[Added 5-20-2008 by Ord. No. 840; 5-3-2011 by Ord. No. 855; amended 5-3-2016 by Ord. No.
879]
(1)
This article is adopted by the Village Board of Trustees under the
authority granted by § 61.354, Wis. Stats., for villages.
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.
(2)
The provisions of this article are deemed not to limit any other
lawful regulatory powers of the same governing body.
(3)
The Village Board of Trustees hereby designates the Village Manager
to administer and enforce the provisions of this article.
(4)
The requirements of this article do not preempt more stringent stormwater
management requirements that may be imposed by any of the following:
(a)
Wisconsin Department of Natural Resources administrative rules,
permits or approvals, including those authorized under §§ 281.16
and 283.33, Wis. Stats.
(b)
Targeted nonagricultural performance standards promulgated in
rules by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
(c)
Milwaukee Metropolitan Sewerage District.
The Village Board of Trustees acknowledges that uncontrolled,
post-construction runoff has a significant impact upon water resources
and the health, safety and general welfare of the community and diminishes
the public enjoyment and use of natural resources. Specifically, uncontrolled
post-construction runoff can:
(1)
Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
(2)
Diminish the capacity of lakes and streams to support fish, aquatic
life, recreational and water supply uses by increasing pollutant loading
of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
(3)
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads.
(4)
Reduce the quality of groundwater by increasing pollutant loading.
(5)
Threaten public health, safety, property and general welfare by overtaxing
storm sewers, drainageways, and other minor drainage facilities.
(6)
Threaten public health, safety, property, and general welfare by
increasing major flood peaks and volumes.
(7)
Undermine floodplain management efforts by increasing the incidence
and levels of flooding.
(8)
Aggravate excessive infiltration and inflow of water into sanitary
sewer connections during peak storm events causing the conveyance
system to surcharge, overflow, or back up into basements.
(1)
Purpose. The general purpose of this article is to establish long-term,
post-construction runoff management requirements that will diminish
the threats to public health, safety, welfare and the aquatic environment.
Specific purposes are to:
(a)
Further the maintenance of safe and healthful conditions.
(b)
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.
(c)
Control exceedance of the safe capacity of existing drainage
facilities and receiving water bodies; prevent undue channel erosion;
and control increases in the scouring and transportation of particulate
matter.
(d)
Minimize the amount of pollutants discharged from the separate
storm sewer to protect the waters of the state.
(2)
Intent. It is the intent of the Village Board of Trustees that this
article regulates post-construction stormwater discharges to waters
of the state. This article may be applied on a site-by-site basis.
The Village Board of Trustees 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 of Trustees, it is the intent of
this article that the approved stormwater management plan be used
to identify post-construction management measures acceptable for the
community.
(1)
Applicability.
(a)
Except as provided under Subsection (1)(b) or (c), the water quality management duties apply to a post-construction site whereupon one acre or more of land-disturbing construction activity occurs during construction, and the water quantity management duties apply to a post-construction site that increases impervious surface by 1/2 acre or more.
(b)
A site that meets any of the criteria in this subsection is
exempt from the water quality requirements of this article:
1.
A post-construction site with less than ten-percent connected
imperviousness, based on the area of land disturbance, provided the
cumulative area of all impervious surfaces is less than one acre.
However, the exemption of this subsection does not include exemption
from the protective area standard of this article.
2.
Agricultural facilities and practices.
3.
Underground utility construction, but not including the construction
of any aboveground structures associated with utility construction.
(c)
Water quantity management duties do not apply if:
1.
Residential infill on a site five acres or less; site is exclusively
residential; net increase in the area of impervious surface is less
than 20% of the area of the site; and each boundary of the site is
contiguous to sites that contain earlier development served by sanitary
sewers, streets, or public water supply when the governmental unit
receives the plans for the new development or parkland, other public
land, a utility right-of-way, or a watercourse.
2.
Sites where area of impervious surface after development or
redevelopment will be 5% or less of the total area of the site.
3.
Recreation trails if the trail is less than or equal to 10 feet
in width and has a continuous pervious buffer at least five feet wide
on each side disregarding interruption by streets, driveways, or other
impervious surfaces crossing the trail.
(d)
Notwithstanding the applicability requirements in Subsection (1)(a), this article applies to post-construction sites of any size that, as determined by the Village Manager, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, causes undue channel erosion, or increases water pollution by scouring or the transportation of particulate matter.
(2)
Jurisdiction. This article applies to post-construction sites within
the boundaries and jurisdiction of the Village of Greendale;
(3)
Exclusions. This article is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.
Maintenance of sufficient vegetation types and densities
such that the physical integrity of the streambank or lakeshore is
preserved. Self-sustaining vegetative cover includes grasses, forbs,
sedges and duff layers of fallen leaves and woody debris.
A governmental employee, or a regional planning commission
empowered under § 61.354, Wis. Stats., that is designated
by the Village Board of Trustees to administer this article.
Has the meaning given in § 281.16(1), Wis. Stats.
The National Oceanic and Atmospheric Administration (NOAA)
Atlas 14 Precipitation-Frequency Atlas of the United States, Volume
8 (Midwestern States), published in 2013.
A typical calendar year of precipitation as determined by
the Wisconsin Department of Natural Resources for users of models
such as WinSLAMM, P8 or equivalent methodology. The average annual
rainfall is chosen from a department publication for the location
closest to the municipality.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or pollutants carried
in runoff to waters of the state.
A day the office of the Village Manager is routinely and
customarily open for business.
A court-issued order to halt land-disturbing construction
activity that is being conducted without the required permit or in
violation of a permit issued by the Village Manager.
A system for conveying both sanitary sewage and stormwater
runoff.
An impervious surface connected to the waters of the state
via a separate storm sewer, an impervious flow path, or a minimally
pervious flow path.
The period starting at the time of peak rainfall intensity
with a duration equal to the time of concentration of the watershed.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency
and total depth of rainfall.
Residential, commercial, industrial or institutional land
uses and associated roads.
Wells, sinkholes, swallets, fractured bedrock at the surface,
mine shafts, nonmetallic mines, tile inlets discharging to groundwater,
quarries, or depressional groundwater recharge areas over shallow
fractured bedrock.
The creation from one parcel of two or more parcels or building
sites of 1.5 or fewer acres each in area where such creation occurs
at one time or through the successive partition within a five-year
period.
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
The process by which the land's surface is worn away
by the action of wind, water, ice or gravity.
Waters listed in § NR 102.11, Wis. Adm. Code.
The unincorporated area within three miles of the corporate
limits of a first, second, or third class city, or within 1 1/2
miles of a fourth class city or village.
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 regulatory authority for the site.
All land-disturbing construction activities at the construction
site have been completed and a uniform perennial vegetative cover
has been established with a density of at least 70% of the cover for
the unpaved areas and areas not covered by permanent structures or
that employ equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the Village Manager
by the responsible party to assure that requirements of the article
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, gravel or paved parking lots and streets are
examples of areas that typically are impervious.
An undeveloped area of land located within an existing urban
sewer service area, surrounded by development or development and natural
or man-made features where development cannot occur.
The entry of precipitation or runoff into or through the
soil.
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices, such as swales or road side channels designed for
conveyance and pollutant removal only.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. Land-disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
Any person holding fee title, an easement or other interest
in property, which allows the person to undertake cropping, livestock
management, land-disturbing construction activity or maintenance of
stormwater BMPs on the property.
A legal document that provides for long-term maintenance
of stormwater management practices.
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this article as determined in accordance with § 26.06 of this article.
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
A specific precipitation distribution developed by the United
States Department of Agriculture, Natural Resources Conservation Service,
using precipitation data from Atlas 14. MSE3 is applicable for Milwaukee
County.
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 No. 200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Village Manager to the
applicant to conduct land-disturbing construction activity or to discharge
post-construction runoff to waters of the state.
A sum of money paid to the Village Manager by the permit
applicant for the purpose of recouping the expenses incurred by the
authority in administering the permit.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
A construction site following the completion of land-disturbing
construction activity and final site stabilization.
The extent and distribution of land cover types present before
the initiation of land-disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
Has the meaning given in § NR 140.05(17), Wis.
Adm. Code.
An area of land that commences at the top of the channel
of lakes, streams and rivers, or at the delineated boundary of wetlands,
and that is the greatest of the following widths, as measured horizontally
from the top of the channel or delineated wetland boundary to the
closest impervious surface.
Any road, alley, street, parking lot, sidewalk, plaza, mall,
or pathway owned by or dedicated to a governmental unit.
A path that is:
Areas where development is replacing older development.
The peak flow and peak elevations of water with a one-percent
probability of occurring during any one year, considering rainfall
time and intensity patterns, rainfall duration, area distribution,
antecedent moisture, and snow melt.
The area of land covered by water during the regional flood.
The landowner or any other entity performing services to
meet the requirements of this article through a contract or other
agreement.
Stormwater or precipitation, including rain, snow or ice
melt or similar water that moves on the land surface via sheet or
channelized flow.
The complete combination of structural and nonstructural
means used to reduce the rate or volume of runoff from a particular
area, including, but not limited to, facilities constructed for conveyance
and storage, management practices, and the protection, creation, or
restoration of natural areas or systems such as vegetated swales,
prairies, and wetlands for storage, conveyance, or infiltration.
The volume of stormwater flowing off of development per unit
of time and area.
A conveyance or system of conveyances, including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria:
Activities including tree nursery operations, tree harvesting
operations, reforestation, tree thinning, prescribed burning, and
pest and fire control. Clearing and grubbing of an area of a construction
site is not a silviculture activity.
The entire area included in the legal description of the
land on which the land-disturbing construction activity occurred.
An order issued by the Village Manager 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.
Is 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.
The time required for the point furthest from the outlet
of the watershed to contribute to flow at the outlet of the watershed.
An edge, or point on the landscape landward from the ordinary
high-water mark of a surface water of the state, where the slope of
the land begins to be less than 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the initial
50 feet landward from the ordinary high-water mark, the top of the
channel is the ordinary high-water mark.
The amount of pollutants specified as a function of one or
more water quality parameters that can be discharged per day into
a water quality limited segment and still ensure attainment of the
applicable water quality standard.
Technical Paper No. 40, Rainfall Frequency Atlas of the United
States, published in 1961.
The United States Department of Agriculture, Natural Resources
Conservation Service (previously Soil Conservation Service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986, which is incorporated by reference for this chapter.
A highway, a railroad, a public mass transit facility, a
public-use airport, a public trail or any other public work for transportation
purposes such as harbor improvements under § 85.095(1)(b),
Wis. Stats. Transportation facility does not include building sites
for the construction of public buildings and buildings that are places
of employment that are regulated by the Department pursuant to § 281.33,
Wis. Stats.
Total suspended solids.
A rainfall-type curve as established in the United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published in 1973.
The village board of trustees or village council.
Includes those portions of Lake Michigan and Lake Superior
within the boundaries of this state, and all lakes, bays, rivers,
streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses,
drainage systems and other surface water or groundwater, natural or
artificial, public or private, within this state or its jurisdiction.
Maximum extent practicable applies when a person who is subject
to a performance standard of this article demonstrates to the Village
Manager's satisfaction that a performance standard is not achievable
and that a lower level of performance is appropriate. In making the
assertion that a performance standard is not achievable and that a
level of performance different from the performance standard is the
maximum extent practicable, the responsible party shall take into
account the best available technology, cost effectiveness, geographic
features, and other competing interests such as protection of public
safety and welfare, protection of endangered and threatened resources,
and preservation of historic properties.
The following methods shall be used in designing the water quality,
peak discharge, and infiltration components of stormwater practices
needed to meet the water quality and quantity standards of this article:
(1)
Consistent with the technical standards identified, developed or
disseminated by the Wisconsin Department of Natural Resources under
Subchapter V of Chapter NR 151, Wis. Adm. Code.
(2)
Where technical standards have not been identified or developed by
the Wisconsin Department of Natural Resources, other technical standards
may be used, provided that the methods have been approved by the Village
Manager.
(3)
The most recent rainfall data identified by the Southeastern Wisconsin Regional Planning Commission shall be used for the analyses required by Chapter 13 of the Milwaukee Metropolitan Sewerage District rules as implemented and enforced by the Village of Greendale.
Note to Users: Pollutant loading models such as WinSLAMM, or
equivalent methodology as approved by the Village, may be used to
evaluate the efficiency of the design in reducing total suspended
solids. Use the most recent version of the model and the rainfall
files and other parameter files identified for Wisconsin users unless
directed otherwise by the regulatory authority.
(1)
Responsible party. The responsible party shall comply with this section.
(2)
Stormwater management plan. A written stormwater management plan in accordance with § 26.10 shall be developed and implemented for each post-construction site.
(3)
Maintenance of effort. For redevelopment sites where the redevelopment
will be replacing older development that was subject to post-construction
performance standards of NR 151 in effect on or after October 1, 2004,
the responsible party shall meet the total suspended solids reduction,
peak flow control, infiltration, and protective areas standards applicable
to the older development or meet the redevelopment standards of this
article, whichever is more stringent.
(4)
Requirements. The stormwater management plan required under Subsection (2) shall include the following:
(a)
Total suspended solids. BMPs shall be designed, installed and maintained
to control total suspended solids carried in runoff from the post-construction
site as follows:
1.
BMPs shall be designed in accordance with Table 1 or to the
maximum extent practicable as provided in Subsection (4)(a)2. The
design shall be based on an average annual rainfall, as compared to
no runoff management controls.
|
Table 1. TSS Reduction Standards
| ||
|---|---|---|
|
Development Type
|
TSS Reduction
| |
|
New development
|
80%
| |
|
In-fill development
|
80%
| |
|
Redevelopment
|
40% of load from parking areas and roads
| |
2.
Maximum extent practicable. If the design cannot meet a total
suspended solids reduction performance standard of Table 1, the stormwater
management plan shall include a written, site-specific explanation
of why the total suspended solids reduction performance standard cannot
be met and why the total suspended solids load will be reduced only
to the maximum extent practicable.
3.
Off-site drainage. When designing BMPs, runoff draining to the
BMP from off-site shall be taken into account in determining the treatment
efficiency of the practice. Any impact on the efficiency shall be
compensated for by increasing the size of the BMP accordingly.
(b)
Water quantity and management of peak runoff.
1.
BMPs shall manage the volume, timing, and peak flow rate of
runoff to prevent increases in the regional flood and stream bank
erosion rates.
2.
These BMPs may be implemented either on-site or off-site as
part of a regional stormwater device, practice or system. The BMP
shall manage runoff from the post-construction site prior to discharge
to waters of the state.
3.
When implemented on a regional basis, the BMPs implemented at
a particular site shall comply with the findings of the relevant local
or regional stormwater management plan, rather than Subsection (4)(b)4
and 5.
4.
The following peak runoff reductions are required:
a.
By design, BMPs shall be employed to maintain or reduce the
one-year, twenty-four-hour post-construction peak runoff discharge
rates to the one-year, twenty-four-hour predevelopment peak runoff
discharge rates, or to the maximum extent practicable.
b.
For the fifty-percent/two-year, twenty-four-hour design storm,
BMPs shall be designed to either maintain or reduce the peak runoff
discharge rates, to the maximum extent practicable, as compared to
predevelopment conditions, or achieve a maximum runoff release rate
of 0.15 cubic feet per second per acre, whichever is more stringent.
c.
Redevelopment.
1)
For development, runoff management shall prevent increases in
the regional flood and stream bank erosion rates.
2)
If demolition or construction during redevelopment will disturb
an area larger than two acres, then the Village of Greendale shall
reduce the runoff rate by the amount listed in Table 2 for the one-percent/one-hundred-year
and fifty-percent/two-year storms, except as provided for in MMSD
Chapter 13.11(5) Rules.
|
Table 2. Runoff Reduction Requirements
| ||
|---|---|---|
|
Area Disturbed by Demolition or Construction
|
Reduction of the Existing Runoff Release Rate as of October
25, 2010
| |
|
Greater than 2 acres to 3.5 acres
|
10%
| |
|
Greater than 3.5 acres to 5 acres
|
15%
| |
|
Greater than 5 acres
|
20%
| |
3)
If redevelopment will add 1/2 acre or more of impervious surface,
then the requirements of Subsection (4)(b)4c1 apply rather than Subsection
(4)(b)4c2.
d.
The runoff curve numbers in Table 3 shall be used to represent
the actual predevelopment conditions. Peak discharges shall be calculated
using TR-55 runoff curve number methodology, Atlas 14 precipitation
depths, and the NRCS Wisconsin MSE3 precipitation distribution (for
Milwaukee County). On a case-by-case basis, the Village Manager may
allow the use of TP-40 precipitation depths and the Type II distribution.
Note to Users: For determining compliance with the peak flow
requirement, the Department recommends use of the National Oceanic
and Atmospheric Administration (NOAA) Atlas 14 Precipitation Frequency
Estimates for precipitation depth. The Natural Resources Conservation
Service (NRCS) - Wisconsin has calculated county-specific Atlas 14
precipitation depths, and they are to be used in combination with
the appropriate NRCS MSE3 or MSE4 precipitation distribution. The
NRCS calculated county-specific Atlas 14 precipitation depths and
MSE3 and MSE4 precipitation distributions are available at:
http://www.nrcs.usda.gov/wps/portal/nrcs/detail/wi/technical/
engineering/?cid=nrcs142p2_025417.
|
Table 3. Maximum Predevelopment Runoff Curve Numbers
| |||||
|---|---|---|---|---|---|
|
Runoff Curve Number
|
Hydrologic Soil Group
| ||||
|
A
|
B
|
C
|
D
| ||
|
Woodland
|
30
|
55
|
70
|
77
| |
|
Grassland
|
39
|
61
|
71
|
78
| |
|
Cropland1
|
55
|
68
|
77
|
80
| |
|
1
|
Maximum curve numbers from MMSD Chapter 13 Technical Guidance
|
|
Note to Users: Where the predevelopment condition is a combination
of woodland, grassland, or cropland, the runoff curve number should
be prorated by area.
|
e.
For the one-percent/one-hundred-year, twenty-four-hour design
storm, BMPs shall be designed to achieve a runoff release rate that
is less than or equal to either:
5.
This subsection of the article does not apply to any of the
following:
a.
A post-construction site where the discharge is directly into
a lake over 5,000 acres or a stream or river segment draining more
than 500 square miles.
c.
An in-fill development area less than five acres.
Note to Users: The intent of the peak discharge standard is
to minimize stream bank erosion, under bank-full conditions. For water
quantity concerns, the post-development peak flow rate for the ten-
and one-hundred-year, twenty-four-hour storm events should also be
controlled either at or below predevelopment discharge rates.
(c)
Infiltration.
1.
Best Management Practices. BMPs shall be designed, installed,
and maintained to infiltrate runoff in accordance with the following
or to the maximum extent practicable:
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 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 post-construction 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-development infiltration volume shall
be at least 75% 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.
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.
Predevelopment. The predevelopment condition shall be the same
as specified in Table 3 of the peak discharge section of this article.
3.
Source areas.
a.
Prohibitions. Runoff from the following areas may not be infiltrated and may not qualify as contributing to meeting the requirements of this section unless demonstrated to meet the conditions identified in § 26.08(4)(c)6:
1)
Areas associated with a tier 1 industrial facility identified
in § NR 216.21(2)(a), including storage, loading and parking.
Rooftops may be infiltrated with the concurrence of the regulatory
authority.
2)
Storage and loading areas of a tier 2 industrial facility identified
in § NR 216.21(2)(b).
Note to Users: Runoff from the employee and guest parking and
rooftop areas of a tier 2 facility may be infiltrated, but runoff
from the parking area may require pretreatment.
3)
Fueling and vehicle maintenance areas. Runoff from rooftops
of fueling and vehicle maintenance areas may be infiltrated with the
concurrence of the regulatory authority.
b.
Exemptions. Runoff from the following areas may be credited
toward meeting the requirement when infiltrated, but the decision
to infiltrate runoff from these source areas is optional:
1)
Parking areas and access roads less than 5,000 square feet for
commercial development.
2)
Parking areas and access roads less than 5,000 square feet for
industrial development not subject to the prohibitions under Subsection
(4)(c)3a.
4)
In-fill development areas less than five acres.
5)
Roads on commercial, industrial and institutional land uses,
and arterial residential roads.
4.
Location of practices.
a.
Prohibitions. Infiltration practices may not be located in the
following areas:
1)
Areas within 1,000 feet upgradient or within 100 feet downgradient
of direct conduits to groundwater.
2)
Areas within 400 feet of a community water system well as specified
in § NR 811.16(4) or within the separation distances listed
in § NR 812.08 for any private well or non-community well
for runoff infiltrated from commercial, including multifamily residential,
industrial and institutional land uses or regional devices for one-
and two-family residential development.
3)
Areas where contaminants of concern, as defined in § NR
720.03(2), are present in the soil through which infiltration will
occur.
b.
Separation distances.
1)
Infiltration practices shall be located so that the characteristics
of the soil and the separation distance between the bottom of the
infiltration system and the elevation of seasonal high groundwater
or the top of bedrock are in accordance with Table 4:
|
Table 4. Separation Distances and Soil Characteristics
| |||
|---|---|---|---|
|
Source Area
|
Separation Distance
|
Soil Characteristics
| |
|
Industrial, commercial, institutional parking lots and roads
|
5 feet or more
|
Filtering layer
| |
|
Residential arterial roads
|
5 feet or more
|
Filtering layer
| |
|
Roofs draining to subsurface infiltration practices
|
1 foot or more
|
Native or engineered soil with particles finer than coarse sand
| |
|
Roofs draining to surface infiltration practices
|
Not applicable
|
Not applicable
| |
|
All other impervious source areas
|
3 feet or more
|
Filtering layer
| |
2)
Notwithstanding Subsection (4)(c)4b, applicable requirements
for injection wells classified under Ch. NR 815 shall be followed.
c.
Infiltration rate exemptions. Infiltration practices located
in the following areas may be credited toward meeting the requirements
under the following conditions, but the decision to infiltrate under
these conditions is optional:
1)
Where the infiltration rate of the soil measured at the proposed
bottom of the infiltration system is less than 0.6 inches per hour
using a scientifically credible field test method.
2)
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.
5.
Alternate use. Where alternate uses of runoff are employed,
such as for toilet flushing, laundry, or irrigation or storage on
green roofs where an equivalent portion of the runoff is captured
permanently by rooftop vegetation, such alternate use shall be given
equal credit toward the infiltration volume required by this section.
6.
Groundwater standards.
a.
Infiltration systems designed in accordance with this section
shall, to the extent technically and economically feasible, minimize
the level of pollutants infiltrating to groundwater and shall maintain
compliance with the preventive action limit at a point of standards
application in accordance with Ch. NR 140. 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 (4)(c)69, the discharge from BMPs
shall remain below the enforcement standard at the point of standards
application.
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 (4)(c)6.
Pretreatment options may include, but are not limited to, oil and
grease separation, sedimentation, biofiltration, filtration, swales
or filter strips.
8.
Maximum extent practicable. Where the conditions of Subsection (4)(c)3 and 4 limit or restrict the use of infiltration practices, the performance standard of § 26.08(4)(c) shall be met to the maximum extent practicable.
(d)
Protective areas.
1.
Definition. In this section, "protective area" means an area
of land that commences at the top of the channel of lakes, streams
and rivers, or at the delineated boundary of wetlands, and that is
the greatest of the following widths, as measured horizontally from
the top of the channel or delineated wetland boundary to the closest
impervious surface. However, in this section, protective area does
not include any area of land adjacent to any stream enclosed within
a pipe or culvert, so that runoff cannot enter the enclosure at this
location.
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 (4)(d)1e 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 less susceptible wetlands, 10% of the average wetland width,
but no less than 10 feet nor more than 30 feet. Less susceptible wetlands
include degraded wetland dominated by invasive species such as reed
canary grass; cultivated hydric soils; and any gravel pits, or dredged
material or fill material disposal sites that take on the attributes
of a wetland.
g.
In Subsection (4)(d)1d to f, 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.
h.
Wetland boundary delineation shall be made in accordance with
§ NR 103.08(1m). This paragraph does not apply to wetlands
that have been completely filled in compliance with all applicable
state and federal regulations. The protective area for wetlands that
have been partially filled in compliance with all applicable state
and federal regulations shall be measured from the wetland boundary
delineation after a fill has been placed. Where there is a legally
authorized wetland fill, the protective area standard need not be
met in that location.
i.
For concentrated flow channels with drainage areas greater than
130 acres, 10 feet.
j.
Notwithstanding Subsection (4)(d)1a to i, the greatest protective
area width shall apply where rivers, streams, lakes and wetlands are
contiguous.
Note to User: A stream or lake is not eligible for a lower protective
area width even if contiguous to a less susceptible wetland.
2.
Applicability. This section applies to post-construction sites
located within a protective area, except those areas exempted pursuant
to Subsection (4)(d)4.
3.
Requirements. The following requirements shall be met:
a.
Impervious surfaces shall be kept out of the protective area
entirely or to the maximum extent practicable. If there is no practical
alternative to locating an impervious surface in the protective area,
the stormwater management plan shall contain a written, site-specific
explanation.
b.
Where land-disturbing construction activity occurs within a
protective area, adequate sod or self-sustaining vegetative cover
of 70% or greater shall be established and maintained where no impervious
surface is present. The adequate sod or self-sustaining vegetative
cover shall be sufficient to provide for bank stability, maintenance
of fish habitat, and filtering of pollutants from upslope overland
flow areas under sheet flow conditions. Nonvegetative materials, such
as rock riprap, may be employed on the bank as necessary to prevent
erosion such as on steep slopes or where high-velocity flows occur.
Note to Users: It is recommended that seeding of noninvasive
vegetative cover be used in the protective areas. Some invasive plants
that should not be used are listed in Ch. NR 40, Wis. Adm. Code. Flood-
and drought-tolerant vegetation that can provide long-term bank stability
because of an extensive root system is preferable. Vegetative cover
may be measured using the line transect method described in the University
of Wisconsin extension publication number A3533, titled "Estimating
Residue Using the Line Transect Method."
c.
BMPs such as filter strips, swales, or wet detention ponds,
that are designed to control pollutants from non-point sources, may
be located in the protective area.
Note to Users: Other laws, such as Ch. 30, Wis. Stats., and
Chs. NR 103, 115, 116 and 117, Wis. Adm. Code, and their associated
review and approval processes may apply in the protective area.
4.
Exemptions. This section does not apply to any of the following:
b.
In-fill development areas less than five acres.
c.
Structures that cross or access surface water such as boat landings,
bridges, and culverts.
d.
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.
e.
Areas of post-construction sites from which the runoff does
not enter the surface water, including wetlands, without first being
treated by a BMP to meet the local ordinance requirements for total
suspended solids and peak flow reduction, except to the extent that
vegetative ground cover is necessary to maintain bank stability.
Note to Users: A vegetated protective area to filter runoff
pollutants from post-construction sites described in Subsection (4)(d)4e
is not necessary since the runoff at that location is treated prior
to entering the surface water. Other practices necessary to meet the
requirements of this section, such as a swale or pond, will need to
be designed and implemented to reduce runoff pollutants prior to runoff
entering a surface water of the state.
(e)
Fueling and maintenance areas. Fueling and vehicle maintenance areas
shall have BMPs designed, installed, and maintained to reduce petroleum
within runoff, so that the runoff that enters waters of the state
contains no visible petroleum sheen, or to the maximum extent practicable.
Note to Users: A combination of the following BMPs may be used:
oil and grease separators, canopies, petroleum spill cleanup materials,
or any other structural or nonstructural method of preventing or treating
petroleum in runoff.
(5)
General considerations for stormwater management measures. The following
considerations shall be observed in on-site and off-site runoff management:
(a)
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.
(b)
Emergency overland flow for all stormwater facilities shall
be provided to prevent exceeding the safe capacity of downstream drainage
facilities and prevent endangerment of downstream property or public
safety.
(6)
BMP location.
(a)
To comply with the performance standards required under § 26.08 of this article, BMPs may be located on-site or off-site as part of a regional stormwater device, practice or system, but shall be installed in accordance with § NR 151.003, Wis. Adm. Code.
(b)
The Village Manager may approve off-site management measures,
provided that all of the following conditions are met:
1.
The Village Manager determines that the post-construction runoff
is covered by a stormwater management system plan that is approved
by the Village of Greendale and that contains management requirements
consistent with the purpose and intent of this article.
2.
The off-site facility meets all of the following conditions:
a.
The facility is in place.
b.
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.
c.
The facility has a legally obligated entity responsible for
its long-term operation and maintenance.
(c)
Where a regional treatment option exists such that the Village
Manager 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
Manager. In determining the fee for post-construction runoff, the
Village Manager shall consider an equitable distribution of the cost
for land, engineering design, construction, and maintenance of the
regional treatment option.
(7)
Additional requirements. The Village Manager may establish stormwater
management requirements more stringent than those set forth in this
article if the Village Manager determines that the requirements are
needed to control stormwater quantity or control flooding, comply
with federally approved total maximum daily load requirements, or
control pollutants associated with existing development or redevelopment.
(8)
Credit for removal of impervious surfaces.
(a)
Same site credit.
1.
The Village Manager may use the removal of pavement, covered
structures, or other impervious surfaces at the same property to calculate
the net post-construction impervious acreage and corresponding water
quantity management duties to meet MMSD 13.11 requirements. The credit
does not change the water quantity management requirements under Subsection
(4)(b)4a and b.
2.
Credit may equal, but not be larger than, the acreage of impervious surfaces removed when runoff release rates and detention are the best management practices utilized at the site. When best management practices with a higher order of preference are utilized in lieu of detention, equivalent credit may be granted as determined by the Village Manager with the concurrence of the MMSD. Credit for reducing impervious surfaces at a site, not utilized by the development on the site, belongs to the Village Manager and may be banked for allocation to other development within the watershed under Subsection (8)(b).
(b)
Dispersed site in same watershed credit. The Village Manager
may bank the removal of impervious surface, which individually must
be 1/2 acre or more, within the same watershed, where the volume,
timing and peak flow runoff will be distributed over the critical
time sufficient to assure the level of protection provided by MMSD
flood abatement projects will not be reduced. The Village Manager
may allocate banked credit to promote a policy of smart growth. The
total acreage banked or allocated, or both, shall be reported, by
watershed or subwatershed, annually to the MMSD for concurrence. The
credit does not change the water quantity management requirements
under Subsection (4)(b)4a and b.
(1)
Permit required. No responsible party may undertake a land-disturbing
construction activity without receiving a post-construction runoff
permit from the Village Manager prior to commencing the proposed activity.
(2)
Permit application and fees. Unless specifically excluded by this
article, any responsible party desiring a permit shall submit to the
Village Manager a permit application on a form provided by the Village
Manager for that purpose.
(a)
Unless otherwise excluded by this article, a permit application
must be accompanied by a stormwater management plan, a maintenance
agreement and a nonrefundable permit administration fee.
(b)
The stormwater management plan shall be prepared to meet the requirements of §§ 26.08 and 26.10, the maintenance agreement shall be prepared to meet the requirements of § 26.11, the financial guarantee shall meet the requirements of § 26.12, and fees shall be those established by the Village Board of Trustees as set forth in § 26.13.
(3)
Permit application review and approval. The Village Manager 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:
(a)
Within 15 business days of the receipt of a complete permit application, including all items as required by Subsection (2), the Village Manager shall inform the applicant whether the application, stormwater management plan and maintenance agreement are approved or disapproved based on the requirements of this article.
(b)
If the stormwater permit application, stormwater management
plan and maintenance agreement are approved, or if an agreed-upon
payment of fees in lieu of stormwater management practices is made,
the Village Manager shall issue the permit.
(c)
If the stormwater permit application, stormwater management
plan or maintenance agreement is disapproved, the Village Manager
shall detail in writing the reasons for disapproval.
(d)
The Village Manager may request additional information from
the applicant. If additional information is submitted, the Village
Manager shall have 10 business days from the date the additional information
is received to inform the applicant that the stormwater management
plan and maintenance agreement are either approved or disapproved.
(e)
Failure by the Village Manager to inform the permit applicant
of a decision within 60 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.
(4)
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 Manager may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Village Manager to suspend or revoke this permit may be appealed in accordance with § 26.15.
(a)
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.
(b)
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.
(c)
The responsible party shall notify the Village Manager at least three business days before commencing any work in conjunction with the stormwater management plan, and within three business days upon completion of the stormwater management practices. If required as a special condition under Subsection (5), the responsible party shall make additional notification according to a schedule set forth by the Village Manager so that practice installations can be inspected during construction.
(d)
Practice installations required as part of this article shall
be certified "as built" or "record" drawings by a licensed professional
engineer. Completed stormwater management practices must pass a final
inspection by the Village Manager or its designee to determine if
they are in accordance with the approved stormwater management plan
and ordinance. The Village Manager 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.
(e)
The responsible party shall notify the Village Manager of any
significant modifications it intends to make to an approved stormwater
management plan. The Village Manager 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.
(f)
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
of Trustees, or are transferred to subsequent private owners as specified
in the approved maintenance agreement.
(g)
The responsible party authorizes the Village Manager 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 § 26.12.
(h)
If so directed by the Village Manager, 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.
(i)
The responsible party shall permit property access to the Village
Manager or its designee for the purpose of inspecting the property
for compliance with the approved stormwater management plan and this
permit.
(j)
Where site development or redevelopment involves changes in
direction, increases in peak rate and/or total volume of runoff from
a site, the Village Manager may require the responsible party to make
appropriate legal arrangements with affected property owners concerning
the prevention of endangerment to property or public safety.
(1)
Stormwater management plan requirements. The stormwater management plan required under § 26.08(2) shall contain at a minimum the following information:
(a)
Name, address, and telephone number for the following or their
designees: landowner; developer; project engineer for practice design
and certification; person(s) responsible for installation of 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.
(b)
A proper legal description of the property proposed to be developed,
referenced to the United States Public Land Survey system or to block
and lot numbers within a recorded land subdivision plat.
(c)
Predevelopment site conditions, including:
1.
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.
2.
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).
(d)
Post-development site conditions, including:
1.
Explanation of the provisions to preserve and use natural topography
and land cover features to minimize changes in peak flow runoff rates
and volumes to surface waters and wetlands.
2.
Explanation of any restrictions on stormwater management measures
in the development area imposed by wellhead protection plans and ordinances.
3.
One or more site maps at a scale of not less than one inch equals
100 feet showing the following: post-construction pervious areas,
including vegetative cover type and condition; impervious surfaces,
including all buildings, structures, and pavement; post-construction
topographic contours of the site at a scale not to exceed two feet;
post-construction drainage network, including enough of the contiguous
properties to show runoff patterns onto, through, and from the site;
locations and dimensions of drainage easements; locations of maintenance
easements specified in the maintenance agreement; flow path and direction
for all stormwater conveyance sections; location and type of all stormwater
management conveyance and treatment practices, including the on-site
and off-site tributary drainage area; location and type of conveyance
system that will carry runoff from the drainage and treatment practices
to the nearest adequate outlet such as a curbed street, storm drain,
or natural 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.
4.
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. The computations shall be made
for each discharge point in the development, and the geographic areas
used in making the calculations shall be clearly cross-referenced
to the required map(s).
5.
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.
(e)
A description and installation schedule for the stormwater management practices needed to meet the performance standards in § 26.08.
(f)
A maintenance plan developed for the life of each stormwater
management practice, including the required maintenance activities
and maintenance activity schedule.
(g)
Cost estimates for the construction, operation, and maintenance
of each stormwater management practice.
(h)
Other information requested in writing by the Village Manager
to determine compliance of the proposed stormwater management measures
with the provisions of this article.
(i)
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.
(1)
Maintenance agreement required. The maintenance agreement required under § 26.09(2) for stormwater management practices shall be an agreement between the Village of Greendale 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.
(2)
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 26.10(1)(f):
(a)
Identification of the stormwater facilities and designation of the
drainage area served by the facilities.
(b)
A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under § 26.09(2).
(c)
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 § 26.09(2).
(d)
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 (2)(b).
(e)
Authorization for the Village Manager, its designee and the
Milwaukee Metropolitan Sewerage District 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.
(f)
A requirement on the Village Manager 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.
(g)
Agreement that the party designated under Subsection (2)(c), as responsible for long-term maintenance of the stormwater management practices, shall be notified by the Village Manager of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Village Manager.
(h)
Authorization of the Village Manager to perform the corrected actions identified in the inspection report if the responsible party designated under Subsection (2)(c) does not make the required corrections in the specified time period. The Village Manager shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subch. VII of Ch. 66, Wis. Stats.
(1)
Establishment of the guarantee. The Village Manager may require the
submittal of a financial guarantee, the form and type of which shall
be acceptable to the Village Manager. The financial guarantee shall
be in an amount determined by the Village Manager to be the estimated
cost of construction and the estimated cost of maintenance of the
stormwater management practices during the period which the designated
party in the maintenance agreement has maintenance responsibility.
The financial guarantee shall give the Village Manager 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 Manager that the requirements of this article
have not been met.
(2)
Conditions for release. Conditions for the release of the financial
guarantee are as follows:
(a)
The Village Manager shall release the portion of the financial
guarantee established under this section, less any costs incurred
by the Village Manager to complete installation of practices, upon
submission of "as built plans" or "record" drawings by a licensed
professional engineer. The Village Manager may make provisions for
a partial pro-rata release of the financial guarantee based on the
completion of various development stages.
(b)
The Village Manager 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 Manager,
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 Manager and may from time to time be
modified by resolution. A schedule of the fees established by the
Village Manager shall be available for review in the Village Hall,
6500 Northway, Greendale, WI 53129. The initial fee shall be not less
than $100, plus any other fees or costs incurred by the Village in
reviewing the permit, including but not limited to outside professional
services, etc.
(1)
Any land-disturbing construction activity or post-construction runoff
initiated after the effective date of this article by any person,
firm, association, or corporation subject to the provisions of this
article shall be deemed a violation unless conducted in accordance
with the requirements of this article.
(2)
The Village Manager shall notify the responsible party by certified
mail of any noncomplying land-disturbing construction activity or
post-construction runoff. The notice shall describe the nature of
the violation, remedial actions needed, a schedule for remedial action,
and additional enforcement action which may be taken.
(3)
Upon receipt of written notification from the Village Manager under Subsection (2), 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 Manager in the notice.
(4)
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 Manager may enter the land and take emergency
actions necessary to prevent such damage. The costs incurred by the
Village Manager plus interest and legal costs shall be billed to the
responsible party.
(5)
The Village Manager 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.
(6)
The Village Manager may revoke a permit issued under this article
for noncompliance with ordinance provisions.
(7)
Any permit revocation, stop-work order, or cease-and-desist order
shall remain in effect unless retracted by the Village Manager or
by a court with jurisdiction.
(8)
The Village Manager is authorized to refer any violation of this
article, or a stop-work order or cease-and-desist order issued pursuant
to this article, to the Village Attorney for the commencement of further
legal proceedings in any court with jurisdiction.
(9)
Any person, firm, association, or corporation who does not comply with the provisions of this article shall be subject to penalties as identified in § 25.04 of the Municipal Code of Ordinances. Each day that the violation exists shall constitute a separate offense.
(10)
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.
(11)
When the Village Manager 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 Manager or a party designated by the Village Manager may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved stormwater management plan. The Village Manager 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 § 26.12 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.
(1)
Board of Appeals. The board of appeals, created pursuant to § 1.32 of the Village of Greendale ordinances 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 Manager 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 article will result in unnecessary hardship.
(2)
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 Greendale affected by any decision of the Village Manager.
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.
This article shall be in force and effect from and after its
adoption and publication. The above and foregoing ordinance was duly
adopted by the Village Board of Trustees of the Village of Greendale
on the third of May, 2016.
