[HISTORY: Adopted by the Village Board of
the Village of Superior 2-14-2008 by Ord. No. 43. Amendments noted where
applicable.]
A.Â
This chapter is adopted by the Village Board under
the authority granted by § 61.354, Wis. Stats., for villages.
This chapter supersedes all provisions of an ordinance previously
enacted under § 61.35, Wis. Stats., that relate to stormwater
management regulations. Except as otherwise specified in § 61.354,
Wis. Stats., § 61.35, Wis. Stats., applies to this chapter
and to any amendments to this chapter.
B.Â
The provisions of this chapter are deemed not to limit
any other lawful regulatory powers of the same governing body.
C.Â
The Village Board hereby designates the Village staff
or an authorized agent to administer and enforce the provisions of
this chapter.
D.Â
The requirements of this chapter do not preempt more
stringent stormwater management requirements that may be imposed by
any of the following:
(1)Â
Wisconsin Department of Natural Resources' administrative
rules, permits or approvals, including those authorized under §§ 281.16
and 283.33, Wis. Stats.
(2)Â
Targeted nonagricultural performance standards promulgated
in rules by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
The Village Board finds that uncontrolled 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.Â
Degrade physical stream habitat by increasing stream
bank erosion, increasing streambed scour, diminishing groundwater
recharge, diminishing stream base flows and increasing stream temperature.
B.Â
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, elevated temperatures and other urban
pollutants.[1]
C.Â
Alter wetland communities by changing wetland hydrology
and by increasing pollutant loads.
D.Â
Reduce the quality of groundwater by increasing pollutant
loading.
E.Â
Threaten public health, safety, property and general
welfare by overtaxing storm sewers, drainageways, and other minor
drainage facilities.
F.Â
Threaten public health, safety, property and general
welfare by increasing major flood peaks and volumes.
G.Â
Undermine floodplain management efforts by increasing
the incidence and levels of flooding.
A.Â
Purpose. The general purpose of this chapter 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)Â
Further the maintenance of safe and healthful conditions.
(2)Â
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)Â
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.
A.Â
Applicability.
(1)Â
Where not otherwise limited by law, this chapter applies after final stabilization to a site of land-disturbing construction activity meeting any of the criteria in this subsection, unless the site is otherwise exempt under Subsection A(2):
(2)Â
A site that meets any of the criteria in this subsection
is exempt from the requirements of this chapter.
(a)Â
A redevelopment post-construction site with
no increase in impervious surface, i.e., parking lots, roads, roof
area.
(b)Â
A post-construction site with less than ten-percent
connected imperviousness based on complete development of the post-construction
site, provided the cumulative area of all parking lots, roads and
rooftops is less than one acre.
(c)Â
Nonpoint discharges from agricultural facilities
and practices.
(d)Â
Nonpoint discharges from silviculture activities.
(e)Â
Routine maintenance for project sites under
five acres of land disturbance if performed to maintain the original
line and grade, hydraulic capacity or original purpose of the facility.
(3)Â
Notwithstanding the applicability requirements in Subsection A(1), this chapter applies to post-construction sites of any size that, in the opinion of the Village Board, are 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.Â
Jurisdiction. This chapter applies to post-construction
sites within the boundaries and jurisdiction of the Village of Superior.
C.Â
Exclusions. This chapter 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 chapter, the following terms
shall have the meanings indicated:
Has the meaning given in § 281.16, Wis. Stats.
A calendar year of precipitation, excluding snow, which is
considered typical.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or pollutants carried
in runoff to waters of the state.
A day the office of the Village Clerk/Treasurer 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.
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
Residential, commercial, industrial or institutional land
uses and associated roads.
The 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.
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 employment of equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the Village of
Superior by the responsible party to assure that requirements of this
chapter are carried out in compliance with the stormwater management
plan.
The Village Board of Trustees.
An area that releases as runoff all or a large portion of
the precipitation that falls on it, except for frozen soil. Rooftops,
sidewalks, driveways, parking lots and streets are examples of areas
that typically are impervious.
An undeveloped area of land located within existing development.
The entry of precipitation or runoff into or through the
soil.
A device or practice, such as a basin, trench, rain garden
or swale, designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices such as swales or roadside channels designed for conveyance
and pollutant removal only.
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater,
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
Any man-made change of the land surface, including removing
vegetative cover, excavating, filling and grading but not including
agricultural land uses such as planting, growing, cultivating and
harvesting of crops; growing and tending of gardens; and harvesting
of trees.
A legal document that provides for long-term maintenance
of stormwater management practices.
A level of implementing best management practices in order
to achieve a performance standard specified in this chapter which
takes into account the best available technology, cost-effectiveness
and other competing issues such as human safety and welfare, endangered
and threatened resources, historic properties and geographic features.
MEP allows flexibility in the way to meet the performance standards
and may vary based on the performance standard and site conditions.
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
Outside the property boundary described in the permit application.
Located within the property boundary described in the permit
application.
Has the meaning given in § NR 115.03(6), Wis. Adm.
Code.
Waters listed in § NR 102.10, Wis. Adm. Code.
The percentage of a given sample of soil which passes through
a No. 200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Village of Superior to
the applicant to conduct land-disturbing construction activity or
to discharge post-construction runoff to waters of the state.
A sum of money paid to the Village of Superior by the permit
applicant for the purpose of recouping the expenses incurred by the
authority in administering the permit.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
A construction site following the completion of land-disturbing
construction activity and final site stabilization.
The extent and distribution of land cover types present before
the initiation of land-disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
Has the meaning given in § NR 140.05(17), Wis.
Adm. Code.
Areas where development is replacing older development.
Any entity holding fee title to the property or other person
contracted or obligated by other agreement to implement and maintain
post-construction stormwater BMPs.
Stormwater or precipitation, including rain, snow or ice
melt, or similar water that moves on the land surface via sheet or
channelized flow.
The entire area included in the legal description of the
land on which the land-disturbing construction activity occurred.
An order issued by the Village of Superior which requires
that all construction activity on the site be stopped.
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has undergone final stabilization
following completion of the construction activity.
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method. (See website http://dnr.wi.gov/runoff/stormwater/techstds.htm.)[1]
An edge or point on the landscape landward from the ordinary
high-water mark of a surface water of the state, where the slope of
the land begins to be less than 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the initial
50 feet landward from the ordinary high-water mark, the top of the
channel is the ordinary high-water mark.
The United States Department of Agriculture, Natural Resources
Conservation Service (previously Soil Conservation Service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986.
A rainfall type curve as established in the United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published 1973. The Type II curve is applicable to all of Wisconsin
and represents the most intense storm pattern.
Has the meaning given in § 281.01(18), Wis. Stats.
The following methods shall be used in designing
the water quality, peak flows having any infiltration components of
stormwater practices needed to meet the water quality standards of
this chapter:
A.Â
Technical standards identified, developed or disseminated
by the Wisconsin Department of Natural Resources under Subchapter
V of Ch. NR 151, Wis. Adm. Code. (See website http://dnr.wi.gov/runoff/stormwater/
techstds.htm.)[1]
B.Â
Where technical standards have not been identified
or developed by the Wisconsin Department of Natural Resources, other
technical standards may be used, provided that the methods have been
approved by the Village of Superior or authorized agent.
C.Â
In this chapter, the following year(s) and location(s)
have been selected as average annual rainfall(s): Duluth, 1975 (March
24 to November 19).
A.Â
Responsible party. The responsible party shall implement
a post-construction stormwater management plan that incorporates the
requirements of this section.
B.Â
Plan. A written stormwater management plan in accordance with § 345-9 shall be developed and implemented for each post-construction site.
C.Â
Requirements. The plan required under Subsection B shall include the following:
(1)Â
Total suspended solids. BMPs shall be designed, installed
and maintained to control total suspended solids carried in runoff
from the post-construction site as follows:
(c)Â
For infill development under five acres that
occurs within 10 years after the effective date of this rule, by design,
reduce to the maximum extent practicable the total suspended solids
load by 40%, based on an average annual rainfall, as compared to no
runoff management controls.[3]
(d)Â
For infill development that occurs 10 or more
years after the effective date of this rule, by design, reduce to
the maximum extent practicable the total suspended solids load by
80%, based on an average annual rainfall, as compared to no runoff
management controls.[4]
(e)Â
Notwithstanding Subsection C(1)(a) to (d), if the design cannot achieve the applicable total suspended solids reduction specified, the stormwater management plan shall include a written and site-specific explanation why that level of reduction is not attained, and the total suspended solids load shall be reduced to the maximum extent practicable.
(2)Â
Peak discharge.
(a)Â
By design, BMPs shall be employed to maintain
or reduce the peak runoff discharge rates, to the maximum extent practicable,
as compared to predevelopment conditions for the two-year, twenty-four-hour
design storm applicable to the post-construction site. Predevelopment
conditions shall assume "good hydrologic conditions" for appropriate
land covers as identified in TR-55 or an equivalent methodology. The
meanings of "hydrologic soil group" and "runoff curve number" are
as determined in TR-55. However, when predevelopment land cover is
cropland, rather than using TR-55 values for cropland, the runoff
curve numbers in Table 1 shall be used.
|
Table 1
Maximum Predevelopment Runoff Curve Numbers
for Cropland Areas
| |||||
|---|---|---|---|---|---|
|
Hydrologic soil group
|
A
|
B
|
C
|
D
| |
|
Runoff curve number
|
56
|
70
|
79
|
83
| |
(b)Â
This subsection of the chapter does not apply
to any of the following:
[1]Â
A post-construction site where the change in
hydrology due to development does not increase the existing surface
water elevation at any point within the downstream receiving water
by more than 0.01 of a foot for the two-year, twenty-four-hour storm
event.
[2]Â
A redevelopment post-construction site.
[3]Â
An infill development area less than five acres.
(3)Â
Infiltration. BMPs shall be designed, installed and maintained to infiltrate runoff to the maximum extent practicable in accordance with the following, except as provided in Subsection C(3)(e) through (h):
(a)Â
For residential developments one of the following
shall be met:
[1]Â
Infiltrate sufficient runoff volume so that
the post-development infiltration volume shall be at least 90% of
the predevelopment infiltration volume, based on an average annual
rainfall. However, when designing appropriate infiltration systems
to meet this requirement, no more than 1% of the project site is required
as an effective infiltration area.
[2]Â
Infiltrate 25% of the post-development runoff
from the two-year, twenty-four-hour design storm with a Type II distribution.
Separate curve numbers for pervious and impervious surfaces shall
be used to calculate runoff volumes and not composite curve numbers
as defined in TR-55. However, when designing appropriate infiltration
systems to meet this requirement, no more than 1% of the project site
is required as an effective infiltration area.
(b)Â
For nonresidential development, including commercial,
industrial and institutional development, one of the following shall
be met:
[1]Â
Infiltrate sufficient runoff volume so that
the post-development infiltration volume shall be at least 60% of
the predevelopment infiltration volume, based on an average annual
rainfall. However, when designing appropriate infiltration systems
to meet this requirement, no more than 2% of the project site is required
as an effective infiltration area.
[2]Â
Infiltrate 10% of the runoff from the two-year,
twenty-four-hour design storm with a Type II distribution. Separate
curve numbers for pervious and impervious surfaces shall be used to
calculate runoff volumes and not composite curve numbers as defined
in TR-55. However, when designing appropriate infiltration systems
to meet this requirement, no more than 2% of the project site is required
as an effective infiltration area.
(d)Â
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(3)(h). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(e)Â
Nonqualifying runoff. Runoff from the following
areas does not qualify as contributing to meeting the requirements
of this subsection.[5]
[1]Â
Areas associated with Tier 1 industrial facilities
identified in § NR 216.21(2)(a), Wis. Adm. Code, including
storage, loading, rooftop and parking.
[2]Â
Storage and loading areas of Tier 2 industrial
facilities identified in § NR 216.21(2)(b), Wis. Adm. Code.
[3]Â
Fueling and vehicle maintenance areas.
[4]Â
Areas within 1,000 feet upgradient or within
100 feet downgradient of karst features.
[5]Â
Areas with less than three feet separation distance
from the bottom of the infiltration system to the elevation of seasonal
high groundwater or the top of bedrock, except this subsection does
not prohibit infiltration of roof runoff.
[6]Â
Areas with runoff from industrial, commercial
and institutional parking lots and roads and residential arterial
roads with less than five feet separation distance from the bottom
of the infiltration system to the elevation of seasonal high groundwater
or the top of bedrock.
[7]Â
Areas within 400 feet of a community water system
well as specified in § NR 811.16(4), Wis. Adm. Code, or
within 100 feet of a private well as specified in § NR 812.08(4),
Wis. Adm. Code, for runoff infiltrated from commercial, industrial
and institutional land uses or regional devices for residential development.
[8]Â
Areas where contaminants of concern, as defined
in § NR 720.03(2), Wis. Adm. Code, are present in the soil
through which infiltration will occur.
[9]Â
Any area where the soil does not exhibit one
of the following soil characteristics between the bottom of the infiltration
system and the seasonal high groundwater and top of bedrock: at least
a three-foot soil layer with 20% fines or greater; or at least a five-foot
soil layer with 10% fines or greater. This does not apply where the
soil medium within the infiltration system provides an equivalent
level of protection. This subsection does not prohibit infiltration
of roof runoff.
(f)Â
Exemptions. The following are not required to
meet the requirements of this subsection:
[1]Â
Areas where the infiltration rate of the soil
is less than 0.6 inch per hour measured at the site.
[2]Â
Parking areas and access roads less than 5,000
square feet for commercial and industrial development.
[3]Â
Redevelopment post-construction sites.
[4]Â
Infill development areas less than five acres.
[5]Â
Infiltration areas during periods when the soil
on the site is frozen.
[6]Â
Roads in commercial, industrial and institutional
land uses, and arterial residential roads.
(g)Â
Where alternate uses of runoff are employed,
such as for toilet flushing, laundry or irrigation, such alternate
use shall be given equal credit toward the infiltration volume required
by this subsection.
(h)Â
Minimization of pollutants.
[1]Â
Infiltration systems designed in accordance
with this subsection shall, to the extent technically and economically
feasible, minimize the level of pollutants infiltrating to groundwater
and shall maintain compliance with the preventive action limit at
a point of standards application in accordance with 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]Â
Notwithstanding Subsection C(3)(h)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
(4)Â
Protective areas.
(a)Â
"Protective area" means an area of land that
commences at the top of the channel of lakes, streams and rivers,
or at the delineated boundary of wetlands, and that is the greatest
of the following widths, as measured horizontally from the top of
the channel or delineated wetland boundary to the closest impervious
surface. However, in this subsection, protective area does not include
any area of land adjacent to any stream enclosed within a pipe or
culvert, such that runoff cannot enter the enclosure at this location.
[1]Â
For outstanding resource waters and exceptional
resource waters, and for wetlands in areas of special natural resource
interest as specified in § NR 103.04, Wis. Adm. Code: 75
feet.
[2]Â
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]Â
For lakes: 50 feet.
[4]Â
For highly susceptible wetlands: 50 feet. Highly
susceptible wetlands include the following types: fens, sedge meadows,
bogs, low prairies, conifer swamps, shrub swamps, other forested wetlands,
fresh wet meadows, shallow marshes, deep marshes and seasonally flooded
basins. Wetland boundary delineations shall be made in accordance
with § NR 103.08(1m), Wis. Adm. Code. This subsection does
not apply to wetlands that have been completely filled in accordance
with all applicable state and federal regulations. The protective
area for wetlands that have been partially filled in accordance with
all applicable state and federal regulations shall be measured from
the wetland boundary delineation after fill has been placed.
[5]Â
For less susceptible wetlands: 10% of the average
wetland width, but no less than 10 feet nor more than 30 feet. Less
susceptible wetlands include degraded wetlands dominated by invasive
species such as reed canary grass.
[6]Â
In Subsection C(4)(a)[1], [4] and [5], determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in § NR 103.03, Wis. Adm. Code.
[7]Â
For concentrated flow channels with drainage
areas greater than 130 acres: 10 feet.
(b)Â
This subsection applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection C(4)(d).
(c)Â
The following requirements shall be met:
[1]Â
Impervious surfaces shall be kept out of the
protective area. The stormwater management plan shall contain a written
site-specific explanation for any parts of the protective area that
are disturbed during construction.[6]
[2]Â
Where land-disturbing construction activity
occurs within a protective area, and where no impervious surface is
present, adequate sod or self-sustaining vegetative cover of 70% or
greater shall be established and maintained. The adequate sod or self-sustaining
vegetative cover shall be sufficient to provide for bank stability,
maintenance of fish habitat and filtering of pollutants from upslope
overland flow areas under sheet flow conditions. Nonvegetative materials,
such as rock riprap, may be employed on the bank as necessary to prevent
erosion, such as on steep slopes or where high velocity flows occur.
[3]Â
Best management practices such as filter strips,
swales, or wet detention basins that are designed to control pollutants
from nonpoint sources may be located in the protective area.
(d)Â
This subsection does not apply to:
[1]Â
Redevelopment post-construction sites.
[2]Â
Infill development areas less than five acres.
[3]Â
Structures that cross or access surface waters,
such as boat landings, bridges and culverts.
[4]Â
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.
[5]Â
Post-construction sites from which runoff does
not enter the surface water, except to the extent that vegetative
ground cover is necessary to maintain bank stability.
(5)Â
Fueling and vehicle maintenance areas. Fueling and
vehicle maintenance areas shall, to the maximum extent practicable,
have BMPs designed, installed and maintained to reduce petroleum within
runoff, such that the runoff that enters waters of the state contains
no visible petroleum sheen.
(6)Â
Swale treatment for transportation facilities.
(a)Â
Applicability. Except as provided in Subsection C(6)(b), transportation facilities that use swales for runoff conveyance and pollutant removal meet all of the requirements of this section if the swales are designed to the maximum extent practicable to do all of the following:
[1]Â
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]Â
Carry runoff through a swale for 200 feet or
more in length that is designed with a flow velocity no greater than
1.5 feet per second for the peak flow generated using either a two-year,
twenty-four-hour design storm or a two-year storm with a duration
equal to the time of concentration, as appropriate. If a swale of
200 feet in length cannot be designed with a flow velocity of 1.5
feet per second or less, then the flow velocity shall be reduced to
the maximum extent practicable.
(b)Â
Exemptions. The Village of Superior may, consistent
with water quality standards, require other provisions of this section
to be met on a transportation facility with an average daily travel
of vehicles greater than 2,500 and where the initial surface water
of the state that the runoff directly enters is any of the following:
[1]Â
An outstanding resource water.
[2]Â
An exceptional resource water.
[3]Â
Waters listed in Section 303(d) of the Federal
Clean Water Act that are identified as impaired, in whole or in part,
due to nonpoint source impacts.
[4]Â
Waters where targeted performance standards
are developed under § NR 151.004, Wis. Adm. Code, to meet
water quality standards.
D.Â
General considerations for on-site and off-site stormwater
management measures. The following considerations shall be observed
in managing runoff:
(1)Â
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)Â
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.Â
Location and regional treatment option.
(1)Â
The BMPs may be located on site or off site as part
of a regional stormwater device, practice or system.
(2)Â
Post-construction runoff within a nonnavigable surface
water that flows into a BMP, such as a wet detention pond, is not
required to meet the performance standards of this chapter. Permanent
post-construction BMPs, such as riprap, stilling basins, erosion control
mat, etc., may be located in nonnavigable surface waters.[7]
(3)Â
Except as allowed under Subsection E(4), post-construction runoff from new development shall meet the post-construction performance standards prior to entering a navigable surface water.
(4)Â
Post-construction runoff from any development within
a navigable surface water that flows into a BMP is not required to
meet the performance standards of this chapter if:
(5)Â
Runoff from existing development, redevelopment and
infill areas shall meet the post-construction performance standards
in accordance with this subsection.
(a)Â
To the maximum extent practicable, BMPs shall
be located to treat runoff prior to discharge to navigable surface
waters.
(b)Â
Post-construction BMPs for such runoff may be
located in a navigable surface water if allowable under all other
applicable federal, state and local regulations, such as Ch. NR 103,
Wis. Adm. Code, and Ch. 30, Wis. Stats.
(6)Â
The discharge of runoff from a BMP, such as a wet
detention pond, or after a series of such BMPs is subject to this
chapter.
(7)Â
The Village Board may approve off-site management
measures, provided that all of the following conditions are met:
(a)Â
The Village Board determines that the post-construction
runoff is covered by a stormwater management plan that is approved
by the Village of Superior and that contains management requirements
consistent with the purpose and intent of this chapter.[8]
(b)Â
The off-site facility meets all of the following
conditions:
[1]Â
The facility is in place.
[2]Â
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]Â
The facility has a legally obligated entity
responsible for its long-term operation and maintenance.
(8)Â
Where a regional treatment option exists such that
the Village Board exempts the applicant from all or part of the minimum
on-site stormwater management requirements, the applicant shall be
required to pay a fee in an amount determined in negotiation with
the Village Board. In determining the fee for post-construction runoff,
the Village Board shall consider an equitable distribution of the
cost for land, engineering design, construction and maintenance of
the regional treatment option.
F.Â
Alternate requirements. The Village Board may establish
stormwater management requirements more stringent than those set forth
in this section if the Village of Superior determines that an added
level of protection is needed to protect sensitive resources.
A.Â
Permit required. No responsible party may undertake
a land-disturbing construction activity without receiving a post-construction
runoff permit from the Village Board prior to commencing the proposed
activity.
B.Â
Permit application and fees. Unless specifically excluded
by this chapter, any responsible party desiring a permit shall submit
to the Village Board a permit application made on a form provided
by the Village of Superior for that purpose.
(1)Â
Unless otherwise accepted by this chapter, a permit
application must be accompanied by a stormwater management plan, a
maintenance agreement and a nonrefundable permit administration fee.
(2)Â
The stormwater management plan shall be prepared to meet the requirements of §§ 345-7 and 345-9; the maintenance agreement shall be prepared to meet the requirements of § 345-10; the financial guarantee shall meet the requirements of § 345-11; and fees shall be those established by the Village Board as set forth in § 345-12.
C.Â
Review and approval of permit application. The Village
Board 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)Â
Within 30 business days of the receipt of a complete permit application, including all items as required by Subsection B, the Village Board shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this chapter.
(2)Â
If the stormwater permit application, plan and maintenance
agreement are approved, or if an agreed upon payment of fees in lieu
of stormwater management practices is made, the Village Board shall
issue the permit.
(3)Â
If the stormwater permit application, plan or maintenance
agreement is disapproved, the Village Board shall detail in writing
the reasons for disapproval.
(4)Â
The Village Board may request additional information
from the applicant. If additional information is submitted, the Village
Board shall have 20 business days from the date all the additional
information is received to inform the applicant that the plan and
maintenance agreement are either approved or disapproved.[1]
(5)Â
Failure by the Village Board to inform the permit
applicant of a decision within 30 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.Â
Permit requirements. 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 Village Board may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Village Board to suspend or revoke this permit may be appealed in accordance with § 345-14.
(1)Â
Compliance with this permit does not relieve the responsible
party of the responsibility to comply with other applicable federal,
state and local laws and regulations.
(2)Â
The responsible party shall design and install all
structural and nonstructural stormwater management measures in accordance
with the approved stormwater management plan and this permit.
(3)Â
The responsible party shall notify the Village Board at least five 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 E, the responsible party shall make additional notification according to a schedule set forth by the Village Board so that practice installations can be inspected during construction.[2]
(4)Â
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 Village Board or its designee to determine if they are in accordance
with the approved stormwater management plan and this chapter. The
Village Board or its designee shall notify the responsible party in
writing of any changes required in such practices to bring them into
compliance with the conditions of this permit.
(5)Â
The responsible party shall notify the Village Board
of any significant modifications it intends to make to an approved
stormwater management plan. The Village Board 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)Â
The responsible party shall maintain all stormwater
management practices in accordance with the stormwater management
plan until the practices either become the responsibility of the Village
Board or are transferred to subsequent private owners, as specified
in the approved maintenance agreement that is included in the stormwater
management plan.[3]
(7)Â
The responsible party authorizes the Village Board 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 § 345-11.
(8)Â
If so directed by the Village Board, the responsible
party shall repair at the responsible party's own expense all damage
to adjoining municipal facilities and drainageways caused by runoff,
where such damage is caused by activities that are not in compliance
with the approved stormwater management plan.
(9)Â
The responsible party shall permit property access
to the Village Board or its designee for the purpose of inspecting
the property for compliance with the approved stormwater management
plan and this permit.
(10)Â
Where site development or redevelopment involves
changes in direction, increases in peak rate and/or total volume of
runoff from a site, the Village of Superior or authorized agent may
require the responsible party to make appropriate legal arrangements
with affected property owners concerning the prevention of endangerment
to property or public safety.
A.Â
Plan requirements. The stormwater management plan required under § 345-8B shall contain at a minimum the following information:
(1)Â
Name, address, and telephone number for the following
or their designees: landowner; developer; project engineer for practice
design and certification; person(s) responsible for installation of
stormwater management practices; and person(s) responsible for maintenance
of stormwater management practices prior to the transfer, if any,
of maintenance responsibility to another party.
(2)Â
A proper legal description of the property proposed
to be developed, referenced to the U.S. Public Land Survey System
or to block and lot numbers within a recorded land subdivision plat.
(3)Â
Predevelopment site conditions, including:
(a)Â
One or more site maps at a scale of not less
than one inch equals 100 feet. The site maps shall show the following:
site location and legal property description; predominant soil types
and hydrologic soil groups; existing cover type and condition; topographic
contours of the site at a scale not to exceed two feet; topography
and drainage network including enough of the contiguous properties
to show runoff patterns onto, through, and from the site; watercourses
that may affect or be affected by runoff from the site; flow path
and direction for all stormwater conveyance sections; watershed boundaries
used in hydrology determinations to show compliance with performance
standards; lakes, streams, wetlands, channels, ditches, and other
watercourses on and within 500 feet of the site; limits of the one-hundred-year
floodplain; and location of wells and wellhead protection areas covering
the project area and delineated pursuant to § NR 811.16,
Wis. Adm. Code.[1]
(b)Â
Hydrology and pollutant loading computations
as needed to show compliance with performance standards. All major
assumptions used in developing input parameters shall be clearly stated.
The geographic areas used in making the calculations shall be clearly
cross-referenced to the required map(s).
(4)Â
Post-development site conditions, including:
(a)Â
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)Â
Explanation of any restrictions on stormwater
management measures in the development area imposed by wellhead protection
plans and ordinances.
(c)Â
One or more site maps at a scale of not less
than one inch equals 100 feet, showing the following: post-construction
pervious areas including vegetative cover type and condition; impervious
surfaces including all buildings, structures, and pavement; post-construction
topographic contours of the site at a scale not to exceed two feet;
post-construction drainage network including enough of the contiguous
properties to show runoff patterns onto, through and from the site;
locations and dimensions of drainage easements; locations of maintenance
easements specified in the maintenance agreement; flow path and direction
for all stormwater conveyance sections; location and type of all stormwater
management conveyance and treatment practices, including the on-site
and off-site tributary drainage area; location and type of conveyance
system that will carry runoff from the drainage and treatment practices
to the nearest adequate outlet, such as a curbed street, storm drain,
or natural drainageway; watershed boundaries used in hydrology and
pollutant loading calculations and any changes to lakes, streams,
wetlands, channels, ditches, and other watercourses on and within
500 feet of the site.[2]
(d)Â
Hydrology and pollutant loading computations
as needed to show compliance with performance standards. The computations
shall be made for each discharge point in the development, and the
geographic areas used in making the calculations shall be clearly
cross-referenced to the required map(s).
(e)Â
Results of investigations of soils and groundwater
required for the placement and design of stormwater management measures.
Detailed drawings including cross sections and profiles of all permanent
stormwater conveyance and treatment practices.
(5)Â
A description and installation schedule for the stormwater management practices needed to meet the performance standards in § 345-7.
(6)Â
A maintenance plan developed for the life of each
stormwater management practice, including the required maintenance
activities and maintenance activity schedule.
(7)Â
Cost estimates for the construction, operation and
maintenance of each stormwater management practice.
(8)Â
Other information requested in writing by the Village
Board to determine compliance of the proposed stormwater management
measures with the provisions of this chapter.
(9)Â
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.
B.Â
Alternate requirements. The Village Board may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 345-7C(3)(e).
A.Â
Maintenance agreement required. The maintenance agreement required under § 345-8B for stormwater management practices shall be an agreement between the Village Board and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.
B.Â
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 345-9A(6):
(1)Â
Identification of the stormwater facilities and designation
of the drainage area served by the facilities.
(2)Â
A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under § 345-8B.
(3)Â
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 § 345-8B.
(4)Â
Requirement that the responsible party(s), organization, or city, county, town or village shall maintain stormwater management practices in accordance with the schedule included in Subsection B(2).
(5)Â
Authorization for the Village Board 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)Â
A requirement on the Village Board 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)Â
Agreement that the party designated under Subsection B(3) as responsible for long-term maintenance of the stormwater management practices shall be notified by the Village Board of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Village Board.
(8)Â
Authorization of the Village Board to perform the corrected actions identified in the inspection report if the responsible party designated under Subsection B(3) does not make the required corrections in the specified time period. The Village Board 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.
A.Â
Establishment of the guarantee. The Village Board
may require the submittal of a financial guarantee, the form and type
of which shall be acceptable to the Village Board. The financial guarantee
shall be in an amount determined by the Village Board to be the estimated
cost of construction and the estimated cost of maintenance of the
stormwater management practices during the period for which the designated
party in the maintenance agreement has maintenance responsibility.
The financial guarantee shall give the Village Board the authorization
to use the funds to complete the stormwater management practices if
the responsible party defaults or does not properly implement the
approved stormwater management plan, upon written notice to the responsible
party by the Village Board that the requirements of this chapter have
not been met.[1]
B.Â
Conditions for release. Conditions for the release
of the financial guarantee are as follows:
(1)Â
The Village Board shall release the portion of the
financial guarantee established under this section, less any costs
incurred by the Village Board to complete installation of practices,
upon submission of as-built plans by a licensed professional engineer.
The Village Board may make provisions for a partial pro rata release
of the financial guarantee based on the completion of various development
stages.
(2)Â
The Village Board shall release the portion of the
financial guarantee established under this section to assure maintenance
of stormwater practices, less any costs incurred by the Village Board,
at such time that the responsibility for practice maintenance is passed
on to another entity via an approved maintenance agreement.
The fees referred to in other sections of this
chapter shall be established by the Village Board and may from time
to time be modified by resolution. A schedule of the fees established
by the Village Board shall be available for review in Village offices.
A.Â
Any land-disturbing construction activity or post-construction
runoff initiated after the effective date of this chapter by any person,
firm, association or corporation subject to the chapter provisions
shall be deemed a violation unless conducted in accordance with the
requirements of this chapter.
B.Â
The Village Board 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.Â
Upon receipt of written notification from the Village Board 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 Village Board in the notice.
D.Â
If the violations of a permit issued pursuant to this
chapter are likely to result in damage to properties, public facilities,
or waters of the state, the Village Board or authorized agent may
enter the land and take emergency actions necessary to prevent such
damage. The costs incurred by the Village Board, plus interest and
legal costs, shall be billed to the responsible party.
E.Â
The Village Board is authorized to post a stop-work
order on all land-disturbing construction activity that is in violation
of this chapter or to request that the municipal attorney obtain a
cease and desist order in any court with jurisdiction.
F.Â
The Village Board may revoke a permit issued under
this chapter for noncompliance with chapter provisions.
G.Â
Any permit revocation, stop-work order, or cease and
desist order shall remain in effect unless retracted by the Village
Board or by a court with jurisdiction.
H.Â
The Village Board 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 Municipal Attorney for the
commencement of further legal proceedings in any court with jurisdiction.
I.Â
Any person, firm, association, or corporation who or which does not comply with the provisions of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-4, of this Code, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.[1]
J.Â
Compliance with the provisions of this chapter 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.Â
When the Village Board 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 Village Board or a party designated by the Village Board may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The Village Board 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 § 345-11 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 and collected with any other taxes levied thereon for the year in which the work is completed.
A.Â
Zoning Board of Appeals. The Zoning Board of Appeals
shall hear and decide appeals where it is alleged that there is error
in any order, decision or determination made by the Village Board
in administering this chapter. 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 chapter that are not contrary to the public
interest and where owing to special conditions a literal enforcement
of the chapter will result in unnecessary hardship.
B.Â
Who may appeal. Appeals to the Zoning Board of Appeals
may be taken by any aggrieved person or by an officer, department,
board or bureau of the Village of Superior affected by any decision
of the Village Board.
