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Village of Grafton, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Grafton 3-21-2016 by Ord. No. 004-2016. Amendments noted where applicable.]
A. 
This chapter is adopted by the Village Board under the authority granted by § 61.354, Wis. Stats. This chapter supersedes all provisions of an ordinance previously enacted under § 61.35, Wis. Stats., that relate to stormwater management regulations. Except as otherwise specified in § 61.354, Wis. Stats., § 61.35, Wis. Stats., applies to this chapter and to any amendments to this chapter.
B. 
The provisions of this chapter are deemed not to limit any other lawful regulatory powers of the same governing body.
C. 
The Village Board hereby designates the Director of Public Works/Village Engineer and the Building Inspector to administer and enforce the provisions of this chapter.
D. 
The requirements of this chapter 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.
A. 
The Village Board finds that uncontrolled, post-construction runoff has a significant impact upon water resources and the health, safety and general welfare of the community and diminishes the public enjoyment and use of natural resources. Specifically, uncontrolled post-construction runoff can:
1. 
Degrade physical stream habitat by increasing stream bank erosion, increasing streambed scour, diminishing groundwater recharge, diminishing stream base flows and increasing stream temperature.
2. 
Diminish the capacity of lakes and streams to support fish, aquatic life, recreational and water supply uses by increasing pollutant loading of sediment, suspended solids, nutrients, heavy metals, bacteria, pathogens and other urban pollutants.
3. 
Alter wetland communities by changing wetland hydrology and by increasing pollutant loads.
4. 
Reduce the quality of groundwater by increasing pollutant loading.
5. 
Threaten public health, safety, property and general welfare by overtaxing storm sewers, drainageways, and other minor drainage facilities.
6. 
Threaten public health, safety, property and general welfare by increasing major flood peaks and volumes.
7. 
Undermine floodplain management efforts by increasing the incidence and levels of flooding.
A. 
Purpose. The general purpose of this chapter is to establish long-term, post-construction runoff management requirements that will diminish the threats to public health, safety, welfare and the aquatic environment. 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 the waters of the state.
B. 
Intent. It is the intent of the Village Board that this chapter regulates post-construction stormwater discharges to waters of the state. This chapter may be applied on a site-by-site basis. The Village Board recognizes, however, that the preferred method of achieving the stormwater performance standards set forth in this chapter is through the preparation and implementation of comprehensive, systems-level stormwater management plans that cover hydrologic units, such as watersheds, on a municipal and regional scale. Such plans may prescribe regional stormwater devices, practices or systems, any of which may be designed to treat runoff from more than one site prior to discharge to waters of the state. Where such plans are in conformance with the performance standards developed under § 281.16, Wis. Stats., for regional stormwater management measures and have been approved by the Village Board, it is the intent of this chapter that the approved plan be used to identify post-construction management measures acceptable for the community.
A. 
Applicability.
1. 
Where not otherwise limited by law, this chapter applies after final stabilization to a site of land-disturbing construction activity meeting any of the criteria in this paragraph, unless the site is otherwise exempt under Subsection A.2. A post-development construction site that had one or more acres of land-disturbing construction activity.
2. 
A site that meets any of the criteria in this subsection is exempt from the requirements of this chapter:
a. 
A redevelopment post-construction site with no increase in exposed parking lots or roads.
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 fiber-optic lines. This exemption does not apply to the construction of any aboveground structures associated with utility construction.
3. 
Notwithstanding the applicability requirements in Subsection A, this chapter applies to post-construction sites of any size that, in the opinion of the Director of Public Works/Village Engineer, is 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 chapter applies to post construction sites within the boundaries and jurisdiction of the Village of Grafton.
C. 
Exclusions. This chapter is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats., but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under § 281.33(2), Wis. Stats
The following definitions shall apply to this chapter:
ADEQUATE SOD or SELF-SUSTAINING VEGETATIVE COVER
Maintenance of sufficient vegetation types and densities such that the physical integrity of the stream bank or lakeshore is preserved. Self-sustaining vegetative cover includes grasses, forbs, sedges and duff layers of fallen leaves and woody debris.
ADMINISTERING AUTHORITY
A governmental employee, or a regional planning commission empowered under § 61.354, Wis. Stats., that is designated by the Village Board to administer this chapter.
AGRICULTURAL FACILITIES AND PRACTICES
Has the meaning given in § 281.16, Wis. Stats.
ATLAS 14
The National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Precipitation-Frequency Atlas of the United States, Volume 8 (Midwestern States), published in 2013.
AVERAGE ANNUAL RAINFALL
A calendar year of precipitation, excluding snow, which is considered typical.
BEST MANAGEMENT PRACTICE or BMP
Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize sediment or pollutants carried in runoff to waters of the state.
BUSINESS DAY
A day the office of the Village of Grafton is routinely and customarily open for business.
CEASE AND DESIST ORDER
A court-issued order to halt land-disturbing construction activity that is being conducted without the required permit.
COMBINED SEWER SYSTEM
A system for conveying both sanitary sewage and stormwater runoff.
CONNECTED IMPERVIOUSNESS
An impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious flow path.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.
DEVELOPMENT
Residential, commercial, industrial or institutional land uses and associated roads.
DIRECT CONDUITS TO GROUNDWATER
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.
DIVISION OF LAND
The creation from one parcel of five or more parcels or building sites of 1 1/2 or fewer acres each in area, where such creation occurs at one time or through successive partition within a five-year period.
EFFECTIVE INFILTRATION AREA
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.
EROSION
The process by which the land's surface is worn away by the action of wind, water, ice or gravity.
EXCEPTIONAL RESOURCE WATERS
Waters listed in § NR 102.11, Wis. Adm. Code.
EXTRATERRITORIAL
The unincorporated area within three miles of the corporate limits of the Village of Grafton.
FILTERING LAYER
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.
FINAL STABILIZATION
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.
FINANCIAL GUARANTEE
A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the Director of Public Works/Village Engineer by the responsible party to assure that requirements of the ordinance are carried out in compliance with the stormwater management plan.
GOVERNING BODY
Village Board of Trustees.
IMPERVIOUS SURFACE
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.
IN-FILL AREA
An undeveloped area of land located within existing development.
INFILTRATION
The entry of precipitation or runoff into or through the soil.
INFILTRATION SYSTEM
A device or practice, such as a basin, trench, rain garden or swale, designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or roadside channels, designed for conveyance and pollutant removal only.
KARST FEATURE
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.
LAND-DISTURBING CONSTRUCTION ACTIVITY
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.
LANDOWNER
Any person holding fee title, an easement or other interest in property which allows the person to undertake cropping, livestock management, land-disturbing construction activity or maintenance of stormwater BMPs on the property.
MAINTENANCE AGREEMENT
A legal document that provides for long-term maintenance of stormwater management practices.
MEP or MAXIMUM EXTENT PRACTICABLE
A level of implementing best management practices in order to achieve a performance standard specified in this chapter, which takes into account the best available technology, cost-effectiveness and other competing issues such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. MEP allows flexibility in the way to meet the performance standards and may vary based on the performance standard and site conditions.
NEW DEVELOPMENT
Development resulting from the conversion of previously undeveloped land or agricultural land uses.
NRCS MSE3 OR MSE4 DISTRIBUTION
A specific precipitation distribution developed by the United States Department of Agriculture, Natural Resources Conservation Service, using precipitation data from Atlas 14.
OFF-SITE
Located outside the property boundary described in the permit application.
ON-SITE
Located within the property boundary described in the permit application.
ORDINARY HIGH-WATER MARK
Has the meaning given in § NR 115.03(6), Wis. Adm. Code.
OUTSTANDING RESOURCE WATERS
Waters listed in § NR 102.10, Wis. Adm. Code.
PERCENT FINES
The percentage of a given sample of soil which passes through a No. 200 sieve.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
PERMIT
A written authorization made by the Director of Public Works/Village Engineer to the applicant to conduct land-disturbing construction activity or to discharge post-construction runoff to waters of the state.
PERMIT ADMINISTRATION FEE
A sum of money paid to the Director of Public Works/Village Engineer by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.
PERVIOUS SURFACE
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.
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
POST-CONSTRUCTION SITE
A construction site following the completion of land-disturbing construction activity and final site stabilization.
PREDEVELOPMENT CONDITION
The extent and distribution of land cover types present before the initiation of land-disturbing construction activity, assuming that all land uses prior to development activity are managed in an environmentally sound manner.
PREVENTIVE ACTION LIMIT
Has the meaning given in § NR 140.05(17), Wis. Adm. Code.
PROTECTIVE AREA
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.
REDEVELOPMENT
Areas where development is replacing older development.
RESPONSIBLE PARTY
Any entity holding fee title to the property or other person contracted or obligated by other agreement to implement and maintain post-construction stormwater BMPs.
RUNOFF
Stormwater or precipitation, including rain, snow or ice melt or similar water, that moves on the land surface via sheet or channelized flow.
SEPARATE STORM SEWER
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:
A. 
Is designed or used for collecting water or conveying runoff.
B. 
Is not part of a combined sewer system.
C. 
Is not draining to a stormwater treatment device or system.
D. 
Discharges directly or indirectly to waters of the state.
SILVICULTURE ACTIVITY
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.
SITE
The entire area included in the legal description of the land on which the land-disturbing construction activity occurred.
STOP-WORK ORDER
An order issued by the Director of Public Works/Village Engineer which requires that all construction activity on the site be stopped.
STORMWATER MANAGEMENT PLAN
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.
STORMWATER MANAGEMENT SYSTEM PLAN
Is a comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.
TECHNICAL STANDARD
A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
TOP OF THE CHANNEL
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.
TOTAL MAXIMUM DAILY LOAD or TMDL
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.
TP-40
Technical Paper No. 40, Rainfall Frequency Atlas of the United States, published in 1961.
TR-55
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.
TRANSPORTATION FACILITY
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.
TSS
Total suspended solids.
TYPE II DISTRIBUTION
A rainfall type curve as established in the "United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published 1973." The Type II curve is applicable to all of Wisconsin and represents the most intense storm pattern.
WATERS OF THE STATE
Has the meaning given in § 281.01(18), Wis. Stats.
Maximum extent practicable applies when a person who is subject to a performance standard of this chapter demonstrates to the Department of Public Work/Village Engineer'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. 
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 chapter:
1. 
Technical standards identified, developed or disseminated by the Wisconsin Department of Natural Resources under subchapter V of Ch. NR 151, Wis. Adm. Code.
2. 
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 Director of Public Works/Village Engineer.
3. 
In this chapter, the following year and location has been selected as average annual rainfall: Milwaukee, 1969 (Mar. 28-Dec. 6).
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 § 23.01.090 shall be developed and implemented for each post-construction site.
C. 
Maintenance of effort. For redevelopment sites where the redevelopment will be replacing older development that was subject to post-construction performance standards of Ch. NR 151, Wis. Adm. Code, in effect on or after October 1, 2004, the responsible party shall meet the total suspended solids reduction, peak flow control, infiltration, and protective areas standards applicable to the older development or meet the redevelopment standards of this chapter, whichever is more stringent.
D. 
Requirements. The plan required under Subsection B in this section shall include the following:
1. 
Total suspended solids. BMPs shall be designed, installed and maintained to control total suspended solids carried in runoff from the post-construction site as follows:
a. 
For new development, by design, reduce to the maximum extent practicable the total suspended solids load by 80%, based on the average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed an eighty-percent total suspended solids reduction to meet the requirements of this subsection.
b. 
For redevelopment, by design, reduce to the maximum extent practicable the total suspended solids load by 40%, based on the average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed a forty-percent total suspended solids reduction to meet the requirements of this subsection.
c. 
For in-fill development under five acres that occurs within 10 years after the effective date of this rule (January 1, 2004), by design, reduce to the maximum extent practicable the total suspended solids load by 40%, based on an average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed a forty-percent total suspended solids reduction to meet the requirements of this subsection.
d. 
For in-fill development that occurs 10 or more years after the effective date of this rule (January 1, 2004), by design, reduce to the maximum extent practicable the total suspended solids load by 80%, based on an average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed an eighty-percent total suspended solids reduction to meet the requirements of this subsection.
e. 
Notwithstanding Subsection D.1.a to d, if the design cannot achieve the applicable total suspended solids reduction specified, the stormwater management plan shall include a written and site-specific explanation why that level of reduction is not attained, and the total suspended solids load shall be reduced to the maximum extent practicable.
f. 
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. 
By design, BMPs shall be employed to maintain or reduce the peak runoff discharge rates, to the maximum extent practicable, as compared to predevelopment conditions for the design storm referenced in Subsection D.2.c of this section applicable to the post-construction site. Predevelopment conditions shall assume "good hydrologic conditions" for appropriate land covers as identified in TR-55 or an equivalent methodology. Peak discharges shall be calculated using TR-55 runoff curve number methodology, Atlas 14 precipitation depths, and the NRCS Wisconsin MSE3 precipitation distribution. On a case-by-case basis, the Director of Public Works/Village Engineer may allow the use of TP-40 precipitation depths and the Type II distribution. The meaning of "hydrologic soil group" and "runoff curve number" are as determined in TR-55. However, when predevelopment land cover is cropland, rather than using TR-55 values for cropland, the runoff curve numbers in Table 1 shall be used.
Table 1. Maximum Predevelopment Runoff Curve Numbers
Hydrologic Soil Group
Runoff Curve Number
A
B
C
D
Woodland
30
55
70
77
Grassland
39
61
71
78
Cropland
55
69
78
83
b. 
This subsection of the ordinance does not apply to any of the following:
1. 
A post-construction site where the change in hydrology due to development does not increase the existing surface water elevation at any point within the downstream receiving water by more than 0.01 of a foot for the two-year, twenty-four-hour storm event.
2. 
A post-construction site where the discharge is directly into a lake over 5,000 acres or a stream or river segment draining more than 500 square miles.
3. 
A redevelopment post-construction site.
4. 
An in-fill development area less than five acres.
c. 
The post-construction peak discharge between a fifty-year event and a hundred-year event shall be the predeveloped twenty-five-year discharge. The post-construction peak discharge between a ten-year event and a twenty-five-year event shall be the predeveloped five-year event. The post-construction peak discharge between a two-year event and a ten-year event shall be the predeveloped two-year event.
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 and h through j.
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 Subsection D.2, Peak discharge.
Note to permittees: A model that calculates runoff volume, such as SLAMM, P8, or an equivalent methodology, may be used.
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.h. Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
Note to permittees: To achieve the infiltration requirement for the parking lots or roads, "maximum extent practicable" should not be interpreted to require significant topography changes that create an excessive financial burden. To minimize potential groundwater impacts, it is desirable to infiltrate the cleanest runoff. To achieve this, a design may propose greater infiltration of runoff from low-pollutant sources such as roofs, and less from higher-pollutant source areas such as parking lots.
f. 
Exclusions. The runoff from the following areas are prohibited from meeting the requirements of this subsection:
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.
Note to permittees: Runoff from Tier 2 parking and rooftop areas may be infiltrated but may require pretreatment.
3. 
Fueling and vehicle maintenance areas.
4. 
Areas within 1,000 feet upgradient or within 100 feet downgradient of karst features.
5. 
Areas with less than three-feet separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock, except this Subsection D.3.f.5 does not prohibit infiltration of roof runoff.
6. 
Areas with runoff from industrial, commercial and institutional parking lots and roads and residential arterial roads with less than five-feet separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock.
7. 
Areas within 400 feet of a community water system well as specified in § NR 811.16(4), Wis. Adm. Code, or within 100 feet of a private well as specified in § NR 812.08(4), Wis. Adm. Code, for runoff infiltrated from commercial, industrial and institutional land uses or regional devices for residential development.
8. 
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.
9. 
Any area where the soil does not exhibit one of the following soil characteristics between the bottom of the infiltration system and the seasonal high groundwater and top of bedrock: at least a three-foot soil layer with twenty-percent fines or greater; or at least a five-foot soil layer with ten-percent fines or greater. This does not apply where the soil medium within the infiltration system provides an equivalent level of protection. This Subsection D.3.f.9 does not prohibit infiltration of roof runoff.
Note to permittees: The areas listed in Subsection D.3.f, Exclusions, are prohibited from infiltrating runoff due to the potential for groundwater contamination.
g. 
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
2. 
Notwithstanding Subsection D.3.g.1, applicable requirements for injection wells classified under Ch. NR 815, Wis. Adm. Code, shall be followed.
h. 
Exemptions. The following are not required to meet the requirements of this paragraph:
1. 
Areas where the infiltration rate of the soil is less than 0.6 inches/hour measured at the site.
2. 
Parking areas and access roads less than 5,000 square feet for commercial and industrial development.
3. 
Redevelopment post-construction sites.
4. 
In-fill development areas less than five acres.
5. 
Infiltration areas during periods when the soil on the site is frozen.
6. 
Roads in commercial, industrial and institutional land uses, and arterial residential roads.
i. 
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 paragraph.
j. 
Infiltration systems designed in accordance with this paragraph shall:
1. 
To the extent technically and economically feasible, minimize the level of pollutants infiltrating to groundwater and shall maintain compliance with the preventive action limit at a point of standards application in accordance with Ch. NR 140, Wis. Adm. Code. However, if site-specific information indicates that compliance with a preventive action limit is not achievable, the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable.
2. 
Notwithstanding Subsection D.3.j.1, the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
4. 
Protective areas.
a. 
"Protective area" means an area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. However, in this paragraph, "protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location.
1. 
For outstanding resource waters and exceptional resource waters, and for wetlands in areas of special natural resource interest as specified in § NR 103.04, Wis. Adm. Code: 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: fens, sedge meadows, bogs, low prairies, conifer swamps, shrub swamps, other forested wetlands, fresh wet meadows, shallow marshes, deep marshes and seasonally flooded basins. Wetland boundary delineations shall be made in accordance with § NR 103.08(lm), Wis. Adm. Code. This paragraph 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.
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.1, 4, 5 and 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. 
For concentrated flow channels with drainage areas greater than 130 acres: 10 feet.
9. 
Notwithstanding Subsection D.4.a.1 to 8, the greatest protective area width shall apply where rivers, streams, lakes and wetlands are contiguous.
b. 
This paragraph applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection D.4.d of this section.
c. 
The following requirements shall be met:
1. 
Impervious surfaces shall be kept out of the protective area to the maximum extent practicable. The stormwater management plan shall contain a written site-specific explanation for any parts of the protective area that are disturbed during construction.
2. 
Where land-disturbing construction activity occurs within a protective area, and where no impervious surface is present, adequate sod or self-sustaining vegetative cover of 70% or greater shall be established and maintained. The adequate sod or self-sustaining vegetative cover shall be sufficient to provide for bank stability, maintenance of fish habitat and filtering of pollutants from upslope overland flow areas under sheet flow conditions. Nonvegetative materials, such as rock riprap, may be employed on the bank as necessary to prevent erosion, such as on steep slopes or where high velocity flows occur.
Note to permittees: It is recommended that seeding of nonaggressive vegetative cover be used in the protective areas. Vegetation that is flood- and drought-tolerant and can provide long-term bank stability because of an extensive root system is preferable. Vegetative cover can be measured using the line transect method described in the University of Wisconsin Extension Publication Number A3533, titled "Estimating Residue Using the Line Transect Method."
3. 
Best management practices such as filter strips, swales or wet detention basins, that are designed to control pollutants from non-point sources may be located in the protective area.
Note to Permittees: Other regulations, such as Ch. 30, Wis. Stats., and Chs. NR 103, 115, 116 and 117, Wis. Adm. Code, and their associated review and approval process, may apply in the protective area.
d. 
This paragraph does not apply to:
1. 
Redevelopment post-construction sites.
2. 
In-fill development areas less than five acres.
3. 
Structures that cross or access surface waters such as boat landings, bridges and culverts.
4. 
Structures constructed in accordance with § 59.692(lv), Wis. Stats.
5. 
Post-construction sites from which runoff does not enter the surface water, except to the extent that vegetative ground cover is necessary to maintain bank stability.
Note to permittees: A vegetated protective area to filter runoff pollutants from post-construction sites described in Subsection D.4.d.5 above, is not necessary since runoff is not entering the surface water at that location. Other practices, necessary to meet the requirements of this section, such as a swale or basin, will need to be designed and implemented to reduce runoff pollutants before the runoff enters a surface water of the state.
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.
Note to permittees: A combination of the following BMPs may be used: oil and grease separators, canopies, petroleum spill cleanup materials, or any other structural or nonstructural method of preventing or treating petroleum in runoff.
6. 
Swale treatment for transportation facilities.
a. 
Applicability. Except as provided in Subsection D.6.b, transportation facilities that use swales for runoff conveyance and pollutant removal meet all of the requirements of this section, if the swales are designed to the maximum extent practicable to do all of the following:
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.
Note to permittees: It is preferred that tall and dense vegetation be maintained within the swale due to its greater effectiveness at enhancing runoff pollutant removal.
2. 
Swales shall comply with sections V.F. (Velocity and Depth) and V.G. (Sale Geometry Criteria) with a swale treatment length as long as that specified in section V.C. (preTreatment) of the Wisconsin Department of Natural Resources Technical Standard 1005 "Vegetated Infiltration Swales," dated May 2007, or a superseding document. Transportation facility swale treatment does not have to comply with other sections of Technical Standard 1005.
Note to permittees: Check dams may be included in the swale design to slow runoff flows and improve pollutant removal. Transportation facilities with continuous features such as curb and gutter, sidewalks or parking lanes do not comply with the design requirements of this paragraph. However, a limited amount of structural measures such as curb and gutter may be allowed as necessary to account for other concerns such as human safety or resource protection.
b. 
Exemptions. The Director of Public Works/Village Engineer may, consistent with water quality standards, require other provisions of this section be met on a transportation facility with an average daily travel of vehicles greater than 2,500 and where the initial surface water of the state that the runoff directly enters is any of the following:
1. 
An outstanding resource water.
2. 
An exceptional resource water.
3. 
Waters listed in § 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.
5. 
The transportation facility authority shall contact the Director of Public Works/Village Engineer to determine if additional BMPs beyond a water quality swale are needed under this subsection.
Note to permittees: The Department of Natural Resource's regional stormwater staff can determine if additional BMPs, beyond a water quality swale, are needed under this paragraph.
E. 
General considerations for on-site and off-site stormwater management measures. The following considerations shall be observed in managing runoff:
1. 
Natural topography and land cover features such as natural swales, natural depressions, native soil-infiltrating capacity, and natural groundwater recharge areas shall be preserved and used, to the extent possible, to meet the requirements of this section.
2. 
Emergency overland flow for all stormwater facilities shall be provided to prevent exceeding the safe capacity of downstream drainage facilities and prevent endangerment of downstream property or public safety.
F. 
Location and regional treatment option.
1. 
The BMPs may be located on site or off site as part of a regional stormwater device, practice or system, but shall be installed in accordance with§ NR 151.003, Wis. Adm. Code.
2. 
Post-construction runoff within a non-navigable surface water that flows into a BMP, such as a wet detention pond, is not required to meet the performance standards of this chapter. Post-construction BMPs may be located in non-navigable surface waters.
3. 
Except as allowed under Subsection F.4, post-construction runoff from new development shall meet the post-construction performance standards prior to entering a navigable surface water.
4. 
Post-construction runoff from any development within a navigable surface water that flows into a BMP is not required to meet the performance standards of this chapter, if:
a. 
The BMP was constructed prior to the effective date of this chapter and the BMP either received a permit issued under Ch. 30, Wis. Stats., or the BMP did not require a Ch. 30, Wis. Stats., permit; and
b. 
The BMP is designed to provide runoff treatment from future upland development.
5. 
Runoff from existing development, redevelopment and in-fill areas shall meet the post-construction performance standards in accordance with this paragraph.
a. 
To the maximum extent practicable, BMPs shall be located to treat runoff prior to discharge to navigable surface waters.
b. 
Post-construction BMPs for such runoff may be located in a navigable surface water if allowable under all other applicable federal, state and local regulations such as Ch. NR 103, Wis. Adm. Code, and Ch. 30, Wis. Stats.
Note to permittees: This allows the location of BMPs in navigable surface waters where necessary to augment management practices upstream of the navigable surface water to meet the performance standards.
6. 
The discharge of runoff from a BMP, such as a wet detention pond, or after a series of such BMPs is subject to this chapter.
Note to permittees: This section does not supersede any other applicable federal, state or local regulation such as Ch. NR 103, Wis. Adm. Code, and Ch. 30, Wis. Stats.
7. 
The Director of Public Works/Village Engineer may approve off-site management measures, provided that all of the following conditions are met:
a. 
The Director of Public Works/Village Engineer determines that the post-construction runoff is covered by a stormwater management system plan that is approved by the Village of Grafton and that contains management requirements consistent with the purpose and intent of this chapter.
b. 
The off-site facility meets all of the following conditions:
1. 
The 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 chapter.
3. 
The facility has a legally obligated entity responsible for its long-term operation and maintenance.
8. 
Where a regional treatment option exists such that the Director of Public Works/Village Engineer 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 Director of Public Works/Village Engineer. In determining the fee for post-construction runoff, the Director of Public Works/Village Engineer shall consider an equitable distribution of the cost for land, engineering design, construction and maintenance of the regional treatment option.
G. 
Alternate requirements. The Director of Public Works/Village Engineer may establish stormwater management requirements more stringent than those set forth in this section if the Director of Public Works/Village Engineer determines that an added level of protection is needed to protect sensitive resources.
A. 
Permit required. No responsible party may undertake a land-disturbing construction activity without receiving a post-construction runoff permit from the Director of Public Works/Village Engineer prior to commencing the proposed activity.
B. 
Permit application and fees. Unless specifically excluded by this chapter, any responsible party desiring a permit shall submit to the Director of Public Works/Village Engineer a permit application made on a form provided by the Director of Public Works/Village Engineer for that purpose.
1. 
Unless otherwise excepted by this chapter, a permit application must be accompanied by a stormwater management plan, a maintenance agreement and a nonrefundable permit administration fee.
2. 
The stormwater management plan shall be prepared to meet the requirements of §§ 23.01.070 and 23.01.090; the maintenance agreement shall be prepared to meet the requirements of § 23.01.100; the financial guarantee shall meet the requirements of § 23.01.110; and fees shall be those established by the Village Board as set forth in § 23.01.120.
C. 
Review and approval of permit application. The Director of Public Works/Village Engineer 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 10 business days of the receipt of a complete permit application, including all items as required by § 23.01.080B, the Director of Public Works/Village Engineer shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this chapter.
2. 
If the stormwater permit application, plan and maintenance agreement are approved, or if an agreed upon payment of fees in lieu of stormwater management practices is made, the Director of Public Works/Village Engineer shall issue the permit.
3. 
If the stormwater permit application, plan or maintenance agreement is disapproved, the Director of Public Works/Village Engineer shall detail in writing the reasons for disapproval.
4. 
The Director of Public Works/Village Engineer may request additional information from the applicant. If additional information is submitted, the Director of Public Works/Village Engineer shall have 10 business days from the date the additional information is received to inform the applicant that the plan and maintenance agreement are either approved or disapproved.
5. 
Failure by the Director of Public Works/Village Engineer to inform the permit applicant of a decision within 15 business days of a required submittal shall be deemed to mean approval of the submittal, and the applicant may proceed as if a permit had been issued.
D. 
Permit requirements. All permits issued under this chapter shall be subject to the following conditions, and holders of permits issued under this chapter shall be deemed to have accepted these conditions. The Director of Public Works/Village Engineer may suspend or revoke a permit for violation of a permit condition following written notification of the responsible party. An action by the Director of Public Works/Village Engineer to suspend or revoke this permit may be appealed in accordance with § 23.01.140.
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 Director of Public Works/Village Engineer at least 10 business days before commencing any work in conjunction with the stormwater management plan and within five business days upon completion of the stormwater management practices. If required as a special condition under § 23.01.080E, the responsible party shall make additional notification according to a schedule set forth by the Director of Public Works/Village Engineer so that practice installations can be inspected during construction.
4. 
Practice installations required as part of this chapter shall be certified "as built" by a licensed professional engineer. Completed stormwater management practices must pass a final inspection by the Director of Public Works/Village Engineer or its designee to determine if they are in accordance with the approved stormwater management plan and ordinance. The Director of Public Works/Village Engineer, 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 Director of Public Works/Village Engineer of any significant modifications it intends to make to an approved stormwater management plan. The Director of Public Works/Village Engineer may require that the proposed modifications be submitted to it for approval prior to incorporation into the stormwater management plan and execution by the responsible party.
6. 
The responsible party shall maintain all stormwater management practices in accordance with the stormwater management plan until the practices either become the responsibility of the Village Board or are transferred to subsequent private owners as specified in the approved maintenance agreement.
7. 
The responsible party authorizes the Director of Public Works/Village Engineer 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 § 23.01.110.
8. 
If so directed by the Director of Public Works/Village Engineer, 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 Director of Public Works/Village Engineer 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 Director of Public Works/Village Engineer may require the responsible party to make appropriate legal arrangements with affected property owners concerning the prevention of endangerment to property or public safety.
11. 
The responsible party is subject to the enforcement actions and penalties detailed in § 23.01.130, if the responsible party fails to comply with the terms of this permit.
E. 
Permit conditions. Permits issued under this section may include conditions established by the Director of Public Works/Village Engineer in addition to the requirements needed to meet the performance standards in § 23.01.070 or a financial guarantee as provided for in § 23.01.110.
F. 
Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the Director of Public Works/Village Engineer notifies the responsible party that all stormwater management practices have passed the final inspection required under Subsection D.4 of this section.
A. 
Plan requirements. The stormwater management plan required under § 23.01.080B.2 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 less than one inch equals 40 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. 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 less than one inch equals 40 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).
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 § 23.01.070.
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. 
Other information requested in writing by the Director of Public Works/Village Engineer to determine compliance of the proposed stormwater management measures with the provisions of this chapter.
9. 
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 chapter.
B. 
Alternate requirements. The Director of Public Works/Village Engineer may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 23.01.070D.3.e.
A. 
Maintenance agreement required. The maintenance agreement required under § 23.01.080B for stormwater management practices shall be an agreement between the Director of Public Works/Village Engineer 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 § 23.01.090A.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 § 23.01.080B.
3. 
Identification of the responsible party(s), organization or city, county, town or village responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan required under § 23.01.080B.
4. 
Requirement that the responsible party(s), organization or city, county, town or village shall maintain stormwater management practices in accordance with the schedule included in Subsection B.2.
5. 
Authorization for the Director of Public Works/Village Engineer to access the property to conduct inspections of stormwater management practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement.
6. 
A requirement on the Director of Public Works/Village Engineer 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 Director of Public Works/Village Engineer of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Director of Public Works/Village Engineer.
8. 
Authorization of the Director of Public Works/Village Engineer 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 Director of Public Works/Village Engineer 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 Director of Public Works/Village Engineer may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the Director of Public Works/Village Engineer. The financial guarantee shall be in an amount determined by the Director of Public Works/Village Engineer to be the estimated cost of construction and the estimated cost of maintenance of the stormwater management practices during the period which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the Director of Public Works/Village Engineer the authorization to use the funds to complete the stormwater management practices if the responsible party defaults or does not properly implement the approved stormwater management plan, upon written notice to the responsible party by the Director of Public Works/Village Engineer that the requirements of this chapter have not been met.
B. 
Conditions for release. Conditions for the release of the financial guarantee are as follows:
1. 
The Director of Public Works/Village Engineer shall release the portion of the financial guarantee established under this section, less any costs incurred by the Director of Public Works/Village Engineer to complete installation of practices, upon submission of as-built plans by a licensed professional engineer. The Director of Public Works/Village Engineer may make provisions for a partial pro-rata release of the financial guarantee based on the completion of various development stages.
2. 
The Director of Public Works/Village Engineer shall release the portion of the financial guarantee established under this section to assure maintenance of stormwater practices, less any costs incurred by the Director of Public Works/Village Engineer, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement.
The fees referred to in other sections of this chapter shall be established by the Village Board and may from time to time be modified by resolution. A schedule of the fees established by the Village Board shall be available for review at the Department of Public Works, 1300 Hickory Street, Grafton, Wisconsin.
A. 
The Village Board hereby designates the Director of Public Works/Village Engineer to administer and enforce the provisions of this chapter.
B. 
Any land-disturbing construction activity or post-construction runoff initiated after the effective date of this chapter by any person, firm, association or corporation subject to the ordinance provisions shall be deemed a violation unless conducted in accordance with the requirements of this chapter.
C. 
The Director of Public Works/Village Engineer 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.
D. 
Upon receipt of written notification from the Director of Public Works/Village Engineer under Subsection C, 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 Director of Public Works/Village Engineer in the notice.
E. 
If the violations to a permit issued pursuant to this chapter are likely to result in damage to properties, public facilities, or waters of the state, the Director of Public Works/Village Engineer may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the Director of Public Works/Village Engineer plus interest and legal costs shall be billed to the responsible party.
F. 
The Director of Public Works/Village Engineer is authorized to post a stop-work order on all land-disturbing construction activity that is in violation of this chapter, or to request the Village Attorney to obtain a cease and desist order in any court with jurisdiction.
G. 
The Director of Public Works/Village Engineer may revoke a permit issued under this chapter for noncompliance with ordinance provisions.
H. 
Any permit revocation, stop-work order, or cease and desist order shall remain in effect unless retracted by the Director of Public Works/Village Engineer or by a court with jurisdiction.
I. 
The Director of Public Works/Village Engineer is authorized to refer any violation of this chapter, or of a stop-work order or cease and desist order issued pursuant to this chapter, to the Village Attorney for the commencement of further legal proceedings in any court with jurisdiction.
J. 
Any person, firm, association or corporation who or which does not comply with the provisions of this chapter shall be subject to a forfeiture of not less than $50 or more than $500 per offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.
K. 
Compliance with the provisions of this chapter may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings.
Note to permittees: Injunctional orders are authorized pursuant to § 59.69(11), 61.35 or 62.23(8), Wis. Stats., for counties, villages and towns with Village powers, and cities, respectively.
L. 
When the Director of Public Works/Village Engineer determines that the holder of a permit issued pursuant to this chapter has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the Director of Public Works/Village Engineer or a party designated by the Director of Public Works/Village Engineer may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The Director of Public Works/Village Engineer 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 § 23.01.110 of this chapter. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.
A. 
Board of Appeals. The Board of Appeals, created pursuant to Ch. 2.34 of the Village of Grafton Code pursuant to § 61.354(4)(b), Wis. Stats, shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Director of Public Works/Village Engineer in administering this chapter. The Board shall also use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals. Upon appeal, the Board may authorize variances from the provisions of this chapter that are not contrary to the public interest and where owing to special conditions a literal enforcement of the ordinance will result in unnecessary hardship.
B. 
Who may appeal. Appeals to the Board of Appeals may be taken by any aggrieved person or by an officer, department, board or bureau of the Village of Grafton affected by any decision of the Director of Public Works/Village Engineer.
If any section, clause, provision or portion of this chapter is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the chapter shall remain in force and not be affected by such judgment.
This chapter shall be in force and effect from and after its adoption and publication. The above and foregoing ordinance was duly adopted by the Village Board of the Village of Grafton on the 19th day of February, 2016.