[HISTORY: Adopted by the Village Board of the Village of
Fredonia as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Title 15, Ch. 4, of the 1995 Code; amended in
its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A.
This article is adopted under the authority granted to villages by
§ 61.354, Wis. Stats. This article supersedes all provisions
of an ordinance previously enacted under § 61.354, Wis.
Stats., that relate to construction site erosion control.
B.
The provisions of this article are deemed not to limit any other
lawful regulatory powers of the Village Board.
C.
The Village Board hereby designates the Director of Public Works
to administer and enforce the provisions of this article.
D.
The requirements of this article do not preempt more stringent erosion
and sediment control requirements that may be imposed by any of the
following:
(1)
Wisconsin Department of Natural Resources administrative rules, permits
or approvals, including those authorized under §§ 281.16
and 283.33, Wis. Stats.
(2)
Targeted nonagricultural performance standards promulgated in rules
by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
The Village Board acknowledges that runoff from land-disturbing
construction activity carries a significant amount of sediment and
other pollutants to the waters of the state in the Village of Fredonia.
It is the purpose of this article to maintain safe and healthful
conditions; prevent and control water pollution; prevent and control
soil erosion and sediment discharge; protect spawning grounds, fish
and aquatic life; control building sites, placement of structures
and land uses; preserve ground cover and scenic beauty; and promote
sound economic growth by minimizing the amount of sediment and other
pollutants carried by runoff or discharged from land-disturbing construction
activity to waters of the state in the Village of Fredonia.
A.
Applicability.
(2)
This article does not apply to the following:
(a)
Transportation facilities, except transportation facility construction
projects that are part of a larger common plan of development such
as local roads within a residential or industrial development.
(b)
A construction project that is exempted by federal statutes
or regulations from the requirement to have a national pollutant discharge
elimination system permit issued under 40 CFR Part 122 for land-disturbing
construction activity.
(c)
Nonpoint discharges from agricultural facilities and practices.
(d)
Nonpoint discharges from silviculture activities.
(e)
Routine maintenance for project sites that have less than five
acres of land disturbance if performed to maintain the original line
and grade, hydraulic capacity or original purpose of the facility.
(3)
Notwithstanding the applicability requirements in Subsection A(1), this article applies to construction sites of any size that, as determined by the Director of Public Works, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, or that increases water pollution by scouring or transporting of particulate.
B.
Jurisdiction. This article applies to land-disturbing construction
activity on lands within the boundaries and jurisdiction of the Village
of Fredonia.
C.
Exclusions. This article is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.
As used in this article, the following terms shall have the
meanings indicated:
A governmental employee, empowered under § 61.354
Wis. Stats., that is designated by the Village Board to administer
this article.
Has the meaning in § 281.16(1), Wis. Stats.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the state.
A day the office of the Director of Public Works is routinely
and customarily open for business.
A court-issued order to halt land-disturbing construction
activity that is being conducted without the required permit or in
violation of a permit issued by the Director of Public Works.
An area upon which one or more land-disturbing construction
activities occur, including areas that are part of a larger common
plan of development or sale where multiple separate and distinct land-disturbing
construction activities may be taking place at different times on
different schedules but under one plan. A long-range planning document
that describes separate construction projects, such as a twenty-year
transportation improvement plan, is not a common plan of development.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency
and total depth of rainfall.
The process by which the land's surface is worn away by the
action of wind, water, ice or gravity.
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
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 employ equivalent permanent stabilization measures.
Town Board of Supervisors, County Board of Supervisors, City
Council, Village Board of Trustees or Village Council.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. Land-disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
Any person holding fee title, an easement or other interest
in property, which allows the person to undertake cropping, livestock
management, land-disturbing construction activity or maintenance of
stormwater BMPs on the property.
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this article as determined in accordance with § 266-6 of this article.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Director of Public Works
to the applicant to conduct land-disturbing construction activity
or to discharge post-construction runoff to waters of the state.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
The landowner or any other entity performing services to
meet the requirements of this article through a contract or other
agreement.
Stormwater or precipitation, including rain, snow or ice
melt or similar water that moves on the land surface via sheet or
channelized flow.
Settleable solid material that is transported by runoff,
suspended within runoff or deposited by runoff away from its original
location.
Activities including tree nursery operations, tree harvesting
operations, reforestation, tree thinning, prescribed burning, and
pest and fire control. Clearing and grubbing of an area of a construction
site is not a silviculture activity.
The entire area included in the legal description of the
land on which the land-disturbing construction activity is proposed
in the permit application.
An order issued by the Director of Public Works which requires
that all construction activity on the site be stopped.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
A highway, a railroad, a public mass transit facility, a
public-use airport, a public trail or any other public work for transportation
purposes such as harbor improvements under § 85.095(1)(b),
Wis. Stats. "Transportation facility" does not include building sites
for the construction of public buildings and buildings that are places
of employment that are regulated by the Department pursuant to § 281.33,
Wis. Stats.
Includes those portions of Lake Michigan and Lake Superior
within the boundaries of this state, and all lakes, bays, rivers,
streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses,
drainage systems and other surface water or groundwater, natural or
artificial, public or private, within this state or its jurisdiction.
Maximum extent practicable applies when a person who is subject
to a performance standard of this article demonstrates to the Director
of Public Works' 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.
All BMPs required for compliance with this article shall meet
design criteria, standards and specifications based on any of the
following:
A.
Design guidance and technical standards identified or developed by
the Wisconsin Department of Natural Resources under Subch. V of Ch.
NR 151, Wis. Adm. Code.
B.
Soil loss prediction tools [such as the Universal Soil Loss Equation
(USLE)] when using an appropriate rainfall or runoff factor (also
referred to as the R factor) or an appropriate design storm and precipitation
distribution, and when considering the geographic location of the
site and the period of disturbance.
C.
Technical standards and methods approved by the Director of Public
Works.
A.
Responsible party. The responsible party shall comply with this section.
B.
Erosion and sediment control practices.
(1)
Erosion and sediment control practices at each site where land-disturbing
construction activity is to occur shall be used to prevent or reduce
all of the following:
(a)
The deposition of soil from being tracked onto streets by vehicles.
(b)
The discharge of sediment from disturbed areas into on-site
stormwater inlets.
(c)
The discharge of sediment from disturbed areas into adjacent
waters of the state.
(d)
The discharge of sediment from drainage ways that flow off the
site.
(e)
The discharge of sediment by dewatering activities.
(f)
The discharge of sediment eroding from soil stockpiles existing
for more than seven days.
(g)
The transport by runoff into waters of the state of chemicals,
cement, and other building compounds and materials on the construction
site during the construction period.
(2)
However, projects that require the placement of these materials in
waters of the state, such as constructing bridge footings or BMP installations,
are not prohibited by this subsection.
C.
Location. The BMPs shall be located so that treatment occurs before
runoff enters waters of the state.
D.
Implementation. The BMPs used to comply with this section shall be
implemented as follows:
(1)
Erosion and sediment control practices shall be constructed or installed
before land-disturbing construction activities begin.
(2)
Erosion and sediment control practices shall be maintained until
final stabilization.
(3)
Final stabilization activity shall commence when land-disturbing
activities cease and final grade has been reached on any portion of
the site.
(4)
Temporary stabilization activity shall commence when land-disturbing
activities have temporarily ceased and will not resume for a period
exceeding 14 calendar days.
(5)
BMPs that are no longer necessary for erosion and sediment control
shall be removed by the responsible party.
A.
Responsible party. The responsible party shall comply with this section and implement the erosion and sediment control plan developed in accordance with § 266-11.
B.
Erosion and sediment control plan. A written site-specific erosion and sediment control plan shall be developed in accordance with § 266-11 of this article and implemented for each construction site.
C.
Erosion and other pollutant control requirements. The erosion and sediment control plan required under Subsection B shall include the following:
(1)
Erosion and sediment control practices. Erosion and sediment control
practices at each site where land-disturbing construction activity
is to occur shall be used to prevent or reduce all of the following:
(a)
The deposition of soil from being tracked onto streets by vehicles.
(b)
The discharge of sediment from disturbed areas into on-site
stormwater inlets.
(c)
The discharge of sediment from disturbed areas into adjacent
waters of the state.
(d)
The discharge of sediment from drainage ways that flow off the
site.
(e)
The discharge of sediment by dewatering activities.
(f)
The discharge of sediment eroding from soil stockpiles existing
for more than seven days.
(g)
The discharge of sediment from erosive flows at outlets and
in downstream channels.
(h)
The transport by runoff into waters of the state of chemicals,
cement, and other building compounds and materials on the construction
site during the construction period. However, projects that require
the placement of these materials in waters of the state, such as constructing
bridge footings or BMP installations, are not prohibited by this subsection.
(i)
The transport by runoff into waters of the state of untreated
wash water from vehicle and wheel washing.
(2)
Sediment performance standards. In addition to the erosion and sediment control practices under Subsection C(1), the following erosion and sediment control practices shall be employed:
(a)
BMPs that, by design, discharge no more than five tons per acre
per year, or to the maximum extent practicable, of the sediment load
carried in runoff from initial grading to final stabilization.
(b)
No person shall be required to employ more BMPs than are needed
to meet a performance standard in order to comply with maximum extent
practicable. Erosion and sediment control BMPs may be combined to
meet the requirements of this subsection. Credit may be given toward
meeting the sediment performance standard of this subsection for limiting
the duration or area, or both, of land-disturbing construction activity,
or for other appropriate mechanisms.
(c)
Notwithstanding Subsection C(2)(a), if BMPs cannot be designed and implemented to meet the sediment performance standard, the erosion and sediment control plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.
(3)
Preventive measures. The erosion and sediment control plan shall
incorporate all of the following:
(a)
Maintenance of existing vegetation, especially adjacent to surface
waters whenever possible.
(b)
Minimization of soil compaction and preservation of topsoil.
(c)
Minimization of land-disturbing construction activity on slopes
of 20% or more.
(d)
Development of spill prevention and response procedures.
(4)
Location. The BMPs used to comply with this section shall be located
so that treatment occurs before runoff enters waters of the state.
D.
Implementation. The BMPs used to comply with this section shall be
implemented as follows:
(1)
Erosion and sediment control practices shall be constructed or installed before land-disturbing construction activities begin in accordance with the erosion and sediment control plan developed in Subsection B.
(2)
Erosion and sediment control practices shall be maintained until
final stabilization.
(3)
Final stabilization activity shall commence when land-disturbing
activities cease and final grade has been reached on any portion of
the site.
(4)
Temporary stabilization activity shall commence when land-disturbing
activities have temporarily ceased and will not resume for a period
exceeding 14 calendar days.
(5)
BMPs that are no longer necessary for erosion and sediment control
shall be removed by the responsible party.
A.
Permit required. No responsible party may commence a land-disturbing
construction activity subject to this article without receiving prior
approval of an erosion and sediment control plan for the site and
a permit from the Director of Public Works.
B.
Permit application and fees. The responsible party that will undertake a land-disturbing construction activity subject to this article shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 266-11, and shall pay an application fee to the Director of Public Works in the amount specified in the Village Schedule of Fees.[1] By submitting an application, the applicant is authorizing
the Director of Public Works to enter the site to obtain information
required for the review of the erosion and sediment control plan.
[1]
Editor's Note: The Schedule of Fees is on file in the Village
office.
C.
Permit application review and approval. The Director of Public Works
shall review any permit application that is submitted with an erosion
and sediment control plan, and the required fee. The following approval
procedure shall be used:
(1)
Within 10 business days of the receipt of a complete permit application, as required by Subsection B, the Director of Public Works shall inform the applicant whether the application and erosion and sediment control plan are approved or disapproved based on the requirements of this article.
(2)
If the permit application and erosion and sediment control plan are
approved, the Director of Public Works shall issue the permit.
(3)
If the permit application or erosion and sediment control plan is
disapproved, the Director of Public Works shall state, in writing,
the reasons for disapproval.
(4)
The Director of Public Works may request additional information from
the applicant. If additional information is submitted, the Director
of Public Works shall have 10 business days from the date the additional
information is received to inform the applicant that the erosion and
sediment control plan is either approved or disapproved.
(5)
Failure by the Director of Public Works to inform the permit applicant
of a decision within 10 business days of a required submittal shall
be deemed to mean approval of the submittal and the applicant may
proceed as if a permit had been issued.
D.
Surety bond. As a condition of approval and issuance of the permit,
the Director of Public Works may require the applicant to deposit
a surety bond or irrevocable letter of credit to guarantee a good
faith execution of the approved erosion and sediment control plan
and any permit conditions.
E.
Permit requirements. All permits shall require the responsible party
to:
(1)
Notify the Director of Public Works within 48 hours of commencing
any land-disturbing construction activity.
(2)
Notify the Director of Public Works of completion of any BMPs within
14 days after their installation.
(3)
Obtain permission, in writing, from the Director of Public Works prior to any modification pursuant to § 266-11C of the erosion and sediment control plan.
(4)
Install all BMPs as identified in the approved erosion and sediment
control plan.
(5)
Maintain all road drainage systems, stormwater drainage systems,
BMPs and other facilities identified in the erosion and sediment control
plan.
(6)
Repair any siltation or erosion damage to adjoining surfaces and
drainage ways resulting from land-disturbing construction activities
and document repairs in a site inspection log.
(7)
Inspect the BMPs within 24 hours after each rain of 0.5 inches or
more which results in runoff during active construction periods, and
at least once each week. Make needed repairs and install additional
BMPs as necessary, and document these activities in an inspection
log that also includes the date of inspection, the name of the person
conducting the inspection, and a description of the present phase
of the construction at the site.
(8)
Allow the Director of Public Works to enter the site for the purpose
of inspecting compliance with the erosion and sediment control plan
or for performing any work necessary to bring the site into compliance
with the erosion and sediment control plan. Keep a copy of the erosion
and sediment control plan at the construction site.
G.
Permit duration. Permits issued under this section shall be valid
for a period of 180 days, or the length of the building permit or
other construction authorizations, whichever is longer, from the date
of issuance. The Director of Public Works may grant one or more extensions
not to exceed 180 days cumulatively. The Director of Public Works
may require additional BMPs as a condition of an extension if they
are necessary to meet the requirements of this article.
H.
Maintenance. The responsible party throughout the duration of the
construction activities shall maintain all BMPs necessary to meet
the requirements of this article until the site has undergone final
stabilization.
A.
Erosion and sediment control plan statement. For each construction site identified under § 266-4A(3), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the Director of Public Works. The erosion and sediment control plan statement shall briefly describe the site, the development schedule, and the BMPs that will be used to meet the requirements of the chapter. A site map shall also accompany the erosion and sediment control plan statement.
B.
Erosion and sediment control plan requirements.
(1)
An erosion and sediment control plan shall be prepared and submitted
to the Director of Public Works.
(3)
The erosion and sediment control plan shall address pollution caused
by soil erosion and sedimentation during construction and up to final
stabilization of the site. The erosion and sediment control plan shall
include, at a minimum, the following items:
(a)
Name(s) and address(es) of the owner or developer of the site,
and of any consulting firm retained by the applicant, together with
the name of the applicant's principal contact at such firm. The application
shall also include start and end dates for construction.
(b)
Description of the construction site and the nature of the land-disturbing
construction activity, including representation of the limits of land
disturbance on a United States Geological Service 7.5-minute series
topographic map.
(c)
Description of the intended sequence of major land-disturbing
construction activities for major portions of the construction site,
including stripping and clearing; rough grading; construction of utilities,
infrastructure, and buildings; and final grading and landscaping.
Sequencing shall identify the expected date on which clearing will
begin, the estimated duration of exposure of cleared areas, areas
of clearing, installation of temporary erosion and sediment control
measures, and establishment of permanent vegetation.
(d)
Estimates of the total area of the construction site and the
total area of the construction site that is expected to be disturbed
by land-disturbing construction activities.
(e)
Calculations to show the compliance with the performance standard in § 266-9C(2)(a).
(f)
Existing data describing the surface soil as well as subsoils.
(g)
Depth to groundwater, as indicated by Natural Resources Conservation
Service soil information where available.
(h)
Name of the immediate named receiving water from the United
States Geological Service 7.5-minute series topographic maps.
(4)
The erosion and sediment control plan shall include a site map. The
site map shall include the following items and shall be at a scale
not greater than 100 feet per inch and at a contour interval not to
exceed five feet.
(a)
Existing topography, vegetative cover, natural and engineered
drainage systems, roads and surface waters. Lakes, streams, wetlands,
channels, ditches and other watercourses on and immediately adjacent
to the site shall be shown. Any identified one-hundred-year floodplains,
flood fringes and floodways shall also be shown.
(b)
Boundaries of the construction site.
(c)
Drainage patterns and approximate slopes anticipated after major
grading activities.
(d)
Areas of soil disturbance.
(e)
Location of major structural and nonstructural controls identified
in the erosion and sediment control plan.
(f)
Location of areas where stabilization BMPs will be employed.
(g)
Areas which will be vegetated following land-disturbing construction
activities.
(h)
Area(s) and location(s) of wetland on the construction site,
and locations where stormwater is discharged to a surface water or
wetland within one-quarter mile downstream of the construction site.
(i)
Areas(s) used for infiltration of post-construction stormwater
runoff.
(j)
An alphanumeric or equivalent grid overlying the entire construction
site map.
(5)
Each erosion and sediment control plan shall include a description
of appropriate control BMPs that will be installed and maintained
at the construction site to prevent pollutants from reaching waters
of the state. The erosion and sediment control plan shall clearly
describe the appropriate erosion and sediment control BMPs for each
major land-disturbing construction activity and the timing during
the period of land-disturbing construction activity that the erosion
and sediment control BMPs will be implemented. The description of
erosion and sediment control BMPs shall include, when appropriate,
the following minimum requirements:
(a)
Description of interim and permanent stabilization practices,
including a BMP implementation schedule. The erosion and sediment
control plan shall ensure that existing vegetation is preserved where
attainable and that disturbed portions of the site are stabilized.
(b)
Description of structural practices to divert flow away from
exposed soils, store flows or otherwise limit runoff and the discharge
of pollutants from the site. Unless otherwise specifically approved
in writing by the Director of Public Works, structural measures shall
be installed on upland soils.
(c)
Management of overland flow at all areas of the construction
site, unless otherwise controlled by outfall controls.
(d)
Trapping of sediment in channelized flow.
(e)
Staging land-disturbing construction activities to limit exposed
soil areas subject to erosion.
(f)
Protection of downslope drainage inlets where they occur.
(g)
Minimization of tracking at all vehicle and equipment entry
and exit locations of the construction site.
(h)
Cleanup of off-site sediment deposits.
(i)
Proper disposal of building and waste material.
(j)
Stabilization of drainage ways.
(k)
Installation of permanent stabilization practices as soon as
possible after final grading.
(l)
Minimization of dust to the maximum extent practicable.
(6)
The erosion and sediment control plan shall require that velocity
dissipation devices be placed at discharge locations and along the
length of any outfall channel as necessary to provide a nonerosive
flow from the structure to a watercourse so that the natural physical
and biological characteristics and functions are maintained and protected.
C.
Erosion and sediment control plan amendments. The applicant shall
amend the erosion and sediment control plan if any of the following
occur:
(1)
There is a change in design, construction, operation or maintenance
at the site which has the reasonable potential for the discharge of
pollutants to waters of the state and which has not otherwise been
addressed in the erosion and sediment control plan.
(2)
The actions required by the erosion and sediment control plan fail
to reduce the impacts of pollutants carried by construction site runoff.
(3)
The Director of Public Works notifies the applicant of changes needed
in the erosion and sediment control plan.
The fees referred to in other sections of this article shall
be established by the Director of Public Works and may from time to
time be modified by resolution. A schedule of the fees established
by the Director of Public Works shall be available for review in the
Village office.
If land-disturbing construction activities are occurring without
a permit required by this article, the Director of Public Works may
enter the land pursuant to the provisions of § 66.0119(1),(2),
and (3), Wis. Stats.
A.
The Director of Public Works may post a stop-work order if any of
the following occurs:
B.
If the responsible party does not cease activity as required in a
stop-work order posted under this section or fails to comply with
the erosion and sediment control plan or permit conditions, the Director
of Public Works may revoke the permit.
C.
If the responsible party, where no permit has been issued or the permit has been revoked, does not cease the activity after being notified by the Director of Public Works, or if a responsible party violates a stop-work order posted under Subsection A, the Director of Public Works may request the Village Attorney to obtain a cease-and-desist order in any court with jurisdiction.
E.
After posting a stop-work order under Subsection A, the Director of Public Works may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this article. The Director of Public Works may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the Director of Public Works, plus interest at the rate authorized by the Village Board shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Village Treasurer shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Subch. VII of Ch. 66, Wis. Stats.
[Amended 11-17-2022 by Ord. No. 2022-6]
G.
Compliance with the provisions of this article may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease-and-desist order before resorting
to injunctional proceedings.
A.
Zoning Board of Appeals. The Zoning Board of Appeals, created pursuant to Chapter 19, Article III, of the Village's Code pursuant to § 61.354(4)(b), Wis. Stats.:
(1)
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Director of Public Works in administering this article except for cease-and-desist orders obtained under § 266-14C;
(2)
May authorize, upon appeal, variances from the provisions of this
article which are not contrary to the public interest and where owing
to special conditions a literal enforcement of the provisions of the
ordinance will result in unnecessary hardship; and
(3)
Shall use the rules, procedures, duties and powers authorized by
statute in hearing and deciding appeals and authorizing variances.
B.
Who may appeal. Appeals to the Zoning Board of Appeals may be taken
by any aggrieved person or by any office, department, board, or bureau
of the Village of Fredonia affected by any decision of the Director
of Public Works.
If a court of competent jurisdiction judges any section, clause,
provision or portion of this article unconstitutional or invalid,
the remainder of the article shall remain in force and not be affected
by such judgment.
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
This article is adopted by the Village Board under the authority
granted to villages by § 61.354, Wis. Stats. This article
supersedes all provisions of an ordinance previously enacted under
§ 61.354, Wis. Stats., that relates to stormwater management
regulations.
B.
The provisions of this article are deemed not to limit any other
lawful regulatory powers of the same governing body.
C.
The Village Board hereby designates the Director of Public Works
to administer and enforce the provisions of this article.
D.
The requirements of this article do not preempt more stringent stormwater
management requirements that may be imposed by any of the following:
(1)
Wisconsin Department of Natural Resources administrative rules, permits
or approvals, including those authorized under §§ 281.16
and 283.33, Wis. Stats.
(2)
Targeted nonagricultural performance standards promulgated in rules
by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
The Village Board acknowledges that uncontrolled, post-construction
runoff has a significant impact upon water resources and the health,
safety and general welfare of the community and diminishes the public
enjoyment and use of natural resources. Specifically, uncontrolled
post-construction runoff can:
A.
Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
B.
Diminish the capacity of lakes and streams to support fish, aquatic
life, recreational and water supply uses by increasing pollutant loading
of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
C.
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads.
D.
Reduce the quality of groundwater by increasing pollutant loading.
E.
Threaten public health, safety, property and general welfare by overtaxing
storm sewers, drainage ways, and other minor drainage facilities.
A.
Purpose. The general purpose of this article is to establish long-term,
post-construction runoff management requirements that will diminish
the threats to public health, safety, welfare and the aquatic environment.
Specific purposes are to:
(1)
Further the maintenance of safe and healthful conditions.
(2)
Prevent and control the adverse effects of stormwater; prevent and
control soil erosion; prevent and control water pollution; protect
spawning grounds, fish and aquatic life; control building sites, placement
of structures and land uses; preserve ground cover and scenic beauty;
and promote sound economic growth.
(3)
Control exceedance of the safe capacity of existing drainage facilities
and receiving water bodies; prevent undue channel erosion; and control
increases in the scouring and transportation of particulate matter.
(4)
Minimize the amount of pollutants discharged from the separate storm
sewer to protect the waters of the state.
B.
Intent. It is the intent of the Village Board that this article regulates
post-construction stormwater discharges to waters of the state. This
article may be applied on a site-by-site basis. The Village Board
recognizes, however, that the preferred method of achieving the stormwater
performance standards set forth in this article is through the preparation
and implementation of comprehensive, systems-level stormwater management
plans that cover hydrologic units, such as watersheds, on a municipal
and regional scale. Such plans may prescribe regional stormwater devices,
practices or systems, any of which may be designed to treat runoff
from more than one site prior to discharge to waters of the state.
Where such plans are in conformance with the performance standards
developed under § 281.16, Wis. Stats., for regional stormwater
management measures and have been approved by the Village Board, it
is the intent of this article that the approved stormwater management
plan be used to identify post-construction management measures acceptable
for the community.
A.
Applicability.
(1)
Except as provided under Subsection A(2), this article applies to a post-construction site whereupon one acre or more of land-disturbing construction activity occurs during construction.
(2)
A site that meets any of the criteria in this subsection is exempt
from the requirements of this article:
(a)
A post-construction site with less than 10% connected imperviousness,
based on the area of land disturbance, provided the cumulative area
of all impervious surfaces is less than one acre. However, the exemption
of this subsection does not include exemption from the protective
area standard of this article.
(b)
Agricultural facilities and practices.
(c)
Underground utility construction, but not including the construction
of any above ground structures associated with utility construction.
(3)
Notwithstanding the applicability requirements in Subsection A(1), this article applies to post-construction sites of any size that, as determined by the Director of Public Works, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, causes undue channel erosion, or increases water pollution by scouring or the transportation of particulate matter.
B.
Jurisdiction. This article applies to post-construction sites within
the boundaries and jurisdiction of the Village of Fredonia;
C.
Exclusions. This article is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.
As used in this article, the following terms shall have the
meanings indicated:
Maintenance of sufficient vegetation types and densities
such that the physical integrity of the streambank or lakeshore is
preserved. Self-sustaining vegetative cover includes grasses, forbs,
sedges and duff layers of fallen leaves and woody debris.
A governmental employee that is designated by the Village
Board to administer this article.
Has the meaning given in § 281.16(1), Wis. Stats.
The National Oceanic and Atmospheric Administration (NOAA)
Atlas 14 Precipitation-Frequency Atlas of the United States, Volume
8 (Midwestern States), published in 2013.
A typical calendar year of precipitation as determined by
the Wisconsin Department of Natural Resources for users of models
such as WinSLAMM, P8 or equivalent methodology. The average annual
rainfall is chosen from a department publication for the location
closest to the municipality.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or pollutants carried
in runoff to waters of the state.
A day the office of the Director of Public Works is routinely
and customarily open for business.
A court-issued order to halt land-disturbing construction
activity that is being conducted without the required permit or in
violation of a permit issued by the Director of Public Works.
A system for conveying both sanitary sewage and stormwater
runoff.
An impervious surface connected to the waters of the state
via a separate storm sewer, an impervious flow path, or a minimally
pervious flow path.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency
and total depth of rainfall.
Residential, commercial, industrial or institutional land
uses and associated roads.
Wells, sinkholes, swallets, fractured bedrock at the surface,
mine shafts, nonmetallic mines, tile inlets discharging to groundwater,
quarries, or depressional groundwater recharge areas over shallow
fractured bedrock.
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
The process by which the land's surface is worn away by the
action of wind, water, ice or gravity.
Waters listed in § NR 102.11, Wis. Adm. Code.
Soil that has at least a three-foot-deep layer with at least
20% fines; or at least a five-foot-deep layer with at least 10% fines;
or an engineered soil with an equivalent level of protection as determined
by the regulatory authority for the site.
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 employ equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the Director
of Public Works by the responsible party to assure that requirements
of the ordinance are carried out in compliance with the stormwater
management plan.
Town Board of Supervisors, County Board of Supervisors, City
Council, Village Board of Trustees or Village Council.
An area that releases as runoff all or a large portion of
the precipitation that falls on it, except for frozen soil. Rooftops,
sidewalks, driveways, gravel or paved parking lots and streets are
examples of areas that typically are impervious.
An undeveloped area of land located within an existing urban
sewer service area, surrounded by development or development and natural
or man-made features where development cannot occur.
The entry of precipitation or runoff into or through the
soil.
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices, such as swales or road side channels designed for
conveyance and pollutant removal only.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. Land-disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
Any person holding fee title, an easement or other interest
in property, which allows the person to undertake cropping, livestock
management, land-disturbing construction activity or maintenance of
stormwater BMPs on the property.
A legal document that provides for long-term maintenance
of stormwater management practices.
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this article as determined in accordance with § 266-22 of this article.
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
A specific precipitation distribution developed by the United
States Department of Agriculture, Natural Resources Conservation Service,
using precipitation data from Atlas 14.
Located outside the property boundary described in the permit
application.
Located within the property boundary described in the permit
application.
Has the meaning given in § NR 115.03(6), Wis. Adm.
Code.
Waters listed in § NR 102.10, Wis. Adm. Code.
The percentage of a given sample of soil which passes through
a # 200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Director of Public Works
to the applicant to conduct land-disturbing construction activity
or to discharge post-construction runoff to waters of the state.
A sum of money paid to the Director of Public Works by the
permit applicant for the purpose of recouping the expenses incurred
by the authority in administering the permit.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
A construction site following the completion of land-disturbing
construction activity and final site stabilization.
The extent and distribution of land cover types present before
the initiation of land-disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
Has the meaning given in § NR 140.05(17), Wis.
Adm. Code.
An area of land that commences at the top of the channel
of lakes, streams and rivers, or at the delineated boundary of wetlands,
and that is the greatest of the following widths, as measured horizontally
from the top of the channel or delineated wetland boundary to the
closest impervious surface.
Areas where development is replacing older development.
The landowner or any other entity performing services to
meet the requirements of this article through a contract or other
agreement. "Runoff" means stormwater or precipitation, including rain,
snow or ice melt or similar water that moves on the land surface via
sheet or channelized flow.
A conveyance or system of conveyances, including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria:
Activities including tree nursery operations, tree harvesting
operations, reforestation, tree thinning, prescribed burning, and
pest and fire control. Clearing and grubbing of an area of a construction
site is not a silviculture activity.
The entire area included in the legal description of the
land on which the land-disturbing construction activity occurred.
An order issued by the Director of Public Works which requires
that all construction activity on the site be stopped.
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater, after the site has under gone final stabilization,
following completion of the construction activity.
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
An edge, or point on the landscape landward from the ordinary
high-water mark of a surface water of the state, where the slope of
the land begins to be less than 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the initial
50 feet landward from the ordinary high-water mark, the top of the
channel is the ordinary high-water mark.
The amount of pollutants specified as a function of one or
more water quality parameters, that can be discharged per day into
a water quality limited segment and still ensure attainment of the
applicable water quality standard.
Technical Paper No. 40, Rainfall Frequency Atlas of the United
States, published in 1961.
The United States Department of Agriculture, Natural Resources
Conservation Service (previously Soil Conservation Service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986, which is incorporated by reference to this chapter.
A highway, a railroad, a public mass transit facility, a
public-use airport, a public trail or any other public work for transportation
purposes such as harbor improvements under § 85.095(1)(b),
Wis. Stats. "Transportation facility" does not include building sites
for the construction of public buildings and buildings that are places
of employment that are regulated by the Department pursuant to § 281.33,
Wis. Stats.
Total suspended solids.
A rainfall type curve as established in the "United States
Department of Agriculture, Soil Conservation Service, Technical Paper
No. 149, published in 1973."
Includes those portions of Lake Michigan and Lake Superior
within the boundaries of this state, and all lakes, bays, rivers,
streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses,
drainage systems and other surface water or groundwater, natural or
artificial, public or private, within this state or its jurisdiction.
Maximum extent practicable applies when a person who is subject
to a performance standard of this article demonstrates to the Director
of Public Works' 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 discharge, and infiltration components of stormwater practices
needed to meet the water quality standards of this article:
A.
Consistent with the technical standards identified, developed or
disseminated by the Wisconsin Department of Natural Resources under
Subch. V of Ch. NR 151, Wis. Adm. Code.
B.
Where technical standards have not been identified or developed by
the Wisconsin Department of Natural Resources, other technical standards
may be used, provided that the methods have been approved by the Director
of Public Works.
A.
Responsible party. The responsible party shall comply with this section.
B.
Stormwater management plan. A written stormwater management plan in accordance with § 266-26 shall be developed and implemented for each post-construction site.
C.
Maintenance of effort. For redevelopment sites where the redevelopment
will be replacing older development that was subject to post-construction
performance standards of Ch. NR 151, Wis. Adm. Code, in effect on
or after October 1, 2004, the responsible party shall meet the total
suspended solids reduction, peak flow control, infiltration, and protective
areas standards applicable to the older development or meet the redevelopment
standards of this article, whichever is more stringent.
D.
Requirements. The stormwater management plan required under Subsection B shall include the following:
(1)
Total suspended solids. BMPs shall be designed, installed and maintained
to control total suspended solids carried in runoff from the post-construction
site as follows:
(a)
BMPs shall be designed in accordance with Table 1 or to the maximum extent practicable as provided in Subsection D(1)(b). The design shall be based on an average annual rainfall, as compared to no runoff management controls.
|
Table 1. TSS Reduction Standards
| |
|---|---|
|
Development Type
|
TSS Reduction
|
|
New development
|
80%
|
|
In-fill development
|
80%
|
|
Redevelopment
|
40% of load from parking areas and roads
|
(b)
Maximum extent practicable. If the design cannot meet a total
suspended solids reduction performance standard of Table 1, the stormwater
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.
(c)
Off-site drainage. When designing BMPs, runoff draining to the
BMP from off-site shall be taken into account in determining the treatment
efficiency of the practice. Any impact on the efficiency shall be
compensated for by increasing the size of the BMP accordingly.
(2)
Peak discharge.
(a)
By design, BMPs shall be employed to maintain or reduce the
one-year, two-year, ten-year, twenty-five-year and 100-year twenty-four-hour
post-construction peak runoff discharge rates to the one-year, two-year,
ten-year, twenty-five-year and 100-year twenty-four-hour pre-development
peak runoff discharge rates respectively, or to the maximum extent
practicable. The runoff curve numbers in Table 2 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 Director
of Public Works may allow the use of TP-40 precipitation depths and
the Type II distribution.
[Amended 3-3-2022 by Ord. No. 2022-1]
|
Table 2. Maximum Pre-Development Runoff Curve Numbers
| ||||
|---|---|---|---|---|
|
Hydrologic Soil Group
| ||||
|
Runoff Curve Number
|
A
|
B
|
C
|
D
|
|
Woodland
|
30
|
55
|
70
|
77
|
|
Grassland
|
39
|
61
|
71
|
78
|
|
Cropland
|
55
|
69
|
78
|
83
|
(b)
This subsection of this chapter does not apply to any of the
following:
(3)
Infiltration.
(a)
Best management practices. BMPs shall be designed, installed,
and maintained to infiltrate runoff in accordance with the following
or to the maximum extent practicable:
[1]
Low imperviousness. For development up to 40% connected imperviousness,
such as parks, cemeteries, and low density residential development,
infiltrate sufficient runoff volume so that the post-development infiltration
volume shall be at least 90% of the pre-development infiltration volume,
based on an average annual rainfall. However, when designing appropriate
infiltration systems to meet this requirement, no more than one percent
of the post-construction site is required as an effective infiltration
area.
[2]
Moderate imperviousness. For development with more than 40%
and up to 80% connected imperviousness, such as medium and high density
residential, multifamily development, industrial and institutional
development, and office parks, infiltrate sufficient runoff volume
so that the post-development infiltration volume shall be at least
75% of the pre-development infiltration volume, based on an average
annual rainfall. However, when designing appropriate infiltration
systems to meet this requirement, no more than 2% of the post-construction
site is required as an effective infiltration area.
[3]
High imperviousness. For development with more than 80% connected
imperviousness, such as commercial strip malls, shopping centers,
and commercial downtowns, infiltrate sufficient runoff volume so that
the post-development infiltration volume shall be at least 60% of
the pre-development infiltration volume, based on an average annual
rainfall. However, when designing appropriate infiltration systems
to meet this requirement, no more than 2% of the post-construction
site is required as an effective infiltration area.
(b)
Pre-development. The pre-development condition shall be the same as specified in Table 2 of Subsection D(2) of this article.
(c)
Source areas.
[1]
Prohibitions. Runoff from the following areas may not be infiltrated and may not qualify as contributing to meeting the requirements of this section unless demonstrated to meet the conditions identified in § 266-24D(3)(f):
[a]
Areas associated with a tier one industrial facility
identified in § NR 216.21(2)(a), Wis. Admin. Code, including
storage, loading and parking. Rooftops may be infiltrated with the
concurrence of the regulatory authority.
[b]
Storage and loading areas of a tier two industrial
facility identified in § NR 216.21(2)(b), Wis. Admin. Code.
[c]
Fueling and vehicle maintenance areas. Runoff from
rooftops of fueling and vehicle maintenance areas may be infiltrated
with the concurrence of the regulatory authority.
[2]
Exemptions. Runoff from the following areas may be credited
toward meeting the requirement when infiltrated, but the decision
to infiltrate runoff from these source areas is optional:
[a]
Parking areas and access roads less than 5,000
square feet for commercial development.
[b]
Parking areas and access roads less than 5,000
square feet for industrial development not subject to the prohibitions
under Subsection D(3)(c)[a].
[d]
In-fill development areas less than five acres.
[e]
Roads on commercial, industrial and institutional
land uses, and arterial residential roads.
(d)
Location of practices.
[1]
Prohibitions. Infiltration practices may not be located in the
following areas:
[a]
Areas within 1,000 feet upgradient or within 100
feet downgradient of direct conduits to groundwater.
[b]
Areas within 400 feet of a community water system
well as specified in § NR 811.16(4), Wis. Admin. Code, or
within the separation distances listed in § NR 812.08, Wis.
Admin. Code, for any private well or noncommunity well for runoff
infiltrated from commercial, including multifamily residential, industrial
and institutional land uses or regional devices for one- and two-family
residential development.
[c]
Areas where contaminants of concern, as defined
in § NR 720.03(2), Wis. Admin. Code, are present in the
soil through which infiltration will occur.
[2]
Separation distances.
[a]
Infiltration practices shall be located so that
the characteristics of the soil and the separation distance between
the bottom of the infiltration system and the elevation of seasonal
high groundwater or the top of bedrock are in accordance with Table
3:
|
Table 3. Separation Distances and Soil Characteristics
| ||
|---|---|---|
|
Source Area
|
Separation Distance
|
Soil Characteristics
|
|
Industrial, commercial, institutional parking lots and roads
|
5 feet or more
|
Filtering layer
|
|
Residential arterial roads
|
5 feet or more
|
Filtering layer
|
|
Roofs draining to subsurface infiltration practices
|
1 foot or more
|
Native or engineered soil with particles finer than coarse sand
|
|
Roofs draining to surface infiltration practices
|
Not applicable
|
Not applicable
|
|
All other impervious source areas
|
3 feet or more
|
Filtering layer
|
[b]
Notwithstanding this Subsection D(3)(d)[2], applicable requirements for injection wells classified under Ch. NR 815, Wis. Adm. Code, shall be followed.
[3]
Infiltration rate exemptions. Infiltration practices located
in the following areas may be credited toward meeting the requirements
under the following conditions, but the decision to infiltrate under
these conditions is optional:
[a]
Where the infiltration rate of the soil measured
at the proposed bottom of the infiltration system is less than 0.6
inch per hour using a scientifically credible field test method.
[b]
Where the least permeable soil horizon to five
feet below the proposed bottom of the infiltration system using the
United States Department of Agriculture method of soils analysis is
one of the following: sandy clay loam, clay loam, silty clay loam,
sandy clay, silty clay, or clay.
(e)
Alternate use. Where alternate uses of runoff are employed,
such as for toilet flushing, laundry, or irrigation or storage on
green roofs where an equivalent portion of the runoff is captured
permanently by rooftop vegetation, such alternate use shall be given
equal credit toward the infiltration volume required by this section.
(f)
Groundwater standards.
[1]
Infiltration systems designed in accordance with this section
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. Admin. Code. However,
if site specific information indicates that compliance with a preventive
action limit is not achievable, the infiltration BMP may not be installed
or shall be modified to prevent infiltration to the maximum extent
practicable.
[2]
Notwithstanding Subsection D(3)(f)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
(g)
Pretreatment. Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection D(3)(f). Pretreatment options may include, but are not limited to, oil and grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(4)
Protective areas.
(a)
Definition. In this section, "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 section, "protective area" does
not include any area of land adjacent to any stream enclosed within
a pipe or culvert, so that runoff cannot enter the enclosure at this
location.
[1]
For outstanding resource waters and exceptional resource waters,
75 feet.
[2]
For perennial and intermittent streams identified on a United
States Geological Survey 7.5-minute series topographic map, or a county
soil survey map, whichever is more current, 50 feet.
[3]
For lakes, 50 feet.
[4]
For wetlands not subject to Subsection D(4)(a)[5] or [6], 50 feet.
[5]
For highly susceptible wetlands, 75 feet. Highly susceptible
wetlands include the following types; calcareous fens, sedge meadows,
open and coniferous bogs, low prairies, coniferous swamps, lowland
hardwood swamps, and ephemeral ponds.
[6]
For less susceptible wetlands, 10% of the average wetland width,
but no less than 10 feet nor more than 30 feet. Less susceptible wetlands
include: degraded wetland dominated by invasive species such as reed
canary grass; cultivated hydric soils; and any gravel pits, or dredged
material or fill material disposal sites that take on the attributes
of a wetland.
[7]
In Subsection D(4)(a)[4] to [6], determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in § NR 103.03, Wis. Admin. Code.
[8]
Wetland boundary delineation shall be made in accordance with
§ NR 103.08(1m), Wis. Admin. Code. This subsection does
not apply to wetlands that have been completely filled in compliance
with all applicable state and federal regulations. The protective
area for wetlands that have been partially filled in compliance with
all applicable state and federal regulations shall be measured from
the wetland boundary delineation after a fill has been placed. Where
there is a legally authorized wetland fill, the protective area standard
need not be met in that location.
[9]
For concentrated flow channels with drainage areas greater than
130 acres, 10 feet.
[10]
Notwithstanding Subsection D(4)(a)[1] to [9], the greatest protective area width shall apply where rivers, streams, lakes and wetlands are contiguous.
Note to Users: A stream or lake is not eligible for a lower
protective area width even if contiguous to a less susceptible wetland.
(b)
Applicability. This section applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection D(4)(d).
(c)
Requirements. The following requirements shall be met:
[1]
Impervious surfaces shall be kept out of the protective area
entirely or to the maximum extent practicable. If there is no practical
alternative to locating an impervious surface in the protective area,
the stormwater management plan shall contain a written, site-specific
explanation.
[2]
Where land-disturbing construction activity occurs within a
protective area, adequate sod or self-sustaining vegetative cover
of 70% or greater shall be established and maintained where no impervious
surface is present. The adequate sod or self-sustaining vegetative
cover shall be sufficient to provide for bank stability, maintenance
of fish habitat, and filtering of pollutants from upslope overland
flow areas under sheet flow conditions. Nonvegetative materials, such
as rock riprap, may be employed on the bank as necessary to prevent
erosion such as on steep slopes or where high velocity flows occur.
Note to Users: It is recommended that seeding of noninvasive
vegetative cover be used in the protective areas. Some invasive plants
that should not be used are listed in Ch. NR 40, Wis. Adm. Code. Flood-
and drought-tolerant vegetation that can provide long-term bank stability
because of an extensive root system is preferable. Vegetative cover
may be measured using the line transect method described in the University
of Wisconsin extension publication number A3533, titled "Estimating
Residue Using the Line Transect Method."
[3]
BMPs such as filter strips, swales, or wet detention ponds,
that are designed to control pollutants from nonpoint sources, may
be located in the protective area.
Note to Users: Other laws, such as Ch. 30, Wis. Stats., and
Chs. NR 103, 115, 116 and 117, Wis. Adm. Code, and their associated
review and approval processes may apply in the protective area.
(d)
Exemptions. This section does not apply to any of the following:
[2]
In-fill development areas less than five acres.
[3]
Structures that cross or access surface water such as boat landings,
bridges, and culverts.
[4]
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.
[5]
Areas of post-construction sites from which the runoff does
not enter the surface water, including wetlands, without first being
treated by a BMP to meet the local ordinance requirements for total
suspended solids and peak flow reduction, except to the extent that
vegetative ground cover is necessary to maintain bank stability.
(5)
Fueling and maintenance areas. Fueling and vehicle maintenance areas
shall have BMPs designed, installed, and maintained to reduce petroleum
within runoff, so that the runoff that enters waters of the state
contains no visible petroleum sheen, or to the maximum extent practicable.
(6)
Swale treatment for transportation facilities.
(a)
Requirement. Except as provided in Subsection D(6)(b), transportation facilities that use swales for runoff conveyance and pollutant removal are exempt from the requirements of local ordinance requirements for peak flow control, total suspended solids control, and infiltration, if the swales are designed to do all of the following or to the maximum extent practicable:
[1]
Swales shall be vegetated. However, where appropriate, nonvegetative
measures may be employed to prevent erosion or provide for runoff
treatment, such as rock riprap stabilization or check dams.
[2]
Swales shall comply with sections V.F. (Velocity and Depth)
and V.G. (Sale Geometry Criteria) with a swale treatment length as
long as that specified in section V.C. (Pre-Treatment) of the Wisconsin
Department of Natural Resources technical standard 1005 "Vegetated
Infiltration Swales," dated May 2007, or a superseding document. Transportation
facility swale treatment does not have to comply with other sections
of technical standard 1005.
(b)
Other requirements.
[1]
Notwithstanding Subsection D(6)(a), the Director of Public Works may, consistent with water quality standards, require that other requirements, in addition to swale treatment, be met on a transportation facility with an average daily traffic rate greater than 2,500 and where the initial surface water of the state that the runoff directly enters is one 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]
Water where targeted performance standards are
developed pursuant to § NR 151.004, Wis. Adm. Code.
[2]
The transportation facility authority shall contact the Director
of Public Works to determine if additional BMPs beyond a water quality
swale are needed under this subsection.
E.
General considerations for stormwater management measures. The following
considerations shall be observed in on-site and off-site runoff management:
(1)
Natural topography and land cover features such as natural swales,
natural depressions, native soil infiltrating capacity, and natural
groundwater recharge areas shall be preserved and used, to the extent
possible, to meet the requirements of this section.
(2)
Emergency overland flow for all stormwater facilities shall be provided
to prevent exceeding the safe capacity of downstream drainage facilities
and prevent endangerment of downstream property or public safety.
F.
BMP location.
(1)
To comply with the performance standards required under § 266-24 of this article, BMPs may be located on-site or off-site as part of a regional stormwater device, practice or system, but shall be installed in accordance with § NR 151.003, Wis. Adm. Code.
(2)
The Director of Public Works may approve off-site management measures,
provided that all of the following conditions are met:
(a)
The Director of Public Works determines that the post-construction
runoff is covered by a stormwater management system plan that is approved
by the Village of Fredonia and that contains management requirements
consistent with the purpose and intent of this article.
(b)
The off-site facility meets all of the following conditions:
[1]
The facility is in place.
[2]
The facility is designed and adequately sized to provide a level
of stormwater control equal to or greater than that which would be
afforded by on-site practices meeting the performance standards of
this article.
[3]
The facility has a legally obligated entity responsible for
its long-term operation and maintenance.
(3)
Where a regional treatment option exists such that the Director of
Public Works exempts the applicant from all or part of the minimum
on-site stormwater management requirements, the applicant shall be
required to pay a fee in an amount determined in negotiation with
the Director of Public Works. In determining the fee for post-construction
runoff, the Director of Public Works shall consider an equitable distribution
of the cost for land, engineering design, construction, and maintenance
of the regional treatment option.
G.
Additional requirements. The Director of Public Works may establish
stormwater management requirements more stringent than those set forth
in this article if the Director of Public Works determines that the
requirements are needed to control stormwater quantity or control
flooding, comply with federally approved total maximum daily load
requirements, or control pollutants associated with existing development
or redevelopment.
A.
Permit required. No responsible party may undertake a land-disturbing
construction activity without receiving a post-construction runoff
permit from the Director of Public Works prior to commencing the proposed
activity.
B.
Permit application and fees. Unless specifically excluded by this
article, any responsible party desiring a permit shall submit to the
Director of Public Works a permit application on a form provided by
the Director of Public Works for that purpose.
(1)
Unless otherwise excluded by this article, a permit application must
be accompanied by a stormwater management plan, a maintenance agreement
and a nonrefundable permit administration fee.
(2)
The stormwater management plan shall be prepared to meet the requirements of §§ 266-24 and 266-26, the maintenance agreement shall be prepared to meet the requirements of § 266-27, the financial guarantee shall meet the requirements of § 266-28, and fees shall be those established by the Village Board as set forth in the Village Schedule of Fees.[1]
[1]
Editor's Note: The Schedule of Fees is on file in the Village
office.
C.
Permit application review and approval. The Director of Public Works
shall review any permit application that is submitted with a stormwater
management plan, maintenance agreement, and the required fee. The
following approval procedure shall be used:
(1)
Within 10 business days of the receipt of a complete permit application, including all items as required by Subsection B, the Director of Public Works shall inform the applicant whether the application, stormwater management plan and maintenance agreement are approved or disapproved based on the requirements of this article.
(2)
If the stormwater permit application, stormwater management plan
and maintenance agreement are approved, or if an agreed upon payment
of fees in lieu of stormwater management practices is made, the Director
of Public Works shall issue the permit.
(3)
If the stormwater permit application, stormwater management plan
or maintenance agreement is disapproved, the Director of Public Works
shall detail, in writing, the reasons for disapproval.
(4)
The Director of Public Works may request additional information from
the applicant. If additional information is submitted, the Director
of Public Works shall have 10 business days from the date the additional
information is received to inform the applicant that the stormwater
management plan and maintenance agreement are either approved or disapproved.
(5)
Failure by the Director of Public Works to inform the permit applicant
of a decision within 10 business days of a required submittal shall
be deemed to mean approval of the submittal and the applicant may
proceed as if a permit had been issued.
D.
Permit requirements. All permits issued under this article shall be subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions. The Director of Public Works may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Director of Public Works to suspend or revoke this permit may be appealed in accordance with § 266-31.
(1)
Compliance with this permit does not relieve the responsible party
of the responsibility to comply with other applicable federal, state,
and local laws and regulations.
(2)
The responsible party shall design and install all structural and
nonstructural stormwater management measures in accordance with the
approved stormwater management plan and this permit.
(3)
The responsible party shall notify the Director of Public Works at least two business days before commencing any work in conjunction with the stormwater management plan, and within 15 business days upon completion of the stormwater management practices. If required as a special condition under Subsection E, the responsible party shall make additional notification according to a schedule set forth by the Director of Public Works so that practice installations can be inspected during construction.
(4)
Practice installations required as part of this article shall be
certified "as built" or "record" drawings by a licensed professional
engineer. Completed stormwater management practices must pass a final
inspection by the Director of Public Works or its designee to determine
if they are in accordance with the approved stormwater management
plan and article. The Director of Public Works or its designee shall
notify the responsible party, in writing, of any changes required
in such practices to bring them into compliance with the conditions
of this permit.
(5)
The responsible party shall notify the Director of Public Works of
any significant modifications it intends to make to an approved stormwater
management plan. The Director of Public Works may require that the
proposed modifications be submitted to it for approval prior to incorporation
into the stormwater management plan and execution by the responsible
party.
(6)
The responsible party shall maintain all stormwater management practices
in accordance with the stormwater management plan until the practices
either become the responsibility of the Village of Fredonia, or are
transferred to subsequent private owners as specified in the approved
maintenance agreement.
(7)
The responsible party authorizes the Director of Public Works to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan, and consents to a special assessment or charge against the property as authorized under Subch. VII of Ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 266-28.
(8)
If so directed by the Director of Public Works, the responsible party
shall repair at the responsible party's own expense all damage to
adjoining municipal facilities and drainage ways caused by runoff,
where such damage is caused by activities that are not in compliance
with the approved stormwater management plan.
(9)
The responsible party shall permit property access to the Director
of Public Works or its designee for the purpose of inspecting the
property for compliance with the approved stormwater management plan
and this permit.
(10)
Where site development or redevelopment involves changes in
direction, increases in peak rate and/or total volume of runoff from
a site, the Director of Public Works may require the responsible party
to make appropriate legal arrangements with affected property owners
concerning the prevention of endangerment to property or public safety.
A.
Stormwater management plan requirements. The stormwater management plan required under § 266-24B shall contain at a minimum the following information:
(1)
Name, address, and telephone number for the following or their designees:
landowner; developer; project engineer for practice design and certification;
person(s) responsible for installation of stormwater management practices;
and person(s) responsible for maintenance of stormwater management
practices prior to the transfer, if any, of maintenance responsibility
to another party.
(2)
A proper legal description of the property proposed to be developed,
referenced to the United States Public Land Survey system or to block
and lot numbers within a recorded land subdivision plat.
(3)
Pre-development site conditions, including:
(a)
One or more site maps at a scale of not less than one inch equals
100 feet. The site maps shall show the following: site location and
legal property description; predominant soil types and hydrologic
soil groups; existing cover type and condition; topographic contours
of the site at a scale not to exceed two feet; topography and drainage
network, including enough of the contiguous properties to show runoff
patterns onto, through, and from the site; watercourses that may affect
or be affected by runoff from the site; flow path and direction for
all stormwater conveyance sections; watershed boundaries used in hydrology
determinations to show compliance with performance standards; lakes,
streams, wetlands, channels, ditches, and other watercourses on and
immediately adjacent to the site; limits of the one-hundred-year floodplain;
location of wells and wellhead protection areas covering the project
area and delineated pursuant to § NR 811.16, Wis. Adm. Code.
(b)
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. All major assumptions used
in developing input parameters shall be clearly stated. The geographic
areas used in making the calculations shall be clearly cross-referenced
to the required map(s).
(4)
Post-development site conditions, including:
(a)
Explanation of the provisions to preserve and use natural topography
and land cover features to minimize changes in peak flow runoff rates
and volumes to surface waters and wetlands.
(b)
Explanation of any restrictions on stormwater management measures
in the development area imposed by wellhead protection plans and ordinances.
(c)
One or more site maps at a scale of not less than one inch equals
100 feet showing the following: post-construction pervious areas,
including vegetative cover type and condition; impervious surfaces,
including all buildings, structures, and pavement; post-construction
topographic contours of the site at a scale not to exceed two feet;
post-construction drainage network, including enough of the contiguous
properties to show runoff patterns onto, through, and from the site;
locations and dimensions of drainage easements; locations of maintenance
easements specified in the maintenance agreement; flow path and direction
for all stormwater conveyance sections; location and type of all stormwater
management conveyance and treatment practices, including the on-site
and off-site tributary drainage area; location and type of conveyance
system that will carry runoff from the drainage and treatment practices
to the nearest adequate outlet such as a curbed street, storm drain,
or natural drainage way; watershed boundaries used in hydrology and
pollutant loading calculations and any changes to lakes, streams,
wetlands, channels, ditches, and other watercourses on and immediately
adjacent to the site.
(d)
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. The computations shall be made
for each discharge point in the development, and the geographic areas
used in making the calculations shall be clearly cross-referenced
to the required map(s).
(e)
Results of investigations of soils and groundwater required
for the placement and design of stormwater management measures. Detailed
drawings, including cross sections and profiles of all permanent stormwater
conveyance and treatment practices.
(5)
A description and installation schedule for the stormwater management practices needed to meet the performance standards in § 266-24.
(6)
A maintenance plan developed for the life of each stormwater management
practice, including the required maintenance activities and maintenance
activity schedule.
(7)
Cost estimates for the construction, operation, and maintenance of
each stormwater management practice.
(8)
Other information requested in writing by the Director of Public
Works to determine compliance of the proposed stormwater management
measures with the provisions of this article.
(9)
All site investigations, plans, designs, computations, and drawings
shall be certified by a licensed professional engineer to be prepared
in accordance with accepted engineering practice and requirements
of this article.
A.
Maintenance agreement required. The maintenance agreement required under § 266-25B(2) for stormwater management practices shall be an agreement between the Director of Public Works and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.
B.
Agreement provisions. The maintenance agreement shall contain the
following information and provisions and be consistent with the maintenance
plan required by:
(1)
Identification of the stormwater facilities and designation of the
drainage area served by the facilities.
(2)
A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under § 266-25B(2).
(3)
Identification of the responsible party/parties, organization or city, county, town or Village responsible for long term maintenance of the stormwater management practices identified in the stormwater management plan required under § 266-25B(2).
(4)
Requirement that the responsible party/parties, organization, or city, county, town or Village shall maintain stormwater management practices in accordance with the schedule included in Subsection B(2).
(5)
Authorization for the Director of Public Works to access the property
to conduct inspections of stormwater management practices as necessary
to ascertain that the practices are being maintained and operated
in accordance with the agreement.
(6)
A requirement on the Director of Public Works to maintain public
records of the results of the site inspections, to inform the responsible
party responsible for maintenance of the inspection results, and to
specifically indicate any corrective actions required to bring the
stormwater management practice into proper working condition.
(7)
Agreement that the party designated under Subsection B(3), as responsible for long term maintenance of the stormwater management practices, shall be notified by the Director of Public Works of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Director of Public Works.
(8)
Authorization of the Director of Public Works to perform the corrected actions identified in the inspection report if the responsible party designated under Subsection B(3) does not make the required corrections in the specified time period. The Director of Public Works shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subch. VII of Ch. 66, Wis. Stats.
A.
Establishment of the guarantee. The Director of Public Works may
require the submittal of a financial guarantee, the form and type
of which shall be acceptable to the Director of Public Works. The
financial guarantee shall be in an amount determined by the Director
of Public Works to be the estimated cost of construction and the estimated
cost of maintenance of the stormwater management practices during
the period which the designated party in the maintenance agreement
has maintenance responsibility. The financial guarantee shall give
the Director of Public Works the authorization to use the funds to
complete the stormwater management practices if the responsible party
defaults or does not properly implement the approved stormwater management
plan, upon written notice to the responsible party by the Director
of Public Works that the requirements of this article have not been
met.
B.
Conditions for release. Conditions for the release of the financial
guarantee are as follows:
(1)
The Director of Public Works shall release the portion of the financial
guarantee established under this section, less any costs incurred
by the Director of Public Works to complete installation of practices,
upon submission of "as built plans" or "record" drawings by a licensed
professional engineer. The Director of Public Works may make provisions
for a partial pro-rata release of the financial guarantee based on
the completion of various development stages.
(2)
The Director of Public Works shall release the portion of the financial
guarantee established under this section to ensure maintenance of
stormwater practices, less any costs incurred by the Director of Public
Works, 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 article shall
be established by the Director of Public Works and may from time to
time be modified by resolution. A schedule of the fees established
by the Director of Public Works shall be available for review in the
Village Clerk-Treasurer's office.
A.
Any land-disturbing construction activity or post-construction runoff
initiated after the effective date of this article by any person,
firm, association, or corporation subject to the ordinance provisions
shall be deemed a violation unless conducted in accordance with the
requirements of this article.
B.
The Director of Public Works shall notify the responsible party by
certified mail of any noncomplying land-disturbing construction activity
or post-construction runoff. The notice shall describe the nature
of the violation, remedial actions needed, a schedule for remedial
action, and additional enforcement action which may be taken.
C.
Upon receipt of written notification from the Director of Public Works under Subsection B, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Director of Public Works in the notice.
D.
If the violations to a permit issued pursuant to this article are
likely to result in damage to properties, public facilities, or waters
of the state, the Director of Public Works may enter the land and
take emergency actions necessary to prevent such damage. The costs
incurred by the Director of Public Works plus interest and legal costs
shall be billed to the responsible party.
E.
The Director of Public Works is authorized to post a stop-work order
on all land-disturbing construction activity that is in violation
of this article, or to request the municipal attorney to obtain a
cease-and-desist order in any court with jurisdiction.
F.
The Director of Public Works may revoke a permit issued under this
article for noncompliance with chapter provisions.
G.
Any permit revocation, stop-work order, or cease-and-desist order
shall remain in effect unless retracted by the Director of Public
Works or by a court with jurisdiction.
H.
The Director of Public Works is authorized to refer any violation
of this article, or a stop-work order or cease-and-desist order issued
pursuant to this article, to the Village Attorney for the commencement
of further legal proceedings in any court with jurisdiction.
I.
Any person, firm, association, or corporation who does not comply
with the provisions of this article shall be subject to a forfeiture
as set forth in the Village's Schedule of Forfeitures per offense,
together with the costs of prosecution. Each day that the violation
exists shall constitute a separate offense.
J.
Compliance with the provisions of this article may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease-and-desist order before resorting
to injunctional proceedings.
K.
When the Director of Public Works determines that the holder of a permit issued pursuant to this article has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the Director of Public Works or a party designated by the Director of Public Works may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved stormwater management plan. The Director of Public Works 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 § 266-28 of this article. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.
Zoning Board of Appeals. The Zoning Board of Appeals, created pursuant to Chapter 19, Article III, of the Village's Code, pursuant to § 61.354(4)(b), Wis. Stats., shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Director of Public Works in administering this article. The Board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the Board may authorize variances from the provisions of this article that are not contrary to the public interest, and where owing to special conditions a literal enforcement of the ordinance will result in unnecessary hardship.
