defined in Ch. NR 216, Wis. Adm. Code, a conveyance or
system of conveyances, including roads with drainage systems, municipal
streets, catch basins, curbs, gutters, ditches, constructed channels
or storm drains, which meets all the following criteria:
That 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.
A specific precipitation distribution developed by the United
States Department of Agriculture, Natural Resources Conservation Service,
using precipitation data from Atlas 14.
Located outside the property boundary described in the permit
application.
Located within the property boundary described in the permit
application.
Has the meaning given in § NR 115.03(6), Wis. Adm.
Code.
Waters listed in § NR 102.10, Wis. Adm. Code.
The percentage of a given sample of soil which passes through
a No. 200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Public Works Director
to the applicant to conduct land disturbing construction activity
or to discharge post-construction runoff to the MS4 or waters of the
state.
A sum of money paid to the Village of Allouez by the permit
applicant for the purpose of recouping the expenses incurred by the
authority in administering the permit.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
A construction site following the completion of land disturbing
construction activity and final site stabilization. For purposes of
this chapter, a post-construction site is classified as new development,
redevelopment, routine maintenance, or some combination of these three
classifications as appropriate.
The extent and distribution of land cover types present after
the completion of land disturbing construction activity and final
stabilization.
The extent and distribution of land cover types present before
the initiation of land disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
Has the meaning given in § NR 140.05(17), Wis.
Adm. Code.
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.[1]
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.
Any entity holding fee title to the property or other person
contracted or obligated by other agreement to implement and maintain
post-construction stormwater BMPs.
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.
Stormwater or precipitation, including rain, snow or ice
melt or similar water, that moves on the land surface via sheet or
channelized flow.
The entire area included in the legal description of the
land on which the land disturbing construction activity occurred.
An order issued by the Public Works Director which requires
that all construction activity on the site be stopped.
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has under gone final stabilization
following completion of the construction activity.
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
An edge, or point on the landscape, landward from the ordinary
high-water mark of a surface water of the state, where the slope of
the land begins to be less than 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the initial
50 feet landward from the ordinary high-water mark, the top of the
channel is the ordinary high-water mark.
The 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.
Technical Paper No. 40, Rainfall Frequency Atlas of the United
States, published in 1961.
The United States Department of Agriculture, Natural Resources
Conservation Service (previously Soil Conservation Service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986.
A public street, a public road, a public highway, 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.
Total suspended solids.
A rainfall type curve as established in the United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published 1973. The Type II curve is applicable to all of Wisconsin
and represents the most intense storm pattern.
Has the meaning given in § 281.01(18), Wis. Stats.
[1]
Editor's Note: See § 387-7D(4)(a) of this chapter.
A.
Applicability.
(1)
Where not otherwise limited by law, this chapter applies to all post-construction sites, unless the site is otherwise exempt under Subsection A(2).
(2)
A post-construction site that meets the criteria in this subsection
is exempt from the requirements of this chapter.
(a)
One- and two-family residential dwellings that are not part
of a larger common plan of development or sale and that result in
less than one acre of disturbance.
(3)
Notwithstanding the applicability requirements in Subsection A(1), this chapter applies to post-construction sites of any size that, in the opinion of the Public Works Director, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that may cause excessive site erosion, that increases water pollution by scouring or the transportation of particulate matter, or that endangers property or public safety.
B.
Jurisdiction. This chapter applies to post-construction sites within
the boundaries and jurisdiction of the Village of Allouez.
C.
Exclusions. This chapter 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,
and fueling/vehicle maintenance components of stormwater practices
needed to meet the water quality standards of this chapter:
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.
Technical standards and guidance identified within the Technical Reference Guide identified in § 387-15.
C.
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 Public
Works Director.
D.
In this chapter, the following year and location have been selected
as average annual rainfall: Green Bay, 1969 (March 29 to November
25).
A.
Responsible party. The responsible party shall implement a post-construction
stormwater management plan that incorporates the requirements of this
chapter.
B.
Plan. A written stormwater management plan in accordance with § 387-9 shall be developed and implemented for each post-construction site.
C.
Maintenance of effort. For redevelopment sites where the redevelopment
will be replacing older development that was subject to post-construction
performance standards of Ch. NR 151, Wis. Adm. Code, in effect on
or after October 1, 2004, the responsible party shall meet the total
suspended solids reduction, peak flow control, infiltration, and protective
areas standards applicable to the older development or meet the redevelopment
standards of this chapter, whichever is more stringent.
D.
Requirements. The stormwater management plan shall meet the following
minimum requirements to the maximum extent practicable:
(1)
Water quality. Best management practices (BMPs) shall be designed,
installed and maintained to control pollutants carried in runoff from
a post-construction site as follows. The design shall be based on
the average annual rainfall, as compared to no runoff management controls.
(a)
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, the following is required:
[1]
Except as provided in Subsection D(1)(a)[2], a total suspended solids (TSS) and total phosphorus (TP) load reduction is required as follows:
|
Table 1: TSS and TP Load Reduction
| |||||||
|---|---|---|---|---|---|---|---|
|
Watershed
|
New Development
|
Redevelopment
|
Routine Maintenance
| ||||
|
TSS
|
TP
|
TSS
|
TP
|
TSS
|
TP
| ||
|
East River TMDL
|
80%
|
41%
|
52%
|
41%
|
52%
|
41%
| |
|
Fox River TMDL
|
80%
|
41%
|
72%
|
41%
|
72%
|
41%
| |
[2]
No total suspended solids load reduction is required for routine
maintenance areas, unless runoff from the routine maintenance area
discharges into a proposed water quality BMP.
(b)
For post-construction sites with less than 20,000 square feet
of impervious surface disturbance, reduce the total suspended solids
and total phosphorus load using BMPs from the Technical Reference
Guide. These sites are not required to satisfy a numeric performance
standard but are required to be designed to maximize the removal of
these pollutants.
(d)
The amount of total suspended solids and total phosphorus removal
previously required for the site shall not be reduced as a result
of the proposed development or disturbance.
(e)
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 Public Works Director in accordance with Subsection F.
(f)
Notwithstanding Subsection D(1)(a) to (d), if the design cannot achieve the applicable total suspended solids and total phosphorus reduction specified, the stormwater management plan shall include a written and site-specific explanation why that level of reduction is not attained, and the total suspended solids and phosphorus load shall be reduced to the maximum extent practicable. Except as provided in Subsection G, the Public Works Director may not require any person to exceed the applicable water quality performance standard to meet the requirements of maximum extent practicable.
(2)
Peak discharge. Best management practices (BMPs) shall be designed,
installed and maintained to control peak discharges from a post-construction
site as follows:
(a)
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, the following is required:
[1]
The peak post-development discharge rate shall not exceed the
peak pre-development discharge rate for the one-year, two-year, ten-year,
and one-hundred-year, twenty-four-hour design storms. These peak discharge
requirements apply to new development and redevelopment areas. No
peak discharge control is required for routine maintenance areas,
unless runoff from the routine maintenance area discharges into a
proposed peak flow control facility.
[2]
TR-55 methodology shall be used for peak discharge calculations,
unless the Public Works Director approves an equivalent methodology.
The meanings of "hydrologic soil group" and "runoff curve number"
are as determined in TR-55. Peak pre-development discharge rates shall
be determined using the following runoff curve numbers. Peak discharges
shall be calculated using TR-55 runoff curve number methodology, Atlas
14 precipitation depths, and the appropriate NRCS Wisconsin MSE3 or
MSE4 precipitation distribution. On a case-by-case basis, the Public
Works Director may allow the use of TP-40 precipitation depths and
the Type II distribution. Unless the site is currently woodland, peak
pre-development discharge rates shall be determined using the runoff
curve numbers for a meadow vegetative cover.
|
Table 2: Maximum Pre-Development Curve Numbers (CN)
| |||||
|---|---|---|---|---|---|
|
Hydrologic Soil Group
|
A
|
B
|
C
|
D
| |
|
Grassland CN
|
39
|
61
|
71
|
78
| |
|
Woodland CN
|
30
|
55
|
70
|
77
| |
|
Meadow CN
|
30
|
58
|
71
|
78
| |
|
Lawn CN
|
39
|
61
|
74
|
80
| |
|
Impervious CN
|
98
|
98
|
98
|
98
| |
(b)
For post-construction sites with less than 20,000 square feet
of impervious surface disturbance, reduce peak post-development discharge
rates using BMPs from the Technical Reference Guide. These sites are
not required to satisfy a numeric performance standard but are required
to comply with the design criteria in this chapter to the maximum
extent possible.
(c)
Sites with a cumulative addition of 20,000 square feet or greater of impervious surfaces after the adoption of this chapter (August 16, 2016) are required to satisfy the performance standards within Subsection D(2)(a)[1] and [2].
(d)
The amount of peak discharge control previously required for
the site shall not be reduced as a result of the proposed development
or disturbance.
(e)
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 peak discharge reduction provided by the BMP for an off-site area shall not be used to satisfy the required on-site peak discharge reduction, unless otherwise approved by the Public Works Director in accordance with Subsection F.
(f)
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.
(3)
Infiltration. Best management practices (BMPs) shall be designed,
installed, and maintained to infiltrate runoff in accordance with
the following or to the maximum extent practicable:
(a)
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, one of the following is required:
[1]
Low imperviousness. For development up to 40% 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.
[2]
Moderate imperviousness. For development with more than 40%
and up to 80% connected imperviousness, such as medium- and high-density
residential, multifamily development, industrial and institutional
development, and office parks, infiltrate sufficient volume so that
the post-development infiltration volume shall be at least 75% of
the pre-development infiltration volume, based on an average annual
rainfall. However, when designing appropriate infiltration systems
to meet this requirement, no more than 2% of the post-construction
site is required as an effective infiltration area.
[3]
High imperviousness. For development with more than 80% 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 pre-development infiltration volume, based on an average annual
rainfall.
(b)
Pre-development condition shall assume "good hydrologic conditions"
for appropriate land covers as identified in TR-55 or an equivalent
methodology approved by the Public Works Director. The meanings of
"hydrologic soil group" and "runoff curve number" are as determined
in TR-55. The actual pre-development vegetative cover and runoff curve
numbers shall be as in Table 2.
(c)
For residential and nonresidential developments with less than
20,000 square feet of new impervious surfaces, infiltrate runoff volume
using BMPs from the Technical Reference Guide. These sites are not
required to satisfy a numeric performance standard but are required
to comply with the design criteria in this chapter to the maximum
extent possible.
(d)
Sites with a cumulative addition of 20,000 square feet or greater
of impervious surfaces after the adoption of this chapter are required
to satisfy the performance standards within Subsection C(3)(a), (b),
and (c).
(e)
The amount of infiltration previously required for the site
shall not be reduced as a result of the proposed development or disturbance.
(f)
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 Public Works Director in accordance with Subsection F.
(g)
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 D(3)(k). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(h)
Source area prohibitions. Infiltration of runoff from the following
areas is prohibited:
[1]
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 the
concurrence of the Public Works Director.
[2]
Storage and loading areas of Tier 2 industrial facilities identified
in § NR 216.21(2)(b), Wis. Adm. Code. Runoff from the employee
and guest parking and rooftop areas of a Tier 2 facility may be infiltrated
but runoff from the parking area may require pretreatment.
[3]
Fueling and vehicle maintenance areas. Rooftops of fueling and
vehicle maintenance areas may be infiltrated with the concurrence
of the Public Works Director.
(i)
Prohibitions. Infiltration practices may not be located in the
following areas:
[1]
Areas within 1,000 feet upgradient or within 100 feet downgradient
of direct conduits to groundwater.
[2]
Areas within 400 feet of a community water system well as specified
in § NR 811.16(4), Wis. Adm. Code, or within 100 feet of
a private well as specified in § NR 812.08(4), Wis. Adm.
Code, for runoff infiltrated from commercial, industrial and institutional
land uses or regional devices for residential development.
[3]
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.
(j)
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 source areas is optional:
[1]
Parking areas and access roads less than 5,000 square feet for
commercial development.
[2]
Parking areas and access roads less than 5,000 square feet for industrial development not subject to the prohibitions under Subsection D(3)(h).
[4]
Infill development areas less than five acres.
[5]
Roads in commercial, industrial and institutional land uses
and arterial residential streets.
(k)
Separation distances. Infiltration practices shall be located
so that the characteristics of the soil and the separation distance
between the bottom of the infiltration system and elevation of seasonal
high groundwater or the top of bedrock are in accordance with the
following:
[1]
Any area where the soil does not exhibit one of the following
soil characteristics between the bottom of the infiltration system
and the seasonal high groundwater or top of bedrock: at least a three-foot
soil layer with 20% fines or greater or at least a five-foot soil
layer with 10% fines or greater. This does not apply where the soil
medium within the infiltration system provides an equivalent level
of protection. This subsection does not prohibit infiltration of roof
runoff.
|
Table 3: Separation Distances and Soil Characteristics
| |||
|---|---|---|---|
|
Source Area
|
Separation Distance
|
Soil Characteristics
| |
|
Industrial, commercial and institutional parking lots and roads
|
5 feet or more
|
Filtering layer
| |
|
Residential arterial roads
|
5 feet or more
|
Filtering layer
| |
|
Roofs draining to subsurface infiltration practices
|
1 foot or more
|
Native or engineered soil with particles finer than coarse sand
| |
|
Roofs draining to surface infiltration practices
|
Not applicable
|
Not applicable
| |
|
All other impervious source areas
|
3 feet or more
|
Filtering layer
| |
(l)
Infiltration rate exemptions. Infiltration practices located
in the following areas may be credited toward meeting the requirement
under the following conditions, but the decision to infiltrate under
these conditions is optional:
[1]
Areas where the infiltration rate of the soil is less than 0.6
inch per hour measured at the site using a scientifically credible
field test method.
[2]
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.
(m)
Alternate uses. Where alternate uses of runoff are employed,
such as for toilet flushing, laundry, irrigation, or storage on green
roofs where an equivalent portion of the runoff is captured permanently
by rooftop vegetation, such alternate use shall be given equal credit
toward the infiltration volume required.
(n)
Groundwater standards.
[1]
Infiltration systems designed in accordance with this subsection
shall, to the extent technically and economically feasible, minimize
the level of pollutants infiltrating to groundwater and shall maintain
compliance with the preventive action limit at a point of standards
application in accordance with Ch. NR 140, Wis. Adm. Code. However,
if site-specific information indicates that compliance with a preventive
action limit is not achievable, the infiltration BMP may not be installed
or shall be modified to prevent infiltration to the maximum extent
practicable.
[2]
Notwithstanding Subsection D(3)(n)[1] the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
(4)
Protective areas.
(a)
"Protective area" means an area of land that commences at the
top of the channel of lakes, streams and rivers, or at the delineated
boundary of wetlands, and that is the greatest of the following widths,
as measured horizontally from the top of the channel or delineated
wetland boundary to the closest impervious surface. However, in this
subsection, "protective area" does not include any area of land adjacent
to any stream enclosed within a pipe or culvert, such that runoff
cannot enter the enclosure at this location.
[1]
For outstanding resource waters and exceptional resource waters,
and for wetlands in areas of special natural resource interest as
specified in § NR 103.04: 75 feet.
[2]
For perennial and intermittent streams identified on a United
States Geological Survey 7.5-minute series topographic map, or a county
soil survey map, whichever is more current: 50 feet.
[3]
For lakes: 50 feet.
[4]
For highly susceptible wetlands: 50 feet. Highly susceptible
wetlands include the following types: fens, sedge meadows, bogs, low
prairies, conifer swamps, shrub swamps, other forested wetlands, fresh
wet meadows, shallow marshes, deep marshes and seasonally flooded
basins.
[5]
For less susceptible wetlands: 10% of the average wetland width
but no less than 10 feet nor more than 30 feet. Less susceptible wetlands
include degraded wetlands dominated by invasive species such as reed
canary grass.
[6]
In Subsection D(4)(a)[1], [4] and [5], determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in § NR 103.03, Wis. Adm. Code.
[7]
For concentrated flow channels with drainage areas greater than
130 acres: 10 feet.
[8]
Wetlands shall be delineated. Wetland boundary delineations shall be made in accordance with § NR 103.08(1m), Wis. Adm. Code. This Subsection D(4) 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.
[9]
For concentrated flow channels with drainage areas greater than
130 acres: 10 feet.
[10]
Notwithstanding Subsection D(4)(a)[1] to [9], the greatest protective area width shall apply where rivers, streams, lakes, and wetlands are contiguous.
(c)
The following requirements shall be met:
[1]
Impervious surfaces shall be kept out of the protective area
to the maximum extent practicable. The stormwater management plan
shall contain a written site-specific explanation for any parts of
the protective area that are disturbed during construction.
[2]
Where land disturbing construction activity occurs within a
protective area, and where no impervious surface is present, adequate
sod or self-sustaining vegetative cover of 70% or greater shall be
established and maintained. The adequate sod or self-sustaining vegetative
cover shall be sufficient to provide for bank stability, maintenance
of fish habitat and filtering of pollutants from upslope overland
flow areas under sheet flow conditions. Nonvegetative materials, such
as rock riprap, may be employed on the bank as necessary to prevent
erosion, such as on steep slopes or where high-velocity flows occur.
[3]
Best management practices such as filter strips, swales, or
wet detention basins that are designed to control pollutants from
nonpoint sources may be located in the protective area.
(d)
A protective area established or created after the adoption of this chapter shall not be eliminated or reduced, except as allowed in Subsection D(4)(e)[2], [3] or [4] below.
(e)
Exemptions. The following areas are not required to meet the protective area requirements of this Subsection D(4):
(5)
Fueling and vehicle maintenance areas. Fueling and vehicle maintenance
areas shall, to the maximum extent practicable, have BMPs designed,
installed and maintained to reduce petroleum within runoff, such that
the runoff that enters the MS4 or waters of the state contains no
visible petroleum sheen.
(6)
Swale treatment for transportation facilities. This Subsection D(6) is not applicable to transportation facilities that are part of a larger common plan of development or sale.
(a)
Requirement. Except as provided in Subsection D(6)(b), transportation facilities that use swales for runoff conveyance and pollutant removal meet all of the requirements of this section, if the swales are designed to the maximum extent practicable to do all of the following, or to the maximum extent practicable:
[1]
Swales shall 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.
[2]
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.
(b)
Other requirements. Notwithstanding Subsection D(6)(a), the Public Works Director 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:
[1]
An outstanding resource water.
[2]
An exceptional resource water.
[3]
Waters listed in Section 303(d) of the federal Clean Water Act
that are identified as impaired, in whole or in part, due to nonpoint
source impacts.
[4]
Waters where targeted performance standards are developed under
§ NR 151.004, Wis. Adm. Code, to meet water quality standards.
(7)
Exemptions. The following areas are not required to meet the performance standards within Subsection D:
(a)
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.
(b)
The following transportation facilities are exempt, provided
the transportation facility is not part of a larger common plan of
development or sale:
[1]
Reconditioning or resurfacing of a highway.
[2]
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.
[3]
Routine maintenance if performed for stormwater conveyance system
cleaning.
[4]
A transportation facility with less than 10% connected imperviousness based on complete development of the transportation facility, provided the cumulative area of all parking lots and rooftops is less than one acre. Notwithstanding this exemption, the protective area requirements of Subsection D(4) still apply.
[5]
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.
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.
F.
Location and regional treatment option.
(1)
General. To comply with Subsection D performance standards, the BMPs may be located on site or off site as part of a regional stormwater device, practice or system.
(2)
Off-site or regional BMP. The Public Works Director may authorize
credit for an off-site or regional BMP provided that all of the following
conditions are satisfied:
(a)
The Public Works Director determines that the post-construction
runoff is covered by a stormwater management system plan that is approved
by the Village of Allouez and that contains management requirements
consistent with the purpose and intent of this chapter.
(b)
The off-site facility meets all of the following conditions:
[1]
The BMP facility has received all applicable permits and is
in place.
[2]
The BMP shall be installed and operational before the construction
site has undergone final stabilization.
[3]
The BMP is designed and adequately sized to provide a level of stormwater control equal to or greater than that which would be afforded by on-site BMPs meeting the Subsection D performance standards.
[4]
The BMP owner has entered into a maintenance agreement with
the Village of Allouez 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, such as the Village of Allouez, has provided written authorization which indicates the permit applicant may use the BMP for Subsection D performance standard compliance.
[6]
Where a regional treatment option exists such that the Public
Works Director 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 Public Works Director. In determining the fee for post-construction
runoff, the Public Works Director shall consider an equitable distribution
of the cost for land, engineering design, construction, and maintenance
of the regional treatment option.
(3)
Best management practices (BMPs) in non-navigable waters. For purposes of determining compliance with the performance standards of Subsection D, the Public Works Director 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 non-navigable waters.
(4)
Best management practices (BMPs) in navigable waters.
(a)
New development runoff. Except as allowed under Subsection F(4)(b), BMPs designed to treat post-construction runoff from new development areas may not be located in navigable waters and, for purposed of determining compliance with the performance standards of Subsection D, the Public Works Director may not give credit for such BMPs.
(b)
New development runoff exemption. Best management practices (BMPs) to treat post-construction runoff from new development areas may be located within navigable waters and may be creditable by the Public Works Director under Subsection D if all of the following are met:
(c)
Existing development and post-construction runoff from redevelopment, routine maintenance, and infill development areas. Except as provided in Subsection F(4)(d), BMPs designed to treat post-construction runoff for existing development and post-construction runoff from development, routine maintenance and infill development areas may not be located in navigable waters and, for purposes of determining compliance with the performance standards of Subsection D, the Public Works Director may not give credit for such BMPs.
(d)
Existing development and post-construction runoff from redevelopment, routine maintenance, and infill development areas exemption. Best management practices (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 waters and, for purposes of determining compliance with the performance standards of Subsection D, the Public Works Director may give credit for such BMPs if any of the following are met:
(5)
Water quality trading. To comply with Subsection D(1) performance standards, the Public Works Director may authorize credit for water quality trading provided 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 trading ratios established
by the Wisconsin Department of Natural Resources or the Public Works
Director.
(c)
The water quality trade shall comply with applicable regulations,
standards, and guidance developed by the Wisconsin Department of Natural
Resources.
(d)
The responsible party shall furnish a copy of executed water
quality trading agreements or other related information deemed necessary
by the Public Works Director in order to authorize credit.
G.
Targeted performance standards. The Public Works Director may establish numeric water quality requirements that are more stringent than those set forth in Subsection D in order to meet the targeted performance standards, total maximum daily loads, and/or water quality standards for a specific water body or area. The numeric water quality requirements may be applicable to any permitted site, regardless of the size of land disturbing construction activity.
H.
Alternate requirements. The Public Works Director may establish stormwater
management requirements more stringent than those set forth in this
section if the Public Works Director determines that an added level
of protection is needed to protect sensitive resources or improve
flooding problems. Also, the Public Works Director may establish stormwater
management requirements less stringent than those set forth in this
section if the Public Works Director 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 the Wisconsin
Department of Natural Resources under Ch. NR 151, Wis. Adm. Code.
A.
Permit required. No responsible party may undertake a land disturbing
construction activity without receiving a post-construction runoff
permit from the Public Works Director prior to commencing the proposed
activity.
B.
Permit application and fees. Unless specifically excluded by this
chapter, any responsible party desiring a permit shall submit to the
Public Works Director a permit application made on a form provided
by the Public Works Director for that purpose.
(1)
Unless otherwise excepted by this chapter, a permit application must
be accompanied by a stormwater management plan, a maintenance agreement
and a nonrefundable permit administration fee.
(2)
The stormwater management plan shall be prepared to meet the requirements of §§ 387-7 and 387-9, the maintenance agreement shall be prepared to meet the requirements of § 387-10, the financial guarantee shall meet the requirements of § 387-11, and fees shall be those established by the Village Board as set forth in § 387-12.
C.
Review and approval of permit application. The Public Works Director
shall review any permit application that is submitted with a stormwater
management plan, maintenance agreement, and the required fee. The
following approval procedure shall be used:
(1)
Within 20 business days of the receipt of a complete permit application, including all items as required by Subsection B, the Public Works Director shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this chapter.
(2)
If the stormwater permit application, plan and maintenance agreement
are approved, or if an agreed upon payment of fees in lieu of stormwater
management practices is made, the Public Works Director shall issue
the permit.
(3)
If the stormwater permit application, plan or maintenance agreement
is disapproved, the Public Works Director shall detail in writing
the reasons for disapproval.
(4)
The Public Works Director may request additional information from
the applicant. If additional information is submitted, the Public
Works Director shall have 20 business days from the date the additional
information is received to inform the applicant that the plan and
maintenance agreement are either approved or disapproved.
(5)
Failure by the Public Works Director to inform the permit applicant
of a decision within 20 business days of a required submittal shall
be deemed to mean approval of the submittal and the applicant may
proceed as if a permit had been issued.
D.
Permit requirements. All permits issued under this 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 Public Works Director may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Public Works Director to suspend or revoke this permit may be appealed in accordance with § 387-14.
(1)
Compliance with this permit does not relieve the responsible party
of the responsibility to comply with other applicable federal, state,
and local laws and regulations.
(2)
The responsible party shall design and install all structural and
nonstructural stormwater management measures in accordance with the
approved stormwater management plan and this permit.
(3)
The responsible party shall notify the Public Works Director at least 10 business days before commencing any work in conjunction with the stormwater management plan and within 10 business days upon completion of the stormwater management practices. If required as a special condition under Subsection E, the responsible party shall make additional notification according to a schedule set forth by the Public Works Director so that practice installations can be inspected during construction.
(4)
Practice installations required as part of this chapter shall be
certified "as built" by a licensed professional engineer. Completed
stormwater management practices must pass a final inspection by the
Public Works Director or his designee to determine if they are in
accordance with the approved stormwater management plan and this chapter.
The Public Works Director or his designee shall notify the responsible
party in writing of any changes required in such practices to bring
them into compliance with the conditions of this permit.
(5)
The responsible party shall notify the Public Works Director of any
significant modifications it intends to make to an approved stormwater
management plan. The Public Works Director may require that the proposed
modifications be submitted to him for approval prior to incorporation
into the stormwater management plan and execution by the responsible
party.
(6)
The responsible party shall maintain all stormwater management practices
in accordance with the stormwater management plan until the practices
either become the responsibility of the Village Board or are transferred
to subsequent private owners as specified in the approved maintenance
agreement.
(7)
The responsible party authorizes the Public Works Director to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan and consents to a special assessment or charge against the property as authorized under Subchapter VII of Ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 387-11.
(8)
If so directed by the Public Works Director, the responsible party
shall repair at the responsible party's own expense all damage
to adjoining municipal facilities and drainageways caused by runoff,
where such damage is caused by activities that are not in compliance
with the approved stormwater management plan.
(9)
The responsible party shall permit property access to the Public
Works Director or his designee for the purpose of inspecting the property
for compliance with the approved stormwater management plan and this
permit.
(10)
Where site development or redevelopment involves changes in direction, increases in peak rate and/or total volume of runoff from a site, the Public Works Director may require the responsible party to make appropriate legal arrangements with affected property owners concerning the prevention of endangerment to property or public safety. The responsible party is subject to the enforcement actions and penalties detailed in § 387-13 if the responsible party fails to comply with the terms of this permit.
(11)
The permit applicant shall post the certificate of permit coverage
in a conspicuous location at the construction site.
F.
Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the Public Works Director notifies the responsible party that all stormwater management practices have passed the final inspection required under Subsection D(4).
G.
Alternate requirements. The Public Works Director may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 387-7D or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.
A.
Plan requirements. The stormwater management plan required under § 387-8B shall comply with the Technical Reference Guide and contain at a minimum the following information:
(1)
Name, address, and telephone number of the landowner and responsible
parties.
(2)
A legal description of the property proposed to be developed.
(3)
Pre-development site map with property lines, disturbed limits, and
drainage patterns.
(4)
Post-development site map with property lines, disturbed limits,
and drainage patterns.
(a)
Total area of disturbed impervious surfaces within the site.
(b)
Total area of new impervious surfaces within the site.
(c)
Performance standards applicable to site.
(d)
Proposed best management practices.
(e)
Groundwater, bedrock, and soil limitations.
(f)
Separation distances. Stormwater management practices shall
be adequately separated from wells to prevent contamination of drinking
water.
B.
Alternate requirements. The Public Works Director may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 387-7D or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.
A.
Maintenance agreement required. The maintenance agreement required under § 387-8B for stormwater management practices shall be an agreement between the Village of Allouez and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the Brown County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.
B.
Agreement provisions. The maintenance agreement shall contain the
following information and provisions:
(1)
Identification of the stormwater facilities and designation of the
drainage area served by the facilities.
(2)
A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under § 387-8B.
(3)
Identification of the responsible party(s), organization or city, county, town or village responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan required under § 387-8B.
(4)
Requirement that the responsible party(s), organization, or city, county, town or village shall maintain stormwater management practices in accordance with the schedule included in Subsection B(2).
(5)
Authorization for the Public Works Director to access the property
to conduct inspections of stormwater management practices as necessary
to ascertain that the practices are being maintained and operated
in accordance with the agreement.
(6)
A requirement on the Public Works Director to maintain public records
of the results of the site inspections, to inform the responsible
party responsible for maintenance of the inspection results, and to
specifically indicate any corrective actions required to bring the
stormwater management practice into proper working condition.
(7)
Agreement that the party designated under Subsection B(3) as responsible for long-term maintenance of the stormwater management practices shall be notified by the Public Works Director of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Public Works Director.
(8)
Authorization of the Public Works Director to perform the corrective actions identified in the inspection report if the responsible party designated under Subsection B(3) does not make the required corrections in the specified time period. The Public Works Director shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subchapter VII of Ch. 66, Wis. Stats.
C.
Alternate requirements. The Public Works Director may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 387-7D or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.
A.
Establishment of the guarantee. The Public Works Director may require
the submittal of a financial guarantee, the form and type of which
shall be acceptable to the Village of Allouez. The financial guarantee
shall be in an amount determined by the Public Works Director to be
the estimated cost of construction and the estimated cost of maintenance
of the stormwater management practices during the period which the
designated party in the maintenance agreement has maintenance responsibility.
The financial guarantee shall give the Public Works Director the authorization
to use the funds to complete the stormwater management practices if
the responsible party defaults or does not properly implement the
approved stormwater management plan, upon written notice to the responsible
party by the Public Works Director that the requirements of this chapter
have not been met.
B.
Conditions for release. Conditions for the release of the financial
guarantee are as follows:
(1)
The Public Works Director shall release the portion of the financial
guarantee established under this section, less any costs incurred
by the Public Works Director to complete installation of practices,
upon submission of as-built plans by a licensed professional engineer.
The Public Works Director may make provisions for a partial pro rata
release of the financial guarantee based on the completion of various
development stages.
(2)
The Public Works Director shall release the portion of the financial
guarantee established under this section to assure maintenance of
stormwater practices, less any costs incurred by the Public Works
Director, at such time that the responsibility for practice maintenance
is passed on to another entity via an approved maintenance agreement.
C.
Alternate requirements. The Public Works Director may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 387-7D or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.
The fees referred to in other sections of this chapter shall
be established by the Village Board and may from time to time be modified
by resolution. A schedule of the fees established by the Village Board
shall be available for review in the Village Hall.
A.
Any land disturbing construction activity or post-construction runoff
initiated after the effective date of this chapter by any person,
firm, association, or corporation subject to the provisions of this
chapter shall be deemed a violation unless conducted in accordance
with the requirements of this chapter.
B.
The Public Works Director shall notify the responsible party by certified
mail of any noncomplying land disturbing construction activity or
post-construction runoff. The notice shall describe the nature of
the violation, remedial actions needed, a schedule for remedial action,
and additional enforcement action which may be taken.
C.
Upon receipt of written notification from the Public Works Director under Subsection B, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Public Works Director in the notice.
D.
If the violations to a permit issued pursuant to this chapter are
likely to result in damage to properties, public facilities, or waters
of the state, the Public Works Director may enter the land and take
emergency actions necessary to prevent such damage. The costs incurred
by the Public Works Director plus interest and legal costs shall be
billed to the responsible party.
E.
The Public Works Director is authorized to post a stop-work order
on all land disturbing construction activity that is in violation
of this chapter or to request the Village Attorney to obtain a cease-and-desist
order in any court with jurisdiction.
F.
The Public Works Director may revoke a permit issued under this chapter
for noncompliance with ordinance provisions.
G.
Any permit revocation, stop-work order, or cease-and-desist order
shall remain in effect unless retracted by the Public Works Director
or by a court with jurisdiction.
H.
The Public Works Director is authorized to refer any violation of
this chapter, or of a stop-work order or cease-and-desist order issued
pursuant to this chapter, to the Village Attorney for the commencement
of further legal proceedings in any court with jurisdiction.
I.
Any person, firm, association, or corporation who or which does not
comply with the provisions of this chapter shall be subject to a forfeiture
of not less than $100 nor more than $1,000 per offense, together with
the costs of prosecution. Each day that the violation exists shall
constitute a separate offense.
J.
Compliance with the provisions of this chapter may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease-and-desist order before resorting
to injunctional proceedings.
K.
When the Public Works Director determines that the holder of a permit issued pursuant to this chapter has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the Public Works Director or a party designated by the Public Works Director may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The Public Works Director shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to § 387-11 of this chapter. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon.
A.
Appeals. Pursuant to § 385-15 of this Code and pursuant to § 61.354(4)(b), Wis. Stats., the Village Board:
(1)
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Public Works Director in administering this chapter, except for cease-and-desist orders obtained under § 387-13E;
(2)
Upon appeal, 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 the provisions of
this chapter will result in unnecessary hardship; and
(3)
Shall use the rules, procedures, duties and powers authorized by
statute in hearing and deciding appeals and authorizing variances.
B.
Who may appeal. Appeals to the Village Board may be taken by any
aggrieved person or by any office, department, board, or bureau of
the Village of Allouez affected by any decision of the Public Works
Director.
The Post-Construction Stormwater Management Technical Reference
Guide is hereby incorporated into this chapter. The Technical Reference
Guide is intended to assist in interpretation and implementation of
this chapter.
