(1) 
This ordinance is adopted by the Common Council under the authority granted by s. 62.234 Wis. Stats. This ordinance supersedes all provisions of an ordinance previously enacted under s. 62.23 Wis. Stats., that relate to storm water management regulations.
The Common Council finds that uncontrolled, 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, drainage ways, and other 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; and
(8) 
Aggravate excessive infiltration and inflow of water into sanitary sewer connections during peak storm events causing the conveyance system to surcharge, overflow or backup into basements.
[Amended 6-7-2016 by Ord. No. 2016-2218]
It is the purpose of this Division to establish long-term, post-construction runoff management requirements that will diminish the threats to public health, safety, welfare, and the aquatic environment by integrating local, state, and federal storm water quantity and quality standards. This Division implements the Milwaukee Metropolitan Sewerage District (MMSD) rules on release rates for development creating more than a de minimis amount of new impervious surface to reduce the probability of increased regional floods as the metropolitan area approaches full build-out forecast for 2050. It also incorporates Wisconsin Department of Natural Resources quantity and quality requirements as found in NR 151, Wis. Adm. Code.
[Amended 6-7-2016 by Ord. No. 2016-2218]
(1) 
The water quality management duties apply to property development disturbing one or more acres and the water quantity management duties apply to development disturbing one or more acres or increasing impervious surface by one-half acre or more, unless the site is exempt under paragraph (2) or (3).
Note: The one acre land disturbance threshold is consistent with state and federal laws regarding applicability of construction site erosion control permits. The half-acre or more of new impervious surface is the MMSD criteria.
(2) 
A site meeting any one of the following criteria is exempt from storm water quality requirements:
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 fiberoptic lines. This exemption does not apply to the construction of any above-ground structures associated with utility construction.
(3) 
Water quantity management duties do not apply for:
a. 
Residential infill where the lot is five acres or less, the development is exclusively residential, the net increase in the area of impervious surface is less than 10% of the area of the site, and each boundary of the site is contiguous to: sites that contain earlier development served by sanitary sewers, streets, or public water supply when the governmental unit receives the plans for the new development or parkland; or other public land, a utility right-of-way, or a watercourse; or,
b. 
Sites where the area of impervious surface after development will be 5% or less of the total area of the site;
c. 
Recreational trails if the trail is less than or equal to 10 feet in width and has a continuous pervious buffer at least 5 feet wide on each side, disregarding interruption by streets, driveways, or other impervious surfaces crossing the trail. [; or]
d. 
Notwithstanding the applicability requirements in paragraph (1), this ordinance applies to post-construction sites of any size that, in the opinion of the City Engineer or designee, is likely to result in runoff that exceeds the capacity of the existing drainage facilities or the level of flooding protection in a watercourse that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter, or that endangers property or public safety.
(4) 
Comity. State agencies should design and incorporate best management practices for surface water quality and storm water quantity management for new impervious surfaces. The runoff management techniques should be the same as flood abatement plans and techniques utilized by local governments in the watershed. The lead agency preparing an environmental assessment for a federal or state project should identify the mitigating runoff management techniques to prevent increases in peak flood flows from new impervious areas.
Note: See Trans 400 (Environmental Assessment) and Trans 401 (2003 revisions to conform with NR 151 standards). Wisconsin Department of Transportation (WisDOT) and Wis. DNR have a jurisdictional memorandum of understanding per § 281.33 (2), Wis. Stats., limited to management of pollutants in storm water. Trans 401 is narrowly tailed to BMPs for pollution abatement and design criteria for transportation projects. Neither DNR nor DOT rules address post-construction peak runoff and flooding in fully urbanized areas, but each agency's environmental assessment should consider the impacts of new impervious surfaces and the technical and economically feasible alternatives to mitigate the adverse impacts. More stringent local storm water management requirements for peak runoff do not conflict with the state policy on controlling pollutants discharged from storm water point sources. The state rules address different adverse impacts of storm water runoff based on different probabilities and storm intensity. Finally, Trans 401 allows a de minimis exemption from water quality BMPs for highway improvements of less than 1.5 miles and widening of a roadbed by less than 100 feet. Chapter 13 of MMSD Rules and this local ordinance do not treat impervious highways any different than other impervious surfaces. The same threshold of one-half acre or more of new impervious surface for purposes of water quantity BMPs applies.
[Amended 6-7-2016 by Ord. No. 2016-2218]
(1) 
ADEQUATE SOD, OR SELF-SUSTAINING VEGETATIVE COVER — Maintenance of sufficient vegetation types and densities such that the physical integrity of the streambank or lakeshore is preserved. Self-sustaining vegetative cover includes grasses, forbs, sedges and duff layers of fallen leaves and woody debris.
(2) 
ADMINISTERING AUTHORITY — A governmental employee under s. 62.234, Wis. Stats., designated by the Common Council to administer this ordinance.
(3) 
AGRICULTURAL FACILITIES AND PRACTICES — Has the meaning given in s. 281.16, Wis. Stats.
(4) 
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.
(5) 
AVERAGE ANNUAL RAINFALL — A calendar year of precipitation, excluding snow, which is considered typical.
(6) 
BEST MANAGEMENT PRACTICE or BMP — Structural or non-structural measures, practices, techniques or devices employed to:
a. 
Avoid or minimize sediment or pollutants carried in runoff to waters of the state or
b. 
Manage the rate or volume of runoff.
(7) 
BUSINESS DAY — A day the office of the City Engineer is routinely and customarily open for business.
(8) 
CEASE AND DESIST ORDER — A court-issued order to halt land disturbing construction activity that is being conducted without the required permit.
(9) 
COMBINED SEWER SYSTEM — A system for conveying both sanitary sewage and storm water runoff.
(10) 
CONNECTED IMPERVIOUSNESS — An impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious flow path.
(11) 
CRITICAL TIME — The period starting at the time of peak rainfall intensity with a duration equal to the time of concentration of the watershed.
(12) 
DESIGN STORM — A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.
(13) 
DEVELOPMENT — Residential, commercial, industrial, or institutional land uses and associated roads.
(14) 
DIRECT CONDUITS TO GROUNDWATER — Wells, sinkholes, swallets, fractured bedrock at the surface, mine shafts, non-metallic mines, tile inlets discharging to groundwater, quarries, or depressional groundwater recharge areas over shallow fractured bedrock.
(15) 
DIVISION OF LAND — Where the title or part thereof of land is transferred by the execution of a land contract, an option-to-purchase, an offer-to-purchase and acceptance, a deed, a Subdivision Plat, or a Certified Survey Map.
(16) 
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.
(17) 
EROSION — The detachment and movement of soil, sediment or rock fragments by water, wind, ice, or gravity.
(18) 
EXCEPTIONAL RESOURCE WATERS — Waters listed in s. NR 102.11, Wis. Adm. Code.
(19) 
FILTERING LAYER — Soil that has at least a three-foot deep layer with at least 20 percent fines; or at least a five-foot deep layer with at least 10 percent fines; or an engineered soil with an equivalent level of protection as determined by the regulatory authority for the site.
(20) 
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.
(21) 
FINANCIAL GUARANTEE — A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the City Attorney by the responsible party to assure that requirements of the ordinance are carried out in compliance with the storm water management plan.
(22) 
GOVERNING BODY — Common Council.
(23) 
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, gravel or paved parking lots and streets are examples of areas that typically are impervious.
(24) 
IN-FILL AREA — An undeveloped area of land located within existing development.
(25) 
INFILTRATION — The entry of precipitation or runoff into or through the soil.
(26) 
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 road side channels designed for conveyance and pollutant removal only.
(27) 
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.
(28) 
LAND DISTURBING CONSTRUCTION ACTIVITY — Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative 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.
(29) 
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 storm water BMPs on the property.
(30) 
MAINTENANCE AGREEMENT — A legal document that provides for long-term maintenance of storm water management practices.
(31) 
MEP or MAXIMUM EXTENT PRACTICABLE — A level of implementing best management practices in order to achieve a performance standard specified in this ordinance 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.
(32) 
NEW DEVELOPMENT — Development resulting from the conversion of previously undeveloped land or agricultural land uses.
(33) 
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.
(34) 
OFF-SITE — Located outside the property boundary described in the permit application.
(35) 
ON-SITE — Located within the property boundary described in the permit application.
(36) 
ORDINARY HIGH-WATER MARK — Has the meaning given in s. NR 115.03(6), Wis. Adm. Code.
(37) 
OUTSTANDING RESOURCE WATERS — Waters listed in s. NR 102.10, Wis. Adm. Code.
(38) 
PERCENT FINES — The percentage of a given sample of soil which passes through a #200 sieve.
Note: Percent fines can be determined using the "American Society for Testing and Materials," volume 04.02, "Test Method C117-95 Standard Test Method for Materials Finer than 75-um (No. 200) Sieve in Material Aggregates by Washing." Copies can be obtained by contacting the American Society for Testing and Materials, 100 Barr Harbor Drive, Conshohocken, PA 19428-2959, or phone 610-832-9585, or on line at: http://www.astm.org.
(39) 
PERFORMANCE STANDARD — A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
(40) 
PERMIT — A written authorization made by the City Engineer to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.
(41) 
PERMIT ADMINISTRATION FEE — A sum of money paid to the City Engineer by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.
(42) 
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.
(43) 
POLLUTANT — Has the meaning given in s. 283.01(13), Wis. Stats.
(44) 
POLLUTION — Has the meaning given in s. 281.01(10), Wis. Stats.
(45) 
POST-CONSTRUCTION SITE — A construction site following the completion of land disturbing construction activity and final site stabilization.
(46) 
PRE-DEVELOPMENT 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.
(47) 
PREVENTIVE ACTION LIMIT — Has the meaning given in s. NR 140.05(17), Wis. Adm. Code.
(48) 
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.
(49) 
RECREATIONAL TRAIL — A path that is:
a. 
Distinctly set apart from a roadway, street, or sidewalk;
b. 
Designed for activities such as jogging, walking, hiking, bird-watching, bicycle riding, roller skating, or similar recreational activities not involving the use of motorized vehicles; and
c. 
Not a sidewalk according to sec. 340.01(58), Wis. Stats.
(50) 
REDEVELOPMENT — New construction, modification, or replacement of older development.
(51) 
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 storm water BMPs.
(52) 
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 storm water treatment device or system; and
d. 
Discharges directly or indirectly to waters of the state.
(53) 
SHORE BUFFER — All of that land area located within 75 feet landward of the ordinary high water mark of all ponds, streams, lakes, and navigable waters (as determined by the Wisconsin Department of Natural Resources) and parallel to that ordinary high water mark, which is to remain undisturbed as a Natural Resource Feature (including undisturbed natural vegetation). Shore buffers do not include any area of land adjacent to any stream enclosed within a drainage structure, such as a pipe or culvert. The area of shore buffers (in square feet and acres) shall be measured and graphically delineated on the "Natural Resource Protection Plan." A shore buffer is also a setback.
(54) 
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.
(55) 
SITE — The entire area included in the legal description of the land on which the land disturbing construction activity occurred.
(56) 
STOP WORK ORDER — An order issued by the City Engineer or Building Inspector which requires that all construction activity on the site be stopped.
(57) 
STORM WATER MANAGEMENT PLAN — A comprehensive plan designed to reduce the discharge of pollutants from storm water after the site has under gone final stabilization following completion of the construction activity.
(58) 
STORM WATER MANAGEMENT SYSTEM PLAN — A comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.
(59) 
TECHNICAL STANDARD — A document that specifies design, predicted performance, and operation and maintenance specifications for a material, device, or method.
(60) 
TIME OF CONCENTRATION — Time required for a drop of water to travel from the most hydrologically remote point in the watershed to the point of collection.
(61) 
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.
(62) 
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.
(63) 
TP-40 — Technical Paper No. 40, Rainfall Frequency Atlas of the United States, published in 1961.
(64) 
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.
(65) 
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 s. 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 s. 281.33, Wis. Stats.
(66) 
TSS — Total suspended solids.
(67) 
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.
(68) 
WATER QUALITY MANAGEMENT — The storm water standards and duties established under the Clean Water Act, 33 U.S.C. 1251 et seq., parallel state law regulating the discharge of pollutants, and implementing regulations.
(69) 
WATER QUANTITY MANAGEMENT — Storm water duties and practices to abate peaks flood flows during regional storm events pursuant to Chapter 13 of the Milwaukee Metropolitan Sewerage District rules as implemented and enforced by this municipality.
(70) 
WATERS OF THE STATE — Has the meaning given in s. 283.01(20), Wis. Stats.
[Added 6-7-2016 by Ord. No. 2016-2218]
Maximum extent practicable applies when a person who is subject to a performance standard of this ordinance demonstrates to the City 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.
The following methods shall be used in designing the water quality; peak flow shaving and infiltration components of storm water practices needed to meet the requirements of this Ordinance:
(1) 
Technical standards identified, developed or disseminated by the Wisconsin Department of Natural Resources under subchapter V of chapter 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 City Engineer.[1]
[1]
Editor’s Note: Former Subsection (3), which stated that the most recent rainfall data available from the Southeastern Wisconsin Regional Planning Commission or more protective data shall be the basis for the analyses required by this Ordinance, and which immediately followed this subsection, was repealed 6-7-2016 by Ord. No. 2016-2218.
[Amended 6-7-2016 by Ord. No. 2016-2218; 6-6-2017 by Ord. No. 2017-2274]
(1) 
Responsible Party. The responsible party shall implement a post-construction storm water management plan that incorporates the requirements of this section.
(2) 
Plan. A written storm water quality and quantity management plan in accordance with Section 15-8.0609 shall be developed and implemented for each post-construction site.
(3) 
Maintenance of Effort. For redevelopment sites where the redevelopment will be replacing older development that was subject to post-construction performance standards of NR 151 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 ordinance, whichever is more stringent.
(4) 
Requirements. The water quality and quantity plan required under subd. (2) shall include the following:
(a) 
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:
1. 
For new and in-fill developments, 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 subdivision.
2. 
For redevelopment, by design, reduce to the maximum extent practicable, the total suspended solids load from parking areas and roads 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 subdivision.
3. 
Maximum Extent Practicable. If the design cannot meet a total suspended solids reduction performance standard of subs. 1. to 2, the storm water management plan shall include a written, site-specific explanation of why the total suspended solids reduction performance standard cannot be met and why the total suspended solids load will be reduced only to the maximum extent practicable.
Note: Pollutant loading models such as DETPOND, WinSLAMM, P8, or equivalent methodology may be used to evaluate the efficiency of the design in reducing total suspended solids. Use the most recent version of the model and the rainfall files and other parameter files identified for Wisconsin users unless directed otherwise.
4. 
Off-Site Drainage. When designing BMPs, runoff draining to the BMP from offsite 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.
(b) 
Water Quantity and Management of Peak Runoff.
1. 
BMPs shall manage the volume, timing, and peak flow rate of runoff to prevent increases in the regional flood and stream bank erosion rates.
2. 
These BMPs may be implemented on either a watershed basis or an individual site basis.
3. 
When implemented on a watershed basis, the BMPs implemented at a particular site shall comply with the findings of the relevant local or regional storm water management plan, rather than subs. 6 and 7.
4. 
By design, BMPs shall be employed to maintain or reduce the 1-year, 24-hour post-construction peak runoff discharge rate to the 1-year, 24-hour pre-development peak runoff discharge rate, or to the maximum extent practicable.
5. 
By design, BMPs shall be employed to meet both of the following for the 2-year, 24-hour storm:
a. 
Maintain or reduce the 2-year, 24-hour post-construction peak runoff discharge rate to the 2-year, twenty-four-hour pre-development peak runoff discharge rate, or to the maximum extent practicable (per City of Franklin), and
b. 
Achieve a maximum runoff release rate of 0.15 cubic feet per second per acre or utilize the volumetric design procedure to limit post-development runoff volumes to existing condition runoff volumes during the critical time period (per MMSD).
6. 
By design, BMPs shall be employed to maintain or reduce the 10-year, 24-hour post-construction peak runoff discharge rate to the 10-year, 24-hour pre-development peak runoff discharge rate, or to the maximum extent practicable.
7. 
By design, BMPs shall be employed to meet the both of the following for the 100-year, 24-hour storm:
a. 
Maintain or reduce the 100-year, 24-hour post-construction peak runoff discharge rate to the 100-year, 24 hour pre-development peak runoff discharge rate, or to the maximum extent practicable (per City of Franklin), and
b. 
The stricter of the following (per MMSD):
i. 
Achieve a maximum runoff release rate of 0.5 cubic feet per second per acre or utilize the volumetric design procedure to limit post- development runoff volumes to existing condition runoff volumes during the critical time period, or
ii. 
A rate determined for the individual site that distributes runoff over the critical time sufficient to comply with sub. 1.
Note: § 13.11(3)(b)(2), MMSD Rules, permits an individual site exemption from the 0.5 cfs release rate if an analysis shows that the runoff will be distributed over the critical time (a defined term) so as not to reduce the level of protection downstream.
8. 
The runoff curve numbers in Table 1 shall be used to represent the actual pre- development conditions. Peak discharges shall be calculated using TR-55 runoff curve number methodology, Atlas 14 precipitation depths, and the appropriate NRCS Wisconsin MSE3 or MSE4 precipitation distribution. On a case-by-case basis, the City Engineer may allow the use of TP-40 precipitation depths and the Type II distribution.
Note: The Natural Resources Conservation Service (NRCS) — Wisconsin has calculated county-specific Atlas 14 precipitation depths and they are to be used in combination with the appropriate NRCS MSE3 or MSE4 precipitation distribution. The NRCS calculated county-specific Atlas 14 precipitation depths and MSE3 and MSE4 precipitation distributions are available at:
http://www.nrcs.usda.gov/wps/portal/nrcs/detail/wi/technical/engineering/ci d=nrcs142p2_025417.
Table 1. Maximum Pre-Development Runoff Curve Numbers
Runoff Curve Number
Hydrologic Soil Group
A
B
C
D
Woodland
30
55
70
77
Grassland
39
61
71
78
Cropland
55
69
78
83
Note: Where the pre-development condition is a combination of woodland, grassland, or cropland, the runoff curve number should be pro-rated by area.
9. 
All storm sewers shall at a minimum be designed to carry the peak flows from a 10-year, 24-hour design storm using planned land use for the entire contributing watershed. All storm sewers shall be designed in accordance with applicable City standards and specifications. The City Engineer may require conveyance of a larger recurrence interval storm for heavily traveled roadways and areas where the City Engineer determines that an added level of protection is needed.
10. 
This subsection of the ordinance does not apply to any of the following:
a. 
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.
b. 
An in-fill development area less than five acres.
[Amended 6-7-2016 by Ord. No. 2016-2218]
(1) 
Permit Required. No responsible party may undertake a land disturbing construction activity without receiving a post-construction runoff permit from the City Engineer prior to commencing the proposed activity and that all provisions of Division 15-4.0100 are complied with.
(2) 
Prior to Permit Application. All Storm Water Management Plans shall be submitted at the time of site plan review or as a condition of approval as required under Section 15-8.0112, and as applicable under Sections 15-7.0103 (P) and 15-7.0501 (J), and shall receive complete review with written letter of approval from the City Engineer and all pertaining State, Federal, and Local approving authorities to assure that all proposed design standards meet the requirements of the City Storm Water Management Plan, and further that as-built will be in compliance of Sections 15-4.0100. Any Plats or CSM's receiving contingent Storm Water Management Plan approval shall submit said letters of written approval with the Permit Application before a permit may be granted.
(3) 
Permit Application and Fees. Any responsible party desiring a permit shall submit to the City Engineer a permit application made on a form provided by the City Engineer for that purpose.
(a) 
Unless specifically excepted, a permit application must be accompanied by a storm water management plan, a maintenance agreement, and a non-refundable permit administration fee.
(b) 
The storm water management plan shall be prepared to meet the requirements of Sections 15-8.0607 and 15-8.0609, the maintenance agreement shall be prepared to meet the requirements of Section 15-8.0610, the financial guarantee shall meet the requirements of Section 15-8.0611, and fees shall be those established by the Common Council as set forth in Section 15-8.0612.
(4) 
Review and Approval of Permit Application. The City Engineer shall review any permit application that is submitted with a storm water management plan, maintenance agreement, and the required fee, as follows:
(a) 
Within 20 business days of the receipt of a complete permit application, including all items as required by subd. (2), the City Engineer shall inform the applicant whether the application, plan, and maintenance agreement are approved or disapproved based on the requirements of this ordinance.
(b) 
If the storm water permit application, plan, and maintenance agreement are approved, or if an agreed upon payment of fees in lieu of storm water management practices is made, the City Engineer shall issue the permit.
(c) 
If the storm water permit application, plan, or maintenance agreement is disapproved, the City Engineer shall detail in writing the reasons for disapproval.
(d) 
The City Engineer may request additional information from the applicant. If additional information is submitted, the City 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) 
Permit Requirements. All permits issued under this ordinance shall be subject to the following conditions, and holders of permits issued under this ordinance shall be deemed to have accepted these conditions. The City Engineer may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the City Engineer to suspend or revoke this permit may be appealed in accordance with Section 15-8.0614.
(a) 
The responsible party shall design and install all structural or identify non-structural storm water management measures, or both, in accordance with the approved storm water management plan and this permit.
(b) 
The responsible party shall notify the City Engineer at least two business days before commencing any work in conjunction with the storm water management plan, and within five business days upon completion of the storm water management practices. If required as a special condition under subd. (5), the responsible party shall make additional notification according to a schedule set forth by the City Engineer so that practice installations can be inspected during construction.
(c) 
Practice installations required as part of this ordinance shall be certified "as-built" or "record" drawings by a licensed professional engineer. All depth and size requirements shall be considered a minimum. Completed storm water management practices must pass a final inspection by the City Engineer or its designee to determine if they are in accordance with the approved storm water management plan and ordinance. The City 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.
(d) 
The responsible party shall maintain all storm water management practices until the responsibility is transferred to the City of Franklin, or subsequent private owners as specified in the approved maintenance agreement.
(e) 
The responsible party authorizes the City Engineer to perform, to delegate, or to take any work or operations necessary to bring storm water management measures into conformance with the approved storm water 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 15-8.0611.
(f) 
If so directed by the City Engineer, the responsible party shall repair at the responsible party's own expense all damage to adjoining municipal facilities, private property, drainage ways, and natural resources caused by runoff, where such damage is caused by activities that are not in compliance with the approved storm water management plan.
(g) 
The responsible party shall permit property access to the City Engineer or its designee for the purpose of inspecting the property for compliance with the approved storm water management plan and this permit.
(h) 
Where site development or redevelopment involves changes in direction or increases in the peak rate or the total volume of runoff, the City 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.
(6) 
Permit Conditions. Permits issued under this subsection may include reasonable and necessary conditions established by the City Engineer in addition to the requirements needed to meet the performance standards in 15-8.0607 or a financial guarantee as provided for in 15-8.0611.
Note: "Reasonable and necessary" is the § 283.63(1), Wis. Stats., standard for permit conditions and duties in Clean Water Act permits.
(7) 
Permit Duration. Permits issued under this section shall be valid from the date of issuance through the date the City Engineer notifies the responsible party that all storm water management practices have passed the final inspection required under subd. (5)(c) not to exceed one year in duration.
[Amended 6-7-2016 by Ord. No. 2016-2218]
(1) 
Plan Requirements. In addition to the requirements of 15-8.0112 the following items are required. The storm water management plan required under 15-8.0607(2) shall contain at a minimum the following information:
(a) 
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 storm water management practices; and person(s) responsible for maintenance of storm water management practices 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 U.S. Public Land Survey system or to block and lot numbers within a recorded land subdivision plat.
(c) 
Pre-Development Site Conditions. A description of the existing conditions of the site, including:
1. 
A topographic and cadastral map of the site at a scale of one inch equals 100 feet or larger,
2. 
The hydrologic and hydraulic characteristics of the site including drainage flow paths and directions of flow onto, through, and out of the site; related drainage basin boundaries, including off-site tributary areas; times of concentration,
3. 
The location of areas where storm water may collect or percolate into the ground,
4. 
Locations where runoff enters the site from adjacent tributary areas together with the size of those areas, expressed in acres,
5. 
Locations where runoff leaves the site and the contributing watersheds to each of these locations, expressed in acres,
6. 
One-year (per Wisconsin Department of Natural Resources), two-year (per WDNR and MMSD), and 100-year (per MMSD) pre-development runoff rates at each location where runoff leaves the site, expressed in cubic feet per second,
7. 
Ground water elevations,
8. 
Soils by hydrologic group,
9. 
Cover type and condition,
10. 
Location and extent of impervious surfaces, including cover type (genus and species name) and condition of the surfaces,
11. 
Locations and outlines of all buildings or other structures,
12. 
Location of all natural resource features as identified in Table 15-4.0100,
13. 
Information regarding current water quality objectives and current water quality conditions in any intermittent and perennial watercourses located on or within 100 feet of the site,
14. 
Locations, sizes, and elevations of all existing storm sewers, channels, ditches, detention or retention ponds, or other engineered drainage facilities on or within 100 feet of the site, and,
15. 
Locations of any existing water supply wells and wellhead protection areas.
(d) 
Post-Development Site Conditions, describing the alterations proposed at to the site and the resulting proposed post-development 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,
2. 
Explanation of any restrictions on storm water management measures in the development area imposed by wellhead protection plans and ordinances,
3. 
Proposed changes in the planimetry of the site, and in the topography of the site by contours having the same contour interval and referred to the same datum as used to present the topography of the existing site conditions,
4. 
The location and outline of all proposed buildings or other structures,
5. 
Changes in the location, extent and type of impervious surfaces,
6. 
The location, type, and extent of areas where vegetation is to be disturbed or planted,
7. 
Impacts on existing natural storage or infiltration areas,
8. 
Changes in the drainage flow paths into, through, and out of the site, and related changes in drainage basin boundaries,
9. 
The location, elevations, and sizes of all proposed minor and major storm water management facilities; the former including all storm sewers and inlets, the latter including curbed roadways, roadway ditches, culverts, interconnected flow paths, storage facilities, water retention and detention structures, infiltration/biofiltration basins, and other green infrastructure.
10. 
One-year (per Wisconsin Department of Natural Resources), two-year (per WDNR and MMSD), and 100-year (per MMSD) post-development runoff rates at each location where runoff leaves the site, expressed in cubic feet per second,
11. 
Any changes to lakes, streams, watercourses, or wetlands on or within 100 feet of the site, and,
12. 
The location and widths of required public rights-of-way or easements needed to accommodate the recommended Storm Water management facilities.
(e) 
Proposed Storm Water Management Facilities and Measures. A definitive description of the proposed storm water management facilities and measures for the control of the quantity and quality of the anticipated storm water runoff from the proposed development, redevelopment, or land division. The description of the proposed management facilities shall include:
1. 
For storm water quantity and quality control facilities: locations, areas, depths, volumes, inlet and outlet configurations (and elevation of the bottoms), and of key inlet and outlet control structures;
2. 
In the design of the storm water quantity and quality control facilities, consideration shall be given to access for maintenance purposes. If possible the facilities should be located adjacent to public property. If it is not possible to locate the facilities adjacent to public property an access easement shall be granted with explicit language such that the abutting property owners shall be aware that the easement is for access to the facilities for maintenance purposes;
3. 
For conveyance facilities: locations of inlets and manholes and associated rim and invert elevations, and pipe sizes, slope, and materials; locations, elevations, and cross sections of ditches, swales, and channels; and culvert sizes and inlet and outlet configurations and elevations;
4. 
Design computations and all applicable assumptions for the storm water conveyance (open channel, closed pipe, etc.) system;
5. 
Detailed drawings including cross-sections and profiles of all permanent storm water conveyance and treatment practices;
6. 
Design computations/models and all applicable assumptions for storm water quantity and quality facilities and practices;
7. 
Measures to abate any potential pollution of surface and ground waters;
8. 
A schedule for the construction of the required storm water management facilities and estimates of attendant capital and operation and maintenance costs;
9. 
A maintenance plan developed for the life of each storm water management practice, including the designated and reserved maintenance access route(s), required maintenance activities, and maintenance schedule;
10. 
A landscaping plan in accordance with "The City of Franklin Unified Development Ordinance — Pond Landscaping Guidelines as defined in Appendix "F" of the City of Franklin Storm Water Management update — December 2002; and
11. 
Other information as needed by the City to determine compliance of the proposed storm water management measures with the provision of this Section.
(f) 
A description and installation schedule for the storm water management practices needed to meet the performance standards in Section 15-8.0607.
(g) 
A maintenance plan developed for the life of each storm water management practice including the required maintenance activities and maintenance activity schedule.
(h) 
Cost estimates for the construction, operation, and maintenance of each storm water management practice.
(i) 
Other information requested in writing by the City Engineer to determine compliance of the proposed storm water management measures with the provisions of this ordinance.
(j) 
All site investigations, plans, designs, computations, and drawings shall be certified by a licensed professional engineer and be prepared in accordance with accepted engineering practice and requirements of this ordinance.
(2) 
Alternate Requirements. The City Engineer may prescribe alternative submittal requirements for applicants seeking an exemption to on-site storm water management performance standards under 15-8.0607(6)(e).[1]
[1]
Editor's Note: Said subsection was superseded 6-6-2017 by Ord. No. 2017-2274.
[Amended 6-7-2016 by Ord. No. 2016-2218]
(1) 
Maintenance Agreement Required. The maintenance agreement required under 15-8.0608(3) for storm water management practices shall be an agreement between the Common Council and the responsible party to provide for maintenance of storm water 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 storm water management practices. The development agreement may serve as the maintenance agreement.
(2) 
Agreement Provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by 15-8.0609(1)(g):
(a) 
Identification of the storm water facilities and designation of the drainage area served by the facilities.
(b) 
A schedule for regular maintenance of each aspect of the storm water management system consistent with the storm water management plan required under 15-8.0608(3). The schedule and required maintenance activities shall conform to the requirements as given in the Storm Water Post-Construction Technical Standards prepared by the Wisconsin Department of Natural Resources, as amended. At a minimum, all storm water quantity and quality control facilities shall be inspected once per year by the responsible party and the inspection report submitted to the City Engineer.
(c) 
Identification of the responsible party(ies), organization or city, county, town, or village responsible for long-term maintenance of the storm water management practices identified in the storm water management plan required under 15-8.0608(3).
(d) 
Requirement that the responsible part(ies), organization, or city shall maintain storm water management practices in accordance with the schedule included in subd. (b).
(e) 
Authorization for the City Engineer, its designee, and the Milwaukee Metropolitan Sewerage District to access the property to conduct inspections of storm water management practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement.
(f) 
Agreement that the party designated under subd. (c), as responsible for long term maintenance of the storm water management practices, shall be notified by the City Engineer of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the City Engineer.
(g) 
Authorization of the City Engineer to perform the corrected actions identified in the inspection report if the responsible party designated under subd. (c) does not make the required corrections in the specified time period. The City 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.
(3) 
Pond Maintenance Guidelines.
Trees and Brush
Trees and brush may be permitted on slope surfaces or berms.
Stump Removal and Sprout Prevention
Stumps of trees should be removed so vegetation can be established and the surface mowed. Stumps can either be removed by pulling or with machines that grind them down. All woody material should be removed to about 6 inches below the ground surface. The cavity should be filled with well-compacted soil and grass vegetation established.
Stumps of trees in riprap areas that cannot usually be easily pulled or ground down can be chemically treated so they will not continually form new sprouts. Certain herbicides are effective for this purpose and can even be used near water supply reservoirs if applied by licensed personnel. These products should be painted, not sprayed, on the stumps. Other instructions found on the label should be strictly followed when handling and applying these materials. Only a few commercially available chemicals can be used along shorelines or near water.
Landscaping
Vegetation shall be examined regularly, at least twice a year during the first two growing seasons. Stunted growth of pond vegetation or growth and excessive invasive species indicate that increased maintenance and intervention will be necessary.
Native landscaping prairie area shall be managed by hand removal for invasives during the first 2-3 years of the growing season in order to become well established. Burning, cutting, or selective herbicide for management of invasives and woody species should take place as needed on a two-year cycle after the third growing season. Emergent and submergent vegetation around the perimeter of the pond areas shall be inspected annually and any non-native and invasive species be removed. Herbicides should not be used near open water areas.
Structural Inspection and Maintenance
After construction and site grading are complete, the pond should be checked by the City Engineer for correct design depth and volume. If sediment has deposited during construction or site grading, the pond shall be re-excavated.
The annual inspection by the City Engineer and/or maintenance of the following items shall include inspection of:
•
Pond inlets and outlets for structural integrity and blockage,
•
Riprap at pipe and culvert outlets for placement, integrity, and effectiveness,
•
Inspection of berms for cracks, excessive settlement, or seepage.
Sediment Removal (Dredging)
This component includes monitoring of the levels of the sediment on an annual basis. When the sediment in the forebay (or the main basin) reaches a depth of two feet, the material shall be removed so that the original volume of the permanent pool is maintained. In general, pond dredging is expected to occur once every 10 to 15 years. The following practices help ensure dredging is not warranted prematurely:
•
Construction site erosion control,
•
As-built survey of the pond at time of completion,
•
Successful re-vegetation and/or restoration of pond surroundings.
Nuisance Waterfowl Control
Nuisance waterfowl control is generally achieved through the use of upland or shoreland buffers consisting of un-mowed tall vegetation. The buffer zone can be mowed in the early summer of the second full growing season. Refer to Appendix "F" of the City of Franklin Storm Water Management Plan Update dated December 2002 by Bonestroo, Rosene, Anderlik and Associates.
(4) 
Constructed Wetlands.
In some situations, a sedimentation basin followed by a natural wetland buffer (to act as a pre-filter to a natural wetland), a restored wetland, or a constructed wetland "can" be an effective means of removing some suspended solids, nutrients, and other potential pollutants from storm water runoff. The primary function of the sedimentation basin is, as already noted, to remove buoyant debris and suspended solids and the related potential pollutants. Storm water then passes into the restored or constructed wetland where physical (e.g., settling) and biological (e.g., nutrient uptake by vegetation) processes remove additional potential pollutants. The restored or constructed wetland offers opportunities to develop wildlife habitat, education (e.g., self-guided tours), and aesthetic benefits.
In addition to regular maintenance activities, several design features can be incorporated to ease the maintenance of restored or constructed wetlands. One potential maintenance concern in restored or constructed wetlands is clogging of the outlet. Restored or constructed wetlands should be designed with a non-clogging outlet such as a reverse-slope pipe, or a weir outlet with a trash rack. A reverse-slope pipe draws from below the micropool extending in a reverse angle up to the riser and establishes the water elevation of the micropool. Because these outlets draw water from below the level of the micropool, they are less likely to be clogged by floating debris.
Restored or constructed wetlands should incorporate design features that make sediment cleanouts of both the forebay and the shallow pool easier. Restored or constructed wetlands should have direct maintenance access to the forebay to allow this relatively routine (five to seven year) sediment cleanouts. In addition, the shallow pool should generally have a drain to draw down the restored or constructed wetland for the more infrequent dredging of the main cell of the restored or constructed wetland.
In general, the introduction of natural features in constructed wet detention basins will not only increase pollutant removal capacity, but also result in a new water body that can potentially come to offer wildlife habitat values. In order to help this process, the wet detention ponds must be specially designed to have the appropriate geometry, location, size, and vegetation. Such facilities are called constructed wetlands and have been shown to be effective, successful, and reliable in the long run.
Because of their natural appearance, water quality benefits, and need for minimum maintenance, constructed wetlands are preferred and should be encouraged whenever appropriate and/or possible. However, it should be noted that storm water wetlands are designed specifically for the purpose of treating storm water runoff, and typically have less biodiversity than natural wetlands both in terms of plant and animal life.
(5) 
Bioretention Facilities.
Bioretention areas are landscaping features adapted to treat storm water runoff on the development site. They are commonly located in parking lot islands or within small pockets in residential land uses. Surface runoff is directed into shallow, landscaped depressions. These depressions are designed to incorporate many of the pollutant removal mechanisms that operate in forested ecosystems. Runoff from larger storms is generally diverted past the facility to the storm drain system or another BMP. The remaining runoff filters through a prepared or amended soil mixture which acts as a pollutant removal system. When underlying soils are not conducive to infiltration the filtered runoff is collected in a perforated underdrain and sent to the storm drain system.
Bioretention systems can be applied to a wide range of development. Bioretention can be applied in many climate and geologic situations, with some minor design modifications. In cold climates, bioretention areas can be used as a snow storage area. When used for this purpose, or if used to treat parking lot runoff, the bioretention area should be planted with salt-tolerant and non-woody plant species, and the composition of the soil mixture should be designed specifically to accommodate this purpose. Wisconsin Department of Natural Resources Storm Water Post-Construction Technical Standard No. 1004, Bioretention for Infiltration, may be used as a reference for design, operation and maintenance of these facilities.
(6) 
Forebays (Pre-Settlement Basins).
Pre-settlement basins or forebays consist of additional storage space located near a storm water practice inlet that serves to trap incoming coarse sediments before they accumulate in the main treatment area. In general, the surface area of the forebay is typically about 10% of the volume of the main pool.
The forebay is designed to settle out coarse sediment particles before they reach the main pool. By trapping these sediments in the forebay, it is possible to greatly reduce the maintenance burden of the pond. Coarse sediments are trapped in the forebay, and these sediments are removed from the smaller pool on a five to seven year cycle.
It is recommended that wet detention ponds or constructed wetlands with a total main pool area of greater than 0.5 acres should have a forebay area to create an additional level of sediment removal and maintenance reduction.
(7) 
Miscellaneous Maintenance.
Debris and Obstructions
It is important to regularly remove any accumulation of debris, which may act to block the primary outlet, the trash rack leading into the outlet pipe, or the outlet pipe itself. If any of these items become obstructed, a rise in the pond level could occur, creating undue stress and endangering the slopes and berms. In addition, debris can promote deterioration of the slopes through abrasive actions.
Animal Burrows
Animal burrows provide a seepage path for water through the berms. Concentrated seepage can result in slope failure. All burrows should be filled in with soil or grout, topped, and seeded for erosion protection and live trapped and removed if necessary.
Riprap
Maintenance of riprap areas should be relatively minor. Any displaced riprap should be replaced. This may be occurring near the water surface, when ice accumulation can move riprap.
Riprap is placed over geotextile fabric. Roots from vegetation may act to compromise this fabric, thereby reducing its effectiveness. Therefore, all vegetation in riprap areas should be removed using methods described in subd. (3).
(1) 
Establishment of the Guarantee. The Common Council may require the submittal of a financial guarantee; the form and type of which shall be acceptable to the City Attorney. The financial guarantee shall be in an amount determined by the City Engineer to be the estimated cost of construction and the estimated cost of maintenance of the storm water management practices during the period which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the City Engineer, upon approval by the Common Council, the authorization to use the funds to complete the storm water management practices if the responsible party defaults or does not properly implement the approved storm water management plan, upon written notice to the responsible party by the administering authority that the requirements of this ordinance have not been met.
(2) 
Conditions for Release. Conditions for the release of the financial guarantee are as follows:
(a) 
The Common Council shall release the portion of the financial guarantee established under this section, less any costs incurred by the City Engineer to complete installation of practices, upon submission of "as built plans" by a licensed professional engineer. The City Engineer may make provisions for a partial pro-rata release of the financial guarantee based on the completion of various development stages.
(b) 
The Common Council shall release the portion of the financial guarantee established under this section to assure maintenance of storm water practices, less any costs incurred by the City 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 ordinance shall be established by the Common Council and may from time to time be modified by resolution. A schedule of the fees established by the Common Council shall be available for review in Office of the City Clerk.
(1) 
Any land disturbing construction activity or post-construction runoff initiated after the effective date of this ordinance by any person subject to the ordinance provisions shall be deemed a violation unless conducted in accordance with the requirements of this ordinance.
(2) 
The City Engineer shall notify the responsible party of any non-complying 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, or additional enforcement action which may be taken. Any technique that effectively provides actual and verifiable notice may be used.
(3) 
If the violations are likely to result in damage to properties, public facilities, or waters of the state, the City Engineer may enter the land and take corrective actions necessary to prevent such damage. The costs incurred by the City Engineer plus interest and legal costs shall be paid by the responsible party.
(4) 
If the City Engineer determines that any person is in violation of this ordinance or a Storm Water permit, the City Engineer or Building Inspector may issue a notice of violation, a stop work order, a cease and desist order, or revoke the permit, or refer the noncompliance to the City Attorney] for civil enforcement, penalties, injunctive orders or other appropriate relief.
(5) 
Every violation of this ordinance is a public nuisance. Any person who violates this ordinance shall be subject to a forfeiture of not less than $100 or more than $2,500 per offense, together with the costs of prosecution. Each day each violation continues shall constitute a separate offense.
Note: Injunctive orders are authorized pursuant to § 62.23, Wis. Stats.
[Amended 6-7-2016 by Ord. No. 2016-2218]
(6) 
When the City Engineer determines that the holder of a permit issued pursuant to this ordinance has failed to follow practices, or has failed to comply with schedules in a storm water management plan, the City Engineer or a party designated by the City Engineer may enter upon the land and take required action to see the work is performed as necessary to bring the condition of said lands into conformance with requirements of the approved plan. The City 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 § 15-8.0611 of this Ordinance. 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.
[Amended 6-7-2016 by Ord. No. 2016-2218]
(1) 
Appeals. The Board of Zoning and Building Appeals, created pursuant to section 15-10.0200 of the City of Franklin Uniform Development Ordinance and authorized by § 62.23 (7)(e), Wis. Stats., shall hear and decide appeals where it is alleged that there is error in any order, decision, or determination made by the City Engineer under or in the administration of the regulations set forth in this Division. The Board of Zoning and Building Appeals may affirm, reverse or modify any such order, decision or determination upon written appeal to it, and its reasonable application of the terms and provisions of this Division and any applicable terms and provisions of the Municipal Code and Unified Development Ordinance to the facts of such appeal. Any appeal from any order, decision, or determination made by the Board of Zoning and Building Appeals under or in the administration of the regulations set forth in this Division shall be by way of certiorari to the Milwaukee County Circuit Court. Any appeal aforesaid shall be made within 30 days of the date of the making of the order, decision or determination appealed from. The Board of Zoning and Building Appeals may authorize variances that are not contrary to the public interest, and where owing to special conditions unique to the property, a literal enforcement would be an unnecessary hardship, and only where the literal enforcement of the terms of this Division would result in no reasonable use of the property. Any uncertainty by Staff as to which process should be followed (appeal or variance) upon an application shall be determined by the City Attorney.
(2) 
Who May Appeal. Appeals as set forth under Sub, (1) above may be taken by any aggrieved person or by an officer, department or board of the City of Franklin affected by any decision of the City Engineer or the Board of Zoning and Building Appeals.
The City of Franklin Storm Water Management Plan, as amended, shall be incorporated into this Ordinance by reference.