[HISTORY: Adopted by the Village Board of the Village of Osceola
4-24-2001 by Ord. No. 01-05.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 92.
Mobile homes and mobile home parks — See Ch. 153.
Streets and sidewalks — See Ch. 186.
Utilities — See Ch. 201.
Floodplain and Shoreland-Wetland Zoning — See Ch. 216.
Zoning — See Ch. 219.
[1]
Editor's Note: This ordinance also repealed former Ch. 218, Subdivision
of Land, adopted 8-10-1993 by Ord. No. 7-93 as Ch. 17 of the 1993 Code, as
amended 1-12-1999 by Ord. No. 99-01.
In accordance with the authority granted by § 236.45, Wis.
Stats., and for the purposes listed in §§ 236.01 and 236.45(1),
Wis. Stats., the provisions of this article shall be held to be minimum requirements
adopted to promote the health, safety, morals, comfort, prosperity and general
welfare of the Village. However, this article shall not repeal, impair or
modify private covenants or public ordinances, except that it shall apply
whenever it imposes stricter regulations on land use.
As used in this article, the following terms shall have the meanings
indicated:
A public or private right-of-way shown on a subdivision map or plat
which provides secondary access to a lot, block or parcel of land.
A street designed and used for through traffic.
A street designed and used as an intermediate public thoroughfare,
collecting traffic from minor street and channeling it to arterial streets.
Land within the corporate limits of the Village which is, at the
time a division of land is created, served by or physically and legally capable
of being served by municipal sewer and water service, electrical service,
the mains or lines whereof have been previously extended to or adjacent to
the land in question, and is so located adjacent to improved public streets
and, where required, sidewalks.
The act of splitting the legal description of a lot, parcel or tract
of land into two or more lots, parcels or tracts of land, whether by means
of a deed, certified survey map or plat.
All units of land legally described, whether referred to as a lot,
parcel or tract of land, having frontage on a public street, intended to be
used as a unit for the purpose, whether immediate or in the future, or transfer
of ownership or building development and use.
A public way or thoroughfare dedicated to the public and set forth
on the face of a subdivision mat or plat subject to this article.
Includes any division of a lot, parcel or tract of land by the owner
or his or her agent for the purpose of sale or building development where:
The provisions of this article shall not apply to:
A.
Transfers of interest in land by will or pursuant to
court order.
B.
Leases for a term not to exceed 10 years, mortgages or
easements.
C.
The sale or exchange of parcels of land between owners
of adjoining property if additional lots are not thereby created and the lots
resulting are not reduced below the minimum sizes required by this article
or other applicable laws or ordinances.
D.
A division of a parcel, lot or tract of land in a developed
area of the Village where each created and existing , reduced in size parcel,
lot or tract is served by municipal sewer and water at the time of division.
No division of land within the Village or within its extraterritorial
jurisdiction shall be permitted if it results in a subdivision, unless a plat
of the subdivision is submitted and approved in accordance with this article
and ch. 236, Wis. Stats.
No subdivision shall be approved which does not conform to Village zoning
rules and regulations and the Comprehensive Plan of the Village , either within
the Village limits or in its extraterritorial planning area.
A.
The subdivider shall be responsible for the installation
or construction of all improvements required by the Plan Commission with the
exception of sidewalks and streetlighting.
B.
For all subdivision improvements required to be installed
by him/her, the subdivider shall provide satisfactory proof that he/she has
contracted to install such improvements or shall file a performance bond insuring
installment of such improvements within the time required by the Plan Commission
and Board.
C.
The specifications for all improvements shall be approved
by the Plan Commission. Prior to either acceptance of the improvement by the
Board or release of the subdivider's bond, all improvements shall be inspected
and found to have been installed according to the specifications.
A.
Before submitting a preliminary plat to the approval process under § 218-8, each subdivider is encouraged to prepare, for review by the Village administrative staff, a concept design of the proposed subdivision. Said design shall contain such information as: site location, showing adjacent streets and subdivisions; boundaries of proposed subdivision; proposed street layout; approximate topographic features; proposed lot layout; easements, existing and proposed; and proposed surfaced water drainage.
B.
No fee shall be charged for the concept design review.
The purpose shall be to provide a general overview of the compliance of the
proposed subdivision with existing rules and regulations.
A.
The subdivider shall submit to the Plan Commission, and
to those agencies having the authority to object to plats under the provisions
of ch. 236, Wis. Stats., a preliminary plat based upon an accurate exterior
boundary survey by a registered land surveyor which shall show clearly the
proposed subdivision at a scale of not more that one inch per 100 feet, having
two-foot contour intervals, identify proposed improvements (grading, tree
planting, paving, installation of facilities and dedications of land) and
easements which the subdivider proposes to establish. The subdivider shall
also indicate by accompanying letter a time or times when the improvements
will be constructed or provided. Any proposed restrictive covenants for the
land involved shall be submitted for review as pertaining to their compliance
with Village regulations.
B.
After review of the preliminary plat and negotiations
with the subdivider on changes advisable and the kind and extent of public
improvements which will be required, the Plan Commission shall, unless the
time is extended upon agreement with the subdivider, reject or approve conditionally
the preliminary plat within 90 days, as provided by statute.
C.
Upon the establishment of specific types and locations
and size and extent of improvements which subdivider shall be required to
construct, the Plan Commission, on behalf of the Village, and subdivider shall
enter into a development contract under the terms of which the subdivider
shall agree to his/her responsibilities as to subdivision improvements. In
said contract the subdivider shall bind himself/herself to provide either
a sum certain in cash, certificates of deposit or a bond to guarantee faithful
performance in accord with the contract. The failure of the subdivider to
act consistent with the contract prior to final plat approval shall constitute
cause for refusal to issue building or occupancy permits for lots created
by the subdivision.
D.
Approval of the preliminary plat and execution of a development
contract shall entitle the subdivider to final approval of the layout shown
by such plat, provided that the final plat conforms substantially to such
layout and conditions of approval have been met.
E.
No preliminary plat shall be approved which does not
conform in all respects with applicable ordinances of the Village, including
but not limited to zoning, building construction, streets, sidewalks and utilities.
A.
Final plats shall be submitted to the Plan Commission
within six months of preliminary plat acceptance unless this requirement is
waived, in writing, by the Plan Commission.
B.
The final plat shall conform to the preliminary plat
as approved and to the requirements of all applicable ordinances and state
laws and shall be submitted for certification by those agencies having the
authority to object to the plat as provided by § 236.12(2), Wis.
Stats.
C.
The final plat shall be accompanied by detailed construction plans of all improvements, together with an executed copy of the development contract required under § 218-8C.
D.
The final plat shall be presented to the Plan Commission
at its regular meeting prior to the meeting at which it is to be considered
and shall be accepted or rejected by the Plan Commission and the Board within
60 days of its submission, unless the time is extended by an agreement with
the subdivider. Reasons for rejection shall be stated in the minutes of the
Board meeting, and a copy of such reasons shall be given to the subdivider.
E.
Approved final plats shall be recorded in accordance
with the statutory requirements prior to the time that lots are offered for
sale, reference is made to the map for sale purposes or use is made of lot
and block numbers shown on the plat.
F.
If the original of the final plat has been filed with
another approving authority, the subdivider shall file a true copy of such
plat with the Village in lieu of the original. Before the approval of the
Plan Commission and Board will be inscribed on the original of the final plat,
the surveyor or subdivider shall certify the respects in which the original
of the final plat differs from the true copy, and all modifications shall
first be approved.
A.
General.
(1)
The subdivider shall dedicate land for and improve streets,
which shall conform to the Master Plan and be located with consideration for
topographical conditions, natural features, existing and proposed streets,
utilities and land uses and public convenience and safety.
(2)
All lots shall have sufficient frontage on a public street
to allow vehicular access.
(3)
After installation of all utilities, the owner, the subdivider or both shall surface all streets that are proposed to be dedicated to the Village to widths and standards as prescribed by this article. The surfacing shall include subbase material, gravel base, bituminous or portland concrete, as per WI DOT standards for the proposed and or anticipated use. Curb and gutter shall be installed as per § 218-12A(4). All costs incurred for plans and specification approval and construction costs associated therewith shall be the responsibility of the subdivider until such time that the streets have been approved and accepted by the Village Board.
(4)
Before approval by the Plan Commission, the subdivider
shall submit plans and specifications to the Village Engineer for approval.
This submittal shall include design criteria for both base course material
and pavement.
(5)
At time of construction, the subdivider shall construct
streets in accordance with the approved plans and specifications and shall
notify the Village Engineer of the construction schedule so that he/she may
inspect the construction to ensure conformation with plans and specifications,
or the subdivider shall have the Village design and install streets in conformance
with this article and assess costs of street construction to the subdivider
in accordance with Village assessment policy and the Wisconsin Statutes.
(6)
Before Village acceptance of streets, the Village Engineer
shall inspect the streets to ensure that construction has conformed to plans
and specifications, and the Village Engineer shall submit a written report
and recommendation to the Village Board for its acceptance of the project.
B.
Urban section. The minimum right-of-way and roadway width
of all proposed streets and alleys in urban sections shall be as follows:
|
Type of Street
|
Right-of-Way
Width
To Be
Reserved
(feet)
|
Right-of-Way
Width
To Be
Dedicated
(feet)
|
Pavement
Width
(Face of
Curb to Face
of Curb)
(feet)
| |
|---|---|---|---|---|
|
Arterial
|
120
|
80
|
36 dual
| |
|
24 median
| ||||
|
Collector
|
80
|
80
|
48
| |
|
Minor, 1,000 feet or more in length
|
60
|
60
|
36
| |
|
Minor, less than 1,000 feet in length, cul-de-sac and frontage
|
60
|
60
|
36
| |
|
Alleys
|
25
|
25
|
20
| |
|
Pedestrianways
|
10
|
10
|
5
|
C.
Grades.
(1)
Unless necessitated by exceptional topography, subject
to the approval of the Plan Commission, the maximum center-line grade of any
street or public way shall not exceed the following:
(2)
The grade of any street shall not exceed 12% or be less
than 0.5%. Street grades shall be established wherever practicable so as to
avoid excessive grading, removal of ground cover and tree growth and general
leveling of the topography.
D.
Curves. When a continuous street center line deflects
at any one point by more than 10%, a circular curve shall be introduced having
a radius of curvature on such center line of not less that the following:
E.
Continuation. Streets shall be laid out to provide for
continuation wherever topographic and other physical conditions permit.
F.
Through traffic on minor streets discouraged. Minor streets
shall be laid out so as to discourage their use by through traffic.
G.
Number of intersections. The number of intersections
of minor streets with major streets shall be reduced to the practical minimum
consistent with circulation needs and safety requirements.
H.
Where a subdivision abuts or contains an existing or
proposed arterial highway, the Plan Commission shall require a frontage road,
nonaccess reservation along the rear of the property contiguous to such highway
or such other treatment as may be necessary to ensure safe, efficient traffic
flow and adequate protection of residential properties.
I.
Reserve strips controlling access to streets shall be
prohibited.
J.
A tangent at least 100 feet long shall be required between
reverse curves on arterial and collector streets.
K.
Streets shall afford maximum visibility and safety and
shall intersect at right angles where practicable.
L.
Dedication of half-width streets shall be prohibited.
M.
Permanent dead-end streets or culs-de-sac shall not be
longer than 1,000 feet, shall have a minimum width of 50 feet and terminate
with a turnaround having an outside roadway diameter of at least 80 feet and
a street property line of 100 feet.
N.
Where possible, lot lines shall be perpendicular to the
street line and to the tangent at the lot corner or curved streets.
O.
Lots shall follow, rather than cross, municipal boundary
lines whenever practicable.
P.
No street names shall be used which duplicate or may
be confused with the names of existing streets. Street names shall be subject
to the approval of the Plan Commission.
A.
General. The lengths, widths and shapes of blocks shall
be appropriate for the topography and the type of development contemplated.
B.
Sidewalks. To provide access and circulation to community
facilities, sidewalks shall be designed by the subdivider along both sides
of streets and, where a block exceeds 1,000 feet in length, through the center
of blocks. Center crosswalks shall not be less than 10 feet wide. The subdivider
shall install the center crosswalks where required. The Plan Commission, in
consultation with the subdivider and taking into consideration public welfare
and safety concerns, together with aesthetics, both in the subdivision itself
and throughout the Village, may modify these requirements on a case-by-case
basis.
C.
Subdivision lots shall be in conformance with the area
and width requirements of Village zoning rules and regulations. Area and width
shall conform to town zoning ordinances and Chapter H65, Wisconsin Administrative
Code.
D.
The Plan Commission shall exercise, on behalf of the
Village, approval authority as to the location and species of trees which
may be planted by the subdivider or successors in interest in boulevards or
streets created by the act of subdividing.
A.
In accordance with specifications approved by the Plan
Commission, the subdivider shall provide for each lot the following:
(1)
Adequate sewer and water facilities.
(2)
Streets, of urban design with base and subbase preparation
done to meet WI DOT standards for the proposed and/or anticipated use.
(3)
Paving, done in asphaltic or portland concrete.
(4)
Curb and gutter, done in a 6-24 design of portland concrete.
(5)
Surface water drainage and/or storage structures, meeting
all state and local regulations.
(6)
Streetlighting facilities.
B.
The installation of curb and gutter shall be waived where
rural road sections have been approved by the Plan Commission.
C.
It shall be the responsibility of the subdivider to design adequate street lighting for the entire subdivision so as to fulfill Subsection A(6) above. Insofar as the Village shall be responsible for its installation, the Plan Commission shall, on its behalf, approve all streetlighting plans.
D.
Each subdivision approved of under this article shall
be designed so as to require that all utilities' service lines shall be placed
underground.
A.
The Plan Commission shall require easements for poles,
wires, conduits, storm and sanitary sewers, gas, water and head mains or other
utility lines. Easements for utility services such as those enumerated shall
be at least 10 feet wide and may run across lots or alongside of rear lot
lines, subject to the preference that easements be located along the rear
lot lines. No buildings or other structures shall be erected upon or over
these easements. In addition, a one-foot-wide easement shall be dedicated
at and immediately behind the front lot line for installation by the Village
Water Utility of a waterline cut off valve.
B.
The Plan Commission shall require that easements or drainageways
be provided where a subdivision includes a segment or segments of watercourses,
drainageways, channels or streams.
A.
During the preliminary plat review process, the Plan
Commission shall take into consideration the location of the proposed subdivision
as it relates to existing parks, open spaces and public grounds, the site
of the proposed subdivision and the potential population on the projected
lots in determining whether and to what extent a dedication shall be required
for public recreational and open space needs. In making this determination,
the Plan Commission may require that up to, but not exceeding, 10% of the
total land area of the proposed plat or a sum of money equivalent to the average
land value of the subdivision when platted, as agreed upon and between the
subdivider and the Village or as determined by a real estate appraiser retained
by the Village, be dedicated to the Village.
B.
In the specific case of a subdivision in which multifamily
housing units will or may be constructed, the subdivider shall establish an
area of land of sufficient size to be used as a tot lot or playground for
children. The Plan Commission shall determine its size as based upon the projected
population of the multifamily housing units which could or may be built in
the subdivision, using the maximum number of potential units as would be permitted
under Village zoning regulations. In the sole description of the Village,
it may or may not decide to accept a dedication of a tot lot. In the event
that it does not decide to accept such dedication, the subdivider shall take
adequate legal steps to make it available for use by residents of the subdivision.
Where the Plan Commission finds strict compliance with these regulations
shall not accomplish the purposes of the Village subdivision chapter or shall
result in expenses or physical layout requirements inordinate to the scope
of the proposed subdivision, it shall recommend to the Board such exceptions
to the chapter so that substantial justice shall be done and the public interest
secured, provided that such exceptions shall not have the effect of nullifying
the intent and purpose of this article, and provided that the Plan Commission
shall not recommend exceptions to the regulations of this article unless it
makes findings based upon the evidence presented to it in each specific case
that:
A.
The granting of the exception shall not be detrimental
to the public safety, health or welfare or injurious to other property or
improvements in the neighborhood in which the subdivision is located.
B.
The conditions upon which the request for an exception
is based are unique to the subdivision or the individual lot therein for which
the exception is sought and are not applicable, generally, to other property
in the Village.
C.
Because of the particular physical surroundings, shape
or topographical conditions of the specific subdivision or the individual
lot therein involved, a hardship to the owner would result if the strict letter
of the regulations were enforced. For purposes of this section, hardship shall
not include economic factors personal to the subdivider or his/her successors
in interest. It shall be limited to physical inability to use the property
in question to purposes permissible in the zoning district in which the subdivision
is situated.
A.
Pursuant to § 61.34(1), Wis. Stats., in the interest of the government and good order of and for the prudent management of the Village finances and for the convenience of the public it is deemed to be in the public's best interest to require all persons who apply for and receive subdivision approvals where as a condition to the granting of such approval it is required that an improvement for public use and benefit shall be installed, built or constructed or other specified performance is required, the subdivider shall, in accord with Subsection B, below, file a bond or irrevocable letter of credit with the Village Clerk guaranteeing his/her performance. This section is for the expressed purposes of ensuring that subdividers complete agreed upon obligations to the Village and to prevent the Village, should it be required to complete performance of conditions, from having to use taxpayers monies to do so.
B.
Each subdivider of lands who obtains approval of a land
division from the Village which is conditioned upon his/her/its faithful performance
in favor of the public, including but not limited to the installation of improvements
or performance of other specified obligations, shall be required to post a
bond or irrevocable letter of credit in favor of the Village to guarantee
his/her/its performance in accord with the required specifications. Each such
bond or letter of credit shall be in such amount as will fully indemnify the
Village against the cost of securing the completion of such performance or
in such lesser amount as the Village deems to be adequate. As progress toward
accomplishing the performance is made, in the sole discretion of the Village,
the amount of the bond or letter of credit may be reduced.
If, pursuant to the terms of this article, a development agreement is
required to be executed by the subdivider, or if in order to comply with terms
and conditions of a conditional use permit or to meet requirements resulting
from a rezoning certain obligations are imposed upon the subdivider, the subdivider
shall be required to execute a development agreement which shall be drafted
in such a form as to fulfill the objectives or standards of the Village. Such
an agreement may include, but shall not be limited to, terms and conditions
such as the timing of performance or installation of improvements, the posting
of adequate performance bonds, penalties for nonperformance and the quality
or quantity of materials or supplies to be incorporated in required improvements.
The failure or refusal of a subdivider to execute such an agreement shall
constitute grounds for denial of or cessation of processing of a subdivision
application under this article.
The Building Inspector or his or her designated representative shall
see that the provisions of this article are enforced. No land use permit shall
be issued for construction on any lot until the final plat for the subdivision
has been duly recorded or a certified survey map is recorded.
In designing a subdivision, the subdivider shall comply with all applicable
state and federal rules and regulations. Failure to do so shall constitute
grounds for refusal to grant final approval of plat.
Any person who shall violate any provision of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-19 of this Code.
[Added 3-14-2006 by Ord. No. 06-05]
A.
This article is adopted by the Village Board under the
authority granted by § 61.354, Wis. Stats. This article supersedes
all provisions of an ordinance previously enacted under § 61.35,
Wis. Stats., that relate to stormwater management regulations. Except as otherwise
specified in § 61.354, Wis. Stats., § 61.35, Wis. Stats.,
applies to this article and to any amendments to this article.
B.
The provisions of this article are deemed not to limit
any other lawful regulatory powers of the same Village Board.
C.
The Village Board hereby designates the Village Administrator
to administer and enforce the provisions of this article.
D.
The requirements of this article do not preempt more
stringent stormwater management requirements that may be imposed by any of
the following:
(1)
Wisconsin Department of Natural Resources administrative
rules, permits or approvals including those authorized under §§ 281.16
and 283.33, Wis. Stats.
(2)
Targeted nonagricultural performance standards promulgated
in rules by the Wisconsin Department of Natural Resources under NR 151.004,
Wis. Adm. Code.
The Village Board finds that uncontrolled, postconstruction runoff has
a significant impact upon water resources and the health, safety and general
welfare of the community and diminishes the public enjoyment and use of natural
resources. Specifically, uncontrolled postconstruction runoff can:
A.
Degrade physical stream habitat by increasing stream
bank erosion, increasing streambed scour, diminishing groundwater recharge,
diminishing stream base flows and increasing stream temperature.
B.
Diminish the capacity of lakes and streams to support
fish, aquatic life, recreational and water supply uses by increasing pollutant
loading of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
C.
Alter wetland communities by changing wetland hydrology
and by increasing pollutant loads.
D.
Reduce the quality of groundwater by increasing pollutant
loading.
E.
Threaten public health, safety, property and general
welfare by overtaxing storm sewers, 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.
A.
Purpose. The general purpose of this article is to establish
long-term, postconstruction runoff management requirements that will diminish
the threats to public health, safety, welfare and the aquatic environment.
Specific purposes are to:
(1)
Further the maintenance of safe and healthful conditions.
(2)
Prevent and control the adverse effects of stormwater;
prevent and control soil erosion; prevent and control water pollution; protect
spawning grounds, fish and aquatic life; control building sites, placement
of structures and land uses; preserve ground cover and scenic beauty; and
promote sound economic growth.
(3)
Control exceedance of the safe capacity of existing drainage
facilities and receiving water bodies; prevent undue channel erosion; control
increases in the scouring and transportation of particulate matter; and prevent
conditions that endanger downstream property.
B.
Intent. It is the intent of the Village Board that this
article regulates postconstruction stormwater discharges to waters of the
state. This article may be applied on a site-by-site basis. The Village Board
recognizes, however, that the preferred method of achieving the stormwater
performance standards set forth in this article is through the preparation
and implementation of comprehensive, systems-level stormwater management plans
that cover hydrologic units, such as watersheds, on a municipal and regional
scale. Such plans may prescribe regional stormwater devices, practices or
systems, any of which may be designed to treat runoff from more than one site
prior to discharge to waters of the state. Where such plans are in conformance
with the performance standards developed under § 281.16, Wis. Stats.,
for regional stormwater management measures and have been approved by the
Village Board, it is the intent of this article that the approved plan be
used to identify postconstruction management measures acceptable for the community.
A.
Applicability.
(1)
Where not otherwise limited by law, this article applies after final stabilization to a site of land-disturbing construction activity meeting any of the criteria in this subsection, unless the site is otherwise exempt under Subsection A(2).
(2)
A site that meets any of the criteria in this subsection
is exempt from the requirements of this article.
(a)
A redevelopment postconstruction site with no increase
in exposed parking lots or roads.
(b)
A postconstruction site with less than 10% connected
imperviousness based on complete development of the postconstruction site,
provided the cumulative area of all parking lots and rooftops is less than
one acre.
(c)
Nonpoint discharges from agricultural facilities and
practices.
(d)
Nonpoint discharges from silviculture activities.
(e)
Routine maintenance for project sites under five acres
of land disturbance if performed to maintain the original line and grade,
hydraulic capacity or original purpose of the facility.
(f)
Underground utility construction such as water, sewer
and fiberoptic lines. This exemption does not apply to the construction of
any aboveground structures associated with utility construction.
(3)
Notwithstanding the applicability requirements in Subsection A(1), this article applies to postconstruction sites of any size that, in the opinion of the Village Administrator, 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 postconstruction
sites within the boundaries and jurisdiction of the Village of Osceola as
well as the extraterritorial division of land subject to an ordinance enacted
pursuant to § 236.45(2) and (3), Wis. Stats.
C.
Exclusions. This article is not applicable to activities
conducted by a state agency, as defined under § 227.01(1), Wis.
Stats., which is subject to the state plan promulgated or a memorandum of
understanding entered into under § 281.33(2), Wis. Stats.
As used in this article, the following terms shall have the meanings
indicated:
The Village Administrator and his/her designee.
Has the meaning given in § 281.16, Wis. Stats.
A calendar year of precipitation, excluding snow, which is considered
typical.
Structural or nonstructural measures, practices, techniques or devices
employed to avoid or minimize sediment or pollutants carried in runoff to
waters of the state.
A day the office of the Village Administrator is routinely and customarily
open for business.
A court-issued order to halt land-disturbing construction activity
that is being conducted without the required permit.
A system for conveying both sanitary sewage and stormwater runoff.
An impervious surface that is directly connected to a separate storm
sewer or water of the state via an impervious flow path.
A hypothetical discrete rainstorm characterized by a specific duration,
temporal distribution, rainfall intensity, return frequency, and total depth
of rainfall.
Residential, commercial, industrial or institutional land uses and
associated roads.
The splitting of a lot, parcel or tract of land into two or more
lots, parcels or tracts of land, whether by means of a deed, certified survey
map or plat.
The area of the infiltration system that is used to infiltrate runoff
and does not include the area used for site access, berms or pretreatment.
The process by which the land's surface is worn away by the
action of wind, water, ice or gravity.
The waters of Osceola Creek.
The unincorporated area within 1.5 miles of the Village.
All land-disturbing construction activities at the construction site
have been completed and that a uniform, perennial, vegetative cover has been
established, with a density of at least 70% of the cover, for the unpaved
areas and areas not covered by permanent structures, or employment of equivalent
permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable letter
of credit, or similar guarantees submitted to the Village Administrator by
the responsible party to assure that requirements of the ordinance are carried
out in compliance with the stormwater management plan.
The Village Board of Trustees.
An area that releases as runoff all or a large portion of the precipitation
that falls on it, except for frozen soil. Rooftops, sidewalks, driveways,
parking lots and streets are examples of areas that typically are impervious.
An undeveloped area of land located within existing development.
The entry of precipitation or runoff into or through the soil.
A device or practice such as a basin, trench, rain garden or swale
designed specifically to encourage infiltration, but does not include natural
infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts
onto lawns or minimal infiltration from practices, such as swales or roadside
channels designed for conveyance and pollutant removal only.
An area or surficial geologic feature subject to bedrock dissolution
so that it is likely to provide a conduit to groundwater, and may include
caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes,
springs, seeps, or swallets.
Any man-made alteration of the land surface resulting in a change
in the topography or existing vegetative or nonvegetative soil cover, that
may result in runoff and lead to an increase in soil erosion and movement
of sediment into waters of the state. Land-disturbing construction activity
includes clearing and grubbing, demolition, excavating, pit trench dewatering,
filling, and grading activities.
A legal document that provides for long-term maintenance of stormwater
management practices.
A level of implementing best management practices in order to achieve
a performance standard specified in this article, which takes into account
the best available technology, cost effectiveness and other competing issues
such as human safety and welfare, endangered and threatened resources, historic
properties and geographic features. MEP allows flexibility in the way to meet
the performance standards and may vary based on the performance standard and
site conditions.
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
Located outside the property boundary described in the permit application.
Located within the property boundary described in the permit application.
Has the meaning given in NR 115.03(6), Wis. Adm. Code.
Waters listed in NR 102.10, Wis. Adm. Code.
The percentage of a given sample of soil, which passes through a
#200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Village Administrator to the
applicant to conduct land-disturbing construction activity or to discharge
postconstruction runoff to waters of the state.
A sum of money paid to the Village Administrator by the permit applicant
for the purpose of recouping the expenses incurred by the authority in administering
the permit.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar vegetated
areas are examples of surfaces that typically are pervious.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
A construction site following the completion of land-disturbing construction
activity and final site stabilization.
The extent and distribution of land cover types present before the
initiation of land-disturbing construction activity, assuming that all land
uses prior to development activity are managed in an environmentally sound
manner.
Has the meaning given in NR 140.05(17), Wis. Adm. Code.
Areas where development is replacing older development.
Any entity holding fee title to the property or other person contracted
or obligated by other agreement to implement and maintain postconstruction
stormwater BMPs.
Stormwater or precipitation, including rain, snow or ice melt or
similar water, that moves on the land surface via sheet or channelized flow.
A conveyance or system of conveyances, including roads with drainage
systems, streets, catch basins, curbs, gutters, ditches, constructed channels
or storm drains, which meets all of the following criteria:
The entire area included in the legal description of the land on
which the land-disturbing construction activity occurred.
An order issued by the Village Administrator, which requires that
all construction activity on the site be stopped.
A comprehensive plan designed to reduce the discharge of pollutants
from stormwater after the site has undergone final stabilization following
completion of the construction activity.
A comprehensive plan designed to reduce the discharge of runoff and
pollutants from hydrologic units on a regional or municipal scale.
A document that specifies design, predicted performance, and operation
and maintenance specifications for a material, device, or method.
An edge, or point on the landscape, landward from the ordinary high
water mark of a surface water of the state, where the slope of the land begins
to be less than 12% continually for at least 50 feet. If the slope of the
land is 12% or less continually for the initial 50 feet, landward from the
ordinary high water mark, the top of the channel is the ordinary high-water
mark.
The United States Department of Agriculture, Natural Resources Conservation
Service (previously Soil Conservation Service), Urban Hydrology for Small
Watersheds, Second Edition, Technical Release 55, June 1986.
A rainfall type curve as established in the United States Department
of Agriculture, Soil Conservation Service, Technical Paper 149, published
1973. The Type II curve is applicable to all of Wisconsin and represents the
most intense storm pattern.
The Administrator of the Village of Osceola or designee.
Has the meaning given in § 281.01(18), Wis. Stats.
The following methods shall be used in designing the water quality,
peak flow shaving and infiltration components of stormwater practices needed
to meet the water quality standards of this article:
A.
Technical standards identified, developed, or disseminated
by the Wisconsin Department of Natural Resources under Subchapter V of Chapter
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
Village Board.
C.
In this article, the following year and location has
been selected as average annual rainfall(s): Minneapolis, 1959 (March 13 -
November 4).
A.
Responsible party. The responsible party shall implement
a postconstruction stormwater management plan that incorporates the requirements
of this section.
B.
Plan. A written stormwater management plan in accordance with § 218-29 shall be developed and implemented for each postconstruction site.
C.
Requirements. The plan required under Subsection B shall include the following:
(1)
Total suspended solids. BMPs shall be designed, installed
and maintained to control total suspended solids carried in runoff from the
postconstruction site as follows:
(a)
For new development, by design, reduce, to the maximum
extent practicable, the total suspended solids load by 80%, based on the average
annual rainfall, as compared to no runoff management controls. No person shall
be required to exceed an eighty-percent total suspended solids reduction to
meet the requirements of this subsection.
(b)
For redevelopment, by design, reduce, to the maximum
extent practicable, the total suspended solids load by 40%, based on the average
annual rainfall, as compared to no runoff management controls. No person shall
be required to exceed a forty-percent total suspended solids reduction to
meet the requirements of this subsection.
(c)
For in-fill development under five acres that occurs
within 10 years after the effective date of this article, by design, reduce,
to the maximum extent practicable, the total suspended solids load by 40%,
based on an average annual rainfall, as compared to no runoff management controls.
No person shall be required to exceed a forty-percent total suspended solids
reduction to meet the requirements of this subsection.
(d)
For in-fill development that occurs 10 or more years
after the effective date of this rule (March 14, 2006), by design, reduce,
to the maximum extent practicable, the total suspended solids load by 80%,
based on an average annual rainfall, as compared to no runoff management controls.
No person shall be required to exceed an eighty-percent total suspended solids
reduction to meet the requirements of this subsection.
(e)
Notwithstanding Subsection C(1)(a) through (d), if the design cannot achieve the applicable total suspended solids reduction specified, the stormwater management plan shall include a written and site-specific explanation why that level of reduction is not attained and the total suspended solids load shall be reduced to the maximum extent practicable.
(2)
Peak discharge.
(a)
By design, BMPs shall be employed to maintain or reduce
the peak runoff discharge rates, to the maximum extent practicable, as compared
to predevelopment conditions for the two-year, twenty-four-hour design storm
applicable to the postconstruction site. Predevelopment conditions shall assume
"good hydrologic conditions" for appropriate land covers as identified in
TR-55 or an equivalent methodology. The meaning of "hydrologic soil group"
and "runoff curve number" are as determined in TR-55. However, when predevelopment
land cover is cropland, rather than using TR-55 values for cropland, the runoff
curve numbers in Table 1 shall be used.
|
Table 1 — Maximum Predevelopment Runoff Curve Numbers for
Cropland Areas
| |||||
|---|---|---|---|---|---|
|
Hydrologic Soil Group
|
A
|
B
|
C
|
D
| |
|
Runoff Curve Number
|
56
|
70
|
79
|
83
| |
(b)
This subsection of the ordinance does not apply to any
of the following:
[1]
A postconstruction site where the change in hydrology
due to development does not increase the existing surface water elevation
at any point within the downstream receiving water by more than 0.01 of a
foot for the two-year, twenty-four-hour storm event.
[2]
A redevelopment postconstruction site.
[3]
An in-fill development area less than five acres.
(3)
Infiltration. BMPs shall be designed, installed, and maintained to infiltrate runoff to the maximum extent practicable in accordance with the following, except as provided in Subsection C(3)(e) through (h).
(a)
For residential developments, one of the following shall
be met:
[1]
Infiltrate sufficient runoff volume so that the post-development
infiltration volume shall be at least 90% of the predevelopment infiltration
volume, based on an average annual rainfall. However, when designing appropriate
infiltration systems to meet this requirement, no more than 1% of the project
site is required as an effective infiltration area.
[2]
Infiltrate 25% of the post-development runoff from the
two-year twenty-four-hour design storm with a Type II distribution. Separate
curve numbers for pervious and impervious surfaces shall be used to calculate
runoff volumes and not composite curve numbers as defined in TR-55. However,
when designing appropriate infiltration systems to meet this requirement,
no more than 1% of the project site is required as an effective infiltration
area.
(b)
For nonresidential development, including commercial,
industrial and institutional development, one of the following shall be met:
[1]
Infiltrate sufficient runoff volume so that the post-development
infiltration volume shall be at least 60% of the predevelopment infiltration
volume, based on an average annual rainfall. However, when designing appropriate
infiltration systems to meet this requirement, no more than 2% of the project
site is required as an effective infiltration area.
[2]
Infiltrate 10% of the runoff from the two-year twenty-four-hour
design storm with a Type II distribution. Separate curve numbers for pervious
and impervious surfaces shall be used to calculate runoff volumes, and not
composite curve numbers as defined in TR-55. However, when designing appropriate
infiltration systems to meet this requirement, no more than 2% of the project
site is required as an effective infiltration area.
(d)
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 C(2)(h). Pretreatment options may include, but
are not limited to, oil/grease separation, sedimentation, biofiltration, filtration,
swales or filter strips.
(e)
Exclusions. The runoff from the following areas are prohibited
from meeting the requirements of this subsection:
[1]
Areas associated with Tier 1 industrial facilities identified
in NR 216.21(2)(a), Wis. Adm. Code, including storage, loading, rooftop and
parking.
[2]
Storage and loading areas of Tier 2 industrial facilities
identified in NR 216.21(2)(b), Wis. Adm. Code.
[3]
Fueling and vehicle maintenance areas.
[4]
Areas within 1,000 feet upgradient or within 100 feet
downgradient of karst features.
[5]
Areas with less than three feet of separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock, except this Subsection C(3)(e)[5] does not prohibit infiltration of roof runoff.
[6]
Areas with runoff from industrial, commercial, and institutional
parking lots and roads and residential arterial roads with less than five
feet of separation distance from the bottom of the infiltration system to
the elevation of seasonal high groundwater or the top of bedrock.
[7]
Areas within 400 feet of a community water system well
as specified in NR 811.16(4), Wis. Adm. Code, or within 100 feet of a private
well as specified in NR 812.08(4), Wis. Adm. Code, for runoff infiltrated
from commercial, industrial and institutional land uses or regional devices
for residential development.
[8]
Areas where contaminants of concern, as defined in NR
720.03(2), Wis. Adm. Code, are present in the soil through which infiltration
will occur.
[9]
Any area where the soil does not exhibit one of the following soil characteristics between the bottom of the infiltration system and the seasonal high groundwater and top of bedrock: at least a three-foot soil layer with 20% fines or greater; or at least a five-foot soil layer with 10% fines or greater. This does not apply where the soil medium within the infiltration system provides an equivalent level of protection. This Subsection C(3)(e)[9] does not prohibit infiltration of roof runoff.
(f)
Exemptions. The following are not required to meet the
requirements of this subsection:
[1]
Areas where the infiltration rate of the soil is less
than 0.6 inch/hour measured at the site.
[2]
Parking areas and access roads less than 5,000 square
feet for commercial and industrial development.
[3]
Redevelopment postconstruction sites.
[4]
In-fill development areas less than five acres.
[5]
Infiltration areas during periods when the soil on the
site is frozen.
[6]
Roads in commercial, industrial, and institutional land
uses, and arterial residential roads.
(g)
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.
(h)
Standards to be met.
[1]
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 NR 140, Wis. Adm. Code. However, if site-specific information indicates
that compliance with a preventive action limit is not achievable, the infiltration
BMP may not be installed or shall be modified to prevent infiltration to the
maximum extent practicable.
[2]
Notwithstanding Subsection C(3)(h)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
(4)
Protective areas.
(a)
"Protective area" means an area of land that commences
at the top of the channel of lakes, streams and rivers, or at the delineated
boundary of wetlands, and that is the greatest of the following widths, as
measured horizontally from the top of the channel or delineated wetland boundary
to the closest impervious surface. However, in this 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.
[1]
For outstanding resource waters and exceptional resource
waters, and for wetlands in areas of special natural resource interest as
specified in NR 103.04, 75 feet.
[2]
For perennial and intermittent streams identified on
a United States geological survey 7.5-minute series topographic map, or a
county soil survey map, whichever is more current, 50 feet.
[3]
For lakes, 50 feet.
[4]
For highly susceptible wetlands, 50 feet. Highly susceptible
wetlands include the following types: fens, sedge meadows, bogs, low prairies,
conifer swamps, shrub swamps, other forested wetlands, fresh wet meadows,
shallow marshes, deep marshes, and seasonally flooded basins. Wetland boundary
delineations shall be made in accordance with NR 103.08(1m). 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.
[5]
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.
[6]
In Subsection C(4)(a)[1], [4] and [5], 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.
[7]
For concentrated flow channels with drainage areas greater
than 130 acres, 10 feet.
(b)
This subsection applies to postconstruction sites located within a protective area, except those areas exempted pursuant to Subsection C(4)(d).
(c)
The following requirements shall be met:
[1]
Impervious surfaces shall be kept out of the protective
area to the maximum extent practicable. The stormwater management plan shall
contain a written site-specific explanation for any parts of the protective
area that are disturbed during construction.
[2]
Where land-disturbing construction activity occurs within
a protective area, and where no impervious surface is present, adequate sod
or self-sustaining vegetative cover of 70% or greater shall be established
and maintained. The adequate sod or self-sustaining vegetative cover shall
be sufficient to provide for bank stability, maintenance of fish habitat and
filtering of pollutants from upslope overland flow areas under sheet flow
conditions. Nonvegetative materials, such as rock riprap, may be employed
on the bank as necessary to prevent erosion, such as on steep slopes or where
high-velocity flows occur.
[3]
Best management practices such as filter strips, swales,
or wet detention basins that are designed to control pollutants from non-point
sources may be located in the protective area.
(d)
This subsection does not apply to:
[1]
Redevelopment postconstruction sites.
[2]
In-fill development areas less than five acres.
[3]
Structures that cross or access surface waters such as
boat landings, bridges, and culverts.
[4]
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.
[5]
Postconstruction sites from which runoff does not enter
the surface water, except to the extent that vegetative ground cover is necessary
to maintain bank stability.
(5)
Fueling and vehicle maintenance areas. Fueling and vehicle
maintenance areas shall, to the maximum extent practicable, have BMPs designed,
installed and maintained to reduce petroleum within runoff, such that the
runoff that enters waters of the state contains no visible petroleum sheen.
(6)
Swale treatment for transportation facilities.
(a)
Applicability. Except as provided in Subsection C(6)(b), transportation facilities that use swales for runoff conveyance and pollutant removal meet all of the requirements of this section, if the swales are designed to the maximum extent practicable to do all of the following:
[1]
Be vegetated. However, where appropriate, nonvegetative
measures may be employed to prevent erosion or provide for runoff treatment,
such as rock riprap stabilization or check dams.
[2]
Carry runoff through a swale for 200 feet or more in
length that is designed with a flow velocity no greater than 1.5 feet per
second for the peak flow generated using either a two-year, twenty-four-hour
design storm or a two-year storm with a duration equal to the time of concentration
as appropriate. If a swale of 200 feet in length cannot be designed with a
flow velocity of 1.5 feet per second or less, then the flow velocity shall
be reduced to the maximum extent practicable.
(b)
Exemptions. The Village Administrator may, consistent
with water quality standards, require other provisions of this section to
be met on a transportation facility with an average daily travel of vehicles
greater than 2,500 and where the initial surface water of the state that the
runoff directly enters is any of the following:
[1]
An outstanding resource water.
[2]
An exceptional resource water.
[3]
Waters listed in Section 303(d) of the Federal Clean
Water Act that are identified as impaired in whole or in part, due to nonpoint
source impacts.
[4]
Waters where targeted performance standards are developed
under NR 151.004, Wis. Adm. Code, to meet water quality standards.
D.
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.
E.
Location and regional treatment option.
(1)
The BMPs may be located on-site or off-site as part of
a regional stormwater device, practice or system.
(2)
Postconstruction runoff within a nonnavigable surface
water that flows into a BMP, such as a wet detention pond, is not required
to meet the performance standards of this article. Postconstruction BMPs may
be located in nonnavigable surface waters.
(3)
Except as allowed under Subsection E(4), postconstruction runoff from new development shall meet the postconstruction performance standards prior to entering a navigable surface water.
(4)
Postconstruction 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:
(5)
Runoff from existing development, redevelopment, and
in-fill areas shall meet the postconstruction performance standards in accordance
with this subsection.
(a)
To the maximum extent practicable, BMPs shall be located
to treat runoff prior to discharge to navigable surface waters.
(b)
Postconstruction BMPs for such runoff may be located
in a navigable surface water if allowable under all other applicable federal,
state, and local regulations such as ch. NR 103, Wis. Adm. Code, and ch. 30,
Wis. Stats.
(6)
The discharge of runoff from a BMP, such as a wet detention
pond, or after a series of such BMPs is subject to this article.
(7)
The Village Administrator may approve off-site management
measures, provided that all of the following conditions are met:
(a)
The administrating authority determines that the postconstruction
runoff is covered by a stormwater management system plan that is approved
by the Village of Osceola and that contains management requirements consistent
with the purpose and intent of this article.
(b)
The off-site facility meets all of the following conditions:
[1]
The facility is in place.
[2]
The facility is designed and adequately sized to provide
a level of stormwater control equal to or greater than that which would be
afforded by on-site practices meeting the performance standards of this article.
[3]
The facility has a legally obligated entity responsible
for its long-term operation and maintenance.
(8)
Where a regional treatment option exists such that the
Village Administrator 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 Village Administrator.
In determining the fee for postconstruction runoff, the Village Administrator
shall consider an equitable distribution of the cost for land, engineering
design, construction, and maintenance of the regional treatment option.
F.
Alternate requirements. The Village Board may establish
stormwater management requirements more stringent than those set forth in
this section if the Village Administrator determines that an added level of
protection is needed to protect sensitive resources.
A.
Permit required. No responsible party may undertake a
land-disturbing construction activity without receiving a postconstruction
runoff permit from the Village Administrator prior to commencing the proposed
activity.
B.
Permit application and fees. Unless specifically excluded
by this article, any responsible party desiring a permit shall submit to the
Village Administrator a permit application made on a form provided by the
Village Administrator for that purpose.
(1)
Unless otherwise excepted by this article, a permit application
must be accompanied by a stormwater management plan, a maintenance agreement,
and a nonrefundable permit administration fee.
(2)
The stormwater management plan shall be prepared to meet the requirements of § 218-29, the maintenance agreement shall be prepared to meet the requirements of § 218-30, the financial guarantee shall meet the requirements of § 218-31, and fees shall be those established by the Village Board as set forth in § 218-32.
C.
Review and approval of permit application. The Village
Administrator shall review any permit application that is submitted with a
stormwater management plan, maintenance agreement, and the required fee. The
following approval procedure shall be used:
(1)
Within 10 business days of the receipt of a complete permit application, including all items as required by Subsection B, the Village Administrator shall inform the applicant whether the application, plan, and maintenance agreement are approved or disapproved based on the requirements of this article.
(2)
If the stormwater permit application, plan and maintenance
agreement are approved, or if an agreed-upon payment of fees in lieu of stormwater
management practices is made, the Village Administrator shall issue the permit.
(3)
If the stormwater permit application, plan, or maintenance
agreement is disapproved, the Village Administrator shall detail in writing
the reasons for disapproval.
(4)
The Village Administrator may request additional information
from the applicant. If additional information is submitted, the Village Administrator
shall have 10 business days from the date the additional information is received
to inform the applicant that the plan and maintenance agreement are either
approved or disapproved.
(5)
Failure by the Village Administrator to inform the permit
applicant of a decision within 10 business days of a required submittal shall
be deemed to mean approval of the submittal and the applicant may proceed
as if a permit had been issued.
D.
Permit requirements. All permits issued under this article shall be subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions. The Village Administrator may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Village Administrator to suspend or revoke this permit may be appealed in accordance with § 218-34.
(1)
Compliance with this permit does not relieve the responsible
party of the responsibility to comply with other applicable federal, state,
and local laws and regulations.
(2)
The responsible party shall design and install all structural
and nonstructural stormwater management measures in accordance with the approved
stormwater management plan and this permit.
(3)
The responsible party shall notify the Village Administrator at least two business days before commencing any work in conjunction with the stormwater management plan, and within two business days upon completion of the stormwater management practices. If required as a special condition under Subsection E, the responsible party shall make additional notification according to a schedule set forth by the Village Administrator so that practice installations can be inspected during construction.
(4)
Practice installations required as part of this article
shall be certified "as built" by a licensed professional engineer. Completed
stormwater management practices must pass a final inspection by the Village
Administrator or its designee to determine if they are in accordance with
the approved stormwater management plan and ordinance. The Village Administrator
or its designee shall notify the responsible party in writing of any changes
required in such practices to bring them into compliance with the conditions
of this permit.
(5)
The responsible party shall notify the Village Administrator
of any significant modifications it intends to make to an approved stormwater
management plan. The Village Administrator may require that the proposed modifications
be submitted to it for approval prior to incorporation into the stormwater
management plan and execution by the responsible party.
(6)
The responsible party shall maintain all stormwater management
practices in accordance with the stormwater management plan until the practices
either become the responsibility of the Village Board, or are transferred
to subsequent private owners as specified in the approved maintenance agreement.
(7)
The responsible party authorizes the Village Administrator to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan, and consents to a special assessment or charge against the property as authorized under subch. VII of ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 218-31.
(8)
If so directed by the Village Administrator, the responsible
party shall repair at the responsible party's own expense all damage
to adjoining municipal facilities and drainageways caused by runoff, where
such damage is caused by activities that are not in compliance with the approved
stormwater management plan.
(9)
The responsible party shall permit property access to
the Village Administrator or its designee for the purpose of inspecting the
property for compliance with the approved stormwater management plan and this
permit.
(10)
Where site development or redevelopment involves changes
in direction, increases in peak rate and/or total volume of runoff from a
site, the Village Administrator may require the responsible party to make
appropriate legal arrangements with affected property owners concerning the
prevention of endangerment to property or public safety.
A.
Plan requirements. The stormwater management plan required under § 218-28B shall contain at a minimum the following information:
(1)
Name, address, and telephone number for the following
or their designees: landowner; developer; project engineer for practice design
and certification; person(s) responsible for installation of stormwater management
practices; and person(s) responsible for maintenance of stormwater management
practices prior to the transfer, if any, of maintenance responsibility to
another party.
(2)
A proper legal description of the property proposed to
be developed, referenced to the U.S. Public Land Survey system or to block
and lot numbers within a recorded land subdivision plat.
(3)
Predevelopment site conditions, including:
(a)
One or more site maps at a scale of not less than one
inch equals 100 feet. The site maps shall show the following: site location
and legal property description; predominant soil types and hydrologic soil
groups; existing cover type and condition; topographic contours of the site
at a scale not to exceed two feet; topography and drainage network, including
enough of the contiguous properties to show runoff patterns onto, through,
and from the site; watercourses that may affect or be affected by runoff from
the site; flow path and direction for all stormwater conveyance sections;
watershed boundaries used in hydrology determinations to show compliance with
performance standards; lakes, streams, wetlands, channels, ditches, and other
watercourses on and immediately adjacent to the site; limits of the one-hundred-year
floodplain; location of wells and wellhead protection areas covering the project
area and delineated pursuant to NR 811.16, Wis. Adm. Code.
(b)
Hydrology and pollutant loading computations as needed
to show compliance with performance standards. All major assumptions used
in developing input parameters shall be clearly stated. The geographic areas
used in making the calculations shall be clearly cross-referenced to the required
map(s).
(4)
Post-development site conditions, including:
(a)
Explanation of the provisions to preserve and use natural
topography and land cover features to minimize changes in peak flow runoff
rates and volumes to surface waters and wetlands.
(b)
Explanation of any restrictions on stormwater management
measures in the development area imposed by wellhead protection plans and
ordinances.
(c)
One or more site maps at a scale of not less than one
inch equals 100 feet showing the following: postconstruction pervious areas,
including vegetative cover type and condition; impervious surfaces, including
all buildings, structures, and pavement; postconstruction topographic contours
of the site at a scale not to exceed two feet; postconstruction drainage network,
including enough of the contiguous properties to show runoff patterns onto,
through, and from the site; locations and dimensions of drainage easements;
locations of maintenance easements specified in the maintenance agreement;
flow path and direction for all stormwater conveyance sections; location and
type of all stormwater management conveyance and treatment practices, including
the on-site and off-site tributary drainage area; location and type of conveyance
system that will carry runoff from the drainage and treatment practices to
the nearest adequate outlet such as a curbed street, storm drain, or natural
drainageway; watershed boundaries used in hydrology and pollutant loading
calculations and any changes to lakes, streams, wetlands, channels, ditches,
and other watercourses on and immediately adjacent to the site.
(d)
Hydrology and pollutant loading computations as needed
to show compliance with performance standards. The computations shall be made
for each discharge point in the development, and the geographic areas used
in making the calculations shall be clearly cross-referenced to the required
map(s).
(e)
Results of investigations of soils and groundwater required
for the placement and design of stormwater management measures. Detailed drawings
including cross-sections and profiles of all permanent stormwater conveyance
and treatment practices.
(5)
A description and installation schedule for the stormwater management practices needed to meet the performance standards in § 218-27.
(6)
A maintenance plan developed for the life of each stormwater
management practice, including the required maintenance activities and maintenance
activity schedule.
(7)
Cost estimates for the construction, operation, and maintenance
of each stormwater management practice.
(8)
Other information requested in writing by the Village
Administrator to determine compliance of the proposed stormwater management
measures with the provisions of this article.
(9)
All site investigations, plans, designs, computations,
and drawings shall be certified by a licensed professional engineer to be
prepared in accordance with accepted engineering practice and requirements
of this article.
A.
Maintenance agreement required. The maintenance agreement required under § 218-28 for stormwater management practices shall be an agreement between the Village Administrator and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.
B.
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 218-29A(6):
(1)
Identification of the stormwater facilities and designation
of the drainage area served by the facilities.
(2)
A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under § 218-28B.
(3)
Identification of the responsible party(s), organization or city, county, town or village responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan required under § 218-28B.
(4)
Requirement that the responsible party(s), organization, or city, county, town or village shall maintain stormwater management practices in accordance with the schedule included in Subsection B(2).
(5)
Authorization for the Village Administrator to access
the property to conduct inspections of stormwater management practices as
necessary to ascertain that the practices are being maintained and operated
in accordance with the agreement.
(6)
A requirement on the Village Administrator to maintain
public records of the results of the site inspections, to inform the responsible
party responsible for maintenance of the inspection results, and to specifically
indicate any corrective actions required to bring the stormwater management
practice into proper working condition.
(7)
Agreement that the party designated under Subsection B(3), as responsible for long-term maintenance of the stormwater management practices, shall be notified by the Village Administrator of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Village Administrator.
(8)
Authorization of the Village Administrator to perform the corrected actions identified in the inspection report if the responsible party designated under Subsection B(3) does not make the required corrections in the specified time period. The Village Administrator shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to subchapter VII of ch. 66, Wis. Stats.
A.
Establishment of the guarantee. The Village Administrator
may require the submittal of a financial guarantee, the form and type of which
shall be acceptable to the Village Administrator. The financial guarantee
shall be in an amount determined by the Village Administrator to be the estimated
cost of construction and the estimated cost of maintenance of the stormwater
management practices during the period for which the designated party in the
maintenance agreement has maintenance responsibility. The financial guarantee
shall give the Village Administrator the authorization to use the funds to
complete the stormwater management practices if the responsible party defaults
or does not properly implement the approved stormwater management plan, upon
written notice to the responsible party by the Village Administrator that
the requirements of this article have not been met.
B.
Conditions for release. Conditions for the release of
the financial guarantee are as follows:
(1)
The Village Administrator shall release the portion of
the financial guarantee established under this section, less any costs incurred
by the Village Administrator to complete installation of practices, upon submission
of "as built" plans by a licensed professional engineer. The Village Administrator
may make provisions for a partial pro-rata release of the financial guarantee
based on the completion of various development stages.
(2)
The Village Administrator shall release the portion of
the financial guarantee established under this section to assure maintenance
of stormwater practices, less any costs incurred by the Village Administrator,
at such time that the responsibility for practice maintenance is passed on
to another entity via an approved maintenance agreement.
The fees referred to in other sections of this article shall be established
by the Village Board and may from time to time be modified by resolution.
A schedule of the fees established by the Village Board shall be available
for review in the office of the Village Administrator.
A.
Any land-disturbing construction activity or postconstruction
runoff initiated after the effective date of this article by any person, firm,
association, or corporation subject to the article provisions shall be deemed
a violation unless conducted in accordance with the requirements of this article.
B.
The Village Administrator shall notify the responsible
party by certified mail of any noncomplying land-disturbing construction activity
or postconstruction runoff. The notice shall describe the nature of the violation,
remedial actions needed, a schedule for remedial action, and additional enforcement
action which may be taken.
C.
Upon receipt of written notification from the Village Administrator under Subsection B, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Village Administrator in the notice.
D.
If the violations to a permit issued pursuant to this
article are likely to result in damage to properties, public facilities, or
waters of the state, the Village Administrator may enter the land and take
emergency actions necessary to prevent such damage. The costs incurred by
the Village Administrator, plus interest and legal costs, shall be billed
to the responsible party.
E.
The Village Administrator is authorized to post a stop-work
order on all land-disturbing construction activity that is in violation of
this article, or to request the Village Attorney to obtain a cease and desist
order in any court with jurisdiction.
F.
The Village Administrator may revoke a permit issued
under this article for noncompliance with ordinance provisions.
G.
Any permit revocation, stop-work order, or cease and
desist order shall remain in effect unless retracted by the Village Administrator
or by a court with jurisdiction.
H.
The Village Administrator is authorized to refer any
violation of this article, or of a stop-work order or cease and desist order
issued pursuant to this article, to the Village Attorney for the commencement
of further legal proceedings in any court with jurisdiction.
I.
Any person, firm, association, or corporation who does not comply with the provisions of this article shall be subject to a forfeiture as prescribed in § 1-19 of the Village Code. Each day that the violation exists shall constitute a separate offense.
J.
Compliance with the provisions of this article may also
be enforced by injunction in any court with jurisdiction. It shall not be
necessary to prosecute for forfeiture or a cease and desist order before resorting
to injunctional proceedings.
K.
When the Village Administrator determines that the holder of a permit issued pursuant to this article has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the Village Administrator or a party designated by the Village Administrator may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The Village 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 security posted pursuant to § 218-31 of this article. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.
A.
Board of Appeals. The Board of Appeals, created pursuant to § 6-5 of the Osceola Village Code pursuant to § 61.354(4)(b), Wis. Stats., shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Village Administrator in administering this article. The Board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the Board may authorize variances from the provisions of this article that are not contrary to the public interest, and where owing to special conditions a literal enforcement of the ordinance will result in unnecessary hardship.
B.
Who may appeal. Appeals to the Board of Appeals may be
taken by any aggrieved person or by an officer, department, board, or bureau
of the Village of Osceola affected by any decision of the Village Administrator.
If any section, clause, provision or portion of this article 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.
