[HISTORY: Adopted by the Village Board of the Village of
Sherwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-24-2017[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Construction Site Erosion Control, adopted 3-24-2008 by Ord. No. 08-98,
as amended.
A.
This article is adopted by the Sherwood 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 construction site erosion control. 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 governing body.
C.
The Village Board hereby designates the Village Administrator to
administer and enforce the provisions of this article. Any powers
granted or duties imposed upon the Village Administrator may be delegated
in writing by the Village Administrator to persons or entities acting
in the beneficial interest of or in the employ of the authorized enforcement
agency.
D.
The requirements of this article do not preempt more stringent erosion
and sediment control requirements that may be imposed by any of the
following:
The Village Board finds that runoff from land-disturbing construction
activity carries a significant amount of sediment and other pollutants
to the waters of the state in the Village of Sherwood.
It is the purpose of this article to further the maintenance
of safe and healthful conditions; prevent and control water pollution;
prevent and control soil erosion; protect spawning grounds, fish and
aquatic life; control building sites, placement of structures and
land uses; preserve ground cover and scenic beauty; and promote sound
economic growth, by minimizing the amount of sediment and other pollutants
carried by runoff or discharged from land-disturbing construction
activity to waters of the state in the Village of Sherwood.
A.
Applicability.
(1)
Where not otherwise limited by law, this article applies to all construction sites, unless the site is otherwise exempt under § 13-4A(2) or (3):
(a)
A permit is required for a construction site with 4,000 square feet or greater of land-disturbing construction activity. The responsible party shall comply with all applicable provisions of this article for a permitted site, including the § 13-7B performance standards, § 13-8 permit requirements, and § 13-9 plan requirements.
(b)
A permit is not required for a construction site with less than 4,000 square feet of land-disturbing construction activity. The responsible party shall comply with all applicable provisions of this article for a nonpermitted site, including the § 13-7A performance standards.
(c)
Notwithstanding the applicability requirements in § 13-4A(1)(a) and (b), a permit is required for a construction site with less than 4,000 square feet of land-disturbing construction activity if the administering authority determines that permit coverage is needed in order to improve article compliance, meet targeted performance standards, or protect waters of the state. If a permit is required, the responsible party shall comply with all applicable provisions of this article for a permitted site, including the § 13-7B performance standards, § 13-8 permit requirements, and § 13-9 plan requirements.
(3)
A construction site exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under 40 CFR 122, for land-disturbing construction activity, shall comply with § 13-7A performance standards if less than one acre of land-disturbing construction activity. The § 13-7B performance standards, § 13-8 permit requirements, and § 13-9 plan requirements are not applicable.
B.
Jurisdiction. This article applies to land-disturbing construction
activity on construction sites located within the boundaries and jurisdiction
of the Village of Sherwood.
C.
Exclusions. This article is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.,
but also including the office of district attorney, which is subject
to the state plan promulgated or a memorandum of understanding entered
into under § 281.33(2), Wis. Stats.
As used in this article, the following terms shall have the
meanings indicated:
A governmental employee, or a regional planning commission
empowered under § 61.354, Wis. Stats., that is designated
by the Village Board to administer this article.
The part of the farm where there is planting, growing, cultivating
and harvesting of crops for human or livestock consumption and pasturing
or outside yarding of livestock, including sod farms and silviculture.
Practices in this area may include waterways, drainage ditches, diversions,
terraces, farm lanes, excavation, filling and similar practices. The
agricultural activity area does not include the agricultural production
area.
The part of the farm where there is concentrated production
activity or impervious surfaces. Agricultural production areas include
buildings, driveways, parking areas, feed storage structures, manure
storage structures, and other impervious surfaces. The agricultural
production area does not include the agricultural activity area.
The National Oceanic and Atmospheric Administration (NOAA)
Atlas 14 Precipitation-Frequency Atlas of the United States, Volume
8 (Midwestern States), published in 2013.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the state.
A day the office of the administering authority 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 development or sale where multiple separate and distinct
land-disturbing construction activities may be taking place at different
times on different schedules but under one plan. A common plan of
development or sale includes, but is not limited to, subdivision plats,
certified survey maps, and other developments.
An area upon which one or more land-disturbing construction
activities occur, including areas that are part of a larger common
plan of development.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency
and total depth of rainfall. The TP-40, Type II, twenty-four-hour
design storms for the Village of Sherwood are one-year, 2.2 inches;
two-year, 2.5 inches; five-year, 3.3 inches; ten-year, 3.8 inches;
twenty-five-year, 4.4 inches; fifty-year, 4.9 inches; and one-hundred-year,
5.3 inches. The Atlas 14, MSE4, twenty-four-hour design storms for
the Village of Sherwood are: one-year, 2.14 inches; two-year, 2.47
inches; five-year, 3.06 inches; ten-year, 3.60 inches; twenty-five-year,
4.45 inches; fifty-year, 5.17 inches; and one-hundred-year, 5.96 inches.
Residential, commercial, industrial, institutional, or other
land uses and associated roads.
The creation from one or more parcels or building sites of
additional parcels or building sites where such creation occurs at
one time or through the successive partition within a five-year period.
The process by which the land's surface is worn away
by the action of wind, water, ice or gravity.
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
The unincorporated area within three miles of the corporate
limits of a first, second, or third class city, or within 1.5 miles
of a fourth class city or village.
All land-disturbing construction activities at the construction
site have been completed and a uniform perennial vegetative cover
has been established, with a density of at least 70% of the cover,
for the unpaved areas and areas not covered by permanent structures,
or that employ equivalent permanent stabilization measures.
Town board of supervisors, county board of supervisors, city
council, village board of trustees or village council.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of pollutants into the municipal separate storm
sewer or waters of the state. Land-disturbing construction activity
includes clearing and grubbing, demolition, excavating, pit trench
dewatering, filling and grading activities, and soil stockpiling.
The highest level of performance that is achievable but is
not equivalent to a performance standard identified within this article.
Maximum extent practicable applies when the permit applicant demonstrates
to the administering authority's satisfaction that a performance
standard is not achievable and that a lower level of performance is
appropriate. In making the assertion that a performance standard is
not achievable and that a level of performance different from the
performance standard is the maximum extent practicable, the permit
applicant shall take into account the best available technology, cost
effectiveness, geographic features, and other competing interests
such as protection of public safety and welfare, protection of endangered
and threatened resources, and preservation of historic properties.
A specific precipitation distribution developed by the United
States Department of Agriculture (USDA), Natural Resources Conservation
Service (NRCS), using precipitation data from Atlas 14.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the administering authority
to the applicant to conduct land-disturbing construction activity
or to discharge post-construction runoff to waters of the state.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
Any entity holding fee title to the property or performing
services to meet the performance standards of this article through
a contract or other agreement.
Stormwater or precipitation, including rain, snow or ice
melt or similar water, that moves on the land surface via sheet or
channelized flow.
Settleable solid material that is transported by runoff,
suspended within runoff or deposited by runoff away from its original
location.
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 is proposed
in the permit application.
An order issued by the administering authority which requires
that all construction activity on the site be stopped.
A performance standard that will apply in a specific area,
where additional practices, beyond those contained in this article,
are necessary to meet water quality standards. A total maximum daily
load is an example of a targeted performance standard.
A document that specifies design, predicted performance and
operation and maintenance specifications for a BMP, material, device
or method.
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.
The 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 article.
A rainfall-type curve as established in the "United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published 1973," which is incorporated by reference for this
article. The Type II curve is applicable to all of Wisconsin and represents
the most intense storm pattern.
Has the meaning given in § 283.01(20), Wis. Stats.
A.
Design criteria, standards and specifications. All BMPs required
to comply with this article shall meet the design criteria, standards
and specifications based on any of the following:
(1)
Design guidance and technical standards identified or developed by
the Wisconsin Department of Natural Resources under Subchapter V of
Chapter NR 151, Wis. Adm. Code.
(2)
Technical standards and other guidance identified within the Village
of Sherwood Erosion and Sediment Control Reference Guide.
(3)
Soil loss prediction tools such as the Revised Universal Soil Loss Equation 2 (RUSLE2) that estimate the sediment load leaving the site under varying land and management conditions may be used to show compliance with the sediment performance standards contained in § 13-7B.
(4)
For this article, average annual basis is calculated using the appropriate
annual rainfall or runoff factor, also referred to as the "R factor,"
or an equivalent design storm using a Type II distribution, with consideration
given to the geographic location of the site and the period of disturbance.
A.
Nonpermitted sites.
(1)
Responsible party. The landowner of the construction site or other
person contracted or obligated by other agreement with the landowner
to implement and maintain construction site BMPs is a responsible
party and shall comply with this article.
(2)
Requirements. At each site where land-disturbing construction activity
is to occur, BMPs shall be used to prevent or reduce all of the following:
(a)
The deposition of soil from being tracked onto streets by vehicles.
(b)
The discharge of sediment from disturbed areas into stormwater
inlets.
(c)
The discharge of sediment from disturbed areas into adjacent
waters of the state.
(d)
The discharge of sediment from drainageways that flow off the
site.
(e)
The discharge of sediment by dewatering activities.
(f)
The discharge of sediment eroding from soil stockpiles existing
for more than seven days.
(g)
The discharge of on-site chemicals, cement and other building
compounds and materials into waters of the state or off-site separate
storm sewers during the construction period. However, projects that
require the placement of these materials in waters of the state, such
as constructing bridge footings or BMP installations, are not prohibited
by this article.
(3)
Location. BMPs shall be located so that treatment occurs before runoff
enters waters of the state and off-site separate storm sewers. However,
projects that require BMP placement in waters of the state, such as
a turbidity barrier, are not prohibited by this article.
(4)
Implementation. The BMPs used to comply with this section shall be
implemented as follows:
(a)
Erosion and sediment control practices shall be constructed
or installed before land-disturbing construction activities begin.
(b)
Erosion and sediment control practices shall be maintained until
final stabilization.
(c)
Final stabilization activity shall commence when land-disturbing
activities cease and final grade has been reached on any portion of
the site.
(d)
Temporary stabilization activity shall commence when land-disturbing
activities have temporarily ceased and will not resume for a period
exceeding 14 calendar days.
(e)
BMPs that are no longer necessary for erosion and sediment control
shall be removed by the responsible party.
(5)
Alternate requirements. The administering authority may establish
erosion and sediment control requirements more stringent than those
set forth in this article if the administering authority determines
that an added level of protection is needed to protect resources.
B.
Permitted sites.
(1)
Responsible party. The landowner or other person performing services
to meet the performance standards of this article, through a contract
or other agreement with the landowner, is a responsible party and
shall comply with this article.
(2)
Plan. A written erosion and sediment control plan shall be developed and implemented by the responsible party in accordance with § 13-9. The erosion and sediment control plan shall meet all of the applicable requirements contained in this article.
(3)
Requirements. The erosion and sediment control plan shall meet all
of the following:
(a)
The plan shall use BMPs to prevent or reduce all of the following:
[1]
The deposition of soil from being tracked onto streets by vehicles.
[2]
The discharge of sediment from disturbed areas into stormwater
inlets.
[3]
The discharge of sediment from disturbed areas into adjacent
waters of the state.
[4]
The discharge of sediment from drainageways that flow off the
site.
[5]
The discharge of sediment by dewatering activities.
[6]
The discharge of sediment eroding from soil stockpiles existing
for more than seven days.
[7]
The discharge of sediment from erosive flows at outlets and
in downstream channels.
[8]
The discharge of on-site chemicals, cement and other building
compounds and materials into waters of the state or off-site separate
storm sewers during the construction period. However, projects that
require the placement of these materials in waters of the state, such
as constructing bridge footings or BMP installations, are not prohibited
by this article.
[9]
The discharge of untreated wash water from vehicle and wheel
washing into waters of the state or off-site separate storm sewers.
(b)
For sites with one acre or more of land-disturbing construction
activity, the plan shall meet the following sediment performance standards:
[1]
BMPs that, by design, discharge no more than five tons per acre
per year, or to the maximum extent practicable, of the sediment load
carried in runoff from initial grading to final stabilization.
[2]
Except as provided in § 13-7B(6), the administering authority may not require any person to employ more BMPs than are needed to meet the five-tons-per-acre-per-year sediment performance standard in order to comply with maximum extent practicable. Erosion and sediment control BMPs may be combined to meet the sediment performance standard. The administering authority may give credit toward meeting the sediment performance standard for limiting the duration or area, or both, of land-disturbing construction activity, or for other appropriate mechanisms.
[3]
Notwithstanding § 13-7B(3)(b)[1] and [2], if BMPs cannot be designed and implemented to meet the five-tons-per-acre-per-year sediment performance standard, the plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.
(c)
The plan shall incorporate all of the following preventative
measures:
[1]
Maintenance of existing vegetation, especially adjacent to surface
waters whenever possible.
[2]
Minimization of soil compaction and preservation of topsoil.
[3]
Minimization of land-disturbing construction activity on slopes
of 20% or more.
[4]
Development of spill prevention and response procedures.
(4)
Location. BMPs shall be located so that treatment occurs before runoff
enters waters of the state and off-site separate storm sewers. However,
projects that require BMP placement in waters of the state, such as
a turbidity barrier, are not prohibited by this article.
(5)
Implementation. The BMPs used to comply with this article shall be
implemented as follows:
(a)
In accordance with the plan developed pursuant to § 13-9, the erosion and sediment control practices shall be constructed or installed before land-disturbing construction activities begin.
(b)
Erosion and sediment control practices shall be maintained until
final stabilization.
(c)
Final stabilization activity shall commence when land-disturbing
activities cease and final grade has been reached on any portion of
the site.
(d)
Temporary stabilization activity shall commence when land-disturbing
activities have temporarily ceased and will not resume for a period
exceeding 14 calendar days.
(e)
BMPs that are no longer necessary for erosion and sediment control
shall be removed by the responsible party.
(6)
Targeted performance standards. The administering authority may establish numeric water quality requirements that are more stringent than those set forth in § 13-7B(3) in order to meet targeted performance standards, total maximum daily loads, and/or water quality standards for a specific water body or area. The numeric water quality requirements may be applicable to any permitted site, regardless of the size of land-disturbing construction activity.
(7)
Alternate requirements. The administering authority may establish
erosion and sediment control requirements more stringent than those
set forth in this section if the administering authority determines
that an added level of protection is needed to protect resources.
Also, the administering authority may establish erosion and sediment
control requirements less stringent than those set forth in this section
if the administering authority determines that less protection is
needed to protect resources. However, the alternative requirements
shall not be less stringent than those requirements promulgated in
rules by the Wisconsin Department of Natural Resources under Ch. NR
151, Wis. Adm. Code.
A.
Permit required. When a permit is required, no responsible party
may commence a land-disturbing construction activity subject to this
article without receiving prior approval of an erosion and sediment
control plan for the site and a permit from the administering authority.
B.
Permit application and fees. When a permit is required, at least one responsible party desiring to undertake a land-disturbing construction activity subject to this article shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 13-9 and shall pay an application fee according to the fee schedule to the Village of Sherwood. By submitting an application, the applicant is authorizing the administering authority to enter the site to obtain information required for the review of the erosion and sediment control plan.
C.
Review and approval of permit application. The administering authority
shall review any permit application that is submitted with an erosion
and sediment control plan, and the required fee. The following approval
procedure shall be used:
(1)
Within 20 business days of the receipt of a complete permit application, as required by § 13-8B, the administering authority shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this article.
(2)
If the permit application and plan are approved, the administering
authority shall issue the permit.
(3)
If the permit application or plan is disapproved, the administering
authority shall state in writing the reasons for disapproval.
(4)
The administering authority may request additional information from
the applicant. If additional information is submitted, the administering
authority shall have 20 business days from the date the additional
information is received to inform the applicant that the plan is either
approved or disapproved.
(5)
Failure by the administering authority to inform the permit applicant
of a decision within 20 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.
Financial guarantee.
(1)
As a condition of approval and issuance of the permit, the administering
authority may require the applicant to deposit a surety bond, cash
escrow, or irrevocable letter of credit to guarantee a good faith
execution of the approved erosion and sediment control plan and any
permit conditions. The financial guarantee shall be in an amount determined
by the administering authority for the estimated construction and
maintenance of the practices called for in the erosion and sediment
control plan. The administering authority may require the site to
be certified by a professional engineer. The financial guarantee shall
give the administering authority the funds to complete the erosion
and sediment control practices if the landowner defaults or does not
properly implement the approved erosion and sediment control plan.
Improper implementation of the plan shall be upon written notice by
the administering authority that the requirements of this article
have not been met:
(2)
The administering authority shall release the portion of the financial
guarantee established under this section, less any costs incurred
by the administering authority to complete installation of practices,
upon submission of as-built plans by a licensed professional engineer.
The administering authority may make provisions for a partial prorated
release of the financial guarantee based on the completion of various
development stages.
E.
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 administering authority may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the administering authority to suspend or revoke this permit may be appealed in accordance with § 13-13.
(1)
Notify the administering authority within 48 hours of commencing
any land-disturbing construction activity.
(2)
Obtain permission in writing from the administering authority prior to any modification pursuant to § 13-9B of the erosion and sediment control plan.
(3)
Install all BMPs as identified in the approved erosion and sediment
control plan.
(4)
Maintain all road drainage systems, stormwater drainage systems,
BMPs and other facilities identified in the erosion and sediment control
plan.
(5)
Repair any siltation or erosion damage to adjoining surfaces and
drainageways resulting from land-disturbing construction activities
and document repairs in weekly inspection reports.
(6)
Conduct construction site inspections at least once per week and
within 24 hours after a precipitation event of 0.5 inch or greater.
Repair or replace erosion and sediment control BMPs as necessary within
24 hours of an inspection or notification that repair or replacement
is needed. Maintain, at the construction site, weekly written reports
of all inspections. Weekly inspection reports shall include all of
the following: date, time and location of the construction site inspection;
the name of the individual who performed the inspection; an assessment
of the condition of erosion and sediment controls; a description of
any erosion and sediment control BMP implementation and maintenance
performed; and a description of the present phase of land-disturbing
construction activity at the construction site.
(7)
Allow the administering authority to enter the site for the purpose
of inspecting compliance with the erosion and sediment control plan
or for performing any work necessary to bring the site into compliance
with the control plan. Keep a copy of the erosion and sediment control
plan, stormwater management plan, amendments, weekly inspection reports,
and permit at the construction site until permit coverage is terminated.
(8)
The permit applicant shall post the certificate of permit coverage
in a conspicuous location at the construction site.
G.
Permit duration. Permits issued under this section shall be valid
for a period of 180 days, or the length of the building permit or
other construction authorizations, whichever is longer, from the date
of issuance. The administering authority may extend the period one
or more times for up to an additional 180 days. The administering
authority may require additional BMPs as a condition of the extension
if they are necessary to meet the requirements of this article.
H.
Maintenance. The responsible party throughout the duration of the
construction activities shall maintain all BMPs necessary to meet
the requirements of this article until the site has undergone final
stabilization.
I.
Alternate requirements. The administering authority may prescribe
requirements less stringent for applicants seeking a permit for a
construction site with less than one acre of land-disturbing construction
activity.
A.
Plan requirements. The erosion and sediment control plan required under § 13-7B shall comply with the Village of Sherwood Erosion and Sediment Control Reference Guide and contain at a minimum the following information:
(1)
Name, address, and telephone number of the landowner and responsible
parties.
(2)
A legal description of the property proposed to be developed.
(3)
A site map with property lines, disturbed limits, and drainage patterns.
(4)
Total area of the site and total area of the construction site that
is expected to be disturbed by construction activities.
(5)
Performance standards applicable to the site.
(6)
Proposed best management practices.
(7)
Erosion and sediment control plan narrative.
(8)
Construction sequence and construction schedule.
(9)
The erosion and sediment control plan shall include, at a minimum,
the items specified in the Village of Sherwood Erosion and Sediment
Control Reference Guide and RUSLE2.
B.
Amendments. The applicant shall amend the plan if any of the following
occur:
(1)
There is a change in design, construction, operation, maintenance
or schedule at the site which has the reasonable potential for the
discharge of pollutants to waters of the state or separate storm sewers,
and which has not otherwise been addressed in the plan.
(2)
The actions required by the plan fail to reduce the impacts of pollutants
carried by construction site runoff.
(3)
The administering authority notifies the applicant of changes needed
in the plan.
C.
Alternate requirements. The administering authority may prescribe
requirements less stringent for applicants seeking a permit for a
construction site with less than one acre of disturbance.
The fees referred to in other sections of this article shall be as prescribed in Chapter 40, Fees and Penalties, of this Code.
Whenever land-disturbing construction activities are being carried
out, the administering authority may enter the land pursuant to the
provisions of § 66.0119(1), (2), and (3), Wis. Stats.
A.
The administering authority may post a stop-work order if any of
the following occurs:
(1)
Any land-disturbing construction activity is being undertaken without a permit and, pursuant to § 13-4A of this article, a permit is required for the construction site.
(2)
The erosion and sediment control plan is not being implemented in
a good faith manner.
(3)
The conditions of the permit are not being met.
(4)
Any land-disturbing construction activity is in violation of the
article.
B.
If the responsible party does not cease activity as required in a
stop-work order posted under this section or fails to comply with
the erosion and sediment control plan or permit conditions, the administering
authority may revoke the permit.
C.
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the administering authority, or if a responsible party violates a stop-work order posted under § 13-12A, the administering authority may request the Village Attorney to obtain a cease and desist order in any court with jurisdiction.
E.
After posting a stop-work order under § 13-12A, the administering authority may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this article. The administering authority may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this article by the administering authority, plus interest at the rate authorized by the Village Board, shall be billed to the responsible party or recovered from the surety bond, cash escrow, or irrevocable letter of credit. In the event a responsible party fails to pay the amount due, the Clerk-Treasurer shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Subch. VII of Ch. 66, Wis. Stats.
F.
Any person violating any of the provisions of this article shall be punishable as prescribed in Chapter 40, Fees and Penalties, of this Code. Each day a violation exists shall constitute a separate offense.
G.
Compliance with the provisions of this article may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease and desist order before resorting
to injunctional proceedings.
A.
The Village Board:
(1)
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the administering authority in administering this article except for cease and desist orders obtained under § 13-12C.
(2)
Upon appeal, may authorize variances from the provisions of this
article which are not contrary to the public interest and where, owing
to special conditions, a literal enforcement of the provisions of
the article will result in unnecessary hardship; and
(3)
Shall use the rules, procedures, duties and powers authorized by
statute in hearing and deciding appeals and authorizing variances.
B.
Who may appeal. Appeals to the Village Board may be taken by any
aggrieved person or by any office, department, board, or bureau of
the Village of Sherwood affected by any decision of the administering
authority.
[Adopted 4-24-2017[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II,
Post-Construction Stormwater Management, adopted 3-24-2008 by Ord.
No. 08-99, as amended.
A.
This article is adopted by the Sherwood 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 post-construction 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 governing body.
C.
The Village Board hereby designates the Village Administrator to
administer and enforce the provisions of this article. Any powers
granted or duties imposed upon the Village Administrator may be delegated
in writing by the Village Administrator to persons or entities acting
in the beneficial interest of or in the employ of the authorized enforcement
agency.
D.
The requirements of this article do not preempt more stringent stormwater
management requirements that may be imposed by any of the following:
The Village Board finds that uncontrolled, post-construction
runoff has a significant impact upon water resources and the health,
safety and general welfare of the community and diminishes the public
enjoyment and use of natural resources. Specifically, uncontrolled
post-construction runoff can:
A.
Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
B.
Diminish the capacity of lakes and streams to support fish, aquatic
life, recreational and water supply uses by increasing pollutant loading
of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
C.
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads.
D.
Reduce the quality of groundwater by increasing pollutant loading.
E.
Threaten public health, safety, property and general welfare by overtaxing
storm sewers, 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,
post-construction runoff management requirements that will diminish
the threats to public health, safety, welfare and the aquatic environment.
Specific purposes are to:
(1)
Further the maintenance of safe and healthful conditions.
(2)
Prevent and control the adverse effects of stormwater; prevent and
control soil erosion; prevent and control water pollution; protect
spawning grounds, fish and aquatic life; control building sites, placement
of structures and land uses; preserve ground cover and scenic beauty;
and promote sound economic growth.
(3)
Control exceedance of the safe capacity of existing drainage facilities
and receiving water bodies; prevent undue channel erosion; 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
post-construction stormwater discharges to waters of the state. This
article may be applied on a site-by-site basis. The Village Board
recognizes, however, that the preferred method of achieving the stormwater
performance standards set forth in this article is through the preparation
and implementation of comprehensive, systems-level stormwater management
plans that cover hydrologic units, such as watersheds, on a municipal
and regional scale. Such plans may prescribe regional stormwater devices,
practices or systems, any of which may be designed to treat runoff
from more than one site prior to discharge to waters of the state.
Where such plans are in conformance with the performance standards
developed under § 281.16, Wis. Stats., for regional stormwater
management measures and have been approved by the Village Board, it
is the intent of this article that the approved plan be used to identify
post-construction management measures acceptable for the community.
A.
Applicability.
(1)
Where not otherwise limited by law, this article applies to all post-construction sites, unless the site is otherwise exempt under Subsection A(2).
(2)
A post-construction site that meets any of the following criteria
is exempt from the requirements of this article:
(a)
One- and two-family residential dwellings that are not part
of a larger common plan of development or sale and that result in
less than one acre of disturbance.
(b)
Nonpoint discharges from agricultural activity areas.
(c)
Nonpoint discharges from silviculture activities.
(d)
Mill and crush operations.
(3)
Notwithstanding the applicability requirements in Subsection A(1), this article applies to post-construction sites of any size that, in the opinion of the administering authority, is likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
B.
Jurisdiction. This article applies to post-construction sites within
the boundaries and jurisdiction of the Village of Sherwood.
C.
Exclusions. This article is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.,
but also including the office of district attorney, which is subject
to the state plan promulgated or a memorandum of understanding entered
into under § 281.33(2), Wis. Stats.
As used in this article, the following terms shall have the
meanings indicated:
Maintenance of sufficient vegetation types and densities
such that the physical integrity of the streambank or lakeshore is
preserved. Self-sustaining vegetative cover includes grasses, forbs,
sedges and duff layers of fallen leaves and woody debris.
A governmental employee or a regional planning commission
empowered under § 61.354, Wis. Stats., which is designated
by the Village Board to administer this article.
The part of the farm where there is planting, growing, cultivating
and harvesting of crops for human or livestock consumption and pasturing
or outside yarding of livestock, including sod farms and silviculture.
Practices in this area may include waterways, drainage ditches, diversions,
terraces, farm lanes, excavation, filling and similar practices. The
agricultural activity area does not include the agricultural production
area.
The part of the farm where there is concentrated production
activity or impervious surfaces. Agricultural production areas include
buildings, driveways, parking areas, feed storage structures, manure
storage structures, and other impervious surfaces. The agricultural
production area does not include the agricultural activity area.
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 DNR for users of models such as SLAMM, P8, or equivalent
methodology. The average annual rainfall is chosen from a Wisconsin
DNR publication for the location closest to the municipality.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the state.
A day the office of the administering authority 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.
A development or sale where multiple separate and distinct
land-disturbing construction activities may be taking place at different
times on different schedules but under one plan. A common plan of
development or sale includes, but is not limited to, subdivision plats,
certified survey maps, and other developments.
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.
An area upon which one or more land-disturbing construction
activities occur, including areas that are part of a larger common
plan of development or sale.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall. The TP-40, Type II, twenty-four-hour
design storms for the Village of Sherwood are one-year, 2.2 inches;
two-year, 2.5 inches; five-year, 3.3 inches; ten-year, 3.8 inches;
twenty-five-year, 4.4 inches; fifty-year, 4.9 inches; and one-hundred-year,
5.3 inches. The Atlas 14, MSE4, twenty-four-hour design storms for
the Village of Sherwood are: one-year, 2.14 inches; two-year, 2.47
inches; five-year, 3.06 inches; ten-year, 3.60 inches; twenty-five-year,
4.45 inches; fifty-year, 5.17 inches; and one-hundred-year, 5.96 inches.
Residential, commercial, industrial, institutional, or other
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 or more parcels or building sites of
additional parcels or building sites where such creation occurs at
one time or through the successive partition within a five-year period.
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.
Development in existence on October 1, 2004, or development
for which a stormwater permit in accordance with Subch. III of Ch.
NR 216, Wis. Adm. Code, was received on or before October 1, 2004.
The unincorporated area within three miles of the corporate
limits of a first, second, or third class city, or within 1.5 miles
of a fourth class city or village.
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 administering 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 administering
authority by the responsible party to assure that requirements of
the article are carried out in compliance with the stormwater management
plan.
Town board of supervisors, county board of supervisors, city
council, village board of trustees or village council.
Waters of the state, as defined in § 281.01(18),
Wis. Stats., occurring in a saturated subsurface geological formation
of rock or soil.
Higher of either the elevation to which the soil is saturated
as observed as a free water surface in an unlined hole, or the elevation
to which the soil has been seasonally or periodically saturated as
indicated by soil color patterns throughout the soil profile, as defined
in Technical Standard 1002, Site Evaluation for Stormwater Infiltration.
Has the meaning given in § 340.01(22), Wis. Stats.
Has the meaning given in § 84.013(1)(b), Wis. Stats.
Has the meaning given in § 84.013(1)(c), Wis. Stats.
Has the meaning given in § 84.013(1)(d), Wis. Stats.
An area that releases as runoff all or a large portion of
the precipitation that falls on it, except for frozen soil. Rooftops,
sidewalks, driveways, parking lots and streets are examples of surfaces
that typically are impervious. Gravel surfaces are considered impervious,
unless specifically designed to encourage infiltration.
Any land-disturbing construction activity in which any new
impervious surfaces are created or existing impervious surfaces are
redeveloped.
An undeveloped area of land or new development area located
within an existing urban sewer service area, surrounded by development
or development and natural or man-made features where development
cannot occur. In-fill does not include any undeveloped area that was
part of a larger new development for which a stormwater permit in
accordance with Subch. III of Ch. NR 216, Wis. Adm. Code, was required
to be submitted after October 1, 2004, to the Wisconsin Department
of Natural Resources or Wisconsin Department of Safety and Professional
Services (formerly Department of Commerce).
The entry and movement of precipitation or runoff into or
through 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.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of pollutants into the municipal separate storm
sewer or waters of the state. Land-disturbing construction activity
includes clearing and grubbing, demolition, excavating, pit trench
dewatering, filling and grading activities, and soil stockpiling.
A legal document that provides for long-term maintenance
of stormwater management and best management practices.
The highest level of performance that is achievable but is
not equivalent to a performance standard identified within this article.
Maximum extent practicable applies when the permit applicant demonstrates
to the administering authority's satisfaction that a performance
standard is not achievable and that a lower level of performance is
appropriate. In making the assertion that a performance standard is
not achievable and that a level of performance different from the
performance standard is the maximum extent practicable, the permit
applicant shall take into account the best available technology, cost
effectiveness, geographic features, and other competing interests
such as protection of public safety and welfare, protection of endangered
and threatened resources, and preservation of historic properties.
Reconstruction of a highway that is limited to 1.5 miles
in continuous or aggregate total length of realignment and that does
not exceed 100 feet in width of roadbed widening, and that does not
include replacement of a vegetated drainage system with a nonvegetated
drainage system except where necessary to convey runoff under a highway
or private road or driveway.
A specific precipitation distribution developed by the United
States Department of Agriculture (USDA), Natural Resources Conservation
Service (NRCS), using precipitation data from Atlas 14.
Has the meaning given in § 30.01(4m), Wis. Stats.
That portion of a post-construction site where impervious
surfaces are being created or expanded. Any disturbance where the
amount of impervious area for the post-development condition is greater
than the predevelopment condition is classified as new development.
For purposes of this article, a post-construction site is classified
as new development, redevelopment, routine maintenance, or some combination
of these three classifications, as appropriate.
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 administering authority
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 administering authority 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 after
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.
The meaning given in § NR 140.05(17), Wis. Adm.
Code.
That portion of a post-construction site where impervious
surfaces are being reconstructed, replaced, or reconfigured. Any disturbance
where the amount of impervious area for the post-development condition
is equal to or less than the predevelopment condition is classified
as redevelopment. For purposes of this article, a post-construction
site is classified as new development, redevelopment, routine maintenance,
or some combination of these three classifications, as appropriate.
Any entity holding fee title to the property or other person
contracted or obligated by other agreement to implement and maintain
post-construction stormwater BMPs.
That portion of a post-construction site where predevelopment
impervious surfaces are being maintained to preserve the original
line and grade, hydraulic capacity, drainage pattern, configuration,
or purpose of the facility. Remodeling of buildings and resurfacing
of parking lots, streets, driveways, and sidewalks are examples of
routine maintenance, provided the lower half of the impervious surface's
granular base is not disturbed. The disturbance shall be classified
as redevelopment if the lower half of the granular base associated
with the predevelopment impervious surface is disturbed or if the
soil located beneath the impervious surface is exposed. For purposes
of this article, a post-construction site is classified as new development,
redevelopment, routine maintenance, or some combination of these three
classifications, as appropriate.
Stormwater or precipitation, including rain, snow or ice
melt or similar water that moves on the land surface via sheet or
channelized flow.
Settleable solid material that is transported by runoff,
suspended within runoff or deposited by runoff away from its original
location.
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 administering authority 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 performance standard that will apply in a specific area,
where additional practices, beyond those contained in this article,
are necessary to meet water quality standards. A total maximum daily
load is an example of a targeted performance standard.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
An edge, or point on the landscape, landward from the ordinary
high-water mark of a surface water of the state, where the slope of
the land begins to be less than 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the initial
50 feet, landward from the ordinary high-water mark, the top of the
channel is the ordinary high-water mark.
The amount of pollutants specified as a function of one or
more water quality parameters, that can be discharged per day into
a water quality limited segment and still ensure attainment of the
applicable water quality standard.
The 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 article.
A public street, a public road, a public highway, a railroad,
a public mass transit facility, a public-use airport, a public trail,
or any other public work for transportation purposes such as harbor
improvements under § 85.095(1)(b), Wis. Stats. Transportation
facility does not include building sites for the construction of public
buildings and buildings that are places of employment that are regulated
by the Wisconsin Department of Natural Resources pursuant to § 281.33,
Wis. Stats.
A rainfall-type curve as established in the United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published 1973, which is incorporated by reference for this article.
The Type II curve is applicable to all of Wisconsin and represents
the most intense storm pattern.
Has the meaning given in § 283.01(20), Wis. Stats.
The following methods shall be used in designing and maintaining
the water quality, peak discharge, infiltration, protective area,
fueling/vehicle maintenance, and swale treatment components of stormwater
practices needed to meet the water quality standards of this article:
A.
Technical standards identified, developed or disseminated by the
Wisconsin Department of Natural Resources under Subchapter V of Chapter
NR 151, Wis. Adm. Code.
B.
Technical standards and guidance identified within the Village of
Sherwood Stormwater Reference Guide.
C.
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 administering
authority.
D.
In this article, the following year and location has been selected
as average annual rainfall(s): Green Bay, 1969 (March 25 through November
25).
A.
Responsible party. The responsible party shall develop and implement
a post-construction stormwater management plan that incorporates the
requirements of this section.
B.
Plan. A written stormwater management plan shall be developed and implemented by the responsible party in accordance with § 13-22. The stormwater management plan shall meet all of the applicable requirements contained in this article.
C.
Requirements. The stormwater management plan shall meet the following
minimum requirements to the maximum extent practicable:
(1)
Water quality. BMPs shall be designed, installed and maintained to
control pollutants carried in runoff from the post-construction site.
The design shall be based on the average annual rainfall, as compared
to no runoff management controls.
(a)
For post-construction sites with one acre or more of land disturbance,
the following is required:
[1]
Except as provided in § 13-20C(1)(a)[2], a pollutant reduction is required as follows:
|
Total Suspended Solids (TSS) and Total Phosphorus (TP) Reduction
| ||||||
|---|---|---|---|---|---|---|
|
Watershed
|
New Development
|
Redevelopment
|
Routine Maintenance
| |||
|
TSS
|
TP
|
TSS
|
TP
|
TSS
|
TP
| |
|
Kankapot Creek
|
80%
|
41%
|
52%
|
41%
|
52%
|
41%
|
|
Lake Winnebago
|
80%
|
—
|
40%
|
—
|
40%
|
—
|
|
Manitowoc River
|
80%
|
—
|
40%
|
—
|
40%
|
—
|
[2]
A pollutant reduction is not required for routine maintenance
areas that are part of a post-construction site with less than five
acres of disturbance.
(b)
For post-construction sites with less than one acre of land
disturbance; reduce the pollutant load using BMPs from the Village
of Sherwood Stormwater Reference Guide or other practices approved
by the administering authority.
(c)
Sites, including common plan of development sites, with a cumulative addition of 20,000 square feet or greater of impervious surfaces after October 1, 2004, are required to satisfy the performance standards within § 13-20C(1)(a)[1] and [2].
(d)
The amount of pollutant control previously required for the
site shall not be reduced as a result of the proposed development
or disturbance.
(e)
When designing BMPs, runoff draining to the BMP from off-site areas shall be taken into account in determining the treatment efficiency of the practice. Any impact on the BMP efficiency shall be compensated for by increasing the size of the BMP accordingly. The pollutant load reduction provided by the BMP for an off-site area shall not be used to satisfy the required on-site pollutant load reduction, unless otherwise approved by the administering authority in accordance with § 13-20E.
(f)
If the design cannot meet the water quality performance standards of § 13-20C(1)(a) through (e), the stormwater management plan shall include a written, site-specific explanation of why the water quality performance standard cannot be met and why the pollutant load will be reduced only to the maximum extent practicable. Except as provided in § 13-20F, the administering authority may not require any person to exceed the applicable water quality performance standard to meet the requirements of maximum extent practicable.
(2)
Peak discharge. BMPs shall be designed, installed and maintained
to control peak discharges from the post-construction site.
(a)
The following is required for post-construction sites with one
or more of the following: 20,000 square feet or more of impervious
surface disturbance, or one acre or more of land disturbance.
[1]
The peak post-development discharge rate shall not exceed the
peak predevelopment discharge rate for the one-, two-, ten-, and one-hundred-year,
twenty-four-hour design storms. These peak discharge requirements
apply to new development and redevelopment areas. No peak discharge
control is required for routine maintenance areas, unless runoff from
the routine maintenance area discharges into a proposed peak flow
control facility.
[2]
Peak discharge calculations shall use TR-55 methodology. Atlas
14 rainfall depths and the MSE4 rainfall distribution shall be used
unless the site is to be served by a previously constructed peak discharge
facility. At the permittee's discretion, the TP-40 rainfall depths
and the Type II rainfall distribution can be used for sites that are
to be served by a previously constructed peak discharge facility.
The meaning of "hydrologic soil group" and "runoff curve number" are
as determined in TR-55. Unless the site is currently woodland, peak
predevelopment discharge rates shall be determined using the following
runoff curve numbers for a meadow vegetative cover:
|
Maximum Predevelopment Runoff Curve Numbers
| ||||
|---|---|---|---|---|
|
Hydrologic Soil Group
| ||||
|
Vegetative Cover
|
A
|
B
|
C
|
D
|
|
Meadow
|
30
|
58
|
71
|
78
|
|
Woodland
|
30
|
55
|
70
|
77
|
(b)
For post-construction sites with less than 20,000 square feet
of impervious surface disturbance, reduce peak post-development discharge
rates using BMPs from the Village of Sherwood Stormwater Reference
Guide or other practices approved by the administering authority.
These sites are not required to satisfy a numeric performance standard.
(c)
Sites with a cumulative addition of 20,000 square feet or greater of impervious surfaces after October 1, 2004, are required to satisfy the performance standards within § 13-20C(2)(a)[1] and [2].
(d)
The amount of peak discharge control previously required for
the site shall not be reduced as a result of the proposed development
or disturbance.
(e)
When designing BMPs, runoff draining to the BMP from off-site areas shall be taken into account in determining the performance of the practice. Any impact on the BMP performance shall be compensated for by increasing the size of the BMP accordingly. The peak discharge reduction provided by the BMP for an off-site area shall not be used to satisfy the required on-site peak discharge reduction, unless otherwise approved by the administering authority in accordance with § 13-20E.
(f)
An adequate outfall shall be provided for each point of concentrated
discharge from the post-construction site and shall:
[1]
Consist of nonerosive discharge velocities and reasonable downstream
conveyance.
[2]
Discharge to the municipal separate storm sewer system, waters
of the state, or an appropriate drainage easement. If a site is not
able to meet this requirement, the adequate outfall may be permitted
if it diffuses the outfall within the site boundary in accordance
with the Village of Sherwood Stormwater Reference Guide.
(g)
New buildings with basements shall be designed to provide a
minimum one foot of vertical separation between the lowest floor surface
and the estimated high groundwater level. If less than one foot of
vertical separation is provided, groundwater flow shall be estimated
for each basement during site or subdivision design. In addition,
the on-site stormwater systems shall be designed to accommodate the
additional water flow and volume from groundwater.
(h)
Exemptions. The peak discharge performance standards do not
apply to the following:
[1]
A transportation facility where the discharge is directly into
a lake over 5,000 acres or a stream or river segment draining more
than 500 square miles.
[2]
Except as provided under § 13-20C(2)(d) to (f), a highway reconstruction site.
[3]
Except as provided under § 13-20C(2)(d) to (f), a transportation facility that is part of a redevelopment project.
(3)
Infiltration. BMPs shall be designed, installed, and maintained to infiltrate runoff from the post-construction site, except as provided in § 13-20C(3)(i) through (m).
(a)
The following is required for post-construction sites with one
acre or more of land disturbance.
[1]
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.
[2]
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.
[3]
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.
(b)
Predevelopment condition shall assume good hydrologic conditions
for appropriate land covers as identified in TR-55 or an equivalent
methodology approved by the administering authority. The meaning of
"hydrologic soil group" and "runoff curve number" are as determined
in TR-55. The actual predevelopment vegetative cover and the following
predevelopment runoff curve numbers shall be used:
|
Maximum Predevelopment Runoff Curve Numbers
| ||||
|---|---|---|---|---|
|
Hydrologic Soil Group
| ||||
|
Vegetative Cover
|
A
|
B
|
C
|
D
|
|
Woodland
|
30
|
55
|
70
|
77
|
|
Grassland
|
39
|
61
|
71
|
78
|
|
Cropland
|
55
|
69
|
78
|
83
|
(c)
For post-construction sites with less than one acre of land
disturbance, infiltrate runoff volume using BMPs from the Village
of Sherwood Stormwater Reference Guide or other practices approved
by the administering authority. These sites are not required to satisfy
a numeric performance standard.
(d)
Sites with a cumulative addition of 20,000 square feet or greater of impervious surfaces after October 1, 2004, are required to satisfy the performance standards within § 13-20C(3)(a) and (b).
(e)
The amount of infiltration previously required for the site
shall not be reduced as a result of the proposed development or disturbance.
(f)
Agricultural production areas shall infiltrate runoff volume
using BMPs from the Village of Sherwood Stormwater Reference Guide.
(g)
When designing BMPs, runoff draining to the BMP from off-site areas shall be taken into account in determining the performance of the practice. Any impact on the BMP performance shall be compensated for by increasing the size of the BMP accordingly. The runoff volume reduction provided by the BMP for an off-site area shall not be used to satisfy the required on-site runoff volume reduction, unless otherwise approved by the administering authority in accordance with § 13-20E.
(h)
Pretreatment. Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from 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 § 13-20C(3)(o). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(i)
Source area prohibitions. Runoff from the following areas may not be infiltrated and may not qualify as contributing to meeting the requirements of § 13-20C(3) unless demonstrated to meet the conditions of § 13-20C(3)(o).
[1]
Areas associated with a Tier 1 industrial facility identified
in § NR 216.21(2)(a), Wis. Adm. Code, including storage,
loading, and parking. Rooftops may be infiltrated with the concurrence
of the administering authority.
[2]
Storage and loading areas of a Tier 2 industrial facility identified
in § NR 216.21(2)(b), Wis. Adm. Code.
[3]
Fueling and vehicle maintenance areas. Rooftops of fueling and
vehicle maintenance areas may be infiltrated with the concurrence
of the administering authority.
(j)
Source area exemptions. Runoff from the following areas may
be credited toward meeting the requirement when infiltrated, but the
decision to infiltrate runoff from these sources is optional:
[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 § 13-20C(3)(i).
[3]
Except as provided under § 13-20C(3)(e), redevelopment and routine maintenance areas.
[4]
In-fill development areas less than five acres.
[5]
Roads in commercial, industrial and institutional land uses,
and arterial residential roads.
[6]
Except as provided under § 13-20C(3)(e), transportation facility highway reconstruction and new highways.
(k)
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), Wis. Adm. Code, or within the separation
distances listed in § NR 812.08, Wis. Adm. Code, for any
private well or noncommunity well for runoff infiltrated from commercial,
including multifamily residential, industrial, and institutional land
uses or regional devices for one- and two-family residential development.
[3]
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.
(l)
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 the following:
|
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
| |
|
All other impervious source areas
|
3 feet or more
|
Filtering layer
|
[2]
Notwithstanding § 13-20C(3)(l)[1], applicable requirements for injection wells classified under Ch. NR 815, Wis. Adm. Code, shall be followed.
(m)
Infiltration rate exemptions. Infiltration practices located
in the following areas may be credited toward meeting the requirement
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 inch 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.
(n)
Alternate uses. 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 § 13-20C(3).
(o)
Groundwater standards.
[1]
Infiltration systems designed in accordance with this § 13-20C(3) shall, to the extent technically and economically feasible, minimize the level of pollutants infiltrating to groundwater and shall maintain compliance with the preventive action limit at a point of standards application in accordance with Ch. NR 140, Wis. Adm. Code. However, if site-specific information indicates that compliance with a preventive action limit is not achievable, the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable.
[2]
Notwithstanding § 13-20C(3)(o)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
(p)
Where the conditions of § 13-20C(3)(i) through (m) limit or restrict the use of infiltration practices, the performance standard of § 13-20C(3) shall be met to the maximum extent practicable.
(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 § 13-20C(4), 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,
75 feet.
[2]
For perennial and intermittent streams identified on a United
States geological survey 7.5-minute series topographic map, or a county
soil survey map, whichever is more current, 50 feet.
[3]
For lakes, 50 feet.
[4]
For wetlands not subject to § 13-20C(4)(a)[5] or [6], 50 feet.
[5]
For highly susceptible wetlands, 75 feet. Highly susceptible
wetlands include the following types: calcareous fens, sedge meadows,
open and coniferous bogs, low prairies, coniferous swamps, lowland
hardwood swamps, and ephemeral ponds.
[6]
For less susceptible wetlands, 10% of the average wetland width,
but no less than 10 feet nor more than 30 feet. Less susceptible wetlands
include degraded wetlands dominated by invasive species such as reed
canary grass; cultivated hydric soils; and any gravel pits, or dredged
material or fill material disposal sites that take on the attributes
of a wetland.
[7]
In § 13-20C(4)(a)[4] to [6], determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in § NR 103.03, Wis. Adm. Code.
[8]
Wetlands shall be delineated. Wetland boundary delineations shall be made in accordance with § NR 103.08(1m), Wis. Adm. Code. Section 13-20C(4) 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 fill has been placed. Where there is a legally authorized wetland fill, the protective area standard need not be met in that location.
[9]
For concentrated flow channels with drainage areas greater than
130 acres, 10 feet.
[10]
Notwithstanding § 13-20C(4)(a)[1] to [9], the greatest protective area width shall apply where rivers, streams, lakes, and wetlands are contiguous.
(b)
Section 13-20C(4) applies to all post-construction sites located within a protective area, except those areas exempted pursuant to § 13-20C(4)(e).
(c)
The following requirements shall be met:
[1]
Impervious surfaces shall be kept out of the protective area
entirely or to the maximum extent practicable. If there is no practical
alternative to locating an impervious surface in the protective area,
the stormwater management plan shall contain a written, site-specific
explanation.
[2]
Where land-disturbing construction activity occurs within a
protective area, adequate sod or self-sustaining vegetative cover
of 70% or greater shall be established and maintained where no impervious
surface is present. The adequate sod or self-sustaining vegetative
cover shall be sufficient to provide for bank stability, maintenance
of fish habitat, and filtering of pollutants from upslope overland
flow areas under sheet flow conditions. Nonvegetative materials, such
as rock riprap, may be employed on the bank as necessary to prevent
erosion, such as on steep slopes or where high velocity flows occur.
[3]
Best management practices such as filter strips, swales, or
wet detention ponds, that are designed to control pollutants from
nonpoint sources, may be located in the protective area.
(d)
A protective area established or created after October 1, 2004, shall not be eliminated or reduced, except as allowed in § 13-20C(4)(e)[2], [3], or [4].
(e)
Exemptions. The following areas are not required to meet the protective area requirements of § 13-20C(4):
[1]
Redevelopment and routine maintenance areas, provided the minimum requirements within § 13-20C(4)(d) are satisfied.
[2]
Structures that cross or access surface waters such as boat
landings, bridges and culverts.
[3]
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.
(5)
Fueling and vehicle maintenance areas. Fueling and vehicle maintenance
areas shall have BMPs designed, installed and maintained to reduce
petroleum within runoff, so that the runoff that enters waters of
the state contains no visible petroleum sheen, or to the maximum extent
practicable.
(6)
Swale treatment for transportation facilities. This § 13-20C(6) is not applicable to transportation facilities that are part of a larger common plan of development or sale.
(a)
Requirement. Except as provided in § 13-20C(6)(b), transportation facilities that use swales for runoff conveyance and pollutant removal are exempt from the requirements of § 13-20C(1), (2), and (3) if the swales are designed to do all of the following or to the maximum extent practicable:
[1]
Swales shall be vegetated. However, where appropriate, nonvegetative
measures may be employed to prevent erosion or provide for runoff
treatment, such as rock riprap stabilization or check dams.
[2]
Swales shall comply with the Wisconsin Department of Natural
Resources Technical Standard 1005, Vegetated Infiltration Swale, except
as otherwise authorized in writing by the Wisconsin Department of
Natural Resources.
(b)
Other requirements. Notwithstanding § 13-20C(6)(a), the administering authority may, consistent with water quality standards, require that other requirements, in addition to swale treatment, be met on a transportation facility with an average daily traffic rate greater than 2,500 and where the initial surface water of the state that the runoff directly enters is any of the following:
(7)
Exemptions. The following areas are not required to meet the performance standards within § 13-20C:
(a)
Underground utility construction such as water, sewer, gas,
electric, telephone, cable television, and fiber optic lines. This
exemption does not apply to the construction of any aboveground structures
associated with utility construction.
(b)
The following transportation facilities are exempt, provided
the transportation facility is not part of a larger common plan of
development or sale.
[1]
A transportation facility 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. Notwithstanding this exemption, the protective area requirements of § 13-20C(4) still apply.
[2]
Reconditioning or resurfacing of a highway.
[3]
Minor reconstruction of a highway. Notwithstanding this exemption, the protective area requirements of § 13-20C(4) apply to minor reconstruction of a highway.
[4]
Routine maintenance for transportation facilities that have
less than five acres of land disturbance if performed to maintain
the original line and grade, hydraulic capacity or original purpose
of the facility.
[5]
Routine maintenance if performed for stormwater conveyance system
cleaning.
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.
BMP location and credit.
(1)
General. To comply with § 13-20C performance standards, the BMPs may be located on-site or off-site as part of a regional stormwater device, practice or system.
(2)
Off-site or regional BMP.
(a)
The amount of credit that the administering authority may give an off-site or regional BMP for purposes of determining compliance with the performance standards of § 13-20C is limited to the treatment capability or performance of the BMP.
(b)
The administering authority may authorize credit for an off-site
or regional BMP, provided all of the following conditions are satisfied:
[1]
The BMP received all applicable permits.
[2]
The BMP shall be installed and operational before the construction
site has undergone final stabilization.
[3]
The BMP shall be designed and adequately sized to provide a level of stormwater control equal to or greater than that which would be afforded by on-site BMPs meeting the § 13-20C performance standards.
[4]
The owner of the BMP has entered into a § 13-23 maintenance agreement with the Village of Sherwood, or another municipal entity, such that the BMP has a legally obligated entity responsible for its long-term operation and maintenance. Legal authority exists if a municipality owns, operates and maintains the BMP.
[5]
The owner of the BMP has provided written authorization which indicates the permit applicant may use the BMP for § 13-20C performance standard compliance.
[6]
Where an off-site or regional BMP option exists such that the
administering authority 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 administering authority. In determining the fee for post-construction
runoff, the administering authority shall consider an equitable distribution
of the cost for land, engineering design, construction, and maintenance
of the off-site or regional BMP.
(3)
BMP in nonnavigable waters. For purposes of determining compliance with the performance standards of § 13-20C, the administering authority may give credit for BMPs that function to provide treatment for runoff from existing development and post-construction runoff from new development, redevelopment, and routine maintenance areas and that are located within nonnavigable waters.
(4)
BMP in navigable waters.
(a)
New development runoff. Except as allowed under § 13-20E(4)(b), BMPs designed to treat post-construction runoff from new development areas may not be located in navigable waters and, for purposes of determining compliance with the performance standards of § 13-20C, the administering authority may not give credit for such BMPs.
(b)
New development runoff exemption. BMPs to treat post-construction runoff from new development areas may be located within navigable waters and may be creditable by the administering authority under § 13-20C, if all the following are met:
(c)
Existing development and post-construction runoff from redevelopment, routine maintenance, and infill development areas. Except as provided in § 13-20E(4)(d), BMPs designed to treat post-construction runoff for existing development and post-construction runoff from redevelopment, routine maintenance and infill development areas may not be located in navigable waters and, for purposes of determining compliance with the performance standards of § 13-20C, the administering authority may not give credit for such BMPs.
(d)
Existing development and post-construction runoff from redevelopment, routine maintenance, and infill development areas exemption. BMPs that function to provide treatment of runoff from existing development and post-construction runoff from redevelopment, routine maintenance and infill development areas may be located within navigable waters and, for purposes of determining compliance with the performance standards of § 13-20C, the administering authority may give credit for such BMPs, if any of the following are met:
(5)
Water quality trading. To comply with § 13-20C(1) performance standards, the administering authority may authorize credit for water quality trading, provided all of the following conditions are satisfied:
(a)
The treatment practices associated with a water quality trade
shall be in place, effective and operational before credit can be
authorized.
(b)
The water quality trade shall comply with applicable trading
ratios established by the Wisconsin Department of Natural Resources
or the Village of Sherwood.
(c)
The water quality trade shall comply with applicable regulations,
standards, and guidance developed by the Wisconsin Department of Natural
Resources or the Village of Sherwood.
(d)
The responsible party shall furnish a copy of executed water
quality trading agreements or other related information deemed necessary
by the administering authority in order to authorize credit.
F.
Targeted performance standards. The administering authority may establish numeric water quality requirements that are more stringent than those set forth in § 13-20C in order to meet targeted performance standards, total maximum daily loads, and/or water quality standards for a specific water body or area. The numeric water quality requirements may be applicable to any permitted site, regardless of the size of land-disturbing construction activity.
G.
Alternate requirements. The administering authority may establish
stormwater management requirements more stringent than those set forth
in this section if the administering authority determines that an
added level of protection is needed to protect sensitive resources.
Also, the administering authority may establish stormwater management
requirements less stringent than those set forth in this section if
the administering authority determines that less protection is needed
to protect sensitive resources and provide reasonable flood protection.
However, the alternative requirements shall not be less stringent
than those requirements promulgated in rules by the Wisconsin Department
of Natural Resources under NR 151 Wisconsin Administrative Code.
A.
Permit required. No responsible party may undertake a land-disturbing
construction activity without receiving a post-construction runoff
permit from the administering authority 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
administering authority a permit application made on a form provided
by the administering authority for that purpose.
(1)
Unless otherwise exempted 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 §§ 13-20 and 13-22, the maintenance agreement shall be prepared to meet the requirements of § 13-23, the financial guarantee shall meet the requirements of § 13-24, and fees shall be those established by the Village Board as set forth in § 13-25.
C.
Review and approval of permit application. The administering authority
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 20 business days of the receipt of a complete permit application, including all items as required by § 13-21B, the administering authority 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 pursuant to § 13-20E, the administering authority shall issue the permit.
(3)
If the stormwater permit application, plan or maintenance agreement
is disapproved, the administering authority shall detail in writing
the reasons for disapproval.
(4)
The administering authority may request additional information from
the applicant. If additional information is submitted, the administering
authority shall have 20 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 administering authority to inform the permit applicant
of a decision within 20 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 administering authority may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the administering authority to suspend or revoke the permit may be appealed in accordance with § 13-27.
(1)
Compliance with the 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 the permit.
(3)
The responsible party shall notify the administering authority at least 10 business days before commencing any work in conjunction with the stormwater management plan, and within 10 business days upon completion of the stormwater management practices. If required as a special condition under § 13-21E, the responsible party shall make additional notification according to a schedule set forth by the administering authority 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
administering authority or its designee to determine if they are in
accordance with the approved stormwater management plan and article.
The administering authority 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 the permit.
(5)
The responsible party shall notify the administering authority of
any significant modifications it intends to make to an approved stormwater
management plan. The administering authority 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 inspect BMPs annually and after runoff
events in accordance with the stormwater management plan and maintenance
agreement. The responsible party shall have a licensed professional
submit a stamped, written inspection report to the administering authority
for review and approval every five years. All written inspection reports
prepared by the responsible party shall accompany the stamped report
prepared by the licensed professional.
(7)
The responsible party shall maintain all stormwater management practices
in accordance with the stormwater management plan until the practices
either become the responsibility of the Village of Sherwood or are
transferred to subsequent private owners as specified in the approved
maintenance agreement.
(8)
The responsible party authorizes the administering authority 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 § 13-24.
(9)
If so directed by the administering authority, 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.
(10)
The responsible party shall permit property access to the administering
authority or its designee for the purpose of inspecting the property
for compliance with the approved stormwater management plan and the
permit.
(11)
Where site development or redevelopment involves changes in
direction, increases in peak rate and/or total volume of runoff from
a site, the administering authority may require the responsible party
to make appropriate legal arrangements with affected property owners
concerning the prevention of endangerment to property or public safety.
(12)
The responsible party is subject to the enforcement actions and penalties detailed in § 13-26, if the responsible party fails to comply with the terms of the permit.
(13)
The permit applicant shall post the certificate of permit coverage
in a conspicuous location at the construction site.
F.
Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the administering authority notifies the responsible party that all stormwater management practices have passed the final inspection required under § 13-21D(4).
G.
Alternate requirements. The administering authority may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 13-20E or for applicants seeking a permit for a post-construction site with less than one acre of land disturbance.
A.
Plan requirements. The stormwater management plan required under § 13-20B and § 13-21B shall comply with the Village of Sherwood Stormwater Reference Guide and contain at a minimum the following information:
(1)
Name, address, and telephone number of the landowner and responsible
parties.
(2)
A legal description of the property proposed to be developed.
(3)
Predevelopment site map with property lines, disturbed limits, and
drainage patterns.
(4)
Post-development site map with property lines, disturbed limits,
and drainage patterns.
(a)
Total area of disturbed impervious surfaces within the site.
(b)
Total area of new impervious surfaces within the site.
(c)
Performance standards applicable to the site.
(d)
Proposed best management practices.
(e)
Groundwater, bedrock, and soil limitations.
(f)
Separation distances. Stormwater management practices shall
be adequately separated from wells to prevent contamination of drinking
water.
(5)
Inspection and maintenance schedules for stormwater BMPs.
B.
Alternate requirements. The administering authority may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 13-20E or for applicants seeking a permit for a post-construction site with less than one acre of land disturbance.
A.
Maintenance agreement required. The maintenance agreement required under § 13-21B for stormwater management practices shall be an agreement between the Village of Sherwood and the responsible party to provide for maintenance of stormwater practices beyond the duration period of the 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 plan required by § 13-21B:
(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 § 13-21B.
(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 § 13-21B.
(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 § 13-23B(2).
(5)
Authorization for the administering authority 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 administering authority 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 § 13-23B(3), as responsible for long-term maintenance of the stormwater management practices, shall be notified by the administering authority of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the administering authority.
(8)
Authorization of the administering authority to perform the corrected actions identified in the inspection report if the responsible party designated under § 13-23B(3) does not make the required corrections in the specified time period. The administering authority 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.
C.
Alternate requirements. The administering authority may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 13-20E or for applicants seeking a permit for a post-construction site with less than one acre of land disturbance.
A.
Establishment of the guarantee. The administering authority may require
the submittal of a financial guarantee, the form and type of which
shall be acceptable to the administering authority. The financial
guarantee shall be in an amount determined by the administering authority
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 administering
authority 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 administering authority 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 administering authority shall release the portion of the financial
guarantee established under this section, less any costs incurred
by the administering authority to complete installation of practices,
upon submission of as-built plans by a licensed professional engineer.
The administering authority may make provisions for a partial pro-rata
release of the financial guarantee based on the completion of various
development stages.
(2)
The administering authority shall release the portion of the financial
guarantee established under this section to assure maintenance of
stormwater practices, less any costs incurred by the administering
authority, at such time that the responsibility for practice maintenance
is passed on to another entity via an approved maintenance agreement.
C.
Alternate requirements. The administering authority may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 13-20E or for applicants seeking a permit for a post-construction site with less than one acre of land disturbance.
The fees referred to in other sections of this article shall be as prescribed in Chapter 40, Fees and Penalties, of this Code.
A.
Any land-disturbing construction activity or post-construction runoff
initiated after the effective date of this article by any person,
firm, association, or corporation subject to the article provisions
shall be deemed a violation unless conducted in accordance with the
requirements of this article.
B.
The administering authority shall notify the responsible party by
certified mail of any noncomplying land-disturbing construction activity
or post-construction runoff. The notice shall describe the nature
of the violation, remedial actions needed, a schedule for remedial
action, and additional enforcement action which may be taken.
C.
Upon receipt of written notification from the administering authority under Subsection B, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of the permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the administering authority 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 administering authority may enter the land and take
emergency actions necessary to prevent such damage. The costs incurred
by the administering authority plus interest and legal costs shall
be billed to the responsible party.
E.
The administering authority 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 administering authority may revoke a permit issued under this
article for noncompliance with article provisions.
G.
Any permit revocation, stop-work order, or cease and desist order
shall remain in effect unless retracted by the administering authority
or by a court with jurisdiction.
H.
The administering authority 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 punishable as prescribed in Chapter 40, Fees and Penalties, of this 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 administering authority 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 administering authority or a party designated by the administering authority 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 administering authority 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 § 13-24 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.
A.
Village Board. The Village Board shall hear and decide appeals where
it is alleged that there is error in any order, decision or determination
made by the administering authority 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.
B.
Who may appeal. Appeals to the Village Board may be taken by any
aggrieved person or by an officer, department, board, or bureau of
the Village of Sherwood affected by any decision of the administering
authority.
