Town of Ledgeview, WI
Brown County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Ledgeview as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees and penalties — See Ch. 1, Art. II.
Construction site erosion control — See Ch. 36.
Illicit discharges — See Ch. 91.
Subdivision and platting regulations — See Ch. 96.
Water — See Ch. 126.
Zoning — See Ch. 135.
Sanitary District No. 2 — See Ch. A136.
[Adopted 1-19-2016 by Ord. No. 2015-016[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 90, Stormwater Management, Art. I, Stormwater Rules and Regulations, adopted 12-16-2008 by Ord. No. 2008-021.
A. 
This article is adopted by the Town of Ledgeview pursuant to its police powers and under the authority granted by §§ 281.33 and 60.627, Wis. Stats. This chapter supersedes all conflicting and contradictory stormwater management regulations previously enacted under §§ 60.62 or 60.627, Wis. Stats. Except as specifically provided for in § 281.33, Wis. Stats., § 60.62 Wis. Stats., applies to this chapter and to any amendments to this chapter.
B. 
The provisions of this article are deemed not to limit any other lawful regulatory powers of the Town Board.
C. 
The Town Board hereby designates the Zoning Administrator or designee to have the administrative authority to administer and enforce the provisions of this chapter.
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 Town Board finds that uncontrolled stormwater runoff from land development activity has a significant detrimental impact upon water resources and the health, safety, and general welfare of the Town. Specifically, uncontrolled 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 loads.
E. 
Threaten public health, safety, property, and general welfare by overtaxing storm sewers, drainageways and other minor drainage facilities.
F. 
Threaten public health, safety, property and general welfare by increasing major flood peaks and volumes.
G. 
Undermine floodplain management efforts by increasing the incidence and levels of flooding.
H. 
Diminish the public enjoyment of natural resources.
A. 
Purpose. The purpose of this chapter is to set forth stormwater requirements and criteria that will prevent and control water pollution and diminish the threats to public health, safety, welfare, and aquatic life due to runoff of stormwater from development or redevelopment. Specific purposes are to:
(1) 
Further the maintenance of safe and healthful conditions.
(2) 
Prevent and control the adverse effects of stormwater; prevent and control soil erosion; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth.
(3) 
Control exceedance of the safe capacity of existing drainage facilities and receiving water bodies; prevent undue channel erosion; control increases in the scouring and transportation of particulate matter; and prevent conditions that endanger downstream property.
B. 
Intent. It is the general intent of the Town that this article achieve its purpose through:
(1) 
Regulating long-term, post-construction stormwater discharges from land development activities;
(2) 
Controlling the quantity, peak flow rates, and quality of stormwater discharges from land development activities;
(3) 
Providing services to maintain and enhance the quality of life within the community. To this end, the Town will manage stormwater to protect, maintain, and enhance the natural environment, diversity of fish and wildlife, human life, property, and recreational use of waterways within the Town;
(4) 
Achieving the stormwater performance standards set forth in this chapter through the preparation and implementation of comprehensive stormwater management plans that cover hydrologic units, such as watersheds, on a municipal and regional scale where possible; and
(5) 
Prescribing 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 Town Board, it is the intent of this article that the approved plan be used to identify post-construction management measures acceptable for the community.
As used in this article, the following terms shall have the meanings indicated:
ADEQUATE SOD or SELF-SUSTAINING VEGATATIVE COVER
Maintenance of sufficient vegetation types and densities such that the physical integrity of the stream bank or lakeshore is preserved. Self-sustaining vegetative cover includes grasses, forbs, sedges and duff layers of fallen leaves and woody debris.
ADMINISTRATIVE AUTHORITY
The governmental employee designated by the Town to administer this article. The Zoning Administrator has been designated to have the authority to administer this article pursuant to § 90-1C.
AGRICULTURAL ACTIVITY AREA
The part of the farm where there is planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or outside yarding of livestock, including sod farms and siliviculture. Practices in this area may include waterways, drainage ditches, diversions, terraces, farm lanes, excavation, filling, and similar practices. The agricultural activity does not include agricultural production area.
AGRICULTURAL PRODUCTION AREA
The part of the farm where there is concentrated production activity and impervious surfaces. Agricultural production areas include buildings, driveways, parking areas, feed storage structures, manure storage structures, and other impervious surfaces. The agricultural production area does not include the agricultural activity area.
APPLICANT
Any landowner, land user(s), agent, or contractor responsible for submitting and carrying out the requirements of this article. "Applicant" shall also include any subsequent landowner to whom this article applies.
AVERAGE ANNUAL RAINFALL
A calendar year of precipitation, excluding snow, which is considered typical. For purposes of this article, "average annual rainfall" means measured precipitation in Green Bay Wisconsin between March 29 and November 25, 1969.
BEST MANAGEMENT PRACTICE
Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize sediment or pollutants carried in stormwater runoff and to control and reduce the volume and rate of stormwater discharge to waters of the state.
BUSINESS DAY
A day that offices of the Town are routinely and customarily open for business.
CEASE-AND-DESIST ORDER
A Town order to halt land-developing activity that is being conducted without the required permit.
CLEAR WATER
Water from roof drains, surface drains, foundation water drains, cistern overflows, refrigerator cooling waters, and water from air-conditioning equipment.
COMMON PLAN OF DEVELOPMENT OR SALE
All lands included within the boundary of a certified survey or subdivision plat created for the purpose of development or sale of property or a single lot where multiple separate and distinct land-developing activities may take place at different times and on different schedules.
CONNECTED IMPERVIOUSNESS
An impervious surface that is directly connected to the waters of the state via a separate storm sewer, an impervious flow path, or a minimally pervious flow path.
CONSTRUCTION SITE
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.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall. The Atlas 14 MSE4 twenty-four-hour design storm for Ledgeview are: one-year, 2.1 inches; two-year, 2.4 inches; five-year, 3.0 inches; ten-year, 3.5 inches; twenty-five-year, 4.3 inches; one-hundred-year, 5.6 inches.
DEVELOPMENT
Residential, commercial, industrial, or institutional land uses and associated roads.
DIRECT CONDUITS OF GROUNDWATER
Wells, sinkholes, swallets, fractured bedrock at the surface, sand or gravel surficial deposits, mine shafts, nonmetallic mines, tile inlets discharging to groundwater, quarries or depressional groundwater recharge areas over shallow fractured bedrock.
DISCHARGE VOLUME
The quantity of runoff discharged from the land surface as the result of a rainfall event.
DIVISION OF LAND
The creation from one or more parcels or building sites of additional parcels or building sites where such creation occurs at one time or through the successive partition within a five-year period.
EFFECTIVE INFILTRATION AREA
The area of the infiltration system that is used to infiltrate runoff and does not include the area used for site access, berms or pretreatment.
EROSION
The process by which the land's surface is worn away by the action of wind, water, ice or gravity.
EXCEPTIONAL RESOURCE WATERS
Waters listed in § NR 102.11, Wis. Adm. Code.
EXISTING DEVELOPMENT
Development in existence on October 1, 2004, or development for which a stormwater permit in accordance with Subchapter III of Ch. NR 216, Wis. Adm. Code, was received on or before October 1, 2004.
EXTRATERRITORIAL
The unincorporated area within three miles of the corporate limits of a first-, second-, or third-class city or within 1.5 miles of a fourth-class city or village.
FILTERING LAYER
Soil that has at least a three-foot-deep layer with at least twenty-percent fines; or at least a five-foot-deep layer with at least ten-percent fines; or an engineered soil with an equivalent level of protection as determined by the Town for the site.
FINAL STABILIZATION
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.
FINANCIAL GUARANTEE
A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the Town by the responsible party to assure that requirements of the chapter are carried out in compliance with the stormwater management plan.
FUTURE PROPOSED LAND USE CONDITIONS
Any proposed land alterations or disturbances, including, but not limited to, removal of vegetative cover, excavating, filling/grading, construction of buildings, roads, parking lots, paved storage areas, and similar facilities. See also "post-development land use condition."
GOVERNING BODY
Town Board of Supervisors, County Board of Supervisors, City Council, Village Board of Trustees or Village Council.
GROSS AGGREGATE AREA
The total area, in acres, of all land located within the property boundary containing the land development activity.
GROUNDWATER
Any of the waters of the state, as defined in § 281.01(18), Wis. Stats., occurring in a saturated subsurface geological formation of rock or soil.
HIGH GROUNDWATER LEVEL or SUBSURFACE SATURATION
The higher of either the elevation to which the soil is saturated as observed as a free water surface in an unlined hole or the elevation to which the soil has been seasonally or periodically saturated as indicated by soil color patterns throughout the soil profile. As defined in Technical Standard 1002, Site Evaluation for Stormwater Infiltration.
HIGHWAY
The meaning given in § 340.01(22), Wis. Stats.
HIGHWAY RECONDITIONING
The meaning given in § 84.013(1)(b), Wis. Stats.
HIGHWAY RECONSTRUCTION
The meaning given in § 84.013(1)(c), Wis. Stats.
HIGHWAY RESURFACING
The meaning given in § 84.013(1)(d), Wis. Stats.
IMPERVIOUS SURFACE
An area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. Rooftops, sidewalks, driveways, parking lots and streets are examples of surfaces that typically are impervious. Gravel surfaces are considered impervious, unless specifically designed to encourage infiltration.
IMPERVIOUS SURFACE DISTURBANCE
Any land-disturbing construction activity on which any new impervious surfaces are created or existing impervious surfaces are redeveloped.
INFILL
An undeveloped area of land or new development area located within an existing urban sewer service area, surrounded by development or development and natural or man-made features where development cannot occur. "Infill" does not include any undeveloped area that was part of a larger new development for which a stormwater permit in accordance with Subchapter III of Ch. NR 216, Wis. Adm. Code, was required to be submitted after October 1, 2004, to the Wisconsin Department of Natural Resources or Wisconsin Department of Safety and Professional Services (formerly Department of Commerce).
INFILTRATION
The process by which rain or surface runoff penetrates into the underlying soil.
INFILTRATION SYSTEM
A device or practice, such as a basin, trench, rain garden or swale, designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, the redirecting of rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or roadside channels designed for conveyance and pollutant removal only.
KARST FEATURE
An area or superficial 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 swales.
LAND-DISTURBING CONSTRUCTION ACTIVITY or DISTURBANCE
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 pollutants into the municipal separate storm sewer or waters of the state. Land-disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities, and soil stockpiling.
MAINTENANCE AGREEMENT
A legal document that is filed with the County Register of Deeds as a property deed restriction and which provides for long-term maintenance of stormwater management practices and notice of consequences for failure of maintenance.
MEP or MAXIMUM EXTENT PRACTICABLE
The highest level of performance that is achievable but is not equivalent to a performance standard identified within this article. Maximum extent practicable applies when the permit applicant demonstrates to the Town of Ledgeview'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 permit applicant 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.
MINOR RECONSTRUCTION OF A HIGHWAY
Reconstruction of a highway that is limited to 1.5 miles in continuous or aggregate total length of realignment and that does not exceed 100 feet in width of roadbed widening and that does not include replacement of a vegetated drainage system with a nonvegetated drainage system except where necessary to convey runoff under a highway or private road or driveway.
NATURAL WETLANDS
An area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions. These wetlands include existing, mitigation, and restored wetlands.
NAVIGATABLE WATERS and NAVIGATABLE WATERWAY
The meaning given in § 30.01(4m), Wis. Stats.
NEW DEVELOPMENT
The portion of a post-construction site where impervious surfaces are being created or expanded. Any disturbance where the amount of impervious area for the post-development condition is greater than the pre-development condition is classified as new development. For purposes of this article, a post-construction site is classified as new development, redevelopment, routine maintenance, or some combination of these three classifications as appropriate.
NONSTORMWATER DISCHARGE
A discharge to the storm sewer system created by some process other than the runoff from precipitation.
OFF-SITE
Lands located outside the property boundary described in the permit application for land development activity.
ON-SITE
Lands located within the property boundary described in the permit application for land development activity.
ORDINARY HIGH-WATER MARK
The meaning given in § NR 115.03(6), Wis. Adm. Code.
OUTSTANDING RESOURCE WATERS
Waters listed in § NR 102.10, Wis. Adm. Code.
PEAK FLOW DISCHARGE RATE
The maximum rate at which a unit volume of stormwater is discharged.
PERCENT FINES
The percentage of a given sample of soil, which passes through a No. 200 sieve. Note to users: 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-µm (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 online at http://www.astm.org/.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
PERMIT
A written authorization made by the Town to the applicant to conduct land development activities.
PERMIT ADMINISTRATION FEE
A sum of money paid to the Town by the applicant for the purpose of recouping the expenses incurred by the Town in administering the permit.
PERVIOUS SURFACE
A surface that allows infiltration of precipitation or surface flow. Lawns, fields and woodlands are examples of pervious surfaces.
POLLUTANT
Meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Meaning given in § 281.01(10), Wis. Stats.
POST-CONSTRUCTION STORMWATER DISCHARGE
Any stormwater discharged from a site following the completion of land development activity and final site stabilization.
POST-DEVELOPMENT
The extent and distribution of land cover types present after the completion of land-disturbing construction activity and final site stabilization.
PRE-DEVELOPMENT LAND USE CONDITION
The extent and distribution of land cover types present before the initiation of land development activity, assuming that all land uses prior to land development activity are managed in an environmentally sound manner.
PRETREATMENT
The treatment of stormwater prior to its discharge to wetlands, infiltration practices or the primary stormwater treatment practice in order to reduce pollutant loads to a level compatible with the capability of the primary stormwater practice.
PREVENTIVE ACTION LIMIT
The meaning given in § NR 140.05(17), Wis. Adm. Code.
PUBLIC DRAINAGE SYSTEM
All facilities owned and operated by the Town, Brown County, the Wisconsin Department of Transportation, or adjoining municipality, for the purpose of collecting, conveying, storing, treating, and properly disposing of stormwater runoff.
REDEVELOPMENT
That portion of a post-construction site where impervious surfaces are being reconstructed, replaced, or reconfigured. Any disturbance where the amount of impervious area for the post-development condition is equal to or less than the pre-development condition is classified as redevelopment. For purposes of this article, a post-construction site is classified as new development, redevelopment, routine maintenance, or some combination of these three classifications as appropriate.
RESIDENTIAL DEVELOPMENT
Land development activity which is created to house people, including the residential dwellings as well as all affected portions of the development, including lawns, driveways, sidewalks, garages, and access streets. This type of development includes single-family, multi family, condominiums, and apartments.
RESPONSIBLE PARTY
Any person or entity holding fee title to the property or other person or entity contracted or obligated by agreement to implement and maintain post-construction stormwater BMPs.
ROUTINE MAINTENANCE
That portion of a post-construction site where pre-development impervious surfaces are being maintained to preserve the original line and grade, hydraulic capacity, drainage pattern, configuration, or purpose of the facility. Remodeling of buildings and resurfacing of parking lots, streets, driveways, and sidewalks are examples of routine maintenance, provided that the lower 1/2 of the impervious surface's granular base is not disturbed. The disturbance shall be classified as redevelopment if the lower 1/2 of the granular base associated with the pre-development impervious surface is disturbed or if the soil located beneath the impervious surface is exposed. For purposes of this article, a post-construction site is classified as new development, redevelopment, routine maintenance, or some combination of these three classifications as appropriate.
RUNOFF
Stormwater or precipitation, including rain, snow- or icemelt or similar water, that moves on the land surface via sheet or channelized flow.
SEDIMENT
Settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.
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 part of a publicly owned wastewater treatment works that provides secondary or more stringent treatment.
D. 
Discharges directly or indirectly to waters of the state.
SILVICULTURE ACTIVITIES
Activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.
SITE
The entire portion included in the legal description of the land on which the land development activity is proposed to take place.
SITE RESTRICTION
Any physical characteristic that limits the use of a stormwater best management practice.
SLAMM
A software program known as the "Source Loading and Management Model," designed to provide information on the sources of problem pollutants and the effectiveness of stormwater management practices that can control the problem pollutants at their sources and at outfalls.
STOP-WORK ORDER
An order issued by the Town that requires that all construction activity on the site be stopped immediately.
STORMWATER CONVEYANCE SYSTEM
Any method employed to carry stormwater runoff from a development to waters of the state. Examples of methods include swales, channels, and storm sewers.
STORMWATER MANAGEMENT MEASURE
Structural or nonstructural practices that are designed to reduce stormwater runoff, sediment and pollutant loads, discharge volumes, and/or peak flow discharge rates.
STORMWATER MANAGEMENT PLAN
A document that identifies all actions that will be taken to reduce stormwater quantity, sediment and pollutant loads from the post-development land use condition to levels meeting the requirements of this chapter.
STORMWATER RUNOFF
That portion of precipitation that does not soak into the soil and flows off the surface of the land and into the natural or artificial stormwater conveyance network.
TARGETED PERFORMANCE STANDARD
A performance standard that will apply in a specific area, where additional practices beyond those contained in this article are necessary to meet water quality standards. A total maximum daily load is an example of a targeted performance standard.
TECHNICAL STANDARD
A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
TOP OF THE CHANNEL
An edge, or point on the landscape, landward from the ordinary high-water mark of a surface water of the state, where the slope of the land begins to be less than 12% continually for at least 50 feet. If the slope of the land is 12% or less continually for the initial 50 feet, landward from the ordinary high-water mark, the top of the channel is the ordinary high-water mark.
TOTAL MAXIMUM DAILY LOAD or TMDL
The amount of pollutants specified as a function of one or more water quality parameters, that can be discharged per day into a water quality limited segment and still ensure attainment of the applicable water quality standard.
TR-55
The United States Department of Agriculture Natural Resources Conservation Service, Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986.
TRANSPORTATION FACILITY
A public street, a public road, a public 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 Wisconsin Department of Natural Resources pursuant to § 281.33, Wis. Stats.
TYPE II DISTRIBUTION
A rainfall-type curve as established in the United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published 1973, which is incorporated by reference for this article. The Type II curve is applicable to all of Wisconsin and represents the most intense storm pattern.
WATERS OF THE STATE
Any channel, ditch, stream, lake, or other body of water determined to be under State of Wisconsin authority as defined in § 281.01(18), Wis. Stats.
WPDES
The Wisconsin Pollutant Discharge Elimination System.
WPDES STORMWATER PERMIT
A permit issued by the Wisconsin Department of Natural Resources under § 283.33, Wis. Stats., that authorizes the point source discharge of stormwater to waters of the state and is regulated by Ch. NR 216, Wis. Adm. Code.
A. 
Applicability.
(1) 
Where not otherwise limited by law, this article applies to all post-construction sites, unless otherwise exempt under chapter § 90-5A(2).
(2) 
A post-construction site that meets any of the following criteria is exempt from the requirements of this article:
(a) 
One- and two-family residential dwellings that are not part of a larger common plan of development or sale and that results in less than one acres of disturbance.
(b) 
A post-construction site with less than 10% connected imperviousness, based on area of land disturbance, provided that the cumulative area of all impervious surfaces is less than one acre. However, the exemption of this subsection does not include the exemption from the protective area standard of this article.
(c) 
Nonpoint dischargers from agricultural facilities and practices.
(d) 
Nonpoint dischargers from silviculture activities.
(e) 
Mill and crush operations.
(f) 
Underground utility construction, but not including the construction of any aboveground structures associated with utility construction.
(3) 
Notwithstanding the applicability requirements in § 90-5A(1), this article applies to post-construction sites of any size that, in the opinion of the Town, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that cause undue channel erosion, that increase water pollution by scouring or the transportation of particulate matter or that endanger property or public safety.
B. 
Jurisdiction. This article applies to post-construction sites within the boundaries and jurisdiction of the Town of Ledgeview, as well as all lands located within the extraterritorial plat approval jurisdiction of the Town of Ledgeview, even if plat approval is not involved.
C. 
Exclusions. This article is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats., but also including the Office of District Attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under § 281.33(2), Wis. Stats.
The following methods shall be used in designing and maintaining the water quality, peak discharge, infiltration, protective area, fueling/vehicle maintenance, and swale treatment components of stormwater practices needed to meet the water quality standards of this article:
A. 
Technical standards identified, developed or disseminated by the Wisconsin Department of Natural Resources under Subchapter V of 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 Town.
C. 
In this article, the following year and location have been selected as average annual rainfall: Green Bay, 1969 (March 29-November 25).
A. 
Responsible party. The responsible party shall develop and implement a post-construction stormwater management plan that incorporates the requirements of this section.
B. 
Plan. A written stormwater management plan shall be developed and implemented by the responsible party in accordance with § 90-9. The stormwater management plan shall meet all of the applicable requirements contained in this article.
C. 
Requirements. The stormwater management plan shall meet the following minimum requirements to the maximum practicable.
D. 
Stormwater discharge quantity. Unless otherwise provided for in this chapter, all land development activities subject to this chapter shall establish on-site best management practices (BMPs) to maintain pre-development peak flow rates of stormwater discharged from the site, for post-construction sites with 20,000 square feet or more of impervious surface disturbance and post-construction sites with one acre or more of land disturbance. Infiltration of stormwater runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas shall be incorporated to the maximum extent practical to provide volume control in addition to control of peak flows.
(1) 
All peak flow rates and volumes for pre- and post-development shall be calculated using procedures described in TR-55 for design rainfall events with recurrence intervals of one, two, 10 and 100 years, twenty-four-hour design storms. The pre-development land use condition shall assume "good hydrologic conditions" for land cover as described in the TR-55 method of calculation. The post-development land use condition shall assume "good hydrologic conditions" for land cover as described in the TR-55 method of calculation for the proposed land use cover types. Unless the site is currently woodland, peak pre-development discharge rates shall be determined using the following runoff curve numbers for a "meadow" vegetative cover:
Soil hydrologic group
A
B
C
D
NRCS curve number for meadow
30
58
71
78
NRCS curve number for woodland
30
55
70
77
(2) 
For post-construction sites with less than 20,000 square feet of impervious surface disturbance, prepare a plan that shows how the peak post-development discharge rates are reduced using BMPs from the Wisconsin Department of Natural Resources Technical Standards. These sites are not required to satisfy a numeric stormwater management standard.
(3) 
Sites with a cumulative addition of 20,000 square feet or greater of impervious surfaces after December 16, 2008, are required to satisfy the stormwater management standards.
(4) 
On-site BMPs shall be designed so that the development shall not increase peak flow discharge rates of stormwater runoff from that which would have resulted from the same storm occurring over the site with the land in its pre-development land use condition. Calculations for determining peak flow discharge rates for BMP sizing shall be based on the existing or future proposed land use conditions for off-site areas (whichever results in the highest peak flows) and the future proposed land use conditions for the on-site areas.
(5) 
All stormwater conveyance systems within the proposed development receiving surface runoff from the proposed development shall be designed to completely contain peak discharge storm flows as described in § 90-7D(5)(a), (b), (c) and (d). Calculations for determining peak flow discharge rates for conveyance system sizing shall be based on the existing or future proposed land use conditions for off-site areas (whichever results in the highest peak flows), and the future proposed land use conditions for the on-site areas.
(a) 
For publicly owned or maintained open channel conveyance systems, the peak flow from the twenty-five-year storm shall be completely contained within the channel banks.
(b) 
For publicly owned or maintained storm sewer pipes, the peak flow from the ten-year storm shall be completely contained within the pipes with no surcharging or pressurized flow.
(c) 
Private storm sewer pipes shall be constructed to contain the peak flow from the five-year storm with no surcharging or pressurized flow.
(d) 
The site shall be designed so that on-site areas can safely pass a design rainfall event with a recurrence interval of 100 years without damage to people or property. In addition the site shall not block or impede the flow of water off-site areas.
(6) 
All discharges will be restricted to public drainage systems (including storm sewers and ditches) or to waters of the state. It shall be the responsibility of the applicant to obtain from adjacent property owners any easements or other necessary property interests concerning flowage of water from the proposed development onto private lands when the water had not done so prior to the development.
(7) 
Increases or decreases in the hydrology of natural wetlands shall be minimized to the extent practical. Where such changes are proposed, the impact of the proposal on wetland shall be assessed and shall meet the requirements of Ch. NR 103, Wis. Adm. Code.
(8) 
An adequate outfall shall be provided for each point of concentrated discharge from the post-construction site. An adequate outfall consists of nonerosive discharge velocities and reasonable downstream conveyance.
(9) 
Exemptions. The following transportation facilities are not required to meet the peak discharge requirements of this Subsection D, provided that the transportation facility is not part of a larger common plan of development or sale:
(a) 
A transportation facility 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) 
Except as provided under § 90-7D(4) to (6), a highway reconstruction site.
(c) 
Except as provided under § 90-7D(4) to (6), a transportation facility that is part of a redevelopment project.
E. 
Stormwater discharge quality. BMPs shall be designed, installed and maintained to control pollutants carried in runoff from post-construction sites. The design shall be based on average annual rainfall, as compared to no runoff management controls:
(1) 
For post-construction sites with one acre or more of land disturbance, the following is required:
(a) 
Except as provided in § 90-7E(1)(b) a pollutant reduction is required as follows:
Total Suspended Solids (TSS) and Total Phosphorus (TP) Reduction
New Development
Redevelopment
Routine Maintenance
Watershed
TSS
TP
TSS
TP
TSS
TP
Lower Fox River
80%
30%
65.2%
30%
65.2%
30%
East River
80%
60%
40%
30%
40%
30%
Bower Creek
80%
60%
40%
30%
40%
30%
West Twin River
80%
60%
40%
30%
40%
30%
(b) 
A pollutant reduction is not required for routine maintenance areas that are part of a post-construction site with less than five acres of disturbance.
(2) 
For post-construction sites with less than one acre of disturbance, not in a TMDL watershed, reduce the pollutant loading using BMPs from the Wisconsin Department of Natural Resources Technical Standards or other practices approved by the Town.
(3) 
Sites, including common plan of development sites, with a cumulative addition of 20,000 square feet or greater of impervious surface after December 16, 2008, are required to satisfy the performance standards within § 90-7E(1)(a) and (b).
(4) 
The amount of pollutant control previously required for the site shall not be reduced as a result of the proposed development or disturbance.
(5) 
When designing BMPs, runoff draining to the BMP from off-site areas shall be taken into account in determining the treatment efficiency of the practice. Any impact on the BMP efficiency shall be compensated for by increasing the size of the BMP accordingly. The pollutant load reduction provided by the BMP for an off-site area shall not be used to satisfy the required on-site pollutant load reduction, unless otherwise approved by the Town in accordance with § 90-7E.
(6) 
If the design cannot meet the water quality performance standards of § 90-7E(1) through (5), the stormwater management plan shall include a written, site-specific explanation of why water quality performance standards cannot be met and why the pollutant load will be reduced only to the maximum extent practicable. Except as provided in § 90-7E(6), the Town may not require any person to exceed the applicable water quality performance standard to meet the requirements of the maximum extent practicable.
F. 
Infiltration. Best management practices shall be designed, installed, and maintained to infiltrate runoff in accordance with the following, except as provided Subsection F(8) through (12):
(1) 
For post-construction developments with 20,000 square feet or more of impervious surface disturbance and post-construction developments with one acre or more of land disturbance, the following is required:
(a) 
Low imperviousness. For development up to forty-percent 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 1% of the project site is required as an effective infiltration area.
(b) 
Moderate imperviousness. For development with more than forty-percent and up to eighty-percent 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-construction infiltration volume shall be at least 75% of the pre-development infiltration volume, based on average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the post-construction site is required as an effective infiltration area.
(c) 
High imperviousness. For development with more than eighty-percent connected imperviousness, such as commercial strip malls, shopping centers, and commercial downtowns, infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 60% of the predevelopment infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the post-construction site is required as an effective infiltration area.
(2) 
The pre-development condition shall assume "good hydrologic conditions" for appropriate land covers as identified in TR-55 or an equivalent methodology approved by the administering authority. The meaning of "hydrologic soil group" and "runoff curve number" are as determined in TR-55. The actual pre-development vegetative cover and the following pre-development runoff curve numbers shall be used:
Maximum Pre-Development Runoff Curve Numbers
Vegetative Cover
Hydrologic Soil Group
A
B
C
D
Woodland
30
55
70
77
Grassland
39
61
71
78
Cropland
55
69
78
83
Note to users: A model that calculates runoff volume, such as SLAMM, P8, or an equivalent methodology, may be used.
(3) 
For construction sites with less than 20,000 square feet of new impervious surfaces, infiltrate runoff volume using BMPs from the Town of Ledgeview Stormwater Reference Guide. These sites are not required to satisfy a numeric performance standard.
(4) 
Sites with a cumulative addition of 20,000 square feet or greater of impervious surfaces after the adoption date December 16, 2008, of this article are required to satisfy the performance standards within § 90-7F(1) and (2).
(5) 
The amount of infiltration previously required for the site shall not be reduced as a result of the proposed development or disturbance.
(6) 
When designing BMPs, runoff draining to the BMP from off-site areas shall be taken into account in determining the performance of the practice. Any impact on the BMP performance shall be compensated for by increasing the size of the BMP accordingly. The runoff volume reduction provided by the BMP for an off-site area shall not be used to satisfy the required on-site runoff volume reduction, unless otherwise approved by the Town in accordance with § 90-7E.
(7) 
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 F(14). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(8) 
Source area prohibitions. Runoff from the following areas may not be infiltrated and may not qualify as contributing to meet the requirements of § 90-7F unless demonstrated to meet the conditions of § 90-7F(14):
(a) 
Areas associated with Tier 1 industrial facilities identified in § NR 216.21(2)(a), Wis. Adm. Code, including storage, loading, rooftop and parking. Rooftops may be infiltrated with concurrence of the Town.
(b) 
Storage and loading areas of Tier 2 industrial facilities identified in § NR 216.21(2)(b), Wis. Adm. Code.
(c) 
Fueling and vehicle maintenance areas. Rooftops of fueling and vehicle maintenance areas may be infiltrated with the concurrence of the Town.
(d) 
Agricultural production areas that contain livestock, animal waste, or feed storage.
(9) 
Source area exemptions. Runoff from the following areas may be credited toward meeting the requirement when infiltrated, but the decision to infiltrate runoff from these sources is optional:
(a) 
Parking areas and access roads less than 5,000 square feet for commercial and industrial development.
(b) 
Parking areas and access roads less than 5,000 square feet for industrial development not subject to the prohibitions under § 90-7F(10).
(c) 
Infill areas less than five acres.
(d) 
Redevelopment and routine maintenance areas.
(e) 
Roads in commercial, industrial and institutional land uses, and arterial residential roads.
(10) 
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. Adm. Code, or within the separation distance listed in § NR 812.08, Wis. Adm. Code, for any private well or noncommunity well for runoff infiltrated from commercial, including multifamily residential, industrial, and institutional land uses or regional devices for one- and two-family residential development.
(c) 
Areas where contaminants of concern, as defined in § NR 720.03(2), Wis. Adm. Code, are present in the soil through which infiltration will occur.
(11) 
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 the following:
Separation Distances and Soil Characteristics
Source Area
Separation Distance
(feet)
Soil Characteristics
Industrial, commercial, institutional parking lots and roads
5 or more
Filtering layer
Residential arterial roads
5 or more
Filtering layer
Roofs draining to subsurface infiltration practices
1 or more
Native or engineered soil with particles finer than coarse sand
Roofs draining to surface infiltration practices
Not applicable
All other impervious source areas
3 or more
Filtering layer
(b) 
Notwithstanding § 90-12, applicable requirements for injection wells classified under Ch. NR 815, Wis. Adm. Code, shall be followed.
(12) 
Infiltration rate exemptions. Infiltration practices located in the following area may be credited toward meeting the requirement 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.
(13) 
Alternate uses. Where alternate uses of runoff are employed, such as for toilet flushing, laundry or irrigation, such alternate use shall be given equal credit toward the infiltration volume required by this subsection.
(14) 
Groundwater standards.
(a) 
Infiltration systems designed in accordance with this subsection shall, to the extent technically and economically feasible, minimize the level of pollutants infiltrating to groundwater and shall maintain compliance with the preventive action limit at a point of standards application in accordance with Ch. NR 140, Wis. Adm. Code. However, if site specific information indicates that compliance with a preventive action limit is not achievable, the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable.
(b) 
Notwithstanding Subsection F(14)(a), the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
G. 
Protective areas.
(1) 
"Protective area" means an area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. However, in this subsection, protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location.
(a) 
For outstanding resource waters and exceptional resource waters, 75 feet.
(b) 
For perennial and intermittent streams identified on a United States geological survey 7.5-minute series topographic map, or a county soil survey map, whichever is more current, 50 feet.
(c) 
For lakes, 50 feet.
(d) 
For wetlands not subject to Subsection G(1)(e) or (f), 50 feet.
(e) 
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.
(f) 
For moderately susceptible wetlands, 50 feet. Moderately susceptible wetlands include, but not limited to, shrub wetlands, floodplain forests, fresh wet meadows, deep/shallow marshes, and forested wetlands. Perennial and intermittent streams also fit in this protective area designation.
(g) 
For less susceptible wetlands, 10% of the average wetland width, but no less than 10 feet nor more than 30 feet. Less susceptible wetlands include degraded wetlands dominated by invasive species such as reed canary grass; cultivated hydric soils; and any gravel pits, or dredged material or fill material disposal sites that take on the attributes of a wetland.
(h) 
In Subsection G(1)(a), (d) and (e), determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in § NR 103.03, Wis. Adm. Code.
(i) 
For concentrated flow channels with drainage areas greater than 130 acres, 10 feet.
(2) 
Wetlands shall be delineated. Wetland boundary delineations shall be made in accordance with § NR 103.08(lm), Wis. Adm. Code. This subsection does not apply to wetlands that have been completely filled in accordance with all applicable state and federal regulations. The protective area for wetlands that have been partially filled in accordance with all applicable state and federal regulations shall be measured from the wetland boundary delineation after fill has been placed. Where there is a legally authorized wetland fill, the protective area standard need not be met in that location.
(3) 
This section applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection G(6) below.
(4) 
The following requirements shall be met:
(a) 
Impervious surfaces shall be kept out of the protective area to the maximum extent practicable. If there is no practical alternative to locating the impervious surface in the protective area, the stormwater management plan shall contain a written site-specific explanation for any parts of the protective area that are disturbed during construction.
(b) 
Where land-disturbing construction activity occurs within a protective area, and where no impervious surface is present, adequate sod or self-sustaining vegetative cover of 70% or greater shall be established and maintained. The adequate sod or self-sustaining vegetative cover shall be sufficient to provide for bank stability, maintenance of fish habitat and filtering of pollutants from upslope overland flow areas under sheet flow conditions. Nonvegetative materials, such as rock riprap, may be employed on the bank as necessary to prevent erosion, such as on steep slopes or where high-velocity flows occur.
(c) 
Best management practices, such as filter strips, swales, or wet detention basins, that are designed to control pollutants from nonpoint sources, may be located in the protective area.
(5) 
A protective area established or created after the adoption date December 16, 2008, of this article shall not be eliminated or reduced, except as allowed in Subsection G(6)(b), (c) or (d) below.
(6) 
Exemptions. The following areas are not required to meet the protective area requirements:
(a) 
Redevelopment and routine maintenance areas, provided that the minimum requirements within Subsection G(5) above are satisfied.
(b) 
Structures that cross or access surface waters such as boat landings, bridges and culverts.
(c) 
Structures constructed in accordance with § 59.692(1v), Wis. Stats.
(d) 
Post-construction sites from which runoff does not enter the surface water, except to the extent that vegetative ground cover is necessary to maintain bank stability.
H. 
Fueling and vehicle maintenance areas. Fueling and vehicle maintenance areas shall have BMPs designed, installed, and maintained to reduce petroleum contamination within runoff, such that the runoff that enters the Town's storm sewer system or waters of the state contains no visible petroleum sheen.
I. 
Swale treatment for transportation facilities. This subsection is not applicable to transportation facilities that are part of a larger common plan of development or sale.
(1) 
Applicability. Except as provided in Subsection I(2), transportation facilities that use swales for runoff conveyance and pollutant removal meet all of the requirements of this section, if the swales are designed to the maximum extent practicable to do all of the following:
(a) 
Be vegetated. However, where appropriate, nonvegetative measures may be employed to prevent erosion or provide for runoff treatment, such as rock riprap stabilization or check dams.
(b) 
Swales shall comply with the Wisconsin Department of Natural Resources Technical Standard 1005, "Vegetated Infiltration Swale," except as otherwise authorized in writing by the Wisconsin Department of Natural Resources.
(2) 
Exemptions. The Zoning Administrator may, consistent with water quality standards, require other provisions of this section be met on a transportation facility with an average daily travel of vehicles greater than 2,500 and where the initial surface water of the state that the runoff directly enters is any of the following:
(a) 
An outstanding resource water.
(b) 
An exceptional resource water.
(c) 
Waters listed in Section 303(d) of the federal Clean Water Act[1] that are identified as impaired in whole or in part, due to nonpoint source impacts.
[1]
Editor's Note: See 33 U.S.C. § 1313(d).
(d) 
Waters where targeted performance standards are developed under § NR 151.004, Wis. Adm. Code, to meet water quality standards.
J. 
Exemptions. The Zoning Administrator may waive the minimum requirements for on-site stormwater management practices established in § 90-7D, upon written request of the applicant, provided that at least one of the following conditions applies:
(1) 
Underground utility construction such as water, sewer, gas, electric, telephone, cable television, and fiber optic lines. This exemption does not apply to the construction of any aboveground structures associated with utility construction.
(2) 
The following transportation facilities are exempt, provided that the transportation facility is not part of a larger common plan of development or sale:
(a) 
The reconditioning or resurfacing of a highway.
(b) 
Minor reconstruction of a highway. Notwithstanding this exemption, the protective area requirements within § NR 151.24(6), Wis. Adm. Code, apply to minor reconstruction of a highway.
(c) 
A transportation facility post-construction site with less than ten-percent connected imperviousness based on the area of land disturbance, provided that the cumulative area of all impervious surfaces is less than one acre. Notwithstanding this exemption, the protective area requirements of § 90-7[2] still apply.
[2]
Editor's Note: See Subsection G of this section.
(d) 
Routine maintenance for transportation facilities 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.
(e) 
Routine maintenance if performed for stormwater conveyance system cleaning.
K. 
General considerations for on-site and off-site stormwater management measures. The following considerations shall be observed in managing runoff:
(1) 
Natural topography and land cover features such as natural swales, natural depressions, native soil infiltrating capacity, and natural groundwater recharge areas shall be preserved and used, to the extent possible, to meet the requirements of this section.
(2) 
Emergency overland flow for all stormwater facilities shall be provided to prevent exceeding the safe capacity of downstream drainage facilities and prevent endangerment of downstream property or public safety.
L. 
Location and regional treatment option.
(1) 
General. To comply with § 90-7 performance standards, the BMPs may be located on site or off site as part of a regional stormwater device, practice or system.
(2) 
BMP in nonnavigable waters. For the purposes of determining compliance with the performance standards of § 90-7, the Town may give credit for BMPs that function to provide treatment for runoff from existing development and post-construction runoff from new development, redevelopment, and routine maintenance areas and that are located within nonnavigable waters.
(3) 
BMP in navigable waters. Post-construction runoff from any development within a navigable surface water that flows into a BMP is not required to meet the performance standards of this article if:
(a) 
New development runoff. Except as allowed under § 90-7, BMPs designed to treat post-construction runoff from new development areas may not be located in navigable water, and for purposes of determining compliance with the performance standards of § 90-7, the Town may not give credit for such BMPs.
(b) 
New development runoff exemption. BMPs to treat post-construction runoff from new development area may be located within navigable waters and may be creditable by the Town under § 90-7, if all the following are met:
[1] 
The BMP was constructed prior to October 1, 2002, and received all applicable permits.
[2] 
The BMP functions or will function to provide runoff treatment for the new development area.
(c) 
Existing development and post-construction runoff from redevelopment, routine maintenance, and infill development areas. Except as provided in § 90-7, BMPs designed to treat post-construction runoff for existing development and post-construction runoff from redevelopment, routine maintenance and infill development areas may not be located in navigable water, and for purposes of determining compliance with performance standards of § 90-7, the Town may not give credit for such BMPs.
(d) 
Existing development and post-construction runoff from redevelopment, routine maintenance, and infill development areas exemption. BMPs that function to provide treatment of runoff from existing development and post-construction runoff from redevelopment, routine maintenance and infill development areas may be located within navigable water, and for purposes of determining compliance with performance standards of § 90-7, the Town may give credit for such BMPs, if any of the following are met:
[1] 
The BMP was constructed, contracts were signed and bids advertised and all applicable permits were received prior to January 1, 2011.
[2] 
The BMP is on an intermittent waterway and all applicable permits are received.
(4) 
Off-site or regional BMP.
(a) 
The amount of credit the Town may give an off-site or regional BMP for purposes of determining compliance with the performance standards of § 90-7 is limited to the treatment capacity or performance of the BMP.
(b) 
The Town may authorize credit for an off-site or regional BMP, provided that all the following conditions are satisfied:
[1] 
The BMP received all applicable permits.
[2] 
The BMP shall be installed and operational before the construction site has undergone final stabilization.
[3] 
The BMP shall be designed and adequately sized to provide a level of stormwater control equal to or greater than that which would be afforded by on-site BMPs meeting the § 90-7 performance standards.
[4] 
The owner of the BMP has entered into a maintenance agreement with the Town, or other municipal entity, such that the BMP has a legally obligated entity responsible for its long-term operation and maintenance. Legal authority exists if a municipality owns, operates, and maintains the BMP.
[5] 
The owner of the BMP has provided written authorization which indicates the permit applicant may use the BMP for § 90-7 performance standards compliance.
[6] 
Where an off-site or regional BMP option exists such that the Town 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 Town. In determining the fee for post-construction runoff, the Town shall consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of the off-site or regional BMP.
(5) 
Water quality trading. To comply with § 90-7 performance standards, the Town may authorize credit for water quality trading, provided that all of the following conditions are satisfied:
(a) 
The treatment practices associated with a water quality trade shall be in place, effective and operational before credit can be authorized.
(b) 
The water quality trade shall comply with applicable trading ratios established by the Wisconsin Department of Natural Resources or the Town.
(c) 
The water quality trade shall comply with applicable regulations, standards, and guidance by the Wisconsin Department of Natural Resources or the Town.
(d) 
The responsible party shall furnish a copy of executed water quality trading agreements or other related information deemed necessary by the Town in order to authorize credit.
(6) 
Targeted performance standards. The Town may establish numeric water quality requirements that are more stringent than those set for in § 90-7 in order to meet target performance standards, total maximum daily loads, and/or water quality standards for a specific water body or area. The numeric quality requirements may be applicable to any permitted site, regardless of the size of land-disturbing construction activity.
(7) 
Alternate requirements. The Zoning Administrator may establish stormwater management requirements more stringent than those set forth in this section if the Zoning Administrator determines that an added level of protection is needed to protect sensitive resources. Also, the Zoning Administrator may establish stormwater management requirements less stringent than those set forth in this section if the Zoning Administrator determines that less protection is needed to protect sensitive resources and provide reasonable flood protection. However, the alternative requirements shall not be less stringent than those requirements promulgated in rules by Wisconsin Department of Natural Resources under Ch. NR 151, Wis. Adm. Code.
A. 
Permit required. No landowner or other person or entity may undertake a land development activity subject to this chapter without receiving a permit from the Zoning Administrator prior to commencing the proposed activity.
B. 
Permit application and fee. Unless specifically exempted by this chapter, any landowner or other person or entity desiring a permit shall submit to the Zoning Administrator a permit application.
(1) 
Unless otherwise exempted by this chapter, a permit application must be accompanied by the following in order for the permit application to be considered by the Zoning Administrator:
(a) 
A stormwater management plan;
(b) 
A maintenance plan and a maintenance agreement;
(c) 
Any easements which may be required over downstream property;
(d) 
A copy of plans and specifications for all stormwater facilities;
(e) 
A nonrefundable permit administration fee; and
(f) 
Performance security, if applicable by § 90-11.
(2) 
The stormwater management plan shall be prepared to meet the requirements of § 90-9 of this chapter, and the maintenance agreement shall be prepared to meet the requirements of § 90-10 of this chapter.
(3) 
Review fees shall be those incurred by the Town and billed to the applicant for actual expenses charged to the Town by its consultants to review the stormwater management plan and administrative costs incurred by the Town.
C. 
Review and approval of permit application. The Zoning Administrator shall review any permit application that is submitted with the items required under § 90-8B. The following procedure shall apply:
(1) 
Within 30 business days of the receipt of a complete permit application, including all documents as required by § 90-8B, the Zoning Administrator shall inform the applicant whether the application, stormwater management plan and other required documents are approved or disapproved. The Zoning Administrator shall base the decision on requirements set forth in this chapter.
(2) 
If the stormwater permit application, stormwater management plan, and other documents are approved, the Zoning Administrator shall issue the permit.
(3) 
If the stormwater permit application, stormwater management plan and other documents are disapproved, the applicant may revise the application and other documents.
(4) 
If additional information is submitted by the applicant, the Zoning Administrator shall have 30 business days from the date the additional information is received to inform the applicant that the application, stormwater management plan and other documents are either approved or disapproved.
(5) 
Failure by the Zoning Administrator to inform the permit applicant of a decision within 30 business days of a required submittal shall be deemed approval of the submittal. Upon notice to the applicant prior to expiration of the thirty-business-day period, the Zoning Administrator may extend the time for review of the application beyond 30 business days for complex projects.
D. 
Permit conditions. All permits issued under this chapter shall be subject to the following conditions, and holders of permits issued under this chapter shall be deemed to have accepted these conditions. The Zoning Administrator may suspend or revoke a permit for violation of a permit condition upon written notification to the permittee. An action by the Zoning Administrator to suspend or revoke this permit may be appealed in accordance with § 90-14 of this chapter.
(1) 
Compliance with this permit does not relieve a permittee from the responsibility to comply with other applicable federal, state, and local laws and regulations.
(2) 
A permittee shall design, install, and maintain all structural and nonstructural stormwater management measures in accordance with the approved stormwater management plan and other documents.
(3) 
A permit holder shall notify the Zoning Administrator at least 10 business days before commencing any work in conjunction with the stormwater management plan and within 10 business days upon completion of the stormwater management practices. If required as a special condition, the permit holder shall make additional notification according to a schedule set forth by the Zoning Administrator so that practice installations can be inspected during construction.
(4) 
Completed stormwater management practices must pass a final inspection to determine if they are in accordance with the approved stormwater management plan and ordinance. The Zoning Administrator or other competent professionals identified by the Zoning Administrator shall make the inspection. The Zoning Administrator shall notify a permittee in writing of any changes required in such practices to bring them into compliance with the conditions of this permit.
(5) 
A permittee shall submit any proposed modifications to an approved stormwater management plan in writing to the Zoning Administrator at least 30 days prior to execution. The Zoning Administrator may require that a proposed modification be submitted as an original permit application for approval prior to incorporation into the stormwater management plan and execution.
(6) 
A permittee shall maintain all stormwater management practices specified in the approved stormwater management plan until the practices either become the responsibility of the Town or are transferred to subsequent private owners as specified in the approved maintenance agreement.
(7) 
The permittee shall inspect the BMPs annually and after runoff events in accordance with stormwater management plan reference in section § 90-9. The permittee shall have a licensed professional submit a stamped written inspection report to the Town for review and approval every five years.
(8) 
The Zoning Administrator shall assure that any work or operations necessary to bring stormwater management measures into conformance with an approved stormwater management plan is performed. All costs incurred by the Town shall be paid by the permittee. Any costs not paid timely by the permittee shall be placed upon the tax roll as a special charge against the property pursuant to § 66.0627, Wis. Stats.
(9) 
If so directed by the Zoning Administrator, a permittee shall repair, at the permittee's expense, all damage to adjoining Town facilities and drainageways caused by stormwater runoff where such damage is caused by activities that are not in compliance with the approved stormwater management plan.
(10) 
A permittee shall permit property access to the Zoning Administrator and his assignees for the purpose of inspecting the property for compliance with the approved stormwater management plan and this permit.
(11) 
Where a stormwater management plan involves direction of some or all runoff off site, it shall be the responsibility of the permittee to obtain from adjacent property owners any easements or other necessary property interests concerning flowage of water. Issuance of this permit does not create or affect any such rights.
(12) 
A permittee is also subject to the enforceable actions detailed in § 90-13 of this chapter if the permittee fails to comply with the terms of a permit.
E. 
Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the Zoning Administrator notifies the permittee that all stormwater management practices have passed the final inspection or the permit is suspended or revoked pursuant to § 90-13 of this chapter.
A. 
Plan requirements. All site investigations, plans, designs, computations, and drawings shall be certified by a registered professional engineer in the State of Wisconsin to be prepared in accordance with accepted engineering practice and in accordance with criteria set forth by this chapter. The stormwater management plan required under § 90-9 of this chapter shall contain the following:
(1) 
Name, address and phone number for the landowner, the developer, the project engineer and person(s) responsible for maintenance of the design.
(2) 
A legal description of the property to be developed.
(3) 
Pre-development land use conditions, including:
(a) 
Site map(s), location, soil type(s), existing cover and condition, contours, existing drainage, watershed boundary, and stormwater ditches on or adjacent to the site.
(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 land use conditions, including:
(a) 
Explanation of provisions to preserve/use natural topography and undisturbed land in order to minimize changes in peak flow and/or volume of runoff for post-construction site.
(b) 
Explanation of any restrictions on stormwater in the development area.
(c) 
Site map(s) showing post-construction pervious areas, including vegetative cover type and condition, impervious surfaces, post-construction contours and drainage, drainage easements, maintenance agreements and easements, stormwater conveyance systems, on- and off-site drainage area, watershed boundaries, and any changes to lakes, streams, wetlands, channels, ditches, and watercourses on or adjacent to the site.
(d) 
Total area of disturbed impervious surfaces within the site, and total area of new impervious surfaces within site.
(e) 
Hydrology and pollutant loading as required.
(f) 
Proposed best management practices.
(g) 
Results of any soil or groundwater testing required for the placement of any BMP designs, including detailed drawings and cross sections of stormwater conveyance systems.
(h) 
Separation distances. Stormwater management practices shall be adequately separated from wells to prevent contamination of drinking water.
(5) 
Installation schedule and maintenance plans for BMPs.
(6) 
Cost estimates, site investigations, plans, designs, computations, and drawings for any BMPs.
(7) 
Any other information requested by the Town.
B. 
Exceptions. The Zoning Administrator may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 90-7K of this chapter.
A. 
Maintenance agreement required. The maintenance agreement required for stormwater management practices under § 90-8B of this chapter shall be an agreement between the Town and the permittee. The agreement shall be recorded as a property deed restriction by the permit applicant with the County Register of Deeds so that it is binding upon all subsequent owners of land served by the stormwater management practices.
B. 
Agreement provisions. The maintenance agreement shall contain the following provisions:
(1) 
Identification of the stormwater facilities and designation of the drainage area served by the facilities.
(2) 
The landowner shall maintain stormwater management practices in accordance with the stormwater practice maintenance provisions contained in the approved stormwater management plan submitted under § 90-8B of this chapter.
(3) 
The Zoning Administrator is authorized to access the property to conduct inspections of stormwater practices as necessary to ascertain that the practices are being maintained and operated in accordance with the approved stormwater management plan.
(4) 
The Zoning Administrator shall maintain public records of the results of the site inspections, shall inform the landowner or other person or entity responsible for maintenance of the results of any inspection, and shall specifically indicate any corrective actions required to bring the stormwater management practice into proper condition and a reasonable time frame in which the corrective action must be taken.
(5) 
The Zoning Administrator is authorized to perform the corrected actions identified in the inspection report if the landowner or other person or entity fails to make the required corrections in the specified time period. The Town shall charge the landowner for the cost of such work and, upon failure to receive payment for such work, shall levy a special charge on the property pursuant to § 66.0627, Wis. Stats.
C. 
Alternate requirements. The Zoning Administrator may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.
D. 
Termination of agreement. The maintenance agreement shall be terminated at such time that responsibility for maintenance of the stormwater management practice is legally transferred to the Town or agency acceptable to the Town, through a written, binding agreement. The termination date of the maintenance agreement required under § 90-8B shall be the date upon which the legal transfer of maintenance responsibility to the Town or other agency is made effective.
A. 
Establishment of the guaranty. The Zoning Administrator may require the submittal of a financial guaranty, the form and type of which shall be acceptable to the Zoning Administrator. The financial guaranty shall be in an amount determined by the Zoning Administrator to be 125% of the estimated cost of construction. The financial guaranty shall give the Zoning Administrator the authorization to use the funds to complete the project if the landowner defaults or does not properly implement the approved stormwater management plan.
B. 
Conditions for release. Conditions for release of the financial guaranty are as follows:
(1) 
The Zoning Administrator shall release the portion of the financial guaranty established to assure installation of stormwater practices, minus any costs incurred by or on behalf of the Zoning Administrator to complete installation of stormwater practices, upon submission of "as-built plans" by a licensed professional engineer. The Zoning Administrator may make provisions for a partial pro rata release of the financial guaranty based on the completion of stages of the stormwater management system.
(2) 
The Zoning Administrator shall determine if the responsible party has performed the maintenance of the stormwater management practices in accordance with the maintenance agreement. The maintenance shall be performed to the satisfaction of the Zoning Administrator.
C. 
Alternate requirements. The Zoning Administrator may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.
A. 
Discharge to sanitary sewers. No person shall discharge any clear water by means of sump pump or roof drains into any sanitary sewer, and no person shall permit rainwater or surface water to drain directly into any sanitary sewer.
B. 
Discharge to storm sewer. All clear water shall discharge directly into a storm sewer where such sewer is available, and the Director of Public Works may direct such connection if he deems it necessary and in the public interest.
(1) 
Permit required. No person shall open any street, alley or other public place for the purpose of connecting to a storm sewer or other terminal without first obtaining from the Director of Public Works a written permit to open such street, alley or public place.
(2) 
Inspection. Any person receiving a permit to connect to a storm sewer shall notify the Street Superintendent whenever the work is ready for inspection. All work shall be left uncovered until examined and approved by the Superintendent.
C. 
Discharge to public streets. No person shall discharge any clear water directly into a public street or alley from November 1 to March 31, inclusive. No person shall discharge any clear water directly into a public street or alley from April 1 to October 31, inclusive, without first obtaining a written permit to do so from the Director of Public Works.
D. 
Other discharges.
(1) 
Where a storm sewer is not available, the discharge of clear water shall be either:
(a) 
Into a underground conduit leading into a drainage ditch; or
(b) 
Onto the ground surface at least one foot sloping away from the building foundation and directed toward the front or rear lot line.
(2) 
Such discharge shall not be directed so as to flow on adjacent property, nor shall the discharge be allowed to accumulate and create ponds of standing water or other public nuisance. Nothing contained in this subsection shall act to relieve a person from complying with the other provisions of this section.
E. 
Correction; penalty. Any person who is the owner of any building or land wherein there is a violation of the provisions of this section shall cause the violation to be corrected within a maximum of 60 days after being notified in writing by the Director of Public Works, whose duty it shall be to enforce this section. Any person who shall thereafter continue to violate the provisions of this section shall be subject to the forfeiture provided for violation of this chapter. Nothing in this section shall preclude the Town from maintaining any other appropriate action to prevent or remove a violation of this section.
A. 
Any activity initiated after the effective date of this chapter by any person or entity subject to the provisions of this chapter shall be deemed a violation unless conducted in accordance with said provisions.
B. 
The Zoning Administrator may issue a citation or a notice of violation in order to correct any violation of this chapter. A notice of violation shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action that may be taken.
C. 
Upon receipt of written notification from the Zoning Administrator, a permittee shall correct work that does not comply with the stormwater management plan or other provisions of the permit within 30 days. A permittee shall make corrections as necessary to meet the specifications and schedule set forth by the Zoning Administrator in the notice.
D. 
The Zoning Administrator may issue a stop-work order on any land development activity that is taking place in violation of this article.
E. 
The Zoning Administrator may suspend or revoke a permit issued under this article for noncompliance with the provisions of this chapter.
F. 
Any permit revocation or stop-work order shall remain in effect unless retracted by the Zoning Administrator or by a court of competent jurisdiction.
G. 
Any person or entity who fails to comply with any provision of this chapter or order issued hereunder shall be subject to a forfeiture under § 1-16A(5) of this Code.
H. 
When the Zoning Administrator determines that a permittee has failed to follow practices set forth in the stormwater management plan submitted and approved pursuant to this chapter or has failed to comply with schedules set forth in said stormwater management plan, the Zoning Administrator or a party designated by the Zoning Administrator may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with the requirements of the approved stormwater management plan. The Zoning Administrator shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial guaranty posted pursuant to § 90-11 of this chapter. Where a financial guaranty has not been established or where such financial security is insufficient to cover these costs, the costs and expenses shall be billed to the landowner and upon default of payment shall be entered on the tax roll as a special charge against the property pursuant to § 66.0627, Wis. Stats., and collected with any other taxes levied thereon for the year in which the work is completed.
I. 
Nothing in this article shall limit or exclude the Town from taking any other action under any Town municipal code, state statute, or other remedy allowed by law.
A. 
Town Board. The Town Board shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Zoning Administrator in administering this chapter. The Town Board shall also use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals. Upon appeal, the Town Board may authorize variances from the provisions of this chapter which are not contrary to the public interest and where owing to special conditions a literal enforcement of this chapter will result in unnecessary hardship.
B. 
Who may appeal. Appeals to the Town Board may be taken by any aggrieved person or by an officer, department, board or bureau of the Town affected by any decision of the administering authority.
If any section, clause, provision or portion of this chapter is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the article shall remain in force and not be affected by such judgment.
[Adopted 9-21-2010 by Ord. No. 2010-013]
A. 
The Town of Ledgeview finds that the management of stormwater and other surface water discharges within and beyond its borders is a matter that affects the public health, safety, and welfare of the Town, its citizens, businesses, and others in the surrounding area. The development of land increases impervious surfaces and results in increased stormwater runoff. Surface water runoff may create erosion of lands, threaten businesses and residences with water damage and create sedimentation and other environmental damage in surrounding areas. Specific requirements have been placed on the Town through the Wisconsin Department of Natural Resources (DNR), Ch. NR 216, Wis. Adm. Code, requiring the Town to improve the quality of stormwater discharged to the waters of the state.
B. 
The cost of operating and maintaining the Town stormwater management system, ensuring regulatory compliance, and financing necessary plans, studies, repairs, replacements, improvements and extension thereof should, to the extent practicable, be allocated in relationship to the benefits enjoyed and services received therefrom.
A. 
In order to protect the health, safety and welfare of the public, Town assets, and natural resources, the Town Board hereby exercises its authority to establish the Town of Ledgeview's Stormwater Utility and set the rates for stormwater management services.
B. 
The Town Board shall operate and manage the Stormwater Utility.
C. 
The Town is acting under the authority of Chapters 60 and 66 of the Wisconsin Statutes, and particularly without limitation the following sections: §§ 66.0809, 66.0811, and 66.0821. In addition, since the Town Meeting has granted village powers, the Town is exercising the power conferred upon village boards under Ch. 61, Wis. Stats., including, but not limited to § 61.34, Wis. Stats.
A. 
Creation and supervision. The Town of Ledgeview hereby establishes a Stormwater Utility. The operation of the Stormwater Utility shall be subject to the review of the Board. The Administrator shall be responsible for the maintenance and management of the Stormwater Utility under direction of the Board.
B. 
Facilities. The Town, through the Stormwater Utility, may acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, dredge, repair, conduct, manage, and finance such facilities as are deemed by the Town to be proper and reasonably necessary for a system of stormwater and surface water management. These facilities may include, but are not limited to, land, surface and underground drainage facilities, storm sewers, watercourses, ponds, ditches, street sweepers, leaf vacuums and such other facilities and equipment relating to collection of runoff, sediments, and other pollutants as will support a stormwater management system, whether such facilities are owned and operated directly by the Town or are provided under statutory or contractual provisions and furnishings of which facilities create or impose a cost or charge upon the Town for the services afforded by such facilities.
C. 
Transfer of assets and outstanding debt. Effective January 1, 2011, the following assets and debts of the Town are hereby transferred to the Stormwater Utility:
(1) 
The land rights and improvements of the Town, including such other rights as determined to exist, and equipment for the following components of the public stormwater system:
(a) 
Storm sewers, catch basins, and culverts;
(b) 
Stormwater ponds, and related appurtenances;
(c) 
Access structures;
(d) 
Greenways;
(e) 
Street sweepers, leaf vacuums, trucks, loaders, backhoes, pumps, and other maintenance equipment.
(2) 
Debt service on all outstanding general obligation debt issued for stormwater management purposes.
D. 
Rates and charges. The Town may establish such rates and charges as are necessary to finance planning, design construction, maintenance, administration, and operation of the facilities in accordance with the procedures set forth in this article.
E. 
Budgeting process. The Stormwater Utility Administrator shall prepare an annual budget, which is to include all operation and maintenance costs, debt service, administrative fees, and other costs related to the operation of the Stormwater Utility. The costs shall be spread over the rate classification as determined by the Board. The budget is subject to the public hearing and approval process, set forth in § 65.90, Wis. Stat.
F. 
Excess revenues. The Stormwater Utility will retain any excess of revenues over expenditures in a year in a segregated Stormwater Enterprise Fund, which shall be used exclusively for purposes consistent with this article.
G. 
Financing methods. The Town Board has the authority as provided in §§ 66.0821, 66.0627 and 66.0703 and may exercise such authority with respect to all financing methods such as user charges, special charges, special assessments and liens as provided therein.
In this article the following terms have the meanings set forth below:
AGRICULTURAL LAND USES
Related to or used for production of food and fiber, including but not limited to general farming, livestock and poultry enterprises, grazing, nurseries, horticulture, viticulture, truck farming, forestry, sod production, cranberry productions, and wild crop harvesting and includes lands for on-site buildings and other structures necessary to carry out such activities.
CUSTOMER
Any person, owner or occupant, firm partnership, cooperative, municipality, organization, governmental agency or political entity provided with stormwater management services by the Town of Ledgeview Stormwater Utility.
DETENTION STORAGE
The temporary detaining or storage of stormwater in reservoirs under predetermined and controlled conditions, with the rate of discharge regulated by installed devices.
DEVELOPED PROPERTY
The real property that has been altered from its natural state by the addition of any improvements that may include a building, structure, impervious surface, change in grade or landscaping, agricultural use of property; or property that has been graded for residential or commercial development.
DUPLEX UNIT
A residential space containing two dwelling units.
DWELLING UNIT
One or more rooms that are arranged, designed, or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall always be included for each dwelling unit.
EQUIVALENT RUNOFF UNIT or ERU
The statistical average of horizontal impervious area of "single-family homes" within the Town of Ledgeview on the date of the adoption of the article. The horizontal impervious area includes, but is not limited to, all areas covered by structures, roof extensions, patios, porches, driveways, and sidewalks.
FARMSTEAD HOME SITE
That portion of any agricultural property which contains one or more dwelling units, and vehicle garage regardless of whether the dwelling units are on a separate lot or parcel.
IMPERVIOUS AREA or IMPERVIOUS SURFACE
Areas that have been paved, covered or compacted to inhibit the natural infiltration of water into the soil or cause water to run off the area in greater quantities or at an increased rate of flow from that present under the natural conditions as undeveloped property. Such areas may include, but are not limited to, all areas covered by structures, roofs, roof extensions, patios, porches, driveways, sidewalks, pavement, gravel, athletic courts, and compacted surfaces, private roads, and parking lots. Excluded from this definition are undisturbed land, lawn, fields, and public streets.
LOT
A parcel of land having a width and depth sufficient for one principal building and its accessory building together with open spaces required by the Town of Ledgeview Zoning Ordinance[1] and abutting a public street or access easement.
MULTIFAMILY UNIT
A residential space consisting of three or more dwelling units within a single building, including apartments, residential condominiums, and townhouses.
NONRESIDENTIAL PROPERTY
Any developed lot or parcel other than residential property as defined herein, including, but not limited to, transient rentals (such as hotels and motels), mobile home parks, commercial, industrial, institutional, governmental property, parking lots, and agricultural accessory buildings.
PARCEL
A legal unit of land division as recorded in the Brown County Register of Deeds.
RESIDENTIAL PROPERTY
Any lot, parcel or farmstead home site with or without a vehicle garage developed exclusively for residential purposes, including single-family homes, duplex units, multifamily units, manufactured homes and condominiums but not including transient rentals (such as hotels and motels) and mobile home parks.
RUNOFF
The surface water, including rain and snowmelt, which is inhibited by impervious surfaces from naturally infiltrating into soil.
SINGLE-FAMILY HOME
Any residential property consisting of a single dwelling unit.
STORMWATER SYSTEM
All public storm sewers, drainage conduits, drainage conveyances, roadside ditches, curb and gutter, and public greenways, and all improvements thereto which by this section are constituted as the property and responsibility of the Stormwater Utility, to be operated to, among other things, conserve water, control discharges necessitated by rainfall events, snowmelt or melting ice, incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, environmental degradation and water pollution or otherwise affect the quality and quantity of discharge from such system.
STORMWATER UTILITY
The utility established under this article for the purpose of managing stormwater and imposing charges for the recovery of costs connected with such stormwater management services.
UNDEVELOPED PROPERTY
Property that has not been altered by the addition of any improvements such as building, structure, change of grade or substantial landscaping; a property shall be considered developed pursuant to this article upon issuance of a certificate of occupancy or upon substantial completion of construction or final inspection if no such certificate is issued or where construction is at least 50% complete and construction is halted for a period of three months.
[1]
Editor's Note: See Ch. 135, Zoning.
A. 
The Stormwater Utility shall establish a uniform system of stormwater service charges that shall apply to each and every developed lot or parcel within the Town. It shall be the policy to establish stormwater service charges in such amount in order to pay for all or a part of the operation and maintenance, administrative fees, debt service, and other costs related to the operation of the stormwater management utility. The Stormwater Utility may establish and modify stormwater service charges, as necessary, so as to assure that the charges generate adequate revenues to pay the costs of the stormwater management program and that the costs are allocated fairly and proportionately to all developed parcels in the Town.
B. 
By this article, the Stormwater Utility is establishing the basis for the rates that will be used to calculate and impose a charge upon each developed lot and parcel within the Town for services and facilities provided by the Stormwater Utility consistent with this article. Charges imposed under this chapter are in addition to assessments imposed by resolution of the Town of Ledgeview Municipal Code.
C. 
The amount of the charge to be imposed, for each customer classification shall be made by resolution of the Town Board. The current rates will be set forth in a Stormwater Utility Rate Table and kept on file in the office of the Town Clerk. The rates shall be reviewed by the Town Board on an annual basis and adjusted as necessary.
D. 
Charges shall be imposed to recover all or a portion of the costs for the Stormwater Utility set forth in § 90-25A. Such charges may include the following components:
(1) 
Base charge (BC). The base charge may be imposed on all developed property in the Town. The base charge will be designed to reflect the fact that all developed properties benefit from the stormwater management activities of the Town and that all developed properties contribute in some way to the stormwater discharge that must be managed by the Town. The base charge will be designed to collect the fixed administrative costs of the storm sewer utility and the portion of capital costs not covered by other means.
(2) 
Equivalent runoff unit (ERU) charge. The ERU charge shall be imposed for all developed property in the Town based upon the amount of impervious area as reasonably determined by the Town under § 90-27.
(3) 
Development charge (CC). A one-time charge may be imposed when a property is converted from undeveloped to developed property or otherwise becomes connected to the Town stormwater system. The charge may vary based on the size of the parcel.
E. 
The Stormwater Utility may make such other classifications in accordance with § 90-27 as will be likely to provide reasonable and fair distribution of the costs of the Stormwater Utility. In so doing, the Board may provide credits against certain charges set for the above facilities installed and maintained by the property owner for the purpose of lessening the stormwater flow from that given property.
F. 
The Town of Ledgeview is hereby appointed as the collection agency for the Stormwater Utility. Bills shall be prepared by the Stormwater Utility or its agent and sent to the owner a minimum of 30 days prior to such bill being due pursuant to § 90-28 of each premises served. The Stormwater Utility shall allocate the actual cost of billing and collecting as a base charge.
A. 
The Stormwater Utility may provide credits against the ERU charge pursuant to § 90-26C(1). The Stormwater Utility will not provide credits against the base charge or connection charge, unless a scrivener error is made and it is determined that the property owner paid an erroneous charge. The base charge shall include the following:
(1) 
Base charge: the portion of the stormwater charge that is applied to each residential, commercial, industrial and public entity customer where the charge arises from the administrative and general expenses of the Stormwater Utility. The fixed costs shall include the following:
(a) 
Stormwater salaries, social security and fringe benefits based upon percentage of time spent by Town employees on stormwater management and related overhead functions;
(b) 
Audit; costs for audits of the Stormwater Utility;
(c) 
Stormwater facility rental cost;
(d) 
Allocated share of liability, property and workers' compensation insurance costs;
(e) 
Stormwater newsletter expenses;
(f) 
Stormwater office supplies;
(g) 
Stormwater equipment maintenance;
(h) 
Stormwater education and travel;
(i) 
Stormwater street sweeping; and
(j) 
Stormwater sinking fund.
(2) 
ERU charge: the portion of the stormwater charge reflecting the costs incurred by the Stormwater Utility related to activities in the construction, maintenance and operations of the Town stormwater management system, including costs related to acquisition of land and land rights, structures and improvements, accessories, dry and wet stormwater detention basins, swales, storm sewers, outfall limited release stormwater structures such as weir structures, treatment of and removal of solids from existing stormwater structures. These costs include variable portions of:
(a) 
Stormwater salaries, social security and fringe benefits;
(b) 
Stormwater overtime;
(c) 
Stormwater legal services;
(d) 
Stormwater engineering services;
(e) 
Stormwater detention basin maintenance;
(f) 
Stormwater storm sewer maintenance;
(g) 
Stormwater yard waste services;
(h) 
Stormwater monitoring and testing;
(i) 
Stormwater locates;
(j) 
Allocated costs for facilities based in the Ledgeview Municipal Building used by employees who have a percentage of their labor time allocated to the Stormwater Utility;
(k) 
Stormwater equipment rental;
(l) 
Stormwater operating supplies;
(m) 
Stormwater capital projects; and
(n) 
Debt service from stormwater capital projects.
B. 
To be entitled to consideration for a credit, the property owner shall file an application together with a review fee with the Stormwater Utility that is supported by documentation from a professional engineer and demonstrates the conditions of this section has been met. The application is subject to review and approval of the Stormwater Utility. The Stormwater Utility may deny the application unless the property owner agrees to pay for the necessary engineering services.
C. 
Credits may be provided under the following circumstances:
(1) 
A nonresidential property owner may seek a credit on the ERU charge where it has installed and maintained an on-site stormwater management system that both mitigates flood impacts and provides treatment of pollutants in stormwater runoff utilizing a design providing management in excess of that required to comply with the standards specified in Chapter 90, Article I, that has been approved by the Utility.
D. 
No credit shall be considered for any "natural" features, including, but not limited to, wetlands, streams and creeks, floodplains, or water impoundment of any kind in existence prior to the passage of this article.
E. 
The Stormwater Utility may revoke the credit if the basis for the credit has materially changed. The Stormwater Utility shall provide at least 30 days' advance written notice of any proposed revocation.
F. 
A denial or revocation of any credit may be appealed under § 90-29.
A. 
For purposes of imposing the base and ERU charges, all lots and parcels within the Town shall be classified into the following five customer classes:
(1) 
Residential: single-family, including farmstead home sites.
(2) 
Residential: duplex.
(3) 
Residential: multifamily.
(4) 
Nonresidential.
(5) 
Undeveloped.
B. 
The Stormwater Utility shall prepare a list of lots and parcels within the Town of Ledgeview and assign a customer classification of residential, nonresidential, or undeveloped to each lot or parcel.
C. 
The average square footage of impervious area of one ERU is established to be equivalent to 5,800 square feet.
D. 
ERUs shall be calculated per classification as follows:
(1) 
Residential, single-family, including mobile homes: one ERU.
(2) 
Residential, duplex: 0.75 ERU for each dwelling unit.
(3) 
The charges imposed for the multifamily and nonresidential properties, as defined herein, shall be the rate for one ERU, multiplied by the numerical factor obtained by dividing the total impervious area of multifamily or nonresidential property by the square footage of one ERU. The factor shall be rounded down to the nearest 1/10, i.e., impervious area in square feet.
___________________
5,800 square feet
= 1 ERU rate
e.g., 20,500 square feet
5,800 square feet
= 3.534 ERUs = 3.5 ERUs
E. 
The Stormwater Utility/consultant shall be responsible for determining the impervious area, based upon the best available information, including, but not limited to, data supplied by the Town, aerial photography, the property owner, tenant, or developer. The Stormwater Utility/consultant may require additional information, as necessary, to make the determination. The billing amount shall be updated by the Stormwater Utility/consultant on any additions to the impervious area. Upon the property owner's written notification and request, the Stormwater Utility/consultant shall review impervious area for possible reductions.
F. 
All unoccupied developed lots and parcels shall be subject to the Stormwater Utility charges. Upon filing of a final plat or certified survey map, a charge of 0.5 ERU times the rate shall be imposed on each newly created undeveloped lot where such property discharges stormwater into stormwater facilities constructed, financed or maintained by the Stormwater Utility.
G. 
All agricultural lands and parcels, including agricultural classified properties, shall be subject to the Stormwater Utility charges. The minimum charges for any undeveloped parcel shall be equal to the rate of 20% of one ERU per parcel up to 100 acres. An eighty-percent credit shall be given for agricultural buildings being used on an active farm and zoned as agricultural or exclusive agricultural. An active farm is one where the farming operation on said parcel produces the majority of income for that owner.
[Amended 10-16-2012 by Ord. No. 2012-012]
A. 
Stormwater Utility charges may be billed in advance either on the utility bills issued by Ledgeview Sanitary District No. 2, where such service exists, or on an annual basis or collected as a special charge pursuant to § 66.0627, Wis. Stats., for areas not yet served by Ledgeview Sanitary District No. 2. Nothing in this subsection shall be construed to preclude the Stormwater Utility from billing on a more frequent basis.
B. 
The property owner is held responsible for all stormwater service charges on real property that he or she or it owns. All stormwater bills and notices of any nature relative to the stormwater management program will be addressed to the owner and delivered with reasonable care to the addressee by first-class mail. A failure to receive a stormwater service charges bill shall not relieve any person of the responsibility for payment of stormwater service charges within the prescribed period nor exempt any party from any penalty imposed for delinquency in payment thereof.
C. 
The Stormwater Utility shall establish billing procedures and may bill charges on the same invoice as water and sewer charges. Interest on late payments may be charged not to exceed 1.5% per month. On October 15 of each year, the Town Treasurer shall cause a notice to be mailed or delivered to the owner or occupant of any parcel to which Stormwater Utility charges, plus any interest, are in arrears. All balances in arrears on November 1 of each year shall become a lien on the parcel and shall be inserted on the tax rolls for collection in accordance with § 66.0809(3), Wis. Stats., as amended. Stormwater Utility charges shall not be paid in installments.
D. 
All delinquent charges shall be subject to a three-percent penalty per quarter in addition to all other charges, including prior penalties that exist when the delinquent charge is extended upon the tax roll.
A. 
The Stormwater Utility charge, a determination of ERUs, or ERU credits may be appealed by filing a written appeal with the Stormwater Utility prior to the utility charge due date if not paid or within 30 days of payment. The appeal shall specify all bases for the challenge and the amount of the stormwater charge the appellant asserts is appropriate. Failure to file a timely appeal waives all rights to challenge such charge.
B. 
The Town Board shall review said written appeal and shall determine whether the stormwater charge is fair and reasonable or whether an adjustment or refund is due the appellant. The Town Clerk shall provide five business days' prior written notice of the time and place of the Board's consideration of the appeal to the appellant/owner at the address listed in the appeal. The appellant shall be notified in writing, by first-class mail, of the Board's decision. If the Board or the Town Clerk determines that a refund is due the appellant, the refund will be applied as a credit on the customer's next stormwater bill or will be refunded at the discretion of the Town Clerk.
A. 
In addition to any other method of charging for Stormwater Utility costs, the Town may by resolution levy special assessments on property in a limited and determinable area for special benefits conferred upon property pursuant to § 66.0703, Wis. Stats. The failure to pay such special assessments may result in a lien on the property enforced pursuant to § 66.0703(13), Wis. Stats.
The Stormwater Utility finances shall be accounted for in a separate Stormwater Management Fund by the Town. The Utility shall prepare an annual budget, which is to include all operation and maintenance costs, administrative costs, debt served and other costs related to the operation of the Stormwater Utility. The budget is subject to the approval by the Town Board. The costs shall be spread over the rate classifications as determined by the Board. Any excess of revenues over expenditures in a year will be retained by the Stormwater Management Fund for subsequent years' needs.
A. 
If any provision of this article or the application thereof to any party or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter, which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are declared severable.
B. 
If any section, sentence, clause, phrase, or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remainder of such ordinance.