Village of Footville, WI
Rock County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Footville 7-5-2007 by Ord. No. 07-05-07. Amendments noted where applicable.]
A. 
Title. This chapter may be cited as the "Village of Footville Stormwater Management Ordinance."
B. 
Effective date. This chapter shall take effect July 11, 2007.
A. 
This chapter is adopted under authority granted by § 61.354, Wis. Stats. This chapter supersedes all conflicting and contradictory stormwater management regulations previously adopted by the Village of Footville under § 61.35, Wis. Stats. Except as specifically provided in § 61.354, § 61.35 applies to this chapter and to any amendments to this chapter.
B. 
The requirements of this chapter do not preempt more stringent stormwater management requirements that may be imposed by the Wisconsin Department of Natural Resources (DNR).
C. 
The provisions of this chapter are not intended to limit any other lawful regulatory powers of the Village of Footville.
D. 
The Footville Village Board designates the Village Engineer to administer and enforce the provisions of this chapter. The Village Board may review decisions of the Village Engineer upon written request by an applicant or permit holder delivered to the Village Clerk.
A. 
The Footville Village Board finds that uncontrolled, post-construction runoff from land development activity 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 and stream bed scour, diminishing groundwater recharge and stream base flows and increasing stream temperature;
(2) 
Diminish the capacity of lakes and streams to support fish, aquatic life and recreational and water supply uses by increasing pollutant loading of sediment, suspended solids, nutrients, heavy metals, bacteria, pathogens and other urban pollutants;
(3) 
Alter wetland communities by changing wetland hydrology and increasing pollutant loads;
(4) 
Reduce the quality of groundwater by increasing pollutant loading;
(5) 
Threaten public health, safety, property, and general welfare by increasing major flood peaks and volumes and overtaxing storm sewers, drainage ways, and other minor drainage facilities;
(6) 
Undermine floodplain management efforts by increasing the incidence levels of flooding.
B. 
The Footville Village Board finds that properly planned, implemented, and maintained stormwater control best management practices (BMPs) can significantly reduce these impacts.
A. 
Purpose. The general purpose of this chapter is to promote the health, safety, and general welfare of the people, preserve natural resources, and protect the quality of the waters of the state, in Village of Footville, to the extent practicable. Specific purposes are to:
(1) 
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; preserve ground cover and scenic beauty; promote sound economic growth; control the exceeding of the safe capacity of existing drainage facilities and receiving water bodies; prevent undue channel erosion; control increases in scouring and transportation of particulate matter, and prevent conditions that endanger downstream property.
(2) 
Foster consistent, statewide application of post-construction performance standards developed by the DNR under § 281.16(2), Wis. Stats.
B. 
Intent. The intent of this chapter is to establish long-term, post-construction runoff management requirements that require the use of BMPs to reduce the amount of post-construction stormwater and associated pollutants reaching waters of the state or adjacent property. It is intended that permit holders be able to choose the most cost-effective BMPs meeting the performance standards required under this chapter. This chapter is not intended to limit activity or division of land permitted under the applicable zoning and land division ordinances.
A. 
Jurisdiction. This chapter applies to post-construction sites within the boundaries and jurisdiction of the Village of Footville, as well as all lands located within the extraterritorial plat approval jurisdiction of the Village of Footville, even if plat approval is not involved.
B. 
Applicability.
(1) 
This chapter applies to the following land-disturbing construction activities unless documentary evidence establishes that the project bids were advertised, contracts signed where no bids were advertised, or substantial on-site work on the project had been completed before the effective date of this chapter:
(a) 
A construction site that has one or more acres of land-disturbing construction activity.
(b) 
Activities under Subsection A which are less than one acre but are part of a larger construction site that in total disturbs more than one acre.
(c) 
Land-disturbing construction activities, on a site of any size, that have been observed to cause, or have been determined likely to result in, runoff in excess of the safe capacity of the existing drainage facilities or receiving body of water, undue channel erosion, increased water pollution by scouring or the transportation of particulate matter, or endangerment of property or public safety. The Agency shall make this determination after review by the Technical Review Committee.
(2) 
Exemptions.
(a) 
This chapter does not apply to the following:
[1] 
Nonpoint discharges from agricultural facilities and practices;
[2] 
Nonpoint discharges from silviculture (forestry) activities;
[3] 
Routine maintenance of 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;
[4] 
Land-disturbing construction activities conducted, or contracted for, by any state agency, as defined under § 227.01(1), Wis. Stats., but also including the office of the district attorney, which are subject to the state stormwater management plan promulgated pursuant to a memorandum of understanding entered into under § 281.33(2), Wis. Stats.;
[5] 
Redevelopment post-construction sites with no increase in exposed parking lots or roads;
[6] 
Post-construction sites 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;
[7] 
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.
(b) 
Any land-disturbing construction activity that is designed and/or certified by the Village Engineer, or the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture as part of a soil conservation or water pollution control project shall comply with all of the requirements of this chapter, but shall be exempted from obtaining a permit, providing a financial guarantee, or paying fees under § 266-9.
(c) 
Any land-disturbing construction activity that is conducted by or for the Village of Footville, shall comply with all of the requirements of this chapter, including obtaining a permit and submitting a stormwater management plan, but shall be exempted from providing a financial guarantee, or paying fees under § 266-9.
[1] 
At the discretion of the Agency, for land-disturbing construction activity that is conducted by or for the Village of Footville, a qualified employee of the Village or contracted agent, undertaking the construction activity, may administer the permit.
(d) 
Any land-disturbing construction activities conducted on sites which were included as part of a previously completed stormwater management plan that was approved under this chapter shall be exempt from obtaining a permit, provided:
[1] 
New activities do not render the existing stormwater BMPs less effective; or
[2] 
New site development exceeds the assumptions made in the calculations used in development of the previous plan.
C. 
Waivers.
(1) 
The Agency may waive any or all of the requirements of this chapter if the Agency determines that:
(a) 
The requirement is not necessary for a particular site to ensure compliance with the intent of this chapter; or
(b) 
Stormwater runoff from the construction site activities will have no appreciable off-site impact.
(2) 
The Technical Review Committee shall be responsible for making recommendations to the Agency concerning all waiver applications.
A. 
All BMPs required to comply with this chapter shall meet the design criteria, standards and specifications identified, developed or disseminated by the DNR under Subchapter V of Chapter NR 151, Wis. Adm. Code.
B. 
Where technical standards have not been adopted by the DNR, other technical standards may be used provided that the methods have been approved by the Agency.
C. 
The Rock County "Design Guidelines and Standards" manual may be used to assist landowners, developers, and consultants to comply with the provisions of this chapter.
A. 
General considerations.
(1) 
Planning principles.
(a) 
A stormwater management plan shall maintain, as nearly as possible, the natural drainage patterns of the site. Current topography and land cover features such as drainage swales, depressions, kettles, soil-infiltrating capacity, and groundwater recharge areas shall be preserved and used, to the extent possible, to meet the requirements of this section. The use of native prairie grasses as ground cover is encouraged.
(b) 
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.
(c) 
A stormwater management plan shall maintain as nearly as possible, the calculated predevelopment peak flows of the site.
(d) 
The maximum controlled stormwater runoff storage release shall not exceed the safe stormwater drainage capacity of the downstream drainage pattern.
(e) 
Discharges from new construction must have a stable outlet capable of carrying designed flow at a nonerosive velocity. Outlet design must consider flow capacity and flow duration. This applies to both the site outlet and the ultimate outlet to a stormwater conveyance or water body.
(f) 
Changes to the function of wetlands shall be minimized insofar as reasonably possible. Where such changes are proposed, the impact of the proposal on wetland functional values shall be assessed using standard methods appropriate to the affected wetland that are acceptable to the DNR, as defined by Ch. NR 103, Wis. Adm. Code.
B. 
Stormwater runoff peak discharge rate and volume. Unless otherwise provided for in this chapter, all land development activities subject to this chapter shall establish on-site management practices to control the peak flow rates of stormwater discharged from the site as described in this chapter. Infiltration of stormwater runoff from driveways, rooftops, parking lots, and landscaped areas shall be incorporated insofar as reasonably possible to provide volume control in addition to control of peak flows.
(1) 
The proposed land development shall, by design, not increase peak flow rates of stormwater runoff from that which would have resulted from the same storm occurring over the site with the land in its predeveloped conditions for the two-, ten-, and one-hundred-year, twenty-four-hour storms.
(2) 
All runoff and flow calculations required for peak flow design shall use a hydrograph-producing method such as described in the most recent version of TR-55. The Agency retains approval of the methods used to determine runoff volume. Calculations for determining peak runoffs and volumes must incorporate the following assumptions:
(a) 
The design rainfall storm accumulation for different storm intensities in Village of Footville shall be based on the following data:
[1] 
Rainfall accumulation for twenty-four-hour rainfall:
[a] 
Two-year storm, 2.9 inches.
[b] 
Ten-year storm, 4.1 inches.
[c] 
One-hundred-year storm, 6.0 inches.
[2] 
The rainfall distribution for the storms shall be based on the NRCS Type II storms with an antecedent moisture condition of 2, which are described in TR-55.
(b) 
In this chapter, the following year and location has been selected as average annual rainfall: Madison, 1981 (March 12 through December 2).
(c) 
The estimated engineering properties of the soils may be obtained from the Soil Survey of Village of Footville, Wisconsin, dated July 1974. On-site soil investigation may be required to verify the Soil Survey information.
(d) 
Runoff Curve Numbers for on-site areas shall be based on predeveloped and proposed developed land use conditions. Runoff Curve Number for off-site areas shall be based on the predeveloped or proposed land use, which ever results in the highest peak flows. Runoff curve numbers are described in TR-55.
(3) 
Determination of volume of runoffs shall be determined using standard hydrology methods and procedures described the most recent version of TR-55 that are appropriate to site conditions. These volumes can be determined manually or with computer programs such as the HEC-1 program, NRCS TR-20 program, HEC-HMS program, P8, or HydroCad. The models must incorporate the assumptions listed in this chapter. The Agency retains approval of the methods used to determine runoff volume.
(4) 
All stormwater storage facilities and conveyance systems within the proposed development, and those receiving surface runoff from the proposed development, shall be designed to completely contain peak storm discharge and volume as described in the following subsections.
(a) 
For storage facilities, the design storage for the one-hundred-year, twenty-four-hour storm shall be contained within the top of the stormwater embankment.
(b) 
For open-channel conveyance systems, such as open channels or grassed drainage swales, the peak flow from the twenty-five-year, twenty-four-hour storm shall be completely contained within the channel bottoms and banks.
(c) 
For culverts under rural town roads, the peak flow from the ten-year, twenty-four-hour storm shall be completely contained within the pipe with no surcharging or pressurized flow.
(d) 
For storm sewer systems the peak flow from the two-year, twenty-four-hour storm shall be completely contained within the pipe with no surcharging or pressurized flow.
(5) 
The stormwater runoff peak discharge rate and volume requirements of this section of this chapter do not apply to any of the following:
(a) 
A post-construction site where the change in hydrology due to development does not increase the existing adjacent surface water elevation of rivers streams or lakes by more than 0.01 foot for the one-hundred-year, twenty-four-hour storm.
(b) 
A redevelopment post-construction site.
(c) 
An in-fill development of less than five acres.
(6) 
A determination as to whether the exceptions listed in Subsection B(5) above apply to a particular post-construction site must be made as part of the waiver process described in § 266-8C of this chapter.
C. 
Stormwater runoff discharge quality, total suspended solids. BMPs shall be designed, installed or applied, and maintained to control total suspended solids carried in runoff from the post-construction site as follows:
(1) 
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 80% total suspended solids reduction to meet the requirements of this section.
(2) 
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 40% total suspended solids reduction to meet the requirements of this section.
(3) 
For in-fill development under five acres that occurs within 10 years after October 1, 2002, 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 40% total suspended solids reduction to meet the requirements of this section.
(4) 
For in-fill development that occurs 10 or more years after October 1, 2002, 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 80% total suspended solids reduction to meet the requirements of this section.
(5) 
Notwithstanding Subsection C(1) through (4), 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 cannot be attained and the total suspended solids load shall be reduced to the maximum extent practicable.
D. 
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(5) through (8).
(1) 
For residential developments, one of the following shall be met:
(a) 
Infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 90% of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 1% of the project site is required as an effective infiltration area.
(b) 
Infiltrate 25% of the post-development runoff from the two-year, twenty-four-hour design storm with a Type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than 1% of the project site is required as an effective infiltration area.
(2) 
For nonresidential development, including commercial, industrial and institutional development, one of the following shall be met:
(a) 
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 project site is required as an effective infiltration area.
(b) 
Infiltrate 10% of the runoff from the two-year, twenty-four-hour design storm with a Type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes, and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the project site is required as an effective infiltration area.
(3) 
Predevelopment conditions shall be the same as in Subsection B.
(4) 
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(8). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(5) 
Exclusions. The runoff from the following areas is excluded from meeting the requirements of § 266-7D. A determination as to whether these exclusions apply to a particular post-construction site must be made as part of the waiver process described in § 266-8C of this chapter.
(a) 
Areas associated with Tier 1 industrial facilities identified in § NR 216.21(2)(a), Wis. Adm. Code, including storage, loading, rooftop and parking.
(b) 
Storage and loading areas of Tier 2 industrial facilities identified in § NR 216.21(2)(b), Wis. Adm. Code.
(c) 
Fueling and vehicle maintenance areas.
(d) 
Areas within 1,000 feet upgradient or within 100 feet downgradient of karst features.
(e) 
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 does not exclude infiltration of roof runoff.
(f) 
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.
(g) 
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.
(h) 
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.
(i) 
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 20% fines or greater, or at least a five-foot soil layer with 10% fines or greater. This does not apply where the soil medium within the infiltration system provides an equivalent level of protection. This subsection does not prohibit infiltration of roof runoff.
(6) 
Exemptions. The following are not required to meet the requirements of this subsection. A determination as to whether these exceptions apply to a particular post-construction site must be made as part of the waiver process described in § 266-8C of this chapter.
(a) 
Areas where the infiltration rate of the soil is less than 0.6 inches/hour measured at the site.
(b) 
Parking areas and access roads less than 5,000 square feet for commercial and industrial development.
(c) 
Redevelopment post-construction sites.
(d) 
In-fill development areas less than five acres.
(e) 
Infiltration areas during periods when the soil on the site is frozen.
(f) 
Roads in commercial, industrial and institutional land uses, and arterial residential roads.
(7) 
Where alternate uses of runoff are employed, such as for toilet flushing, laundry or irrigation, such alternate use shall be given equal credit toward the infiltration volume required by this subsection.
(8) 
Infiltration systems designed in accordance with this subsection shall, to the extent technically and economically feasible, minimize the level of pollutants infiltrating to groundwater and shall maintain compliance with the preventive action limit at a point of standards application in accordance with Ch. NR 140, Wis. Adm. Code. However, if site-specific information indicates that compliance with a preventive action limit is not achievable, the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable.
(9) 
Notwithstanding Subsection D(8), the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
E. 
Protective areas.
(1) 
"Protective area" means an area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. However, in this subsection, "protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location.
(a) 
For outstanding resource waters and exceptional resource waters, and for wetlands in areas of special natural resource interest as specified in § NR 103.04, 75 feet.
(b) 
For perennial and intermittent streams identified on a United States geological survey 7.5-minute series topographic map, or a county soil survey map, whichever is more current, 50 feet.
(c) 
For lakes, 50 feet.
(d) 
For highly susceptible wetlands, 50 feet. Highly susceptible wetlands include the following types: fens, sedge meadows, bogs, low prairies, conifer swamps, shrub swamps, other forested wetlands, fresh wet meadows, shallow marshes, deep marshes and seasonally flooded basins. Wetland boundary delineations shall be made in accordance with § NR 103.08(lm). 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.
(e) 
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.
(f) 
In Subsection E(1)(a), (d), and (e), 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.
(g) 
For concentrated flow channels with drainage areas greater than 130 acres, 10 feet.
(2) 
This subsection applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection E(4).
(3) 
The following requirements shall be met:
(a) 
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. No waivers may be granted by the Agency for this requirement.
(b) 
Where land-disturbing construction activity occurs within a protective area, and where no impervious surface is present, adequate sod or self-sustaining vegetative cover of 70% or greater shall be established and maintained. The adequate sod or self-sustaining vegetative cover shall be sufficient to provide for bank stability, maintenance of fish habitat and filtering of pollutants from upslope overland flow areas under sheet flow conditions. Nonvegetative materials, such as rock riprap, may be employed on the bank as necessary to prevent erosion, such as on steep slopes or where high-velocity flows occur, subject to any required approval by the DNR.
(c) 
Best management practices such as filter strips, swales, or wet detention basins, that are designed to control pollutants from nonpoint sources may be located in the protective area.
(4) 
This subsection does not apply to:
(a) 
Redevelopment post-construction sites.
(b) 
In-fill development areas less than five acres.
(c) 
Structures that cross or access surface waters such as boat landings, bridges and culverts.
(d) 
Structures constructed in accordance with § 59.692(1v), Wis. Stats.
(e) 
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.
F. 
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.
G. 
Swale treatment for transportation facilities.
(1) 
Applicability. Except as provided in Subsection G(2), transportation facilities that use swales for runoff conveyance and pollutant removal shall be deemed to comply with all of the requirements of this section, if the swales are designed to the maximum extent practicable to do all of the following:
(a) 
Be vegetated. However, where appropriate, nonvegetative measures may be employed to prevent erosion or provide for runoff treatment, such as rock riprap stabilization or check dams.
(b) 
Carry runoff through a swale of 200 feet or more in length that is designed with a flow velocity no greater than 1.5 feet per second for the peak flow generated using either a two-year, twenty-four-hour design storm or a two-year storm with a duration equal to the time of concentration as appropriate. If a swale of 200 feet or more in length cannot be designed with a flow velocity of 1.5 feet per second or less, then the flow velocity shall be reduced to the maximum extent practicable.
(2) 
Exemptions. The Agency may, consistent with water quality standards, require that other provisions of this section be met on a transportation facility with an average daily travel of greater than 2,500 vehicles and where the initial surface water of the state that the runoff directly enters is any of the following:
(a) 
An outstanding resource water.
(b) 
An exceptional resource water.
(c) 
Waters listed in Section 303(d) of the Federal Clean Water Act that are identified as impaired in whole or in part, due to nonpoint source impacts.
(d) 
Waters where targeted performance standards are developed under § NR 151.004, Wis. Adm. Code, to meet water quality standards.
H. 
Location and regional treatment option.
(1) 
No stormwater facility shall be located closer to an existing or planned well than the distances prescribed in Chs. NR 811 and NR 812 as minimum separation distances between wells and stormwater facilities listed as possible sources of contamination.
(2) 
The BMPs may be located on-site or off-site as part of a regional stormwater device, practice or system.
(3) 
Post-construction runoff within nonnavigable 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 nonnavigable surface waters.
(4) 
Except as allowed under Subsection H(5), post-construction runoff from new development shall meet the post-construction performance standards prior to entering navigable surface water.
(5) 
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 Chapter 30, Wis. Stats., or the BMP did not require a Chapter 30, Wis. Stats., permit; and
(b) 
The BMP is designed to provide runoff treatment from future upland development.
(6) 
Runoff from existing development, redevelopment and in-fill areas shall meet the post-construction performance standards in accordance with this subsection.
(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 navigable surface water if allowable under all other applicable federal, state and local regulations such as Chapter NR 103, Wis. Adm. Code, and Chapter 30, Wis. Stats.
(7) 
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.
(8) 
The Agency may approve off-site management measures provided that all of the following conditions are met:
(a) 
The Agency determines that the post-construction runoff is covered by a stormwater management system plan that is approved by the Village of Footville 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 development includes means to convey stormwater to the off-site storage facility.
[4] 
The facility has a legally obligated entity responsible for its long-term operation and maintenance.
(9) 
Where a regional treatment option exists such that the Agency 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 negotiations with the Agency. In determining the fee for post-construction runoff, the Agency shall consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of the regional treatment option.
I. 
Alternate requirements.
(1) 
The Agency may establish stormwater management requirements more stringent than those set forth in this section if the Agency determines that a greater level of protection is needed to protect sensitive resources.
(2) 
The Technical Review Committee shall make recommendations to the Agency concerning any stormwater requirements more stringent than those set forth in this section.
A. 
Permit or waiver required. No responsible party may undertake a land-disturbing construction activity subject to this chapter without receiving a permit from the Agency, or a waiver as provided in § 266-5C, prior to beginning the proposed activity.
B. 
Preliminary review letter.
(1) 
A preliminary review letter provides a potential permit applicant with a simple initial evaluation of whether stormwater management performance standards can be met for a proposed site, lot layout, or construction design. With the exception of the conditions under § 266-8B(2)(e), this review is voluntary and intended to assist applicants to obtain a permit. A preliminary review letter does not guarantee that a plan will be approved, or that a permit will be issued. Permit applications and plans must meet all applicable standards and criteria for approval.
(2) 
Preliminary review letter procedure:
(a) 
Any responsible party may apply for a preliminary review letter by submitting an application using a form provided by the Agency.
(b) 
The Agency will evaluate completed applications and may consult other governmental departments or agencies. The Agency may request additional information from the applicant to better evaluate the application.
(c) 
The Agency will provide the applicant with the preliminary review letter within 10 working days from the date the last information concerning the application is received.
(d) 
The fee for a preliminary review letter shall be determined according to § 266-9 of this chapter. The amount of the fee for a stormwater management permit for the site reviewed shall be reduced by the amount of the fee for a preliminary review letter.
(e) 
The Agency may require a preliminary review letter prior to accepting an application for a building permit or conditional use permit under applicable ordinance(s) or for a certified survey map under applicable county or local land division ordinance(s) where any of the following apply:
[1] 
The proposal would involve one or more acres within either the current or proposed boundaries of a commercial zoning district;
[2] 
The proposed lot or rezone area configuration would necessitate driveways, access roads, or other construction that would clearly require a stormwater management plan under this chapter;
[3] 
Natural features of the site, including but not limited to, slope, soils, wetlands, or hydrology are such that, in the opinion of the Agency, substantial risk of erosion, or flooding, or other environmental or public safety hazard exists; or, in the opinion of the Agency, consultation with Agency staff is necessary to determine land suitability requirements under local subdivision ordinances.
(f) 
Unless expressly waived by the applicant, decisions by the Agency to require a preliminary review letter shall be made in writing and shall detail the reasons why the Agency determines there to be a substantial risk of erosion or flooding, or other hazard.
C. 
Permit/waiver application.
(1) 
Any responsible party desiring a permit or waiver shall submit an application to the Agency using a form provided by the Agency.
(a) 
A permit application shall consist of a completed application form, including a waiver application for relief from any requirement deemed not necessary to ensure compliance with the intent of this chapter, as provided for in § 266-5C(1), two copies of a stormwater management plan, a maintenance agreement and a nonrefundable application review and administration fee.
(b) 
Permit applications shall be considered active until a permit has been issued or all reviews or appeals have been exhausted, as provided for in § 266-8F(9) or 266-11. Further applications for the site by an applicant who has had a permit denied, or has exhausted their appeals will be considered a new application, as provided for in § 266-8C(1)(a).
(2) 
The permit application form shall contain, at a minimum:
(a) 
The name, address, and telephone number for the following or their designees:
[1] 
Landowner;
[2] 
Developer;
[3] 
Agent, project manager or supervisor who will oversee the land-disturbing construction activities;
[4] 
Person and/or company responsible for BMP design;
[5] 
Person(s) responsible for installation of stormwater management BMPs;
[6] 
Person(s) responsible for maintenance of stormwater BMPs prior to the transfer, if any, of maintenance responsibility to another party.
(b) 
A proper legal description of the property proposed to be developed, referenced to the United States Public Land Survey system or to block and lot numbers within a recorded land subdivision plat.
(3) 
If the application is from a land user, the permit application form must be signed by the landowner of the site where the land-disturbing construction activities are to take place. A notarized statement signed by the landowner authorizing the applicant to act as the landowner's agent shall also be accepted, provided that it binds the landowner to the terms of this chapter and any permit issued to the permit holder, including the enforcement actions set forth in § 266-10. Submission of an application by one of several landowners or land users of a particular site shall constitute an affirmation by the applicant of authority to act on behalf of the other landowners or land users to apply for, receive, and abide by the provisions of a permit. The Village shall be under no obligation to ascertain the legal authority of the applicant to so act.
(4) 
Each permit application form shall contain an agreement by the applicant that:
(a) 
Authorizes the Agency to enter the site to obtain information required for the review of the application; and
(b) 
Any land-disturbing construction activity shall be conducted in accordance with the provisions of an approved or amended permit.
(5) 
A waiver application, as provided for in § 266-5C(2), shall consist of a completed waiver application form, including a written justification and a conceptual development plan.
D. 
Stormwater management plans.
(1) 
Plan requirements. The stormwater management plan required under § 266-8C(1)(a) of this chapter shall contain any information the Agency requires to evaluate the environmental characteristics of the area affected by post-construction runoff land development or land redevelopment activity, the potential impacts of the proposed development upon the quality and quantity of stormwater runoff 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 chapter. Unless specified otherwise by this chapter, stormwater management plans shall contain a narrative, construction drawings, maps, or tables that, at a minimum, contain the following information:
(a) 
Predevelopment site conditions, including:
[1] 
One or more site maps at a scale of either one inch equals 50 feet or one inch equals 100 feet, whichever is appropriate to the site size. The site maps shall show the following:
[a] 
Site location, address, and legal description of the property;
[b] 
Adjoining property and names of adjoining property owners;
[c] 
Predominant soil types and hydrologic soil groups;
[d] 
Existing cover type and condition;
[e] 
Topographic contours, using the best available data, of the site at a scale not to exceed two feet;
[f] 
Topography and drainage network including enough of the contiguous properties to show runoff patterns onto, through and from the site;
[g] 
Watercourses, on or off-site, that may affect or be affected by runoff from the site;
[h] 
Flow path and direction for all stormwater conveyance sections, including time of travel and time of concentration applicable to each;
[i] 
Watershed boundaries used in hydrology determinations to show compliance with performance standards;
[j] 
Lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site;
[k] 
Limits of the one-hundred-year floodplain;
[l] 
Location of public, private, or municipal wells located within 600 feet of proposed stormwater detention, retention, or infiltration basins;
[m] 
Wellhead protection areas covering the project area and delineated pursuant to § NR 811.16, Wis. Adm. Code.
[2] 
Peak flow discharge rates, discharge volumes and pollution loading computations. 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).
(b) 
Post-development site conditions, including:
[1] 
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.
[2] 
Explanation of any restrictions on stormwater BMPs in the development area imposed by wellhead protection plans and ordinances.
[3] 
One or more site maps at a scale of either one inch equals 50 feet or one inch equals 100 feet, whichever is appropriate to the site size, showing the following:
[a] 
Post-construction pervious land use including vegetative cover type and condition;
[b] 
Impervious land use including all buildings, structures, and pavement;
[c] 
Post-construction topographic contours of the site at a scale not to exceed two feet;
[d] 
Post-construction drainage network including enough of the contiguous properties to show runoff patterns onto, through, and from site;
[e] 
Locations and dimensions of drainage easements;
[f] 
Locations of maintenance easements specified in the maintenance agreement;
[g] 
Flow path and direction for all stormwater conveyance sections, including time of travel and time of concentration applicable to each;
[h] 
Location and type of all stormwater conveyance and treatment BMPs, including the on-site and off-site tributary drainage area;
[i] 
Location and type of conveyance system that will carry runoff from the drainage and treatment practices to the nearest adequate outlet such as curbed street, storm drain, or natural drainageway;
[j] 
Watershed boundaries used in hydrology and pollutant loading calculations;
[k] 
Any changes to lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site.
[4] 
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. The geographic areas used in making the calculations shall be clearly cross-referenced to the required map(s).
[5] 
Computation of the inches of initial runoff that will be infiltrated across the site in comparison to the requirements set forth in § 266-7D.
[6] 
Results of investigations of soils and groundwater required for the placement and design of stormwater management measures.
[7] 
Results of impact assessments on wetland functional values.
[8] 
Design computations and all applicable assumptions for the storm sewer system.
[9] 
Design computations and all applicable assumptions for stormwater quality practices as needed to show that practices are appropriately sized to meet the performance standards of this chapter.
[10] 
Detailed drawings including cross-sections and profiles of all permanent stormwater conveyance and treatment practices.
(c) 
A description and installation schedule for the stormwater BMPs needed to meet the performance standards in § 266-7.
(d) 
A maintenance plan developed for the life of each stormwater BMP including the required maintenance activities and maintenance activity schedule.
(e) 
Cost estimates for the construction, operation, and maintenance of each stormwater BMP.
(f) 
Assessment of possible threats to public safety posed by planned stormwater management BMPs and risk minimization provisions.
(g) 
Other information requested in writing by the Agency to determine compliance of the proposed stormwater BMPs with the provisions of this chapter.
(2) 
All site investigations, plans, designs, computations, and drawings shall be prepared in accordance with accepted engineering practices and requirements of this chapter.
(3) 
Drainage easements.
(a) 
Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights-of-way, perpetual unobstructed easements with a minimum width of 30 feet for such drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Drainage easements for pipes shall have a minimum width of 20 feet. Drainage easements shall extend from the road to a natural watercourse or to other drainage facilities.
(b) 
When a proposed drainage system will carry water across private land outside the project area, appropriate drainage rights must be secured and filed with the county register of deeds. Drainage shall be designed to avoid concentration of storm and drainage water, emanating from a lot, upon any adjacent lot.
(c) 
The applicant shall either dedicate to the public as parkland or a drainage easement the land on both sides of existing watercourses, to a distance to be determined by the Agency, and also dedicate proposed and natural retention and detention basins.
(4) 
Alternative requirements. The Agency may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 266-5C(1) of this chapter.
(5) 
Regional stormwater management plans. In lieu of submitting a preliminary or final stormwater management plan for an individual site, an applicant may submit documentation of the following:
(a) 
A regional stormwater management plan, that includes the entire area of the proposed land development activity, that was prepared in accordance with the requirements of § 266-8D and the regional stormwater management planning guidelines adopted by the Agency.
(b) 
A registered professional engineer's certification that all regional BMPs planned to convey and manage the runoff from the area of the proposed land development have been constructed in accordance with the performance standards and specifications under § 266-7. For regional facilities built, owned, or maintained by a city, Village, or town, certification from that entity shall be sufficient to meet the requirements of this subsection.
(c) 
Documentation that there is an entity legally obligated to operate and maintain the stormwater management facility.
E. 
Maintenance agreement. The maintenance agreement required under § 266-8C(1)(a) for stormwater management BMPs shall be an agreement between the Agency and the permittee to provide for maintenance of stormwater BMPs beyond the duration period of a permit. The maintenance agreement shall be recorded, at the permittee's expense, with the County of Rock Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of land served by the stormwater management BMPs. The maintenance agreement shall contain the following information and provisions:
(1) 
Identification of the stormwater facilities and designations of the drainage area served by the facilities;
(2) 
A schedule for regular maintenance of each element of the stormwater management system consistent with the stormwater management plan;
(3) 
Identification of the responsible person(s) or organization responsible for long term maintenance of the stormwater management BMPs identified in the stormwater plan;
(4) 
Requirements that the responsible person(s) or organization shall maintain stormwater management BMPs in accordance with the schedule included in Subsection E(2);
(5) 
Authorization for the Agency to access the property to conduct inspections of stormwater BMPs as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement.
(6) 
Procedures requiring the Agency to maintain public records of the results of site inspections; to inform the landowner responsible for maintenance of the inspection results and to specify any corrective actions required to bring the stormwater management BMPs into proper working condition.
(7) 
Procedures requiring the Agency to notify the responsible party designated under the maintenance agreement of maintenance problems which require correction and that the specified corrective actions shall be completed within a maximum of 45 working days after notification.
(8) 
An agreement authorizing the Agency to perform the corrective actions identified in the inspection report if the responsible party does not complete the required corrections within a maximum of 45 working days of notification and providing that the Agency shall enter the amount due on the tax roll and collect such amount as a special charge against the property pursuant to Subchapter VII of Chapter 66, Wis. Stats.
F. 
Evaluation and approval of applications. Within three working days of receipt, the Agency shall review applications to insure they are complete. Any application found to be incomplete shall be returned to the applicant for completion. Upon receiving a complete application, the Agency shall use the following approval/disapproval procedure:
(1) 
Completed applications will be evaluated for compliance with the requirements of this chapter. Other governmental departments or agencies may be consulted during application evaluation.
(2) 
Additional substantive information may be requested from the applicant to better evaluate the application.
(3) 
Within 20 working days from the receipt of a complete permit application, or 20 working days from the receipt of additional information requested in accordance with Subsection F(2), whichever is later, the applicant shall be informed whether the application has been approved or disapproved. The Agency shall base the decision on the requirements of this chapter.
(4) 
Within 20 working days from the receipt of a complete waiver application, or 20 working days from the receipt of additional information requested in accordance with Subsection F(2), whichever is later, the applicant shall be informed whether the application has been approved or disapproved. In making its decision, the Agency shall consider the recommendations of the Technical Review Committee and shall base its decision on the requirements of this chapter.
(5) 
Failure to inform an applicant of a decision within the applicable time specified in Subsection F(3) or (4), unless extended by mutual agreement, shall constitute approval of the application. If the application was for a permit, the applicant may then proceed in accordance with the provisions of the submitted plan, including any waivers requested in accordance with § 266-5C(1).
(6) 
If the application is approved, the Agency shall issue the permit or waiver.
(7) 
An application for a permit may be approved with conditions determined by the Agency to be necessary in order to meet the requirements of this chapter.
(8) 
If the application is disapproved, the Agency shall notify the applicant by certified mail and provide a written statement of the reasons for disapproval.
(9) 
If the application is disapproved, or if the applicant does not agree with the permit conditions, the applicant may request a review by the Technical Review Committee. This request must be made in writing within 30 calendar days from the date of mailing of the Agency decision. The schedule and procedure for a request for a waiver, described in Subsection F(4) above, will be followed for this review.
G. 
Permit conditions. All permits issued under this chapter shall be subject to the following conditions, and holders of permits issued under this chapter shall be deemed to have accepted these conditions. The Agency may suspend or revoke a permit for violation of a permit condition, following written notification provided to the permit holder. Suspension or revocation of a permit by the Agency may be appealed in accordance with § 266-11. Permits issued under this section may include other conditions established by the Agency in addition to any measures required to meet the performance standards in § 266-7 or a financial guarantee as provided for in Subsection K. Compliance with a permit does not relieve the permit holder of the responsibility to comply with other applicable federal, state and local laws and regulations. All permits shall require the permit holder to:
(1) 
Design and install all structural and nonstructural stormwater BMPs in accordance with the approved stormwater management plan and other permit requirements;
(2) 
Notify the Agency within two working days before beginning any work in conjunction with the stormwater management plan, and upon completion of the stormwater BMPs. If required as a special condition, the permit holder shall make additional notifications according to a schedule set forth by the Agency so that practice installations can be inspected during construction;
(3) 
Certify, "as built," all BMP installations required in order to comply with this chapter. Completed stormwater BMPs must pass a final inspection by the Agency to determine if they are in accordance with the approved stormwater management plan and this chapter. The Agency shall notify the permit holder in writing of any changes required in such BMPs to bring them into compliance with the conditions of a permit;
(4) 
Maintain all stormwater BMPs in accordance with the stormwater management plan until they either become the responsibility of the Village, or are transferred to subsequent private owners as specified in the approved maintenance agreement;
(5) 
Authorize the Agency to perform any work or operations necessary to bring stormwater management measures into compliance with the approved stormwater management plan;
(6) 
Consent to a special assessment or charge against the property as authorized under Subchapter VII of Chapter 66, Wis. Stats., for costs incurred under Subsection G(5), or to the charging of such costs against the financial guarantee posted under Subsection K;
(7) 
Repair, at the permit holder's own expense, all damage to adjoining municipal facilities and drainageways caused by stormwater runoff, where such damage results from a failure to comply with the approved stormwater management plan, if so directed by the Agency;
(8) 
Make appropriate legal arrangements with adjacent property owners in order to protect property and to maintain public safety where site development or redevelopment involves changes in direction or increases in peak rate and/or total volume of runoff from of a site.
H. 
Permit modifications at the permit holder's request. The permit holder must obtain permission from the Agency prior to modifying an approved plan. Plans, or portions thereof, drawn or approved by a professional engineer, surveyor, or landscape architect, must be amended to show that the author has approved the modifications. Such modifications must be shown as amendments on the copy of the plan kept by the permit holder.
I. 
Permit modifications at the agency's request. If the BMPs implemented as part of the approved plan are determined by the Agency to be inadequate to meet the performance standards of this chapter, the Agency may modify the plan after consultation with the permit holder. Such modifications shall be provided to the permit holder in writing and shall be shown as amendments on the copy of the plan kept by the permit holder. The permit holder shall implement these modifications according to a timetable incorporated in the modifications.
J. 
Site visits.
(1) 
If land-disturbing construction activities are being conducted without a permit required by this chapter, a representative of the Agency may enter the land upon which the activities are being conducted pursuant to the provisions of § 66.0119(1), (2) and (3), Wis. Stats., to obtain information necessary to undertake enforcement and to assess penalties as provided by § 266-10 of this chapter.
(2) 
The Agency shall inspect each construction site for which a permit has been issued under this chapter at least once every 30 calendar days during the period starting March 1 and ending October 31, and at least twice during the period starting November 1 and ending February 28, to ensure compliance with the provisions of the permit.
(3) 
The Agency shall conduct a final site inspection within 15 working days after receiving notification from the permit holder that the stormwater management measures, including facilities and other BMPs, described in the Stormwater Permit Application and Stormwater Management Plan have been completed and are available for inspection. Upon completion of such inspection, the Agency shall notify the permit holder as to whether the stormwater management measures, including facilities and other BMPs have been completed in compliance with the permit and Stormwater Management Plan or additional or remedial action is necessary to achieve compliance. Such final inspection shall not preclude the Agency from making further site inspections in order to determine compliance with the maintenance agreement required by this chapter.
(4) 
Site inspections will be conducted at no additional cost to the permit holder, unless during the inspection visit the Agency determines that a remedial action specified in a previously issued notice of noncompliance, as provided for in § 266-10 of this chapter, has not been completed as scheduled. The cost of the site inspection will then be charged to the permit holder, according to the fee schedule provided for in § 266-9.
K. 
Financial guarantee. As a condition for approval and issuance of a permit, the Agency shall require the applicant to submit a financial guarantee, of a kind and in a form acceptable to the Agency.
(1) 
The financial guarantee shall be in an amount determined by the Agency, based on the estimated costs of construction and maintenance of the stormwater BMPs for the period of time during which the designated party in the maintenance agreement has maintenance responsibility.
(2) 
The financial guarantee shall authorize the Agency to use the funds provided by the guarantee to complete the plan if the permit holder defaults, or does not properly implement the required BMPs in accordance with the approved plan. The Agency shall notify the permit holder in writing as provided for in § 266-10 of this chapter.
(3) 
The Agency shall release the portion of the financial guarantee provided under this section, to assure installation of BMPs in accordance with an approved permit, less any costs incurred by the Agency to complete installation of BMPs, upon approval of the "as built" plans. The Agency may make provisions for a partial pro rata release of the financial guarantee based on the completion of various development stages.
(4) 
The Agency shall release the portion of the financial guarantee established to assure the maintenance of stormwater BMPs, less any costs incurred by the Agency, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement.
L. 
Permit duration. Permits issued under this chapter shall be valid for one year or until the Agency notifies the permit holder that all stormwater BMPs have passed the final inspection required in § 266-8J(3). After one year, permits shall be renewed monthly until all stormwater BMPs have passed final inspection. The Agency may require additional BMPs as a condition of the extension if necessary to meet the requirements of this chapter. In the event land-disturbing construction activities do not begin within two years after the issuing of a permit, the permit shall become void.
A. 
The Footville Village Board, as part of the annual budget, shall determine the fees referenced in other sections of this chapter.
B. 
Fees paid under this section shall be established so as to recover the approximate amount of the Agency's costs of administrating the provisions of this chapter, including applicant consultations, application evaluation and approval, permit holder consultations and site inspections.
C. 
All fees shall be doubled if work is started before a permit is issued. Such doubled fees shall not release the applicant from the obligation to comply fully with this chapter nor from prosecution for any violation of this chapter.
A. 
All land-disturbing construction activities to which this chapter applies shall be conducted in accordance with all of its provisions and any such activities not so conducted shall be deemed a violation for which enforcement remedies may be imposed including, but not limited to, the assessment of a forfeiture as provided for herein.
B. 
Every violation of this chapter is a public nuisance. In order to enforce this chapter, the Village of Footville may seek any remedy, whether legal or equitable, provided by law, including, but not limited to, injunctive relief. Any such remedy may be sought in conjunction with any other remedy as may be allowed by law, or separately, or in the alternative, as the Village may determine.
C. 
The Agency shall notify the permit holder 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 required to correct the violation, a schedule for such remedial action, and any additional enforcement action that may be taken. Noncomplying activities include, but are not limited to:
(1) 
Any land-disturbing construction activity or post-construction runoff regulated under this chapter being undertaken or occurring without a permit or waiver;
(2) 
Failure to implement a stormwater management plan or to comply with a maintenance agreement;
(3) 
Failure to comply with the conditions of a permit.
D. 
Upon receipt of written notice from the Agency under Subsection C(1), the permit holder shall comply with the remedial actions described in the notice.
E. 
Upon receipt of written notice from the Agency under Subsection C(2) or (3), the permit holder shall correct work that does not comply with the plan, or other provisions of the permit as necessary to meet the specifications and schedule set forth in the notice.
F. 
If a permit holder does not comply with the provisions of a notice of noncompliance, the Agency may revoke the permit.
G. 
If noncompliance with this chapter is determined by the Agency as likely to result in damage to adjacent property, public facilities, or waters of the state, the Agency may post a stop-work order at the time of notification.
H. 
If the permit holder does not comply with the provisions of a notice of noncompliance, or violates a stop-work order, the Agency may request the Village Attorney to obtain a cease-and-desist order in any court with jurisdiction.
I. 
Any permit revocation, stop-work order, or cease-and-desist order shall remain in effect unless retracted by the Agency, Board of Adjustment, or by a court with jurisdiction.
J. 
If noncompliance with this chapter is determined by the Agency as likely to result in damage to adjacent property, public facilities, or waters of the state, the Agency may issue to the permit holder or landowner a notice of intent to perform specific work necessary to comply with the requirements of an approved plan, or to protect property, public facilities, or waters of the state.
K. 
After five working days from issuing the notice of intent, the Agency may enter upon the land and perform work, or other operations necessary to bring the condition of said land into compliance with an approved plan, or to protect adjacent property, public facilities, or waters of the state.
(1) 
The Agency shall keep a detailed account of the costs and expenses of performing the work. These costs, plus legal and staff expenses incurred by the Village, shall be charged to the owner of title of the property.
(2) 
In the event a permit holder or landowner fails to pay the amount due, the amount shall be deducted from any financial guarantee provided pursuant to § 266-8K of this chapter. Where such a financial guarantee has not been provided, or is insufficient to cover these costs and expenses, the amount thereof shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon pursuant to Subchapter VII of Chapter 66, Wis. Stats., for the year in which the work is completed.
L. 
Upon the receipt of assurances deemed sufficient by the Agency, the permit holder may be authorized by the Agency to resume responsibility for the BMPs upon which work has been performed by the Agency under Subsection K.
M. 
Any person, firm, association, or corporation violating any of the provisions of this chapter shall be subject to a forfeiture of not less than $500, nor more than $5,000, and the costs of prosecution, including staff time, per offense. Each day a violation exists shall constitute a separate offense.
A. 
Board of Appeals. The Board of Appeals of the Village of Footville, created pursuant to Chapter 370, Zoning, of the Village of Footville Code, functioning in accordance with § 62.23(7)(e), Wis. Stats.:
(1) 
Shall hear and decide appeals where it is alleged that there is an error in any order, decision, or determination made by the Agency in administering this chapter, except for cease-and-desist orders obtained under § 266-10H;
(2) 
Shall act pursuant to the rules, procedures, duties, and powers authorized by statute, in hearing and deciding appeals and authorizing variances; and
(3) 
Upon appeal, may authorize variances from the provisions of this chapter that are not contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship.
B. 
Who may appeal. Any applicant, permittee, or landowner may appeal within 30 calendar days of the date of any order, decision, or determination made by the Agency in administering this chapter, affecting a site in which such person has an interest.
If a court of competent jurisdiction determines any section, clause, provision, or portion of this chapter to be unconstitutional or invalid, the remainder of the chapter shall remain in force and unaffected.
As used in this chapter, the following terms shall have the meanings indicated:
AGENCY
The Village Engineer or such designee of the Village Engineer as may be authorized by the Village Board.
AGRICULTURAL FACILITY
A structure associated with an agricultural practice.
AGRICULTURAL PRACTICE
Beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; grazing; livestock raising; orchards; poultry raising; raising of grain, grass, mint, and seed crops; raising of fruits, nuts and berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 U.S.C. §§ 3831 to 3835; and vegetable raising.
APPLICATION REVIEW FEE
Money paid to Village of Footville by the permit applicant for recouping the expenses incurred by it in administering the provisions of this chapter.
AVERAGE ANNUAL RAINFALL
A calendar year of precipitation, excluding snow, which is considered typical.
BANK EROSION
The removal of soil particles from a bank slope primarily caused by water action, such as fluctuations in water volume and velocity, but also by climatic conditions, ice and debris, chemical reactions, and changes in land and stream use.
BEST MANAGEMENT PRACTICE or BMP
Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize the amounts of sediment or pollutants carried in runoff to waters of the state.
CEASE-AND-DESIST ORDER
A court-issued order to halt land-disturbing construction activity that is being conducted without the required permit, or in violation of the terms of a 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.
CONSTRUCTION SITE
An area upon which one or more land-disturbing construction activities are occurring, 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.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.
DETENTION BASIN
A type of stormwater basin that has a direct outlet and serves to reduce water velocity and volumes by releasing water at designed flow rates to temporarily detain water flows.
DEVELOPMENT
Residential, commercial, industrial, or institutional land uses and associated roads.
DISCHARGE VOLUME
The quantity of runoff discharged from the land surface as the result of a rainfall event.
DIVISION OF LAND
The division of an existing lot or land parcel; the creation of a condominium unit; division of an interest in real property (including land for a public facility) by the owner thereof for the purpose of sale or building development.
DNR
The Wisconsin Department of Natural Resources.
EFFECTIVE INFILTRATION AREA
The area of the infiltration system that is used to infiltrate runoff not including 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 a first, second, or third-class city, or within 1.5 miles of a fourth-class city or Village.
FINAL SITE STABILIZATION
A condition where all land-disturbing construction activities at the construction site have been completed and a uniform, perennial vegetative cover has been established with a density of at least 70% of the cover for the unpaved areas and areas not covered by permanent structures, or that involves equivalent permanent stabilization measures.
FINANCIAL GUARANTEE
A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantee submitted to the Agency by a permit holder to assure that measures required by this chapter are carried out in compliance with a stormwater management plan.
HYDROLOGIC SOIL GROUP
A group of soils having similar runoff potential under the same storm and cover conditions. Major hydrologic soil groups are group A for sand, loamy sand or sandy loam; group B for silt loam or loam; group C for sandy clay loam; group D for clay loam, silty clay loam, sandy clay, silty clay or clay.
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 surfaces 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 BASIN
A type of stormwater basin that has no direct outlet and empties mainly by infiltration of water into the soil.
INFILTRATION SYSTEM
A device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, not including natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or road side 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 for groundwater, and may include caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs, seeps or swallets.
KETTLE
A naturally occurring, glacially derived, depression with no surface water outlet, commonly identified by internal tick marks on contour maps.
LAND DEVELOPMENT ACTIVITY
Any construction or residential or other urban or suburban development resulting from the conversion of previously undeveloped land or land used for agriculture.
LAND-DISTURBING CONSTRUCTION ACTIVITY
Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative and 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, but is not limited to, clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities, but does not include agricultural land use or silviculture activities.
LAND REDEVELOPMENT ACTIVITY
Development that is replacing older development.
LAND USER
Any person operating upon, leasing, or renting land, or having made any other arrangements with the landowner by which the person engages in uses of land that are subject to this chapter.
LANDOWNER
Person holding title to or having an interest in a parcel of land that includes a site subject to this chapter.
MAINTENANCE AGREEMENT
A legal document which provides for long-term maintenance of stormwater management BMPs that is recorded with the County of Rock Register of Deeds as a property deed restriction, so that it is binding upon all subsequent owners of land served by the stormwater management BMPs.
MAXIMUM EXTENT PRACTICABLE
A level of implementing BMPs 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. "Maximum extent practicable" allows flexibility in the means used to meet 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 land used for agriculture.
NONRESIDENTIAL DEVELOPMENT
Development that is not residential including the following land uses: commercial, industrial, government and institutional, recreation, transportation, communication, and utilities.
NONSTRUCTURAL STORMWATER MANAGEMENT MEASURE
A practice, technique, or measure intended to reduce the volume, peak flow rate, or pollutants in stormwater that does not require the design or installation of structural stormwater management facilities.
NRCS
The Natural Resources Conservation Service, a division of the United States Department of Agriculture.
OFF-SITE
Located outside the property boundary described in a permit application for land development or land redevelopment activity.
ON-SITE
Located within the property boundary described in a permit application for land development or land redevelopment activity.
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.
PEAK FLOW DISCHARGE RATE
The maximum volume of stormwater discharged during a specific unit of time.
PERCENT FINES
The percentage of a given sample of soil that passes through a #200 sieve.
PERFORMANCE STANDARD
A narrative or measurable quantity specifying the minimum acceptable outcome for a facility or practice.
PERMIT
A written authorization issued by the Agency to an applicant for the conduct of land-disturbing construction activity or the discharge of post-construction runoff to waters of the state.
PERVIOUS SURFACE
An area that releases as runoff a small portion of the rainfall that falls on it. Lawns, gardens, parks, forests, or other similar vegetated areas are examples of surfaces that typically are pervious.
PLANNING AND DEVELOPMENT COMMITTEE
To the extent used in this chapter, the Village Board of the Village of Footville.
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
POST-CONSTRUCTION
Following the completion of land-disturbing construction activity and final site stabilization.
POST-CONSTRUCTION STORMWATER RUNOFF DISCHARGE
Any stormwater discharged from a site following the completion of land-disturbing construction activity and final site stabilization.
POST-DEVELOPMENT SITE CONDITION
The extent and distribution of land cover types anticipated to occur under conditions of full development that will influence rainfall runoff and infiltration.
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.
PRETREATMENT
The treatment of stormwater prior to its discharge to the primary stormwater treatment practice in order to reduce pollutant loads to a level compatible with the capability of the primary practice.
PREVENTIVE ACTION LIMIT
Has the meaning given in § NR 140.05(17), Wis. Adm. Code.
QUASI-PUBLIC
Essentially public, as in services rendered, although under private ownership or control.
RECONSTRUCTION
Has the meaning given in § 84.013(1)(c), Wis. Stats.
REDEVELOPMENT
Areas where development is replacing older development.
RESIDENTIAL DEVELOPMENT
That which is created to house people, including residential dwellings as well as all attendant portions of the development including lawns, driveways, sidewalks, garages, and access streets. This type of development includes single family, multifamily, apartments, and trailer parks.
RESPONSIBLE PARTY
Any entity holding fee title to the property or other person obligated by contract or other agreement to implement and maintain post-construction stormwater BMPs.
RESURFACING
Has the meaning given in § 84.013(1)(d), Wis. Stats.
RETENTION BASIN
A type of stormwater basin that has no direct outlet and empties by infiltration or evaporation.
RUNOFF
Stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
RUNOFF CURVE NUMBER
A parameter that combines effects of soils, watershed characteristics and land use to estimate the amount of runoff from land surfaces.
SEDIMENTATION BASIN
A type of stormwater basin for the purpose of capturing and retaining any sedimentation flowing off of sites as a result of land developing or land-disturbing construction activities.
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.
SHORELAND OVERLAY DISTRICT
An area within 1,000 feet of the ordinary high water mark of navigable lakes, ponds or flowages, or within 300 feet of the ordinary high water mark of navigable rivers or streams, or to the landward of the floodplain, whichever distance is greater.
SITE
The entire area included in the legal description of the land described in a permit application on which land-disturbing construction activity is proposed to take place or has occurred.
SITE INSPECTION
An in-person observation of the site by the Agency to determine compliance with this chapter.
SITE RESTRICTION
Any physical characteristic that limits the use of a stormwater BMP or management measure.
SOURCE AREA
A type of land use from which stormwater pollutants are generated during periods of snowmelt and rainfall runoff. Source areas include rooftops, sidewalks, driveways, parking lots, storage areas, streets and lawns.
STOP-WORK ORDER
An order issued by the Agency that requires that all construction activity on the site be stopped.
STORMWATER
Precipitation runoff, snowmelt runoff, surface runoff, and drainage.
STORMWATER BASIN
A catchment, created artificially, for the purposes of retaining, detaining, or infiltrating stormwater. A stormwater basin may also be designed to collect sedimentation.
STORMWATER MANAGEMENT PLAN
A Comprehensive Plan designed to reduce runoff and the discharge of pollutants from stormwater after a site has undergone final stabilization following the completion of construction activity.
STORMWATER MANAGEMENT SYSTEM PLAN
A Comprehensive Plan designed to reduce runoff and the discharge of pollutants from hydrologic units on a regional or municipal scale.
STORMWATER SYSTEM
Waters of the state, drainage swales, stormwater basins, storm sewers and pipes, storm drains, pumps and lift stations, roads with drainage systems, streets, curbs, gutters, ditches, constructed channels, culverts and all other appurtenances now and hereafter existing, used or useful in connection with the collection, control, transportation, treatment, or discharge of stormwater.
STRUCTURAL STORMWATER MANAGEMENT MEASURE
Source area BMPs, conveyance measures, and end-of-pipe treatment that are designed to control stormwater runoff pollutant loads, discharge volumes, and peak flow discharge rates.
TECHNICAL REVIEW COMMITTEE
One or more individuals, as may be selected by the Village Engineer, to advise and assist the engineer in performing his/her duties as provided for in this chapter.
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.
TR-55
The National Resources 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 and 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 and are regulated by the Wisconsin Department of Natural Resources pursuant to § 281.33, Wis. Stats.
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
All lakes, bays, rivers, streams, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private within Wisconsin, or its jurisdiction.
WETLAND FUNCTIONAL VALUE
The type, quality, and significance of the ecological and cultural benefits provided by wetland resources, such as: flood storage, water quality protection, groundwater recharge and discharge, shoreline protection, fish and wildlife habitat, floral diversity, aesthetics, recreation, and education.
WETLANDS
An area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions. These wetlands include natural, mitigation, and restored wetlands.
WORKING DAY
Monday, Tuesday, Wednesday, Thursday, or Friday, excluding any such day officially observed by the Village as a legal holiday.