[HISTORY: Adopted by the Common Council of the City of Watertown
as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 08-26 (§ 20.16 of the former City Code); amended in
its entirety 10-18-2016 by Ord. No. 16-19]
A.
This article is adopted under the authority granted by § 62.234,
Wis. Stats. This article supersedes all provisions of an ordinance
previously enacted under § 62.23, Wis. Stats., that relates
to construction site erosion control. Except as otherwise specified
in § 62.234, Wis. Stats., § 62.23, Wis. Stats.,
applies to this article and to any amendments to this article.
B.
The provisions of this article are deemed not to limit any other
lawful regulatory powers of the same governing body.
C.
The Common Council hereby authorizes the Public Works Director/City
Engineer and its designees to administer and enforce the provisions
of this article.
[Amended 7-5-2022 by Ord. No. 22-63]
D.
The requirements of this article do not preempt more stringent erosion
and sediment control requirements that may be imposed by any of the
following:
(1)
Wisconsin Department of Natural Resources administrative rules, permits
or approvals including those authorized under §§ 281.16
and 283.33, Wis. Stats.
(2)
Targeted nonagricultural performance standards promulgated in rules
by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
The Common Council finds that runoff from land-disturbing construction
activity carries a significant amount of sediment and other pollutants
to the waters of the state in the City of Watertown.
It is the purpose of this article to further the maintenance
of safe and healthful conditions; prevent and control water pollution;
prevent and control soil erosion; protect spawning grounds, fish and
aquatic life; control building sites, placement of structures and
land uses; preserve ground cover and scenic beauty; and promote sound
economic growth, by minimizing the amount of sediment and other pollutants
carried by runoff or discharged from land-disturbing construction
activity to waters of the state in the City of Watertown.
A.
Applicability.
(2)
This article does not apply to the following:
(a)
Land-disturbing construction activity that includes the construction
of a one- or two-family residential site less than one acre and is
otherwise regulated by the Wisconsin Department of Safety and Professional
Services.
(b)
A construction project that is exempted by federal statutes
or regulations from the requirement to have a national pollutant discharge
elimination system permit issued under Chapter 40, Code of Federal
Regulations, Part 122, for land-disturbing construction activity.
(c)
Nonpoint discharges from agricultural facilities and practices.
(d)
Nonpoint discharges from silviculture activities.
(e)
Construction projects that do not result in land-disturbing
activity including mill and crush operations that do not have soil
disturbance, filling or road shoulder grading.
(f)
Routine maintenance for project sites under five acres of land
disturbance if performed to maintain the original line and grade,
hydraulic capacity or original purpose of the facility.
(3)
Notwithstanding the applicability requirements in Subsection A(1), this article applies to construction sites of any size that, in the opinion of the City, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
B.
Jurisdiction. This article applies to land-disturbing construction
activity on construction sites located within the boundaries and jurisdiction
of the City of Watertown.
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 the understanding
entered into under § 281.33(2), Wis. Stats.
As used in this article, the following terms shall have the
meanings indicated:
A governmental employee or his/her designee that is designated
by the City of Watertown to administer this article.
Has the meaning in § 281.16(1), Wis. Stats.
A typical calendar year of precipitation as determined by
the Wisconsin Department of Natural Resources for users of models
such as WlnSLAMM, P8 or equivalent methodology. The average annual
rainfall is chosen from a department publication for the location
closest to the City.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the state.
A day the City 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.
An area upon which one or more land-disturbing construction
activities occur, including areas that are part of a larger common
plan of development or sale where multiple separate and distinct land-disturbing
construction activities may be taking place at different times on
different schedules but under one plan.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency
and total depth of rainfall.
The creation from one parcel of four or fewer parcels or
building sites of one or fewer acres each in area where such creation
occurs at one time or through the successive partition within a five-year
period.
The process by which the land's surface is worn away by the
action of wind, water, ice or gravity.
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
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.
That all land-disturbing construction activities at the construction
site have completed and that 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.
The City Public Works Commission or the City Council.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. Land-disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this article as determined in accordance with § 288-6 of this article.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the City of Watertown to
the applicant to conduct land-disturbing construction activity or
to discharge post-construction runoff to waters of the state.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
The individual holding the Public Works Director/City Engineer
title or his/her designees within the City of Watertown.
[Amended 7-5-2022 by Ord. No. 22-63]
The landowner or any other entity performing services to
meet the requirements of this article through a contract or other
agreement.
Stormwater or precipitation including rain, snow or ice melt
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 area included in the legal description of the
land on which the land-disturbing construction activity is proposed
in the permit application.
An order issued by the City which requires that all construction
activity on the site be stopped.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
Includes those portions of Lake Michigan and Lake Superior
within the boundaries of this state, and all lakes, bays, rivers,
streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses,
drainage systems and other surface water or groundwater, natural or
artificial, public or private, within this state or its jurisdiction.
Maximum extent practicable applies when a person who is subject
to a performance standard of this article demonstrates to the City'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 responsible party 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.
A.
Design criteria, standards and specifications. All BMPs required
to comply with this article shall meet the design criteria, standards
and specifications based on any of the following:
(1)
Design guidance and technical standards identified or developed by
the Wisconsin Department of Natural Resources under Subchapter V of
Chapter NR 151, Wis. Adm. Code.
(2)
Soil loss prediction tools [such as the Universal Soil Loss Equation
(USLE)] when using an appropriate rainfall or runoff factor (also
referred to as the R factor) or an appropriate design storm and precipitation
distribution, and when considering the geographic location of the
site and the period of disturbance.
A.
Responsible party. The responsible party shall implement an erosion and sediment control plan, developed in accordance with § 288-10 that incorporates the requirements of this section.
B.
Plan. A written plan shall be developed in accordance with § 288-10 and implemented for each construction site. Simplified plans may be completed for sites with less than one acre of land-disturbing construction activity in accordance with the requirements of this article.
C.
Erosion and other pollutant control requirements. The plan required under Subsection B shall include the following:
(1)
Erosion and sediment control practices. Erosion and sediment control
practices shall be used at each site where more than 3,000 square
feet of land-disturbing construction activity is to occur, and shall
be used to prevent or reduce all of the following:
(a)
The deposition of soil from being tracked onto streets by vehicles.
(b)
The discharge of sediment from disturbed areas into on-site
stormwater inlets.
(c)
The discharge of sediment from disturbed areas into adjacent
waters of the state.
(d)
The discharge of sediment from drainageways that flow off the
site.
(e)
The discharge of sediment by dewatering activities.
(f)
The discharge of sediment eroding from soil stockpiles existing
for more than seven days.
(g)
The discharge of sediment from erosive flows at outlets and
in downstream channels.
(h)
The transport by runoff into waters of the state of chemicals,
cement, and other building compounds and materials on the construction
site during the construction period. However, projects that require
the placement of these materials in waters of the state, such as constructing
bridge footings or BMP installations, are not prohibited by this subsection.
(i)
The transport by runoff into waters of the state of untreated
wash water from vehicle and wheel washing.
(2)
Sediment performance standards. In addition to the erosion and sediment control practices under Subsection C(1), the following erosion and sediment control practices shall be employed for all construction sites with more than one acre of land-disturbing construction activity:
(a)
BMPs that, by design, discharge no more than five tons per acre
per year, or to the maximum extent practicable, of the sediment load
carried in runoff from initial grading to final stabilization.
(b)
No person shall be required to employ more BMPs than are needed
to meet a performance standard in order to comply with maximum extent
practicable. Erosion and sediment control BMPs may be combined to
meet the requirements of this subsection. Credit may be given toward
meeting the sediment performance standard of this subsection for limiting
the duration or area, or both, of land-disturbing construction activity,
or for other appropriate mechanisms.
(c)
Notwithstanding Subsection C(2)(a), if BMPs cannot be designed and implemented to meet the sediment performance standard, the erosion and sediment control plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.
(3)
Preventive measures. The erosion and sediment control plan shall
incorporate all of the following:
(a)
Maintenance of existing vegetation, especially adjacent to surface
waters whenever possible.
(b)
Minimization of soil compaction and preservation of topsoil.
(c)
Minimization of land-disturbing construction activity on slopes
of 20% or more.
(d)
Development of spill prevention and response procedures.
D.
Location. The BMPs used to comply with this section shall be located
prior to runoff entering waters of the state.
E.
Implementation. The BMPs used to comply with this section shall be
implemented as follows:
(1)
Erosion and sediment control practices shall be constructed or installed before land-disturbing construction activities begin in accordance with the erosion and sediment control plan developed in § 288-10.
(2)
Erosion and sediment control practices shall be maintained until
final stabilization.
(3)
Final stabilization activity shall commence when land-disturbing
activities cease and final grade has been reached on any portion of
the site.
(4)
Temporary stabilization activity shall commence when land-disturbing
activities have temporarily ceased and will not resume for a period
exceeding 14 calendar days.
(5)
BMPs that are no longer necessary for erosion and sediment control
shall be removed by the responsible party.
F.
Alternate requirements. The City may establish stormwater management
requirements more stringent than those set forth in this section if
the City determines that an added level of protection is needed for
sensitive resources.
A.
Permit required. No responsible party may commence a land-disturbing
construction activity subject to this article without receiving prior
approval of an erosion and sediment control plan for the site and
a permit from the City.
B.
Permit application and fees. At least one responsible party desiring to undertake a land-disturbing construction activity subject to this article shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 288-10 and shall pay an application fee to the City of Watertown. By submitting an application, the applicant is authorizing the City of Watertown to enter the site to obtain information required for the review of the erosion and sediment control plan.
C.
Review and approval of permit application. The City shall review
any permit application that is submitted with an erosion and sediment
control plan, and the required fee. The following approval procedure
shall be used:
(1)
Within 15 business days of the receipt of a complete permit application, as required by Subsection B, the City shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this article.
(2)
If the permit application and plan are approved, the City shall issue
the permit.
(3)
If the permit application or plan is disapproved, the City shall
state in writing the reasons for disapproval.
(4)
The City may request additional information from the applicant. If
additional information is submitted, the City shall have 15 business
days from the date the additional information is received to inform
the applicant that the plan is either approved or disapproved.
D.
Financial guarantee. As a condition of approval and issuance of the
permit, the City may require the applicant to deposit a surety bond,
irrevocable letter of credit or other financial guarantee to guarantee
a good faith execution of the approved erosion control plan and any
permit conditions. The financial guarantee shall be an amount up to
120% of the estimated cost of the improvements.
E.
Permit requirements. All permits shall require the responsible party
to:
(1)
Notify the City within 48 hours of commencing any land-disturbing
construction activity.
(2)
Notify the City of completion of any BMPs within three days after
their installation.
(3)
Obtain permission in writing from the City prior to any modification pursuant to § 288-10C of the erosion and sediment control plan.
(4)
Install all BMPs as identified in the approved erosion and sediment
control plan.
(5)
Maintain all road drainage systems, stormwater drainage systems,
BMPs and other facilities identified in the erosion and sediment control
plan.
(6)
Repair any siltation or erosion damage to adjoining surfaces and
drainageways resulting from land-disturbing construction activities
and document repairs in a site erosion control log.
(7)
Inspect the BMPs within 24 hours after each rain of 0.5 inch or more
which results in runoff during active construction periods, and at
least once each week. Document the findings of the inspections in
a site erosion control log with the date of inspection, the name of
the person conducting the inspection, and a description of the present
phase of the construction at the site. Repair or replace erosion and
sediment control best management practices as necessary within 24
hours of an inspection or by the date agreed to between the permittee
and the Public Works Director/City Engineer or the appropriate designee.
Inspections are only required for construction sites with more than
one acre of land-disturbing construction activity.
[Amended 7-5-2022 by Ord. No. 22-63]
(8)
Allow the City to enter the site for the purpose of inspecting compliance
with the erosion and sediment control plan or for performing any work
necessary to bring the site into compliance with the control plan.
Keep a copy of the erosion and sediment control plan at the construction
site.
(9)
Keep a copy of the inspection reports on the site at all times.
G.
Permit duration. Permits issued under this section shall be valid
for a period of 180 days, or the length of the building permit or
other construction authorizations, whichever is longer, from the date
of issuance. The City may extend the period one or more times for
up to an additional 180 days. The City may require additional BMPs
as a condition of the extension if they are necessary to meet the
requirements of this article.
H.
Maintenance. The responsible party throughout the duration of the
construction activities shall maintain all BMPs necessary to meet
the requirements of this article until the site has undergone final
stabilization.
A.
Erosion and sediment control plan.
(1)
An erosion and sediment control plan shall be prepared and submitted
to the City.
(2)
The erosion and sediment control plan shall be designed to meet the performance standards in § 288-8 and other requirements of this article. Simplified plans may be completed for sites with less than one acre of land-disturbing construction activity.
(3)
The erosion and sediment control plan shall address pollution caused
by soil erosion and sedimentation during construction and up to final
stabilization of the site. The erosion and sediment control plan shall
include, at a minimum, the following items:
(a)
The name(s) and address(es) of the owner or developer of the
site, and of any consulting firm retained by the applicant, together
with the name of the applicant's principal contact at such firm. The
application shall also include start and end dates for construction.
(b)
Description of the site and the nature of the construction activity,
including representation of the limits of land disturbance on a United
States Geological Survey 7.5-minute series topographic map.
(c)
A sequence of construction of the development site, including
stripping and clearing; rough grading; construction of utilities,
infrastructure, and buildings; and final grading and landscaping.
Sequencing shall identify the expected date on which clearing will
begin, the estimated duration of exposure of cleared areas, areas
of clearing, installation of temporary erosion and sediment control
measures, and establishment of permanent vegetation.
(d)
Estimates of the total area of the site and the total area of
the site that is expected to be disturbed by construction activities.
(e)
Estimates, including calculations, if any, of the runoff coefficient
of the site before and after construction activities are completed.
(f)
Calculations to show the expected percent reduction in the average
annual sediment load carried in runoff as compared to no sediment
or erosion controls.
(g)
Existing data describing the surface soil as well as subsoils.
(h)
Depth to groundwater, as indicated by on-site soil borings or
Natural Resources Conservation Service soil information where available.
(i)
Name of the immediate named receiving water from the United
States Geological Survey 7.5-minute series topographic maps.
(4)
The erosion and sediment control plan shall include a site map. The
site map shall include the following items and shall be at a scale
not greater than 100 feet per inch and at a contour interval not to
exceed five feet.
(a)
Existing topography, vegetative cover, natural and engineered
drainage systems, roads and surface waters. Lakes, streams, wetlands,
channels, ditches and other watercourses on and immediately adjacent
to the site shall be shown. Any identified one-hundred-year floodplains,
flood fringes and floodways shall also be shown.
(b)
Boundaries of the construction site.
(c)
Drainage patterns and approximate slopes anticipated after major
grading activities.
(d)
Areas of soil disturbance.
(e)
Location of major structural and nonstructural controls identified
in the plan.
(f)
Location of areas where stabilization practices will be employed.
(g)
Areas which will be vegetated following construction.
(h)
Area and location of wetland acreage on the site and locations
where stormwater is discharged to a surface water or wetland within
one-quarter mile downstream of the construction site.
(i)
Locations of all surface waters and wetlands within one mile
of the construction site.
(j)
Areas used for infiltration of post-construction stormwater
runoff.
(k)
An alphanumeric or equivalent grid overlying the entire construction
site map.
(5)
Each erosion and sediment control plan shall include a description
of appropriate erosion and sediment control best management practices
that will be installed and maintained at the site to prevent pollutants
from reaching waters of the state. The plan shall clearly describe
the appropriate erosion and sediment control measures for each major
land-disturbing construction activity and the timing during the construction
process that the measures will be implemented. The description of
erosion and sediment controls shall include, when appropriate, the
following minimum requirements:
(a)
Description of interim and permanent stabilization practices,
including an implementation schedule. Site plans shall ensure that
existing vegetation is preserved where attainable and that disturbed
portions of the site are stabilized.
(b)
Description of structural practices to divert flow away from
exposed soils, store flows or otherwise limit runoff and the discharge
of pollutants from the site. Unless otherwise specifically approved
in writing by the City of Watertown, structural measures shall be
installed on upland soils.
(c)
Management of overland flow at all sites, unless otherwise controlled
by outfall controls.
(d)
Trapping of sediment in channelized flow.
(e)
Staging construction to limit exposed soil areas subject to
erosion.
(f)
Protection of downslope drainage inlets where they occur.
(g)
Minimization of tracking via installation of tracking pads at
all vehicle and equipment entry and exit locations of the construction
site.
(h)
Clean up of off-site sediment deposits.
(i)
Proper disposal of building and waste materials at all sites.
(j)
Stabilization of drainageways.
(k)
Control of soil erosion from dirt stockpiles.
(l)
Installation of permanent stabilization practices as soon as
possible after final grading.
(m)
Minimization of dust to the maximum extent practicable.
(6)
The erosion and sediment control plan shall require that velocity
dissipation devices be placed at discharge locations and along the
length of any outfall channel, as necessary, to provide a nonerosive
flow from the structure to a watercourse so that the natural physical
and biological characteristics and functions are maintained and protected.
B.
Erosion and sediment control plan statement. For each construction site identified under § 288-4A with more than one acre of land-disturbing construction activity, an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the City. The control plan statement shall briefly describe the site, including a site map. Further, it shall also include the best management practices that will be used to meet the requirements of the article, including the site development schedule.
C.
Amendments. The applicant shall amend the plan if any of the following
occur:
(1)
There is a change in design, construction, operation or maintenance
at the site which has the reasonable potential for the discharge of
pollutants to waters of the state and which has not otherwise been
addressed in the plan.
(2)
The actions required by the plan fail to reduce the impacts of pollutants
carried by construction site runoff.
(3)
The City notifies the applicant of changes needed in the plan.
The fees referred to in other sections of this article shall
be established by the Common Council and may from time to time be
modified by resolution. A schedule of the fees established by the
Common Council shall be available for review in City Hall. The fee
shall cover all City and consultant costs to review the permit application
and perform the required site inspections.
If land-disturbing construction activities are being carried
out without a permit required by this article, the City may enter
the land pursuant to the provisions of § 66.0119(1), (2)
and (3), Wis. Stats. The City will inspect any construction site with
more than one acre of land-disturbing construction activity that holds
a permit under this chapter at least once a month during the period
starting March 1 and ending October 31 and at least two times during
the period starting November 1 and ending February 28 to ensure compliance
with the approved sediment and erosion control plan. The costs of
these inspections shall be billed to the responsible party.
A.
The City may post a stop-work order if any of the following occurs:
B.
If the responsible party does not cease activity as required in a
stop-work order posted under this section or fails to comply with
the erosion and sediment control plan or permit conditions, the City
may revoke the permit.
C.
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the City, or if a responsible party violates a stop-work order posted under Subsection A, the City may request the City Attorney to obtain a cease and desist order in any court with jurisdiction.
E.
After posting a stop-work order under Subsection A, the City may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this article. The City may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the City, plus interest at the rate authorized by City shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Subch. VII of Ch. 66, Wis. Stats.
F.
Any person violating any of the provisions of this article shall
be subject to a forfeiture of not less than $100 nor more than $1,000
and the costs of prosecution for each violation. Each day a violation
exists shall constitute a separate offense.
G.
Compliance with the provisions of this article may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease and desist order before resorting
to injunctional proceedings.
A.
Public Works Commission. The Public Works Commission shall act as
the review and appeal agency and:
(1)
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination in administering this article except for cease and desist orders obtained under § 288-11.2C.
(2)
Upon appeal, may authorize variances from the provisions of
this article which are not contrary to the public interest and where
owing to special conditions a literal enforcement of the provisions
of the article will result in unnecessary hardship; and
(3)
Shall use the rules, procedures, duties and powers authorized
by statute in hearing and deciding appeals and authorizing variances.
B.
Who may appeal. Appeals to the Public Works Commission may be taken
by any aggrieved person or by any office, department, board, or bureau
of the City of Watertown affected by any decision of the City.
If a court of competent jurisdiction judges any section, clause,
provision or portion of this article unconstitutional or invalid,
the remainder of the article shall remain in force and not be affected
by such judgment.
[Adopted by Ord. No. 08-27 (§ 20.17 of the former City Code); amended in
its entirety 10-18-2016 by Ord. No. 16-20]
A.
This article is adopted by the Common Council under the authority
granted by § 62.234, Wis. Stats. This article supersedes
all provisions of an ordinance previously enacted under § 62.23,
Wis. Stats., that relate to stormwater management regulations. Except
as otherwise specified in § 62.234, Wis. Stats., § 62.23,
Wis. Stats., applies to this article and to any amendments to this
article.
B.
The provisions of this article are deemed not to limit any other
lawful regulatory powers of the same governing body.
C.
The Common Council hereby authorizes the City and its designees to
administer and enforce the provisions of this article.
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 Common Council 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, recreational and water supply uses by increasing pollutant loading
of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
C.
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads.
D.
Reduce the quality of groundwater by increasing pollutant loading.
E.
Threaten public health, safety, property and general welfare by overtaxing
storm sewers, drainageways, and other minor drainage facilities.
F.
Threaten public health, safety, property and general welfare by increasing
major flood peaks and volumes.
G.
Undermine floodplain management efforts by increasing the incidence
and levels of flooding.
A.
Purpose. The general purpose of this article is to establish long-term,
post-construction runoff management requirements that will diminish
the threats to public health, safety, welfare and the aquatic environment.
Specific purposes are to:
(1)
Further the maintenance of safe and healthful conditions.
(2)
Prevent and control the adverse effects of stormwater; prevent and
control soil erosion; prevent and control water pollution; protect
spawning grounds, fish and aquatic life; control building sites, placement
of structures and land uses; preserve ground cover and scenic beauty;
and promote sound economic growth.
(3)
Control exceedance of the safe capacity of existing drainage facilities
and receiving water bodies; prevent undue channel erosion; control
increases in the scouring and transportation of particulate matter;
and prevent conditions that endanger downstream property.
(4)
Minimize the amount of pollutants discharged from the separate storm
sewer to protect waters of the state.
B.
Intent. It is the intent of the Common Council that this article
regulates post-construction stormwater discharges to waters of the
state. This article may be applied on a site-by-site basis. The Common
Council recognizes, however, that the preferred method of achieving
the stormwater performance standards set forth in this article is
through the preparation and implementation of comprehensive, systems-level
stormwater management plans that cover hydrologic units, such as watersheds,
on a municipal and regional scale. Such plans may prescribe regional
stormwater devices, practices or systems, any of which may be designed
to treat runoff from more than one site prior to discharge to waters
of the state. Where such plans are in conformance with the performance
standards developed under § 281.16, Wis. Stats., for regional
stormwater management measures and have been approved by the Common
Council, it is the intent of this article that the approved plan be
used to identify post-construction management measures acceptable
for the community.
A.
Applicability.
(1)
Where not otherwise limited by law, this article applies to a post-construction site which has 3,000 or more square feet of land-disturbing construction activity, unless the site is otherwise exempt under Subsection A(2).
(2)
A site that meets any of the criteria in this Subsection is exempt
from the requirements of this article:
(a)
Land-disturbing construction activity that includes the construction
of a one- or two-family residential site less than one acre and is
otherwise regulated by the Wisconsin Department of Safety and Professional
Services.
(b)
A post-construction site with less than 10% connected imperviousness
based on complete development of the post-construction site, provided
the cumulative area of all parking lots and rooftops is less than
one acre.
(c)
Nonpoint discharges from agricultural facilities and practices.
(d)
Nonpoint discharges from silviculture activities.
(e)
Routine maintenance for project sites under five acres of land
disturbance if performed to maintain the original line and grade,
hydraulic capacity or original purpose of the facility.
(f)
Underground utility construction such as water, sewer and fiberoptic
lines. This exemption does not apply to the construction of any aboveground
structures associated with utility construction.
(g)
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 § 288.16,
Wis. Stats., for nonpoint sources, and § 283.33, Wis. Stats.,
for stormwater discharge.
[2]
Targeted nonagricultural performance standards promulgated in
rules by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
(3)
Notwithstanding the applicability requirements in Subsection A(1), this article applies to post-construction sites of any size that, in the opinion of the City, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
B.
Jurisdiction. This article applies to land-disturbing activities
within the boundaries of the City of Watertown, and that portion of
the Town of Emmet, Dodge County, Wisconsin, that is subject to the
City's Plat Review Jurisdiction as set forth in Resolution Exhibit
No. 6152 and recorded on September 25, 1997, in Volume 937 on Page
86 as Document No. 851436 in the Dodge County Office of the Register
of Deeds and all subsequent amendments.
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 the District Attorney, which is subject
to the state plan promulgated or a memorandum of understanding entered
into under § 281.33(2), Wis. Stats.
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 and woody debris.
The Public Works Director/City Engineer, the City Public
Works Commission, the City Council or other entity empowered under
§ 62.234, Wis. Stats., that is designated by the City of
Watertown to administer this article.
[Amended 7-5-2022 by Ord. No. 22-63]
Has the meaning given in § 281.16, Wis. Stats.
The National Oceanic and Atmospheric Administration (NOAA)
Atlas 14 Precipitation-Frequency Atlas of the United States, Volume
8 (Midwestern States), published in 2013.
A typical calendar year of precipitation as determined by
the Wisconsin Department of Natural Resources for users of models
such as WlnSLAMM, P8 or equivalent methodology. The average annual
rainfall is chosen from a department publication for the location
closest to the City.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or pollutants carried
in runoff to waters of the state.
A day the City 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 or in
violation of a permit issued by the City of Watertown.
A system for conveying both sanitary sewage and stormwater
runoff.
An impervious surface connected to waters of the state via
a separate storm sewer, an impervious flow path, or a minimally pervious
flow path.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
Residential, commercial, industrial or institutional land
uses and associated roads.
Wells, sinkholes, swallets, fractured bedrock at the surface,
mine shafts, nonmetallic mines, tile inlets discharging to groundwater,
quarries, or depressional groundwater recharge areas over shallow
fractured bedrock.
The creation from one parcel of four or fewer parcels or
building sites of one or fewer acres each in area 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.
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
20% fines; or at least a five-foot-deep layer with at least 10% fines;
or an engineered soil with an equivalent level of protection as determined
by the regulatory authority for the site.
That all land-disturbing construction activities at the construction
site have been completed and that 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 City by the
responsible party to assure that requirements of the article are carried
out in compliance with the stormwater management plan.
The City Public Works Commission or the City Council.
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.
An undeveloped area of land located within an existing urban
sewer service area, surrounded by development or 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 previous 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 waters of the state. Land-disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
A legal document that provides for long-term maintenance
of stormwater management practices.
The highest level of performance that is achievable but is
not equivalent to a performance standard identified in this article.
Maximum extent practicable applies when a person who is subject to
a performance standard of this article demonstrates to the City'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 responsible party 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.
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
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 City to the applicant
to conduct land-disturbing construction activity or to discharge post-construction
runoff to waters of the state.
A sum of money paid to the City 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.
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 those widths, as measured horizontally
from the top of the channel or delineated wetland boundary to the
closest impervious surface.
The individual holding the Public Works Director/City Engineer
title or his/her designees within the City of Watertown.
[Amended 7-5-2022 by Ord. No. 22-63]
Areas where development is replacing older development.
The landowner or any other entity performing services to
meet the requirements of this article through a contract or other
agreement.
Stormwater or precipitation including rain, snow or ice melt
or similar water that moves on the land surface via sheet or channelized
flow.
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 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/City Engineer
which requires that all construction activity on the site be stopped.
[Amended 7-5-2022 by Ord. No. 22-63]
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has undergone 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 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 Department pursuant to § 281.33,
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.
Includes those portions of Lake Michigan and Lake Superior
within the boundaries of this state, and all lakes, bays, rivers,
streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses,
drainage systems and other surface water or groundwater, natural or
artificial, public or private, within this state or its jurisdiction.
The following methods shall be used in designing the water quality,
peak flow shaving and infiltration 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 Chapter
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 City.
C.
In this article, the following year and location has been selected
as the average annual rainfall for water quality modeling purposes:
Madison, 1981 (Mar. 12-Dec. 2).
A.
Responsible party. The responsible party shall implement a post-construction
stormwater management plan that incorporates the requirements of this
section.
B.
Plan. A written stormwater management plan in accordance with § 288-20 shall be developed and implemented for each post-construction site. Simplified plans may be completed for sites with less than one acre of land-disturbing construction activity in accordance with the requirements of this chapter.
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 article, whichever is more stringent.
D.
Requirements. The plan required under Subsection B shall include the following:
(1)
Pollutant control. BMPs shall be designed, installed and maintained
to control total suspended solids and phosphorus carried in runoff
from the post-construction site as follows:
(a)
BMPs shall be designed in accordance with Table 1 or to the maximum extent practicable as provided in Subsection D(1)(b). The design shall be based on an average annual rainfall, as compared to no runoff management controls.
|
Table 1
| |||
|---|---|---|---|
|
Pollutant Reduction Standards
| |||
|
Development Type
|
TSS Reduction
|
Phosphorus
| |
|
New development
|
80%
|
30%
| |
|
In-fill development
|
80%
|
30%
| |
|
Redevelopment
|
60% of load from parking areas and roads
|
30%
| |
(b)
Maximum extent practicable. If the design cannot meet a total
suspended solids or phosphorus reduction performance standard of Table
1, the stormwater management plan shall include a written, site-specific
explanation of why the total suspended solids or phosphorus reduction
performance standard cannot be met and why the total pollutant loads
will be reduced only to the maximum extent practicable.
(c)
Off-site drainage. When designing BMPs, runoff draining to the
BMP from off-site shall be taken into account in determining the treatment
efficiency of the practice. Any impact on the efficiency shall be
compensated for by increasing the size of the BMP accordingly.
(2)
Peak discharge.
(a)
Unless otherwise provided for in this section, all land development
activities subject to this section shall establish on-site management
practices to control peak flow rates of stormwater discharged from
the site. On-site management practices shall be used to meet the following
minimum performance standards:
[1]
The peak flow rates of stormwater runoff from the development shall not exceed those calculated for the series of design storms specified in Subsection D(2)(a)[2] occurring under development conditions specified in Subsection D(2)(a)[4]. Discharge velocities must be nonerosive to discharge locations, outfall channels, and receiving streams. Safe overland conveyance must be provided for discharges from the development.
[2]
The stormwater management facilities shall contain sufficient
storage to contain the runoff from the one-hundred-year, twenty-four-hour
rainfall event under developed conditions, while utilizing a peak
discharge rate from the developed site which does not exceed the peak
runoff rate from the site for a two-year, twenty-four-hour rainfall
event under predevelopment conditions.
[3]
By design, BMPs shall be employed to maintain or reduce the
one-year, twenty-four-hour post-construction peak runoff discharge
rates to the one-year, twenty-four-hour predevelopment peak runoff
discharge rate, or to the maximum extent practicable.
[4]
Predevelopment conditions shall assume "good hydrologic conditions"
for appropriate land covers as identified in TR-55 or an equivalent
methodology. The meaning of "hydrologic soil group" and "runoff curve
number" are as determined in TR-55. However, when predevelopment land
cover is woodland, grassland, or cropland, rather than using TR-55
values for these land use types, the runoff curve numbers in Table
2 shall be used. Peak discharges shall be calculated using TR-55 runoff
curve number methodology, Atlas 14 precipitation depths, and the appropriate
NRCS Wisconsin MSE3 precipitation distribution. On a case-by-case
basis, the Public Works Director/City Engineer may allow the use of
TP-40 precipitation depths and the Type II distribution.
[Amended 7-5-2022 by Ord. No. 22-63]
|
Table 2
| |||||
|---|---|---|---|---|---|
|
Maximum Predevelopment Runoff Curve Numbers
| |||||
|
Hydrologic Soil Group
|
A
|
B
|
C
|
D
| |
|
Woodland curve number
|
30
|
55
|
70
|
77
| |
|
Grassland curve number
|
39
|
61
|
71
|
78
| |
|
Cropland curve number
|
55
|
69
|
78
|
83
| |
(3)
Infiltration. BMPs shall be designed, installed, and maintained to infiltrate runoff to the maximum extent practicable in accordance with the following, except as provided in Subsection D(3)(f) through (i).
(a)
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 predevelopment infiltration volume,
based on an average annual rainfall. However, when designing appropriate
infiltration systems to meet this requirement, no more than 1% of
the post-construction site is required as an effective infiltration
area.
(b)
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 runoff volume
so that the post-development infiltration volume shall be at least
75% 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.
(c)
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 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.
(d)
Predevelopment condition shall be the same as in Table 2 of
the peak discharge section of this article.[1]
[1]
Editor's Note: See § 288-18D(2)(a)[4]
(e)
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.
(f)
Exclusions. Runoff from the following areas may not be infiltrated and do not qualify as contributing to meeting the requirements of this section unless demonstrated to meet the conditions of Subsection D(3)(k):
[1]
Areas associated with Tier 1 industrial facilities identified
in § NR 216.21(2)(a), Wis. Adm. Code, including storage,
loading, rooftop and parking.
[2]
Storage and loading areas of Tier 2 industrial facilities identified
in § NR 216.21(2)(b), Wis. Adm. Code.
[3]
Fueling and vehicle maintenance areas. Runoff from rooftops
of fueling and vehicle maintenance areas may be infiltrated with the
concurrence of the regulatory authorities.
(g)
Location of practices. 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 811.12(5)(d)6, Wis. Adm. Code, or within the separation
distances 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.
[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.
(h)
Separation distances.
[1]
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 Table 3:
|
Table 3
| |||
|---|---|---|---|
|
Separation Distances and Soil Characteristics
| |||
|
Source Area
|
Separation Distance
|
Soil Characteristics
| |
|
Industrial, commercial, 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
| |
(i)
Exemptions. Infiltration practices located in runoff from the
following areas may be credited towards meeting the requirements when
infiltrated, but the decision to infiltrate under these conditions
is optional:
[1]
Areas where the infiltration rate of the soil measured at the
proposed bottom of the infiltration system is less than 0.6 inch/hour
using a scientifically credible field test method.
[2]
Areas where the least permeable soil horizon to five feet below
the proposed bottom of the infiltration system using the U.S. 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.
[3]
Parking areas and access roads less than 5,000 square feet for
commercial development.
[4]
Parking areas and access roads less than 5,000 square feet for industrial development not subject to the prohibitions/exclusions under Subsection D(3)(f).
[6]
In-fill development areas less than one acre.
[7]
Roads in commercial, industrial and institutional land uses,
and arterial residential roads.
(j)
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 section.
(k)
Groundwater standards.
[1]
Infiltration systems designed in accordance with this section
shall, to the extent technically and economically feasible, minimize
the level of pollutants in filtration to groundwater and shall maintain
compliance with the preventive action limit at a point of standards
application in accordance with Ch. NR 140. 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)(k)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
(l)
Maximum extent practicable. Where the conditions of Subsection D(3)(f) through (i) limit or restrict the use of infiltration practices, the infiltration performance standard of § 288-18D(3) shall be met to the maximum extent practicable.
(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:
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 wetlands not subject to Subsection D(4)(a)[5] or [6]: 50 feet.
[5]
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.
[6]
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.
[7]
In Subsection D(4)(a)[4] through [6], 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.
[8]
Wetland boundary delineations shall be made in accordance with
§ NR 103.08(1m), 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.
[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.
(b)
This subsection applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection D(4)(d).
(c)
The following requirements shall be met:
[1]
Impervious surfaces shall be kept out of the protective area
entirely or to the maximum extent practicable. If there is no practical
alternative to locating an impervious surface in the protective area,
the stormwater management plan shall contain a written site-specific
explanation.
[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)
This subsection does not apply to:
[2]
In-fill development areas less than one acre.
[3]
Structures that cross or access surface waters such as boat
landings, bridges and culverts.
[4]
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.
[5]
Areas of post-construction sites from which runoff does not
enter the surface water, including wetlands, without first being treated
by a BMP to meet the local ordinance requirements for total suspended
solids and peak flow reduction, except to the extent that vegetative
ground cover is necessary to maintain bank stability.
(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 waters of the state contains no visible petroleum
sheen.
(6)
Site Drainage. Measures shall be implemented to ensure proper site
drainage, prevent property damage and protect public health and safety,
including the following minimum requirements:
(a)
Drainage easement. Perpetual drainage easements or other deed restrictions shall be recorded on the property to preserve major stormwater flow paths and permanent stormwater BMP locations. Covenants in these areas shall not allow buildings or other structures and shall prevent any grading, filling or other activities that interrupt or obstruct flows in any way. Covenants shall also specify maintenance responsibilities and authorities in accordance with § 288-21.
(b)
Site grading. Site grading shall ensure positive flows away
from all buildings, roads, driveways and septic systems, be coordinated
with the general stormwater drainage patterns for the area, and minimize
adverse impacts on adjacent properties.
(c)
Street drainage. All street drainage shall be designed to prevent
concentrated flows from crossing the traffic lanes to the maximum
extent practicable. Design flow depths at the road center line for
on-street drainage shall not exceed six inches during the peak flows
generated by the one-hundred-year, twenty-four-hour design storm,
using planned land use conditions for the entire contributing watershed
area.
(d)
Bridges and cross-culverts. All new or modified bridges and
cross-culverts shall comply with applicable design standards and regulations,
facilitate fish passage and prevent increased flooding or channel
erosion upstream or downstream from the structure. All bridges and
cross-culverts on collector and arterial roadways shall be designed
to convey the one-hundred-year, twenty-four-hour design storm. All
bridges and cross-culverts on local roadways shall be designed to
convey ten-year, twenty-four-hour design storm, while providing an
overland flow path that does not impact any structures for the one-hundred-year,
twenty-four-hour design storm. A floodplain analysis shall be required
for all developments impacting a navigable waterway. This analysis
must demonstrate no adverse off-site impacts, in accordance with state
and federal regulations and may require larger structures than those
specified above. Design flow depths at the road center line for all
crossings shall not exceed six inches during peak flows generated
by the one-hundred-year, twenty-four-hour design storm, using planned
land use conditions for the entire contributing watershed area. All
predevelopment runoff storage areas within the flow path upstream
of bridges and cross-culverts shall be preserved and designated as
drainage easements, unless compensatory storage is provided and accounted
for in modeling. As-built documentation shall be submitted for all
new or modified structures that are located within a mapped floodplain
or that the City determines to be necessary to maintain floodplain
modeling for the applicable watershed.
(e)
Subsurface drainage. To avoid property and other damages from
groundwater, all buildings planned for human occupation on a regular
basis shall meet all of the following:
[1]
Basement floor surfaces shall be built a minimum of one foot
above the highest groundwater table elevation, as documented in the
submitted soil evaluations in accordance with City standards. On sloped
sites, basements may be allowed partially below the highest groundwater
table only on the upslope side if they meet City drainage system standards
for design, discharge, engineering oversight, and long-term maintenance.
For these sites, the one-foot groundwater separation will be enforced
at the furthest downslope point of the basement.
[2]
Avoid hydric soils as much as possible.
[3]
The City shall be notified of any drain tiles that are uncovered
during construction, which the City may require to be restored or
connected to other drainage systems.
[4]
No discharge of groundwater from tile lines, sump pumps or other
means shall be allowed onto another person's land or any public space
without the written approval of the City and the property owner.
(f)
Open channels. All open channel drainage systems shall at a
minimum be designed to carry the peak flows from a one-hundred-year,
twenty-four-hour design storm using planned land use for the entire
contributing watershed area. Side slopes shall be no steeper than
4h:1v unless otherwise approved by the City for unique site conditions.
Water surface elevations for the one-hundred-year, twenty-four-hour
design storm shall be calculated for all existing and proposed open
channels.
(g)
Storm sewers. All storm sewers shall be designed to convey the
ten-year, twenty-four-hour design storm while providing an overland
flow path that does not impact any structures for the one-hundred-year,
twenty-four-hour design storm, unless otherwise modified by the City.
(h)
Changes to stormwater discharges. For sites where the City determines
the post-development stormwater discharge flow paths will be significantly
different than predevelopment conditions, or where proposed stormwater
discharges may otherwise have a significant negative impact on downstream
property owner(s), the City may require the applicant to submit written
authorization, record a drainage easement, or complete other legal
arrangements with the affected property owner(s) prior to permit issuance.
(i)
Structure protection and safety. Flows generated by the one-hundred-year,
twenty-four-hour design storm under the planned land use conditions
may exceed the design capacity of conveyance systems, but shall not
come in contact with any buildings. For buildings designed for human
occupation on a regular basis, the following additional requirements
shall apply:
[1]
The lowest elevation of the structure that is exposed to the
ground surface shall be a minimum of two feet above the maximum water
surface elevation produced by the one-hundred-year, twenty-four-hour
design storm, including flows through any stormwater BMP that may
temporarily or permanently store water at a depth of greater than
one foot; and
[2]
The structure shall be set back at least 50 feet from any stormwater
BMP that may temporarily or permanently store water at a depth of
greater than one foot, including any internally drained area with
a significant contributing watershed and/or limited runoff storage
capacity, as determined by the City. Setback distance shall be measured
from the closest edge of water at the elevation produced by the one-hundred-year,
twenty-four-hour design storm. The City may exempt existing structures
and structures with no basement from this requirement if the City
determines other site risks are minimal based on soil and site conditions.
(7)
Swale treatment for transportation facilities.
(a)
Applicability. Except as provided in Subsection D(7)(b), transportation facilities that use swales for runoff conveyance and pollutant removal meet all of the water quality requirements of this section, if the swales are designed to the maximum extent practicable to do all of the following:
[1]
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 Wisconsin Department of Natural Resources
Technical Standard 1005, "Vegetated Infiltration Swales." Transportation
facility swale treatment does not have to comply with other sections
of Technical Standard 1005.
(b)
Exemptions. The City may, consistent with water quality standards,
require that other provisions 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 § 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.
(c)
The transportation facility authority shall contact the City
to determine if additional BMPs beyond a water quality swale are needed
under this subsection.
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.
(3)
Unless deemed not possible by City staff, stormwater facilities shall
be located on outlots with direct access to adjacent public streets.
F.
Location and regional treatment option.
(1)
BMPs may be located on site or off site as part of a regional stormwater
device, practice or system, but shall be in accordance with § NR
151.003, Wis. Adm. Code.
(2)
The City may approve off-site management measures provided that all
of the following conditions are met:
(a)
The City determines that the post-construction runoff is covered
by a stormwater management system plan that is approved by the City
of Watertown and that contains management requirements consistent
with the purpose and intent of this article.
(b)
The off-site facility meets all of the following conditions:
[1]
The facility is in place.
[2]
The facility 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 practices meeting the performance standards of
this article.
[3]
The facility has a legally obligated entity responsible for
its long-term operation and maintenance.
(3)
Where a regional treatment option exists such that the City 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 City. In determining the fee for
post-construction runoff, the City shall consider an equitable distribution
of the cost for land, engineering design, construction, and maintenance
of the regional treatment option.
G.
Alternate requirements. The City may establish stormwater management
requirements more stringent than those set forth in this section if
the City determines that an added level of protection is needed to
protect sensitive resources, to control stormwater quantity or control
flooding, comply with federally approved total maximum daily load
requirements, or control pollutants associated with existing development
or redevelopment.
A.
Permit required. No responsible party may undertake a land-disturbing
construction activity without receiving a post-construction runoff
permit from the City prior to commencing the proposed activity.
B.
Permit application and fees. Unless specifically excluded by this
article, any responsible party desiring a permit shall submit to the
City a permit application made on a form provided by the City for
that purpose.
(1)
Unless otherwise excepted by this article, a permit application must
be accompanied by a stormwater management plan, a maintenance agreement
and a nonrefundable permit administration fee.
(2)
The stormwater management plan shall be prepared to meet the requirements of §§ 288-18 and 288-20, the maintenance agreement shall be prepared to meet the requirements of § 288-21, the financial guarantee shall meet the requirements of § 288-22, and fees shall be those established by the City of Watertown as set forth in § 288-23.
C.
Review and approval of permit application. The City 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 City shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this article.
(2)
If the stormwater permit application, plan and maintenance agreement
are approved, or if an agreed upon payment of fees in lieu of stormwater
management practices is made, the City shall issue the permit.
(3)
If the stormwater permit application, plan or maintenance agreement
is disapproved, the City shall detail in writing the reasons for disapproval.
(4)
The City may request additional information from the applicant. If
additional information is submitted, the City 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.
D.
Permit requirements. All permits issued under this article shall be subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions. The City may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the City to suspend or revoke this permit may be appealed in accordance with § 288-25.
(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 City at least three business days before commencing any work in conjunction with the stormwater management plan, and within three 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 City so that practice installations can be inspected during construction.
(4)
Practice installations required as part of this article shall be
certified "as built" by a licensed professional engineer. Completed
stormwater management practices must pass a final inspection by the
City or its designee to determine if they are in accordance with the
approved stormwater management plan and ordinance. The City or its
designee shall notify the responsible party in writing of any changes
required in such practices to bring them into compliance with the
conditions of this permit.
(5)
The responsible party shall notify the City of any significant modifications
it intends to make to an approved stormwater management plan. The
City may require that the proposed modifications be submitted 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 City of Watertown, or are
transferred to subsequent private owners as specified in the approved
maintenance agreement.
(7)
The responsible party authorizes the City 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 Subch. VII of Ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 288-22.
(8)
If so directed by the City, 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 City or
its designee for the purpose of inspecting the property for compliance
with the approved stormwater management plan and this permit.
(10)
Where site development or redevelopment involves changes in
direction, increases in peak rate and/or total volume of runoff from
a site, the City may require the responsible party to make appropriate
legal arrangements with affected property owners concerning the prevention
of endangerment to property or public safety.
(11)
The responsible party shall provide a five-year guarantee on
all facilities installed as part of the stormwater plan.
A.
Plan requirements. The stormwater management plan required under § 288-18B shall contain any such information the City may need to evaluate the environmental characteristics of the area affected by land development activity, the potential impacts of the proposed development upon the quality and quantity of stormwater discharges, the potential impacts upon water resources and drainage utilities, and the effectiveness and acceptability of proposed stormwater management measures in meeting the performance standards set forth in this section. Unless specified otherwise by this section, stormwater management plans shall contain, at a minimum, the following information:
(1)
Name, address, and telephone number for the following or their designees:
landowner; developer; project engineer for practice design and certification;
person(s) responsible for installation of stormwater management practices;
and person(s) responsible for maintenance of stormwater management
practices prior to the transfer, if any, of maintenance responsibility
to another party.
(2)
A proper legal description of the property proposed to be developed,
referenced to the U.S. Public Land Survey system or to block and lot
numbers within a recorded land subdivision plat.
(3)
Predevelopment site conditions, including:
(a)
One or more site maps at a scale of not greater than one inch
equals 50 feet. The site maps shall show the following: site location
and legal property description; predominant soil types and hydrologic
soil groups; existing cover type and condition; topographic contours
of the site at a scale not to exceed two feet; topography and drainage
network including enough of the contiguous properties to show runoff
patterns onto, through, and from the site; watercourses that may affect
or be affected by runoff from the site; flow path and direction for
all stormwater conveyance sections; watershed boundaries used in hydrology
determinations to show compliance with performance standards; lakes,
streams, wetlands, channels, ditches, and other watercourses on and
immediately adjacent to the site; limits of the one-hundred-year floodplain;
location of wells and wellhead protection areas covering the project
area and delineated pursuant to § NR 811.16, Wis. Adm. Code.
(b)
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. Computations of the peak flow
discharge rates and discharge volumes from each discharge point in
the development. At a minimum, computations must be made for the following
storms: one-, two-, ten-, and one-hundred-year. 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 site conditions, including:
(a)
Explanation of the provisions to preserve and use natural topography
and land cover features to minimize changes in peak flow runoff rates
and volumes to surface waters and wetlands.
(b)
Explanation of any restrictions on stormwater management measures
in the development area imposed by wellhead protection plans and ordinances.
(c)
One or more site maps at a scale of not greater than one inch
equals 50 feet showing the following: post-construction pervious areas
including vegetative cover type and condition; impervious surfaces
including all buildings, structures, and pavement; post-construction
topographic contours of the site at a scale not to exceed two feet;
post-construction drainage network including enough of the contiguous
properties to show runoff patterns onto, through, and from the site;
locations and dimensions of drainage easements; locations of maintenance
easements specified in the maintenance agreement; flow path and direction
for all stormwater conveyance sections; location and type of all stormwater
management conveyance and treatment practices, including the on-site
and off-site tributary drainage area; location and type of conveyance
system that will carry runoff from the drainage and treatment practices
to the nearest adequate outlet such as a curbed street, storm drain,
or natural drainageway; watershed boundaries used in hydrology and
pollutant loading calculations and any changes to lakes, streams,
wetlands, channels, ditches, and other watercourses on and immediately
adjacent to the site.
(d)
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. The computations shall be made
for each discharge point in the development, and the geographic areas
used in making the calculations shall be clearly cross-referenced
to the required map(s). Computations of the peak flow discharge rates
and discharge volumes from each discharge point in the development
including analysis of the safe capacity of downstream conveyance systems.
At a minimum, computations must be made for the following storms:
one-, two-, ten-, and one-hundred-year. All major assumptions used
in developing input parameters shall be clearly stated.
(e)
Results of investigations of soils and groundwater required
for the placement and design of stormwater management measures. Detailed
drawings including cross-sections and profiles of all permanent stormwater
conveyance and treatment practices.
(5)
A description and installation schedule for the stormwater management practices needed to meet the performance standards in § 288-18.
(6)
A maintenance plan developed for the life of each stormwater management
practice including the required maintenance activities and maintenance
activity schedule.
(7)
Cost estimates for the construction, operation, and maintenance of
each stormwater management practice.
(8)
Results of impact assessments on wetland functional values, as applicable.
(9)
Design computations and all applicable assumptions for stormwater
conveyance (open channel, closed pipe) and stormwater treatment practices
(sedimentation type, filtrations, infiltration type) as needed to
show that practices are appropriately sized and capable of meeting
the discharge performance standards of this section.
(10)
Other information requested in writing by the City to determine
compliance of the proposed stormwater management measures with the
provisions of this article.
(11)
All site investigations, plans, designs, computations, and drawings
shall be certified by a licensed professional engineer to be prepared
in accordance with accepted engineering practice and requirements
of this article.
B.
Simplified plans. The City may allow simplified stormwater management
plans for sites with less than one acre of land-disturbing construction
activity.
A.
Maintenance agreement required. The maintenance agreement required under § 288-19B for stormwater management practices shall be an agreement between the City and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.
B.
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 288-20A(6):
(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 § 288-19B.
(3)
Identification of the party(s) responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan required under § 288-19B.
(4)
Requirement that the responsible party(s) shall maintain stormwater management practices in accordance with the schedule included in Subsection B(2) and shall submit an annual inspection and maintenance summary report to the City.
(5)
Authorization for the City 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 of the City 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 City of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the City.
(8)
Authorization of the City to perform the corrected actions identified in the inspection report if the responsible party designated under Subsection B(3) does not make the required corrections in the specified time period. The City shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subch. VII of Ch. 66, Wis. Stats.
A.
Establishment of the guarantee. The City may require the submittal
of a financial guarantee, the form and type of which shall be acceptable
to the City. The financial guarantee shall be up to an amount determined
by the City to be 120% of 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 City 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 City that the requirements
of this article have not been met.
B.
Conditions for release. Conditions for the release of the financial
guarantee are as follows:
(1)
The City shall release the portion of the financial guarantee established
under this section, less any costs incurred by the City of Watertown
to complete installation of practices, upon submission of as-built
plans by a licensed professional engineer. The City may make provisions
for a partial pro-rata release of the financial guarantee based on
the completion of various development stages.
(2)
The City shall release the portion of the financial guarantee established
under this section to assure maintenance of stormwater practices,
less any costs incurred by the City, at such time that the responsibility
for practice maintenance is passed onto another entity via an approved
maintenance agreement.
The fees referred to in other sections of this article shall
be established by the Common Council and may from time to time be
modified by resolution. A schedule of the fees established by the
Common Council shall be available for review in City Hall. The fee
shall cover all City and consultant costs to review the permit application.
A.
Any land-disturbing construction activity or post-construction runoff
initiated after the effective date of this article by any person,
firm, association, or corporation subject to the article provisions
shall be deemed a violation unless conducted in accordance with the
requirements of this article.
B.
The City 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 City 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 City in the notice.
D.
If the violations to a permit issued pursuant to this article are
likely to result in damage to properties, public facilities, or waters
of the state, the City may enter the land and take emergency actions
necessary to prevent such damage. The costs incurred by the City plus
interest, consultant and legal costs shall be billed to the responsible
party.
E.
The City is authorized to post a stop-work order on all land-disturbing
construction activity that is in violation of this article, or to
request the City Attorney to obtain a cease and desist order in any
court with jurisdiction.
F.
The City may revoke a permit issued under this article for noncompliance
with article provisions.
G.
Any permit revocation, stop-work order, or cease and desist order
shall remain in effect unless retracted by the City or by a court
with jurisdiction.
H.
The City is authorized to refer any violation of this article, or
of a stop-work order or cease and desist order issued pursuant to
this article, to the City Attorney for the commencement of further
legal proceedings in any court with jurisdiction.
I.
Any person, firm, association, or corporation who does not comply
with the provisions of this article 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 article may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease and desist order before resorting
to injunctional proceedings.
K.
When the City determines that the holder of a permit issued pursuant to this article 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 City or a party designated by the City 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 City 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 § 288-22 of this article. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.
A.
Public Works Commission. The Public Works Commission shall act as
the review and appeal agency and:
(1)
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made in administering this article except for cease and desist orders obtained under § 288-24E;
(2)
Upon appeal, may authorize variances from the provisions of this
article which are not contrary to the public interest and where owing
to special conditions a literal enforcement of the provisions of the
article will result in unnecessary hardship; and
(3)
Shall use the rules, procedures, duties and powers authorized by
statute in hearing and deciding appeals and authorizing variances.
B.
Who may appeal. Appeals to the Public Works Commission may be taken
by any aggrieved person or by any office, department, board, or bureau
of the City of Watertown affected by any decision of the City.
If any section, clause, provision or portion of this article
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.
