[HISTORY: Adopted by the Common Council of
the City of Burlington 2-7-2017 by Ord. No. 2018(14).[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 115.
Sewers — See Ch. 259.
Streets and sidewalks — See Ch. 274.
Subdivision of land — See Ch. 278.
[1]
Editor’s Note: This ordinance also repealed former Ch.
270, Stormwater Management, adopted 8-7-2001 by Ord. No. 1667(15),
as amended.
A.
This chapter is adopted by the Common Council under the authority
granted by § 62.234, Wis. Stats.
B.
This chapter supersedes all conflicting and contradictory stormwater
management regulations previously enacted under § 62.23,
Wis. Stats. Except as specifically provided for in § 62.234,
Wis. Stats., § 62.23, Wis. Stats., applies to this chapter
and to any amendments to this chapter.
C.
The provisions of this chapter are deemed not to limit any other
lawful regulatory powers of the same governing body.
D.
The Common Council hereby designates the City Engineer to administer
and enforce the provisions of this chapter.
E.
The requirements of this chapter do not preempt more stringent stormwater
management requirements that may be imposed by the administrative
rules, permits or approvals of the Department of Natural Resources,
including but not limited to those authorized under § 283.33,
Wis. Stats.
The Common Council finds that uncontrolled stormwater runoff
from land development and land redevelopment activity 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 stormwater runoff can:
A.
Degrade physical stream habitat by increasing stream bank erosion,
increasing stream bed 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, and recreational and water supply uses by increasing loadings
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 chapter is to set forth stormwater
requirements and criteria which will diminish the threats to public
health, safety and welfare and the aquatic environment due to runoff
of stormwater from land development and land redevelopment activity.
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, and protect
spawning grounds, fish, and aquatic life.
(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.
(4)
Control building sites, placement of structures, and land uses and
promote sound economic growth.
(5)
Minimize the amount of pollutants discharged from the separate storm
sewer to protect the waters of the state.
B.
Intent. It is the intent of the Common Council that this chapter
manage the long-term, post-construction stormwater discharges from
land development and land redevelopment activities by achieving a
specific set of performance standards at locations where it applies.
(1)
This chapter can be applied on a site-by-site basis. The Common Council
recognizes, however, that the preferred method of achieving the stormwater
performance standards set forth in this chapter 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 alternative applicability
and performance standards for specific sites when the overall performance
standards can be met in a more cost-effective approach.
(2)
This chapter shall not apply to lands on which the only structures
are buildings existing on the effective date of this chapter, which
are not redeveloped in a manner that increases discharge volume after
the effective date of this chapter.
As used in this chapter, 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.
The City Engineer is designated by the Common Council to
administer this chapter.
Planting, growing, cultivating and harvesting of crops for
human or livestock consumption and pasturing or yarding of livestock,
including sod farms and tree nurseries, but does not include the construction
of buildings or facilities used for agriculture.
The National Oceanic and Atmospheric Administration (NOAA)
Atlas 14 Precipitation-Frequency Atlas of the United States, Volume
8 (Midwestern States), published in 2013.
A typical calendar year of precipitation as determined by
the Wisconsin Department of Natural Resources for users of models
such as WinSLAMM, P8 or equivalent methodology. The average annual
rainfall is chosen from a department publication for the location
closest to the municipality.
A practice, technique or measure which is determined to be an effective means of preventing or reducing runoff pollutants to waters of the state, to a level compatible with the performance standards in § 270-7 of this chapter.
A day the City Engineer's office is normally open for
business.
A court-issued order to halt land development and land redevelopment
activity that is being conducted without the required permit.
An area where multiple separate and distinct land development
activities may be taking place at different times on different schedules
but under one plan.
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 where multiple separate and distinct land-disturbing
construction activities may be taking place at different times on
different schedules but under one plan. A long-range planning document
that describes separate construction projects, such as a twenty-year
transportation improvement plan, is not a common plan of development.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total rainfall depth.
Residential, commercial, industrial or institutional land
uses and associated roads.
Wells, sinkholes, swallets, fractured bedrock at the surface,
mine shafts, nonmetallic mines, tile inlets discharging to groundwater,
quarries, or depressional groundwater recharge areas over shallow
fractured bedrock.
The quantity of runoff discharged from the land surface as
the result of a rainfall event.
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
The process by which the land's surface is worn away
by the action of wind, water, ice or gravity.
Waters listed in § NR 102.11, Wis. Adm. Code.
The unincorporated area within three miles of the corporate
limits of a first-, second-, or third-class city or within 1.5 miles
of a fourth-class city or village.
A monetary payment to the City of Burlington in place of
meeting all or part of the stormwater performance standards required
by this chapter.
Soil that has at least a three-foot-deep layer with at least
20% fines; or at least a five-foot-deep layer with at least 10% fines;
or an engineered soil with an equivalent level of protection as determined
by the regulatory authority for the site.
All land-disturbing construction activities at the construction
site have been completed and that a uniform perennial vegetative cover
has been established with a density of at least 70% of the cover for
the unpaved areas and areas not covered by permanent structures or
that employ equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantee submitted to the City of Burlington
by the permit holder to assure requirements of this chapter are carried
out in compliance with the stormwater management plan.
A land cover that releases as runoff all or a large portion
of the precipitation that falls on it. Rooftops, sidewalks, driveways,
parking lots and streets are examples of surfaces that typically are
impervious.
The process by which rainfall or surface runoff passes into
or through the underlying 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 sediment into waters of the state. Land-disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
Any person holding fee title, an easement or other interest
in property, which allows the person to undertake cropping, livestock
management, land-disturbing construction activity or maintenance of
stormwater BMPs on the property.
A legal document that is filed with the County Register of
Deeds as a property deed restriction and which provides for long-term
maintenance of stormwater management practices.
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this chapter as determined in accordance with § 270-5.1 of this chapter.
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
A specific precipitation distribution developed by the United
States Department of Agriculture, Natural Resources Conservation Service,
using precipitation data from Atlas 14.
Located outside the property boundary described in the permit
application for the land development or land redevelopment activity.
Located within the property boundary described in the permit
application for the land development or land redevelopment activity.
Has the meaning given in § NR 115.03(6), Wis. Adm.
Code.
Means waters listed in § NR 102.10, Wis. Adm. Code.
The maximum unit volume of stormwater discharged during a
specified unit of time.
A measurable number or measurable narrative for a pollution
source that specifies the minimum acceptable outcome for a facility
or practice.
A written authorization made by the City of Burlington to
the applicant to conduct land development or land redevelopment activities.
A sum of money paid to the City of Burlington by the permit
applicant for the purpose of recouping the expenses incurred by the
authority in administering the permit.
A surface that infiltrates rainfall during a large portion
of the design rainfall event. Lawns, fields and woodlands are examples
of pervious surfaces.
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.
Any stormwater discharged from a site following the completion
of land-disturbing construction activity and final site stabilization.
The extent and distribution of land cover types present before
the initiation of land development or land redevelopment activity,
assuming that all land uses prior to development activity are managed
in an environmentally sound manner.
The treatment of stormwater prior to its discharge to the
primary stormwater treatment practice in order to reduce pollutant
loads to a level compatible with the capability of the primary practice.
An area of land that commences at the top of the channel
of lakes, streams and rivers, or at the delineated boundary of wetlands,
and that is the greatest of the following widths, as measured horizontally
from the top of the channel or delineated wetland boundary to the
closest impervious surface.
Areas where development is replacing older development.
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 City of Burlington which requires
that all construction activity on the site be stopped.
A conveyance or system of conveyances, including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which is designed for collecting
water or conveying stormwater.
A document that identifies what actions will be taken to
reduce stormwater quantity and pollutant loads from land development
and land redevelopment activity to levels that meet the purpose and
intent of this chapter.
A comprehensive plan developed to address stormwater drainage
and nonpoint source pollution control problems on a watershed or subwatershed
basis and which meets the purpose and intent of this chapter.
That portion of the precipitation falling during a rainfall
event or that portion of melting snow that runs off the surface of
the land and into the natural or artificial conveyance or drainage
network.
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
highwater mark of a surface water of the state, where the slope of
the land begins to be less than 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the initial
50 feet landward from the ordinary high-water mark, the top of the
channel is the ordinary high-water mark.
The amount of pollutants, specified as a function of one
or more water quality parameters, that can be discharged per day into
a water quality limited segment and still ensure attainment of the
applicable water quality standard.
Technical Paper No. 40, Rainfall Frequency Atlas of the United
States, published in 1961.
The United States Department of Agriculture, Natural Resources
Conservation Service (previously Soil Conservation Service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986, which is incorporated by reference for this chapter.
A highway, a railroad, a public mass transit facility, a
public-use airport, a public trail or any other public work for transportation
purposes such as harbor improvements under § 85.095(1)(b),
Wis. Stats. "Transportation facility" does not include building sites
for the construction of public buildings and buildings that are places
of employment that are regulated by the Department pursuant to § 281.33,
Wis. Stats.
Total suspended solids.
A rainfall type curve as established in the "United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149," published in 1973.
Those portions of Lake Michigan and Lake Superior within
the boundaries of Wisconsin and all lakes, bays, rivers, streams,
springs, ponds, wells, impounding reservoirs, marshes, watercourses,
drainage systems and other surface water or groundwater, natural or
artificial, public or private, within Wisconsin or its jurisdiction.
A.
Applicability. Except as described below, this chapter applies to
a post-construction site whereupon one acre or more of land-disturbing
construction activity occurs during construction.
(1)
Notwithstanding the applicability requirements in Subsection A, this chapter applies to post-construction sites of any size that, as determined by the City Engineer, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, causes undue channel erosion, or increases water pollution by scouring or the transportation of particulate matter.
(2)
This chapter applies to construction activities that are smaller
than one acre if such activities are part of a larger common plan
of development or sale that in total affects one or more acres.
(3)
Agricultural facilities and practices are exempt from the provisions
of this chapter.
(4)
Underground utility construction, but not including the construction
of any aboveground structures associated with utility construction,
are exempt from the provisions of this chapter.
(5)
A post-construction site with less than 10% connected imperviousness,
based on the area of land disturbance, provided the cumulative area
of all impervious surfaces is less than one acre, is exempt from the
provisions of this chapter. However, the exemption of this subsection
does not include exemption from the protective area standards of this
chapter.
B.
Jurisdiction. This chapter applies to land development and land redevelopment
activities within the boundaries of City of Burlington. This chapter
applies to all lands located within the extraterritorial plat approval
jurisdiction of the City of Burlington, even if plat approval is not
involved.
C.
Exclusions. This chapter is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.
A.
Maximum extent practicable applies when a person who is subject to
a performance standard of this chapter demonstrates to the City Engineer's
satisfaction that a performance standard is not achievable and that
a lower level of performance is appropriate. In making the assertion
that a performance standard is not achievable and that a level of
performance different from the performance standard is the maximum
extent practicable, the responsible party shall take into account
the best available technology, cost effectiveness, geographic features,
and other competing interests such as protection of public safety
and welfare, protection of endangered and threatened resources, and
preservation of historic properties.
Unless prior authorization is given by the City Engineer, the
following methods shall be used in designing the water quality, peak
discharge, and infiltration components of stormwater practices needed
to meet the water quality standards of this chapter:
A.
Consistent with the technical standards identified, developed or
disseminated by the Wisconsin Department of Natural Resources under
Subchapter V of Ch. NR 151, Wis. Adm. Code.
B.
Where technical standards have not been identified, or developed
by the Wisconsin Department of Natural Resources, other technical
standards may be used provided that the methods have been approved
by the City Engineer.
C.
Maintenance of effort. For redevelopment sites where the redevelopment
will be replacing older development that was subject to post-construction
performance standards of Ch. NR 151, Wis. Adm. Code, in effect on
or after October 1, 2004, the responsible party shall meet the total
suspended solids reduction, peak flow control, infiltration, and protective
areas standards applicable to the older development or meet the redevelopment
standards of this chapter, whichever is more stringent.
A.
Stormwater discharge quantity. Unless otherwise provided for in this
chapter, all land development and land redevelopment activities subject
to this chapter shall establish onsite management practices to control
the peak flow rates of stormwater discharged from the site and to
preserve base flow in streams. The BMPs shall be designed, installed
or applied and maintained to the maximum extent practicable in accordance
with a stormwater management plan for the long-term control of post-construction
stormwater discharges. All of the following apply:
(1)
By design, maintain or reduce the peak runoff discharge rates as
compared to predevelopment conditions for the one-, two- and ten-year,
twenty-four-hour design storms applicable to the site, assuming good
hydrologic conditions for predevelopment land covers as identified
in TR-55 or an equivalent methodology. Storage shall be provided to
accommodate up to a one-hundred-year, twenty-four-hour design storm
for post-development land cover with a maximum discharge rate of the
ten-year predevelopment rate. Predevelopment runoff curve numbers
in Table 1 shall be used. Peak discharges shall be calculated using
TR-55 runoff curve number methodology, Atlas 14 precipitation depths,
and the appropriate NRCS Wisconsin MSE3 or MSE4 precipitation distribution.
On a case-by-case basis, the City Engineer may allow the use of TP-40
precipitation depths and the Type II distribution.
|
Table 1. Maximum Predevelopment Runoff Curve Numbers
| |||||
|---|---|---|---|---|---|
|
Runoff Curve Number
|
Hydrologic Soil Group
| ||||
|
A
|
B
|
C
|
D
| ||
|
Woodland
|
30
|
55
|
70
|
77
| |
|
Grassland
|
39
|
61
|
71
|
78
| |
|
Cropland
|
55
|
69
|
78
|
83
| |
(2)
Discharge velocities must be nonerosive to discharge locations, outfall
channels, and receiving streams.
(3)
Minimize to the extent practical increases or decreases in the hydrology
of wetlands. Where such changes are proposed, the impact of the proposal
on wetland functional values shall be assessed using a methodology
acceptable to the City Engineer. Significant degradation of wetland
functional values shall be avoided. Acceptable assessment methodologies
can be found in a guide prepared by the Department of Natural Resources,
Water Quality Standards for Wetlands: A Regulator's Guide, Bureau
of Water Regulation and Zoning, September 1992.
(4)
This subsection of the chapter does not apply to any of the following:
B.
Stormwater discharge quality. Unless otherwise provided for in this
chapter, all land development and land redevelopment activities subject
to this chapter shall establish onsite management practices to control
the discharge of stormwater pollutants. The BMPs shall be designed,
installed or applied and maintained in accordance with a stormwater
management plan for the long-term control of post-construction stormwater
discharges, to control total suspended solids and other pollutants
carried in runoff to the maximum extent practicable. All of the following
apply:
(1)
BMPs shall be designed in accordance with Table 2 or to the maximum extent practicable as provided in Subsection B(6). The design shall be based on an average annual rainfall, as compared to no runoff management controls.
|
Table 2. TSS Reduction Standards
| ||
|---|---|---|
|
Development Type
|
TSS Reduction
| |
|
New development
|
80%
| |
|
In-fill development
|
80%
| |
|
Redevelopment
|
40% of load from parking areas and roads
| |
(2)
Petroleum products in runoff from gas station pump areas and vehicle
maintenance areas shall be controlled with a properly designed and
maintained oil and grease separator or other equivalent practice,
which shall remove all visible sheen from the runoff prior to discharge
to waters of the state. A gas station pump area which has a properly
designed canopy that catches and directs stormwater away from the
potential spill areas beneath it and the availability and use of petroleum
absorbent pads to immediately clean up spills shall be allowed as
an equivalent practice to meet this subsection.
(3)
Sufficient permanent vegetative cover shall be provided in riparian
areas to provide for bank stability, maintenance of fish habitat and
filtering of pollutants from upslope overland flow areas. The minimum
width of the riparian area is the width calculated using the procedures
in NRCS Standard 393, dated January 1995, or 35 feet, whichever is
greater. Riparian area widths are measured from the ordinary high-water
mark of lakes, streams and wetlands. This subsection is not applicable
to redevelopment sites or to structures that cross or access surface
waters, such as boat landings, bridges and culverts.
(4)
Discharge of urban stormwater pollutants to wetlands from land development
and land redevelopment sites shall be minimized to the extent practical.
Where such discharges are proposed, the impact of the proposed discharge
on wetland functional values shall be assessed using a method acceptable
to the City Engineer. At a minimum, stormwater discharges shall be
pretreated prior to discharge to wetlands. Significant degradation
of wetland functional values due to stormwater pollutant loads shall
be avoided.
(5)
Stormwater ponds and infiltration devices shall not be located closer
to water supply wells than as indicated below without first notifying
and obtaining approval from the City Engineer:
(a)
One hundred feet from a well serving a private water system
or a transient, noncommunity public water system.
(b)
One thousand two hundred feet from a well serving a municipal
public water system, an other-than municipal public water system,
or a nontransient, noncommunity public water system.
(c)
The boundary of a recharge area to a wellhead identified in
a wellhead area protection plan.
(6)
Maximum extent practicable. If the design cannot meet a total suspended
solids reduction performance standard of Table 2, the stormwater management
plan shall include a written, site-specific explanation of why the
total suspended solids reduction performance standard cannot be met
and why the total suspended solids load will be reduced only to the
maximum extent practicable.
(7)
Off-site drainage. When designing BMPs, runoff draining to the BMP
from off site shall be taken into account in determining the treatment
efficiency of the practice. Any impact on the efficiency shall be
compensated for by increasing the size of the BMP accordingly.
C.
Infiltration.
(1)
Best management practices. BMPs shall be designed, installed, and
maintained to infiltrate runoff in accordance with the following or
to the maximum extent practicable:
(a)
Low imperviousness. For development up to 40% connected imperviousness,
such as parks, cemeteries, and low-density residential development,
infiltrate sufficient runoff volume so that the post-development infiltration
volume shall be at least 90% of the pre-development infiltration volume,
based on an average annual rainfall. However, when designing appropriate
infiltration systems to meet this requirement, no more than 1% of
the post-construction site is required as an effective infiltration
area.
(b)
Moderate imperviousness. For development with more than 40%
and up to 80% connected imperviousness, such as medium and high density
residential, multifamily development, industrial and institutional
development, and office parks, infiltrate sufficient runoff volume
so that the post-development infiltration volume shall be at least
75% of the pre-development infiltration volume, based on an average
annual rainfall. However, when designing appropriate infiltration
systems to meet this requirement, no more than 2% of the post-construction
site is required as an effective infiltration area.
(c)
High imperviousness. For development with more than 80% connected
imperviousness, such as commercial strip malls, shopping centers,
and commercial downtowns, infiltrate sufficient runoff volume so that
the post-development infiltration volume shall be at least 60% of
the pre-development infiltration volume, based on an average annual
rainfall. However, when designing appropriate infiltration systems
to meet this requirement, no more than 2% of the post-construction
site is required as an effective infiltration area.
(2)
Pre-development. The pre-development condition shall be the same
as specified in Table 1 of the peak discharge section of this chapter.
(3)
Source areas.
(a)
Prohibitions. Runoff from the following areas may not be infiltrated and may not qualify as contributing to meeting the requirements of this section unless demonstrated to meet the conditions identified in § 270-7C(6):
[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 regulatory 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. Runoff from rooftops
of fueling and vehicle maintenance areas may be infiltrated with the
concurrence of the regulatory authority.
(b)
Exemptions. Runoff from the following areas may be credited
toward meeting the requirement when infiltrated, but the decision
to infiltrate runoff from these source areas is optional:
[1]
Parking areas and access roads less than 5,000 square feet for
commercial development.
[2]
Parking areas and access roads less than 5,000 square feet for industrial development not subject to the prohibitions under Subsection C(3)(a).
[4]
In-fill development areas less than five acres.
[5]
Roads on commercial, industrial and institutional land uses,
and arterial residential roads.
(4)
Location of practices.
(a)
Prohibitions. Infiltration practices may not be located in the
following areas:
[1]
Areas within 1,000 feet upgradient or within 100 feet downgradient
of direct conduits to groundwater.
[2]
Areas within 400 feet of a community water system well as specified
in § NR 811.16(4), 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.
(b)
Separation distances.
[1]
Infiltration practices shall be located so that the characteristics
of the soil and the separation distance between the bottom of the
infiltration system and the elevation of seasonal high groundwater
or the top of bedrock are in accordance with Table 3:
|
Table 3. Separation Distances and Soil Characteristics
| |||
|---|---|---|---|
|
Source Area
|
Separation Distance
|
Soil Characteristics
| |
|
Industrial, commercial, institutional parking lots and roads
|
5 feet or more
|
Filtering layer
| |
|
Residential arterial roads
|
5 feet or more
|
Filtering layer
| |
|
Roofs draining to subsurface infiltration practices
|
1 foot or more
|
Native or engineered soil with particles finer than coarse sand
| |
|
Roofs draining to surface infiltration practices
|
Not applicable
|
Not applicable
| |
|
All other impervious source areas
|
3 feet or more
|
Filtering layer
| |
(c)
Infiltration rate exemptions. Infiltration practices located
in the following areas may be credited toward meeting the requirements
under the following conditions, but the decision to infiltrate under
these conditions is optional:
[1]
Where the infiltration rate of the soil measured at the proposed
bottom of the infiltration system is less than 0.6 inches per hour
using a scientifically credible field test method.
[2]
Where the least permeable soil horizon to five feet below the
proposed bottom of the infiltration system using the United States
Department of Agriculture method of soils analysis is one of the following:
sandy clay loam, clay loam, silty clay loam, sandy clay, silty clay,
or clay.
(5)
Alternate use. Where alternate uses of runoff are employed, such
as for toilet flushing, laundry, or irrigation or storage on green
roofs where an equivalent portion of the runoff is captured permanently
by rooftop vegetation, such alternate use shall be given equal credit
toward the infiltration volume required by this section.
(6)
Groundwater standards.
(a)
Infiltration systems designed in accordance with this section
shall, to the extent technically and economically feasible, minimize
the level of pollutants infiltrating to groundwater and shall maintain
compliance with the preventive action limit at a point of standards
application in accordance with Ch. NR 140, 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.
(7)
Pretreatment. Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection C(6). Pretreatment options may include, but are not limited to, oil and grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
D.
Protective areas.
(1)
Definition. In this section, "protective area" means an area of land
that commences at the top of the channel of lakes, streams and rivers,
or at the delineated boundary of wetlands, and that is the greatest
of the following widths, as measured horizontally from the top of
the channel or delineated wetland boundary to the closest impervious
surface. However, in this section, "protective area" does not include
any area of land adjacent to any stream enclosed within a pipe or
culvert, so that runoff cannot enter the enclosure at this location.
(a)
For outstanding resource waters and exceptional resource waters,
75 feet.
(b)
For perennial and intermittent streams identified on a United
States Geological Survey 7.5-minute series topographic map, or a county
soil survey map, whichever is more current, 50 feet.
(c)
For lakes, 50 feet.
(e)
For highly susceptible wetlands, 75 feet. Highly susceptible
wetlands include the following types: calcareous fens, sedge meadows,
open and coniferous bogs, low prairies, coniferous swamps, lowland
hardwood swamps, and ephemeral ponds.
(f)
For less susceptible wetlands, 10% of the average wetland width,
but no less than 10 feet nor more than 30 feet. Less susceptible wetlands
include: degraded wetland dominated by invasive species such as reed
canary grass; cultivated hydric soils; and any gravel pits, or dredged
material or fill material disposal sites that take on the attributes
of a wetland.
(h)
Wetland boundary delineation shall be made in accordance with
§ NR 103.08 (1m), Wis. Adm. Code. This subsection does not
apply to wetlands that have been completely filled in compliance with
all applicable state and federal regulations. The protective area
for wetlands that have been partially filled in compliance with all
applicable state and federal regulations shall be measured from the
wetland boundary delineation after a fill has been placed. Where there
is a legally authorized wetland fill, the protective area standard
need not be met in that location.
(i)
For concentrated flow channels with drainage areas greater than
130 acres, 10 feet.
(2)
Applicability. This section applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection D(4).
(3)
Requirements. The following requirements shall be met:
(a)
Impervious surfaces shall be kept out of the protective area
entirely or to the maximum extent practicable. If there is no practical
alternative to locating an impervious surface in the protective area,
the stormwater management plan shall contain a written, site-specific
explanation.
(b)
Where land-disturbing construction activity occurs within a
protective area, adequate sod or self-sustaining vegetative cover
of 70% or greater shall be established and maintained where no impervious
surface is present. The adequate sod or self-sustaining vegetative
cover shall be sufficient to provide for bank stability, maintenance
of fish habitat, and filtering of pollutants from upslope overland
flow areas under sheet flow conditions. Non-vegetative materials,
such as rock riprap, may be employed on the bank as necessary to prevent
erosion such as on steep slopes or where high velocity flows occur.
(c)
BMPs such as filter strips, swales, or wet detention ponds,
that are designed to control pollutants from nonpoint sources, may
be located in the protective area.
(4)
Exemptions. This section does not apply to any of the following:
(b)
In-fill development areas less than five acres.
(c)
Structures that cross or access surface water such as boat landings,
bridges, and culverts.
(d)
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.
(e)
Areas of post-construction sites from which the runoff does
not enter the surface water, including wetlands, without first being
treated by a BMP to meet the local ordinance requirements for total
suspended solids and peak flow reduction, except to the extent that
vegetative ground cover is necessary to maintain bank stability.
E.
Swale treatment for transportation facilities.
(1)
Requirement. Except as provided in Subsection E(2), transportation facilities that use swales for runoff conveyance and pollutant removal are exempt from the requirements of local ordinance requirements for peak flow control, total suspended solids control, and infiltration, if the swales are designed to do all of the following or to the maximum extent practicable:
(a)
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.
(b)
Swales shall comply with sections V.F. (Velocity and Depth)
and V.G. (Sale Geometry Criteria) with a swale treatment length as
long as that specified in section V.C. (Pre-Treatment) of the Wisconsin
Department of Natural Resources Technical Standard 1005 "Vegetated
Infiltration Swales," dated May 2007, or a superseding document. Transportation
facility swale treatment does not have to comply with other sections
of Technical Standard 1005.
(2)
Other requirements.
(a)
Notwithstanding Subsection E(1), 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 one of the following:
[1]
An outstanding resource water.
[2]
An exceptional resource water.
[3]
Waters listed in § 303(d) of the Federal Clean Water
Act that are identified as impaired, in whole or in part, due to nonpoint
source impacts.
[4]
Water where targeted performance standards are developed pursuant
to § NR 151.004, Wis. Adm. Code.
(b)
The transportation facility authority shall contact the City
Engineer to determine if additional BMPs beyond a water quality swale
are needed under this subsection.
F.
General considerations for stormwater management measures. The following
considerations shall be observed in on-site and off-site runoff management:
(1)
Natural topography and land cover features such as natural swales,
natural depressions, native soil infiltrating capacity, and natural
groundwater recharge areas shall be preserved and used, to the extent
possible, to meet the requirements of this section.
(2)
Emergency overland flow for all stormwater facilities shall be provided
to prevent exceeding the safe capacity of downstream drainage facilities
and prevent endangerment of downstream property or public safety.
G.
BMP location.
(1)
To comply with the performance standards required under § 270-7 of this chapter, BMPs may be located on-site or off-site as part of a regional stormwater device, practice or system, but shall be installed in accordance with § NR 151.003, Wis. Adm. Code.
(2)
The City Engineer may approve off-site management measures provided
that all of the following conditions are met:
(a)
The City Engineer determines that the post-construction runoff
is covered by a stormwater management system plan that is approved
by the City of Burlington and that contains management requirements
consistent with the purpose and intent of this chapter.
(b)
The off-site facility meets all of the following conditions:
[1]
The facility is in place.
[2]
The facility is designed and adequately sized to provide a level
of stormwater control equal to or greater than that which would be
afforded by on-site practices meeting the performance standards of
this chapter.
[3]
The facility has a legally obligated entity responsible for
its long-term operation and maintenance.
(3)
Where a regional treatment option exists such that the City Engineer
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 City Engineer.
In determining the fee for post-construction runoff, the City Engineer
shall consider an equitable distribution of the cost for land, engineering
design, construction, and maintenance of the regional treatment option.
H.
Exceptions. The City Engineer may establish stormwater management requirements either more stringent or less stringent than those set forth in Subsections A and B, provided that at least one of the following conditions applies:
(1)
The City Engineer determines that an added level of protection is
needed to protect sensitive resources.
(2)
The City Engineer determines that the land development and land redevelopment
activity is covered by an approved stormwater management system plan
that contains management requirements consistent with the purpose
and intent of this chapter.
(3)
Provisions are made to manage stormwater by an off-site facility,
provided that all of the following conditions for the off-site facility
are met:
(a)
The facility is in place.
(b)
The facility is designed and adequately sized to provide a level
of stormwater control equal to or greater than that which would be
afforded by on-site practices meeting the performance standards of
this chapter.
(c)
The facility has a legally obligated entity responsible for
its long-term operation and maintenance.
(4)
The City Engineer finds that meeting the minimum on-site management
requirements of this chapter is not feasible due to space or site
restrictions.
I.
Fee in lieu of on-site stormwater management practices. Where the City Engineer waives under § 270-8C all or part of the minimum on-site stormwater management requirements, notwithstanding § 270-8C(1), the applicant shall be required to pay a fee in an amount determined in negotiation with the City of Burlington and approved by the Common Council. The purpose of the fee is to fund alternative municipal stormwater management measures to offset the environmental and flooding impacts of waiving the requirements. In determining the fee for land development and land redevelopment projects, the City shall consider an equitable distribution of the cost needed for land, engineering design, construction, and maintenance of stormwater management practices. All such fees collected shall be placed in a designated fund to be used exclusively for the City stormwater management practices to be constructed.
A.
Permit required. No landowner or land operator may undertake a land
development or land redevelopment activity subject to this chapter
without receiving a permit from the City prior to commencing the proposed
activity.
B.
Permit application and fee. Unless specifically excluded by this
chapter, any landowner or operator desiring a permit shall submit
to the City a permit application made on a form provided by the City
of Burlington for that purpose.
(1)
Unless otherwise excepted by this chapter, a permit application must be accompanied by the following in order for the permit application to be considered for approval by the City Engineer: a stormwater management plan, a maintenance agreement, a financial guarantee and a nonrefundable permit administration fee established in § 270-12 of this chapter.
(2)
The stormwater management plan shall be prepared to meet the requirements of §§ 270-7 and 270-9 of this chapter. The maintenance agreement shall be prepared to meet the requirements of § 270-10 of this chapter, the financial guarantee shall meet the requirements of § 270-11 of this chapter, and fees shall be those established by the Common Council as set forth in § 270-12 of this chapter.
C.
Review and approval of permit application. The City Engineer 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 30 days of the receipt of a complete permit application, including all items as required by Subsection B(1), the City Engineer shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved. The City Engineer shall base the decision on requirements set forth in §§ 270-7, 270-9 and 270-10 of this chapter.
(2)
If the stormwater permit application, plan and maintenance agreement
are approved, or if an agreed-upon payment of fees in lieu of stormwater
management practices is made, the City shall issue the permit.
(3)
If the stormwater permit application, plan or maintenance agreement
are not approved, the City Engineer shall write in detail the reasons.
(4)
The City Engineer may request additional information from the applicant.
If additional information is submitted, the City Engineer shall have
15 days from the date the additional information is received to inform
the applicant that the plan and maintenance agreement are either approved
or disapproved.
D.
Permit conditions. All permits issued under this chapter shall be subject to the following conditions, and holders of permits issued under this chapter shall be deemed to have accepted these conditions. The City Engineer may suspend or revoke a permit for violation of a permit condition, following written notification of the permittee. An action by the City to suspend or revoke this permit may be appealed in accordance with § 270-14 of this chapter.
(1)
Compliance with this permit does not relieve the permit holder of
the responsibility to comply with other applicable federal, state,
and local laws and regulations.
(2)
The permit holder shall design and install all structural and nonstructural
stormwater management measures in accordance with the approved stormwater
management plan and this permit.
(3)
The permit holder shall notify the City at least two business days before commencing any work in conjunction with the stormwater management plan and within five business days upon completion of the stormwater management practices. If required as a special condition under Subsection D(4), the permit holder shall make additional notification according to a schedule set forth by the City Engineer so that practice installations can be inspected during construction.
(5)
Stormwater practice installations required as part of this chapter
shall be certified "as built" by a licensed professional engineer.
Completed stormwater management practices must pass a final inspection
by the City Engineer or his designee to determine if they are in accordance
with the approved stormwater management plan and this chapter. The
City Engineer or his designee shall notify the permit holder in writing
of any changes required in such practices to bring them into compliance
with the conditions of this permit.
(6)
The permit holder shall notify the City Engineer of any significant
modifications it intends to make to an approved stormwater management
plan. The City Engineer will require that the proposed modifications
be submitted for approval prior to incorporation into the stormwater
management plan and execution.
(7)
The permit holder shall maintain all stormwater management practices
in accordance with the stormwater management plan until the practices
either become the responsibility of the City of Burlington or are
transferred to subsequent private owners as specified in the approved
maintenance agreement.
(8)
The permit holder authorizes the City Engineer 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 § 66.0627, Wis. Stats., or to charging such costs against the financial guarantee posted under § 270-11 of this chapter.
(9)
If so directed by the City Engineer, the permit holder shall repair,
at the permit holder's own expense, all damage to adjoining private
and municipal facilities and drainageways caused by stormwater runoff,
where such damage is caused by activities that are not in compliance
with the approved stormwater management plan.
(10)
The permit holder shall permit property access to the City Engineer
or his designee for the purpose of inspecting the property for compliance
with the approved stormwater management plan and this permit.
(11)
Where a stormwater management plan involves changes in direction
or increases in peak rate and/or total volume of runoff from a site,
the City Engineer will require the permittee to make appropriate legal
arrangements with affected property owners concerning the prevention
of endangerment to property or public safety.
E.
Permit duration. Permits issued under this section shall be valid
from the date of issuance through the date the City Engineer notifies
the permit holder that all stormwater management practices have passed
the final inspection. If work is not commenced within 180 days, the
permit shall expire. The City Engineer may attach additional conditions
before reissuing a permit.
A.
Plan requirements. The stormwater management plan required under § 270-8B(1) of this chapter shall contain any information the City Engineer requires to evaluate the environmental characteristics of the area affected by land development and land redevelopment activity, the potential impacts of the proposed development upon the quality and quantity of stormwater discharges, the potential impacts upon water resources and drainage utilities, and the effectiveness and acceptability of proposed stormwater management measures in meeting the performance standards set forth in this chapter. Unless specified otherwise by this chapter, stormwater management plans shall contain at a minimum the following information:
(1)
Name, address, telephone number, fax number and e-mail address for
the following or their designees; landowner, developer, project engineer
for practice design and certification, person(s) responsible for installation
of stormwater management practices, and person(s) responsible for
maintenance of stormwater management practices prior to the transfer,
if any, of maintenance responsibility to another party.
(2)
A proper legal description of the property proposed to be developed
referenced to the United States Public Land Survey system or to block
and lot numbers within a recorded land subdivision plat. Include a
USGS 7.5 minute topographical map showing the property boundaries
of the proposed development.
(3)
Predevelopment site conditions, including:
(a)
One or more site maps at a scale of not less than one inch equals
100 feet. The site maps shall show the following: site location and
legal property description; predominant soil types and hydrologic
soil groups; existing cover type and condition; topographic contours
of the site at a scale not to exceed two feet; topography and drainage
network, including enough of the contiguous properties to show runoff
patterns onto, through and from the site; watercourses that may affect
or be affected by runoff from the site; flow path and direction for
all stormwater conveyance sections, including time of travel and time
of concentration applicable to each; watershed boundaries used in
determinations of peak flow discharge rates and discharge volumes
from the site; lakes, streams, wetlands, channels, ditches, and other
watercourses on and immediately adjacent to the site; limits of the
one-hundred-year floodplain; location of wells located within 1,200
feet of stormwater detention ponds, infiltration basins, or infiltration
trenches; and wellhead protection areas covering the project area
and delineated pursuant to § NR 811.16, Wis. Adm. Code.
(b)
Computations of peak flow discharge rates and discharge volumes
for the two- and ten-year, twenty-four-hour storm events. All major
assumptions used in developing input parameters shall be clearly stated.
The computations shall be made for each discharge point in the development,
and the geographic areas used in making the calculations shall be
clearly cross-referenced to the required map(s).
(4)
Post-development site conditions, including:
(a)
Explanation of the provisions to preserve and use natural topography
and land cover features to minimize changes in peak flow runoff rates
and volumes to surface waters and wetlands.
(b)
Explanation of any restrictions on stormwater management measures
in the development area imposed by wellhead protection plans and ordinances.
(c)
One or more site maps at a scale of not less than one inch equals
100 feet showing the following: post-construction pervious land use,
including vegetative cover type and condition; impervious land use,
including all buildings, structures, and pavement; post-construction
topographic contours of the site at a scale not to exceed two feet;
post-construction drainage network, including enough of the contiguous
properties to show runoff patterns onto, through and from the site;
locations and dimensions of drainage easements; locations of maintenance
easements specified in the maintenance agreement; flow path and direction
for all stormwater conveyance sections, including time of travel and
time of concentration applicable to each; location and type of all
stormwater management conveyance and treatment practices, including
the on-site and off-site tributary drainage area; location and type
of conveyance system that will carry runoff from the drainage and
treatment practices to the nearest adequate outlet, such as a curbed
street, storm drain, or natural drainageway; watershed boundaries
used in determinations of peak flow discharge rates and discharge
volumes; any changes to lakes, streams, wetlands, channels, ditches,
and other watercourses on and immediately adjacent to the site.
(d)
Computations of peak flow discharge rates for the two-, ten-
and one-hundred-year, twenty-four-hour storm events and computation
for storage of the one-hundred-year, twenty-four-hour storm event
with a maximum ten-year predevelopment discharge rate. All major assumptions
used in developing input parameters shall be clearly stated. The computations
of peak flow discharge rates shall be made for each discharge point
in the development, and the geographic areas used in making the calculations
shall be clearly cross-referenced to the required map(s).
(e)
Results of investigations of soils and groundwater required
for the placement and design of stormwater management measures.
(f)
Results of impact assessments on wetland functional values.
(g)
Design computations and all applicable assumptions for the storm
sewer system.
(h)
Design computations and all applicable assumptions for stormwater
quality practices as needed to show that practices are appropriately
sized to meet the performance standards of this chapter.
(i)
Detailed drawings, including cross sections and profiles of
all permanent stormwater conveyance and treatment practices.
(5)
A description and installation schedule for the stormwater management practices needed to meet the performance standards in § 270-7.
(6)
A maintenance plan developed for the life of each stormwater management
practice, including the required maintenance activities and maintenance
activity schedule.
(7)
Cost estimates for the construction, operation, and maintenance of
each stormwater management practice.
(8)
Other information requested in writing by the City Engineer to determine
compliance of the proposed stormwater management measures with the
provisions of this chapter.
B.
All site investigations, plans, designs, computations, and drawings
shall be certified by a licensed professional engineer to be prepared
in accordance with accepted engineering practice and requirements
of this chapter.
A.
Maintenance agreement required. The maintenance agreement required for stormwater management practices under § 270-8B of this chapter shall be an agreement between the City and the permittee to provide for maintenance of stormwater practices beyond the duration period of this permit. The agreement or recordable document shall be recorded with the County Register of Deeds so that it is binding upon all subsequent owners of land served by the stormwater management practices.
B.
Agreement provisions. The maintenance agreement shall contain the
following information and provisions:
(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 § 270-8B.
(3)
Identification of the landowner(s), organization or municipality responsible for long-term maintenance of the stormwater management practices identified in the stormwater plan required under § 270-8B.
(4)
Requirement that the landowner(s), organization, or municipality shall maintain stormwater management practices in accordance with the schedule included in Subsection B(2).
(5)
Authorization for the City to access the property to conduct inspections
of stormwater practices as necessary to ascertain that the practices
are being maintained and operated in accordance with the agreement.
(6)
A requirement that the City shall maintain public records of the
results of the site inspections, shall inform the landowner responsible
for maintenance of the inspection results, and shall specifically
indicate any corrective actions required to bring the stormwater management
practice into proper working condition.
(7)
Agreement that the City notify the party designated under the maintenance
agreement of maintenance problems which require correction. The specified
corrective actions shall be taken within a reasonable time frame as
set by the City Engineer.
(8)
Authorization of the City to perform the corrected actions identified
in the inspection report if the landowner does not make the required
corrections in the specified time period. The City Treasurer shall
enter the amount due on the tax rolls and collect the money as a special
charge against the property pursuant to § 66.0627, Wis.
Stats.
A.
Establishment of guarantee. The City of Burlington may require the
submittal of a financial guarantee, the form and type of which shall
be acceptable to the City Attorney, and which generally shall be an
irrevocable letter of credit. The financial guarantee shall be in
an amount determined by the City 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 City the authorization to use the funds to complete
the stormwater management practices if the landowner defaults or does
not properly implement the approved stormwater management plan, upon
written notice to the landowner by the administering authority that
the requirements of this chapter have not been met.
B.
Conditions for release. Conditions for the release of the financial
guarantee are as follows:
(1)
Agreement that the City notify the party designated under the maintenance
agreement of maintenance problems which require correction. The specified
corrective actions shall be taken within a reasonable time frame as
set by the City Engineer.
(2)
Authorization of the City to perform the corrected actions identified
in the inspection report if the landowner does not make the required
corrections in the specified time period. The City Treasurer shall
enter the amount due on the tax rolls and collect the money as a special
charge against the property pursuant to § 66.0627, Wis.
Stats.
The fees referred to in other sections of this chapter shall
be established by the Common Council and may from time to time be
modified. A schedule of the fees established by the Common Council
shall be available for review in City Clerk's office.
A.
Any land development and land redevelopment activity initiated after
the effective date of this chapter by any person, firm, association,
or corporation subject to the provisions of this chapter shall be
deemed a violation unless conducted in accordance with the requirements
of this chapter.
B.
The City Engineer shall notify the responsible owner or operator
by certified mail of any noncomplying land development and land redevelopment
activity. 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 City Engineer under Subsection B, the permit holder shall correct work which does not comply with the stormwater management plan or other provisions of this permit. The permit holder shall make corrections as necessary to meet the specifications and schedule set forth by the City Engineer in the notice.
D.
If the violations of this chapter are likely to result in damage
to properties (public or private), public facilities, or waters of
the state, the City Engineer may enter the land and take emergency
actions necessary to prevent such damage. The costs incurred by the
City Engineer plus interest and legal costs shall be billed to the
owner of title of the property.
E.
The City Engineer is authorized to post a stop-work order on all
land development and land redevelopment activity in violation of this
chapter or to request the City Attorney to obtain a cease-and-desist
order in any court with jurisdiction.
F.
The City may revoke a permit issued under this chapter for noncompliance
with the provisions of this chapter.
G.
Any permit revocation, stop-work order, or cease-and-desist order
shall remain in effect unless retracted by the City or by a court
with jurisdiction.
H.
The City is authorized to refer any violation of this chapter, or
of a stop-work order or cease-and-desist order issued pursuant to
this chapter, to the City Attorney for the commencement of further
legal proceedings in any court with jurisdiction.
I.
Any person, firm, association, or corporation who or which does not
comply with the provisions of this chapter shall be subject to a forfeiture
of $500 per day for each day of the violation.
J.
Every violation of this chapter is a public nuisance. Compliance
with this chapter may be enforced by an injunction order at the suit
of the City of Burlington pursuant to § 62.23(8), Wis. Stats.
It shall not be necessary to prosecute for forfeiture or a cease-and-desist
order before resorting to an injunction proceeding.
K.
When the City determines that the holder of a permit issued pursuant to this chapter 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 City Engineer or a party designated by the City Engineer 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 City Engineer 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 § 270-11 of this chapter. 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 pursuant to § 66.0627, Wis. Stats., and collected with any other taxes levied thereon for the year in which the work is completed.
A.
The Common Council shall hear and decide appeals where it is alleged
that there is error in any order, decision or determination made by
the City in administering this chapter. The Council shall also use
the rules, procedures, duties, and powers authorized by statute in
hearing and deciding appeals.
B.
Appeals to the Common Council may be taken by any aggrieved person
or by an officer, department, board, or bureau of the City affected
by any decision in issuing or not issuing a permit.
