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Green Lake County, WI
 
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Table of Contents
Table of Contents
Code
New Laws (8) Index
A. 
Applicability. This article applies to land development activities which meet the applicability criteria specified in this section. This article also applies to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development or sale that meets the following applicability criteria, even though multiple separate and distinct land development activities may take place at different times on different schedules:
(1) 
Residential land development with a gross aggregate area of five acres or more;
(2) 
Residential land development with a gross aggregate area of at least three acres, but less than five acres, if there are at least 1.5 acres of impervious surfaces;
(3) 
Nonresidential land development with a gross aggregate area of 1.5 acres or more or any nonresidential land development which creates impervious area of 1.0 acre or more; and
(4) 
Land development activities, regardless of size of the development, which in the opinion of Green Lake County are likely to result in stormwater runoff which exceeds the safe capacity of the existing drainage facilities or receiving body of water, which causes undue channel erosion, which increases water pollution by scouring or the transportation of particulate matter or which endangers downstream property or public safety.
B. 
Jurisdiction. This article applies to land development and land disturbing activities within the unincorporated boundaries of Green Lake County.
C. 
Exemptions. This article does not apply to the following activities: land development activities conducted or contracted for by any County, state or federal agency.
A. 
All best management practices required to comply with this chapter shall meet the design criteria, standards and specifications in the latest edition of the Wisconsin Stormwater Manual, as published and amended from time to time by the State of Wisconsin Department of Natural Resources. Design criteria, standards and specifications for best management practices not contained in the Wisconsin Stormwater Manual shall not be permitted unless approved by the Green Lake County Land Conservation Department.
B. 
Unless prior authorization is given by the Land Conservation Department, the following methods shall be used for making hydrologic calculations and for designing stormwater management practices to meet the requirements of this chapter: All hydrologic and hydraulic design calculations required under this article shall be based on the principles of the document titled "Urban Hydrology for Small Watersheds" (Technical Release 55 or TR-20) published by the Engineering Division, Natural Resources Conservation Service, United States Department of Agriculture, June 1992, or other methods approved by the Green Lake County Land Conservation Department.
A. 
Stormwater discharge quantity. Unless otherwise provided for in this chapter, all land development activities subject to this chapter shall establish on-site management practices to control the peak flow rates of stormwater discharged from the site. Infiltration of stormwater runoff from driveways, sidewalks, rooftops, and landscaped areas shall be incorporated to the maximum extent practical, to provide volume control in addition to control of peak flows. On-site management practices shall be used to meet the following minimum performance standards:
(1) 
The peak flow rates of stormwater runoff from the development shall not exceed those calculated for the series of design storms specified in Subsection A(2) occurring under predevelopment conditions specified in Subsection A(3). Discharge velocities must be nonerosive to discharge locations, outfall channels, and receiving streams. Safe overland conveyance must be provided for discharges from the development.
(2) 
At a minimum, the two-, ten- and one-hundred-year rainfall events shall be used in comparing peak flow discharge rates for predevelopment and post-development conditions.
(3) 
Predevelopment conditions for land developing activities shall assume a "good" level of land management. When the Natural Resources Conservation Service (NRCS) TR-55 or TR-20 Method is used to calculate peak flow discharge rates and runoff volumes for the predevelopment condition, NRCS curve numbers shall not exceed the following for the given soil hydrologic groups. When other methods for computing runoff are used, they shall assume a comparable predevelopment condition.
Soil Hydrologic Group
A
B
C
D
NRCS Curve Number for Meadow
30
58
71
78
NRCS Curve Number for Woodland
30
55
70
77
(4) 
Significant negative changes to wetland functional values due to increased or decreased stormwater runoff volumes should be avoided to the extent practical as defined by Green Lake County. Where such changes are proposed, the impact of the proposal on wetland functional values shall be assessed using a methodology acceptable to Green Lake County. Significant degradation to wetland functional values shall be avoided.
B. 
Stormwater discharge quality. Unless otherwise provided for in this chapter, all land development activities subject to this chapter shall establish on-site management practices to control the quality of stormwater discharged from the site. On-site management practices shall be used to meet the following minimum standard:
(1) 
Stormwater treatment practices shall be designed to trap, filter, or otherwise prevent the release of particulate materials.
(2) 
The two-year, twenty-four-hour rainfall event shall be used in designing stormwater practices for purposes of reducing pollutant loadings and protecting physical stream habitat.
(3) 
Discharge of urban stormwater pollutants to natural wetlands which negatively change the wetland functional value should be avoided to the extent practical. Where such discharges are proposed, the impact of the proposal on wetland functional value shall be assessed using a method acceptable to Green Lake County. Significant degradation to wetland functional values shall be avoided.
(4) 
Stormwater discharges shall be pretreated prior to infiltration to prolong the life of the infiltration practice and to prevent discharge of stormwater pollutants at concentrations that will result in exceedance of groundwater preventive action limits or enforcement standards established by the Department of Natural Resources in Ch. NR 140, Wis. Adm. Code.
(5) 
Stormwater ponds and infiltration devices shall not be located closer to water supply wells than indicated below without first notifying the Land Conservation Department per DNR Rule NR 812.08:
(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, a nonmunicipal public water system, or a nontransient, noncommunity public water system; and
(c) 
The boundary of a recharge area to a wellhead identified in a wellhead area protection plan.
C. 
Exceptions. The requirements for on-site stormwater management practices established in Subsections A and B are not applicable in areas which are determined by the Land Conservation Department to be covered by an approved stormwater management plan which was developed and approved as an alternative stormwater management planning approach to carrying out on-site measures consistent with the purpose and intent of this chapter. In such cases, the recommendations of the approved stormwater management plan shall be applied either through the installation of stormwater management provisions recommended to be included on the development site being considered and/or through the payment of a fee as set forth in Subsection D. These minimum requirements may also be waived in whole or in part by the Land Conservation Department upon written request of the applicant, provided that at least one of the following conditions applies:
(1) 
Provisions are made to manage stormwater by an off-site facility. This requires that the off-site facility is in place and is designed and adequately sized to provide a level of stormwater control that is equal to or greater than that which would be afforded by application of the standards of this chapter.
(2) 
The Land Conservation Department finds that meeting the minimum on-site management requirements is infeasible due to space or site restrictions.
D. 
General considerations for on-site and off-site stormwater management measures. The following considerations shall be observed in managing stormwater runoff:
(1) 
Natural topography and land cover features such as natural swales, natural stream channels, floodplain, 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 article.
(2) 
Emergency overland flow for all stormwater facilities shall be considered to prevent exceeding the safe capacity of downstream drainage facilities and prevent endangerment of property or public safety.
A. 
Permit required. No landowner or land operator may undertake a land development activity subject to this chapter without receiving a permit from the Land Conservation Department prior to commencing the proposed activity.
B. 
Permit application and fee. Unless specifically excluded by this chapter, any land owner or operator desiring a permit shall submit to the Land Conservation Department a permit application made on a form provided by the Land Conservation Department for that purpose.
(1) 
Unless otherwise excepted by this chapter, a permit application must be accompanied by the following in order that the permit application may be considered by the Land Conservation Department: a stormwater management plan; a maintenance agreement; any payment of fees in lieu, as defined in § 284-4; and a nonrefundable permit administration fee.
(2) 
The stormwater management plan shall be prepared to meet the requirements of § 284-15 of this chapter; the maintenance agreement shall be prepared to meet the requirements of § 284-16 of this chapter; and fees shall be those established by Green Lake County as set forth in § 284-18 of this chapter.
C. 
Review and approval of permit application. The Land Conservation Department shall review any permit application that is submitted with a stormwater management plan, maintenance agreement, and the required fee. The following approval procedure shall be used:
(1) 
Within 10 business days of the receipt of a complete permit application, including all documents as required by Subsection B(1), the Land Conservation Department shall inform the applicant in writing whether the application, plan and maintenance agreement are approved or disapproved. The Land Conservation Department shall base the decision on requirements set forth in §§ 284-13, 284-14 and 284-15 of this chapter.
(2) 
If the stormwater permit application, plan, and maintenance agreement are approved, the Land Use Planning and Zoning Department shall be notified in writing that the requirements of this chapter have been satisfied.
(3) 
If the stormwater permit application, plan, or maintenance agreement is disapproved, the Land Conservation Department shall detail in writing of the reasons for disapproval. A copy of the denial shall be sent to the Land Use Planning and Zoning Department.
(4) 
If additional information is submitted, the Land Conservation Department shall have 10 business days from the date the additional information is received to inform the applicant that the plan and maintenance agreement are either approved or disapproved.
(5) 
Failure by the Land Conservation Department to inform the permit applicant of a decision within 15 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 conditions. All permits issued under this section shall be subject to the following conditions, and holders of permits issued under this chapter shall be deemed to have accepted these conditions. The Land Conservation Department may suspend or revoke a permit for violations of a permit condition, following written notification of the permittee. An action by the Land Conservation Department to suspend or revoke this permit may be appealed in accordance with § 284-20 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, install, and maintain all structural and nonstructural stormwater management measures in accordance with the approved stormwater management plan, maintenance agreement, and this permit.
(3) 
The permit holder shall notify the Land Conservation Department at least three business days before commencing any work in conjunction with the stormwater management plan and within three business days upon completion of the stormwater management practices. If required as a special condition, the permit holder shall make additional notification according to a schedule set forth by the Land Conservation Department so that practice installations can be inspected during construction.
(4) 
Completed stormwater management practices must pass a final inspection to determine if they are in accordance with the approved stormwater management plan and this chapter. The administering authority 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.
(5) 
The permit holder shall notify the Land Conservation Department prior to any modifications he or she intends to make to an approved stormwater management plan. The Land Conservation Department may require that the proposed modifications be submitted for approval prior to incorporation into the stormwater management plan and execution.
(6) 
The permit holder shall maintain all stormwater management practices specified in the approved stormwater management plan until the practices either become the responsibility of the Land Conservation Department or are transferred to subsequent private owners as specified in the approved maintenance agreement.
(7) 
The permit holder authorizes the Land Conservation Department to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan and to charge such costs against the performance bond posted for the project.
(8) 
The permit holder shall provide a five-year guaranty on all facilities installed as part of the stormwater plan.
(9) 
If so directed by the Land Conservation Department, the permit holder shall repair, at the permit holder's own expense, all damage to 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 Land Conservation Department 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 off of a site, the Land Conservation Department may require the permittee to make appropriate legal arrangements with adjacent property owners concerning the prevention of endangerment to downstream property or public safety.
(12) 
The permit holder is subject to the enforceable actions detailed in § 284-19 of this chapter if the permit holder fails to comply with the terms of this permit.
E. 
Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the Land Conservation Department provides written notice to the permit holder that all stormwater management practices have passed the final inspection required under Subsection D(4).
A. 
Plan requirements. The stormwater management plan required under § 284-14B of this chapter shall contain any such information the Land Conservation Department may need to evaluate the environmental characteristics of the area affected by land development 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, and telephone number for the following or their designees: landowner; developer; project engineer for practice design and certification; persons(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.
(3) 
Predevelopment site conditions, including:
(a) 
One or more site maps at a scale of not less than one inch equals 50 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 ten-foot contour intervals; 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 delineation of wellhead protection areas delineated pursuant to Sec. NR 811.16, Wis. Adm. Code.
(b) 
Computations of the peak flow discharge rates and discharge volumes from each discharge point in the development. At a minimum, computations must be made for the following storms: two-, ten-, and one-hundred-year. All major assumptions used in developing input parameters shall be clearly stated. The 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 natural wetlands.
(b) 
Explanation of any restrictions on stormwater management measures in the development area imposed by wetland protection plans and ordinances.
(c) 
One or more site maps at a scale of not less than one inch equals 50 feet showing: revised pervious land use, including vegetative cover type and condition; impervious land use, including all buildings, structures, and pavement; revised topographic contours of the site at a scale not to exceed two feet; revised 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; locations and type of all stormwater management conveyance and treatment practices, including the on-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; and any changes to lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site.
(d) 
Computations of the peak flow discharge rates and discharge volumes from each discharge point in the development, including analysis of the safe capacity of downstream drainage conveyance systems. At a minimum, computations must be made for the following storms: two-, ten- and one-hundred-year. All major assumptions used in developing input parameters shall be clearly stated. The areas used in making the calculations shall be clearly cross-referenced to the required map(s).
(e) 
Detailed 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 stormwater conveyance (open channel, closed pipe) and stormwater treatment practices (sedimentation type, filtrations, infiltration type) as needed to show that practices are appropriately sized and capable of meeting the discharge performance standards of this chapter.
(h) 
Detailed drawings, including cross sections and profiles, of all permanent stormwater conveyance and treatment practices.
(5) 
A stormwater plan construction schedule.
(6) 
A maintenance plan developed for the life of each stormwater management practice, including the required maintenance activities and maintenance activity schedule.
(7) 
Other information as needed by the Land Conservation Department to determine compliance of the proposed stormwater management measures with the provisions of this chapter.
B. 
Exceptions. The Land Conservation Department may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 281-13C of this chapter.
A. 
Maintenance agreement required. The maintenance agreement required for stormwater management practices under § 284-14 of this chapter shall be an agreement between the Land Conservation Department and the permittee. 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 provisions:
(1) 
Identification of the landowner(s), organization or municipality responsible for maintenance of the stormwater management practices.
(2) 
The landowner(s), organization or municipality shall maintain stormwater management practices in accordance with the stormwater practice maintenance provisions contained in the approved stormwater management plan submitted under § 284-15 of this chapter.
(3) 
The Land Conservation Department is authorized to access the property to conduct inspections of stormwater practices as necessary to ascertain that the practices are being maintained and operated in accordance with the approved stormwater management plan.
(4) 
A schedule for regular maintenance of each aspect of the property's stormwater management system.
(5) 
That if the Land Conservation Department notifies 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 Land Conservation Department.
(6) 
The Land Conservation Department is authorized to perform the corrective actions identified in the inspection report if the landowner does not make the required corrections in the specified time period. The Land Conservation Department shall assess the landowner for the cost of such work and shall place a lien on the property which may be collected as ordinary taxes by Green Lake County.
(7) 
Identification of the stormwater facilities and design components and designation of the drainage area served by the facilities.