[HISTORY: Adopted by the Town Board of the Town of Cedarburg 10-1-2008 by Ord. No.
2008-16. Amendments noted where applicable.]
A.Â
This chapter
is adopted by the Town Board under the authority granted by § 60.627,
Wis. Stats. This chapter supersedes all provisions of a chapter previously
enacted under § 60.62, Wis. Stats., that relate to stormwater
management regulations. Except as otherwise specified in § 60.627,
Wis. Stats., § 60.62, 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 Town
Board hereby designates the Director of Public Works and/or an authorized
designee designated by the Director of Public Works (hereinafter in
this chapter referred to as "designee") to administer and enforce
the provisions of this chapter.
[Amended 5-5-2021 by Ord. No. 2021-5]
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 Town 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 and
other urban pollutants.
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
exceeding of the safe capacity of existing drainage facilities and
receiving water bodies; prevent undue channel erosion; control increases
in the scouring and transportation of particulate matter; and prevent
conditions that endanger downstream property.
B.Â
Intent.
It is the intent of the Town Board that this chapter regulates post-construction
stormwater discharges to waters of the state. This chapter may be
applied on a site-by-site basis. The Town Board 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 regional stormwater devices,
practices or systems, any of which may be designed to treat runoff
from more than one site prior to discharge to waters of the state.
Where such plans are in conformance with the performance standards
developed under § 281.16, Wis. Stats., for regional stormwater
management measures and have been approved by the Town Board, it is
the intent of this chapter that the approved plan be used to identify
post-construction management measures acceptable for the community.
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 that results in
one or more acres of land-disturbing construction activities.
(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 exposed
parking lots or roads.
(b)Â
A post-construction site with less than 10% connected imperviousness
based on complete development of the post-construction site, provided
the cumulative area of all parking lots 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.
(f)Â
Underground utility construction such as water, sewer and fiber optic
lines. This exemption does not apply to the construction of any aboveground
structures associated with utility construction.
(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 Director of Public Works or designee, is likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
[Amended 5-5-2021 by Ord. No. 2021-5]
B.Â
Jurisdiction.
This chapter applies to post-construction sites within the boundaries
and jurisdiction of the Town of Cedarburg.
C.Â
Exclusions.
This chapter is not applicable to activities conducted by a state
agency, as defined under § 27.01(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.
A.Â
Design
criteria, standards and specifications. All drainage facilities and
practices required to comply with this chapter shall incorporate technical
standards and design methods specified in the document "Town of Cedarburg
Erosion Control and Stormwater Management Requirements," maintained
and periodically updated by the Director of Public Works or designee.
[Amended 5-5-2021 by Ord. No. 2021-5]
B.Â
Where not
superseded by stricter requirements in the Town of Cedarburg Erosion
Control and Stormwater Management Requirements, the following standards
are also incorporated for reference:
(1)Â
Applicable
design criteria, standards and specifications identified in the Wisconsin
Construction Site Best Management Practice Handbook, WDNR Pub. WR-222,
November 1993 Revision.
(2)Â
Other
design guidance and technical standards identified or developed by
the Wisconsin Department of Natural Resources under Subchapter V of
Chapter NR 151, Wis. Adm. Code.
A.Â
Responsible party. The entity holding fee title to the property shall be responsible for either developing and implementing a stormwater management plan, or causing such plan to be developed and implemented through contract or other agreement. This plan shall be developed in accordance with § 185-8, which incorporates the requirements of this section.
B.Â
Plan. A written stormwater management plan in accordance with § 185-8 shall be developed and implemented for each post-construction site.
C.Â
Stormwater
management performance standards. All drainage facilities and practices
required to comply with this chapter shall meet performance standards
specified in the document, "Town of Cedarburg Erosion Control and
Stormwater Management Requirements," maintained and periodically updated
by the Director of Public Works or designee.
[Amended 5-5-2021 by Ord. No. 2021-5]
D.Â
Location
and regional treatment option.
(1)Â
Stormwater
management facilities required to meet this chapter may be located
on-site or off-site as part of a regional stormwater device, practice
or system.
(2)Â
The
Director of Public Works or designee may approve off-site management
measures, provided that all of the following conditions are met:
[Amended 5-5-2021 by Ord. No. 2021-5]
(a)Â
The Director of Public Works or designee determines that the post-construction
runoff is covered by a stormwater management system plan that is approved
by the Town of Cedarburg and that contains management requirements
consistent with the purpose and intent of this chapter.
[Amended 5-5-2021 by Ord. No. 2021-5]
(b)Â
The off-site facility meets all of the following conditions:
[1]Â
The facility will be in place before the need for the facility arises
as a result of on-site construction activities.
[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.
[4]Â
Where a regional treatment option exists such that the Director of
Public Works or designee may exempt 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 Director of Public Works or designee. In determining the
fee for post-construction runoff, the Director of Public Works or
designee shall consider an equitable distribution of the cost for
land, engineering design, construction, and maintenance of the regional
treatment option.
[Amended 5-5-2021 by Ord. No. 2021-5]
E.Â
Alternate
requirements. The Director of Public Works or designee may establish
stormwater management requirements more stringent than those set forth
in Town of Cedarburg Erosion Control and Stormwater Management Requirements,
if the Director of Public Works or designee determines that an added
level of protection is needed to address downstream stormwater management
issues.
[Amended 5-5-2021 by Ord. No. 2021-5]
A.Â
Permit
required. No responsible party may undertake a land-disturbing construction
activity without receiving a post-construction runoff permit from
the Director of Public Works or designee prior to commencing the proposed
activity.
[Amended 5-5-2021 by Ord. No. 2021-5]
B.Â
Permit
application and fees. Unless specifically excluded by this chapter,
any responsible party desiring a permit shall submit to the Director
of Public Works or designee a permit application made on a form provided
by the Director of Public Works or designee for that purpose.
[Amended 5-5-2021 by Ord. No. 2021-5]
(1)Â
Unless
otherwise excepted by this chapter, a permit application must be accompanied
by a stormwater management plan, a maintenance agreement (where required)
and, where not otherwise covered by a developer’s agreement,
a nonrefundable permit administration fee. The permit administration
fee, where applicable, shall be consistent with a fee schedule maintained
by the Town of Cedarburg and available at Town Hall.
(2)Â
The stormwater management plan shall be prepared to meet the requirements of §§ 185-6 and 185-8, the maintenance agreement shall be prepared to meet the requirements of § 185-9, the financial guarantee shall meet the requirements of § 185-10, and fees shall be those established by the Town Board as set forth in § 185-11.
C.Â
Review
and approval of permit application. The Director of Public Works or
designee 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:
[Amended 5-5-2021 by Ord. No. 2021-5]
(1)Â
The Director of Public Works or designee may request additional information if required for a complete application within 15 business days of receipt of any permit application. Within 30 business days of the receipt of a complete permit application, including all items as required by Subsection B, the Director of Public Works or designee shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this chapter.
[Amended 5-5-2021 by Ord. No. 2021-5]
(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 Director of Public Works or designee
shall issue the permit.
[Amended 5-5-2021 by Ord. No. 2021-5]
(3)Â
If
the stormwater permit application, plan or maintenance agreement is
disapproved, the Director of Public Works or designee shall detail
in writing the reasons for disapproval.
[Amended 5-5-2021 by Ord. No. 2021-5]
(4)Â
The
Director of Public Works or designee may request additional information
from the applicant. If additional information is submitted, the Director
of Public Works or designee shall have 30 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.
[Amended 5-5-2021 by Ord. No. 2021-5]
(5)Â
Prior
to commencing the land development activity, the project may be subject
to additional approvals as required by the Town’s Municipal
Code.
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 Director of Public Works or designee may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Director of Public Works or designee to suspend or revoke this permit may be appealed in accordance with § 185-13.
[Amended 5-5-2021 by Ord. No. 2021-5]
(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 Director of Public Works or designee at least two business days before commencing any work in conjunction with the stormwater management plan, and within three business days upon completion of the stormwater management practices. If required as a special condition under Subsection E, the responsible party shall make additional notification according to a schedule set forth by the Director of Public Works or designee so that practice installations can be inspected during construction.
[Amended 5-5-2021 by Ord. No. 2021-5]
(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 Director
of Public Works or its designee to determine if they are in accordance
with the approved stormwater management plan and chapter. The Director
of Public Works 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 Director of Public Works or designee
of any significant modifications it intends to make to an approved
stormwater management plan. The Director of Public Works or designee
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.
[Amended 5-5-2021 by Ord. No. 2021-5]
(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 Town Board, or are transferred
to subsequent private owners as specified in the approved maintenance
agreement.
(7)Â
The responsible party authorizes the Director of Public Works or designee 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 Subchapter VII of Chapter 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 185-10.
[Amended 5-5-2021 by Ord. No. 2021-5]
(8)Â
If
so directed by the Director of Public Works or designee, 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.
[Amended 5-5-2021 by Ord. No. 2021-5]
(9)Â
The
responsible party shall permit property access to the Director of
Public Works 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 Director
of Public Works or designee may require the responsible party to make
appropriate legal arrangements with affected property owners concerning
the prevention of endangerment to property or public safety.
[Amended 5-5-2021 by Ord. No. 2021-5]
E.Â
Permit conditions. Permits issued under this subsection may include conditions established by Director of Public Works or designee in addition to the requirements needed to meet the performance standards in § 185-6 or a financial guarantee as provided for in § 185-10.
[Amended 5-5-2021 by Ord. No. 2021-5]
F.Â
Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the Director of Public Works or designee notifies the responsible party that all stormwater management practices have passed the final inspection required under Subsection D(4). The permit shall be invalid if work is not commenced within one year of permit issuance.
[Amended 5-5-2021 by Ord. No. 2021-5]
A.Â
Plan requirements.
A stormwater management plan shall be prepared and submitted to the
Director of Public Works or designee. The stormwater management plan
shall include, at a minimum, information required in the Town of Cedarburg
Erosion Control and Stormwater Management Requirements, maintained
and periodically updated by the Director of Public Works or designee.
The Director of Public Works or designee may waive certain submittal
requirements if determined by the Director of Public Works or designee
to be unnecessary to demonstrate compliance with chapter standards.
[Amended 5-5-2021 by Ord. No. 2021-5]
A.Â
Maintenance agreement required. The maintenance agreement required under § 185-7B for stormwater management practices shall be an agreement between the Director of Public Works or designee 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.
[Amended 5-5-2021 by Ord. No. 2021-5]
B.Â
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 185-7B:
(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 § 185-6B.
(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 § 185-6B.
(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 Director of Public Works or designee, his agent or assignee,
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.
[Amended 5-5-2021 by Ord. No. 2021-5]
(6)Â
A requirement
on the Director of Public Works or designee 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.
[Amended 5-5-2021 by Ord. No. 2021-5]
(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 Director of Public Works or designee of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Director of Public Works or designee.
[Amended 5-5-2021 by Ord. No. 2021-5]
(8)Â
Authorization of the Director of Public Works or designee 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 Director of Public Works or designee shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subchapter VII of Chapter 66, Wis. Stats.
[Amended 5-5-2021 by Ord. No. 2021-5]
A.Â
Establishment
of the guarantee. The Director of Public Works or designee may require
the submittal of a financial guarantee, the form and type of which
shall be acceptable to the Director of Public Works or designee. The
financial guarantee shall be in an amount determined by the Director
of Public Works or designee 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 Director of Public Works or designee 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 Director of Public Works or designee that the requirements
of this chapter have not been met.
[Amended 5-5-2021 by Ord. No. 2021-5]
B.Â
Conditions
for release. Conditions for the release of the financial guarantee
are as follows:
(1)Â
The
Director of Public Works or designee shall release the portion of
the financial guarantee established under this section, less any costs
incurred by the Director of Public Works or designee to complete installation
of practices, upon submission of "as-built" plans by a licensed professional
engineer. The Director of Public Works or designee may make provisions
for a partial pro-rata release of the financial guarantee based on
the completion of various development stages.
[Amended 5-5-2021 by Ord. No. 2021-5]
(2)Â
The
Director of Public Works or designee shall release the portion of
the financial guarantee established under this section to assure maintenance
of stormwater practices, less any costs incurred by the Director of
Public Works or designee, at such time that the responsibility for
practice maintenance is passed on to another entity via an approved
maintenance agreement.
[Amended 5-5-2021 by Ord. No. 2021-5]
[Amended 5-5-2021 by Ord. No. 2021-5]
The fees referred to in other sections of this chapter shall
be established by the Town Board and listed in the Annual Fee Schedule
which may from time to time be modified by resolution. A schedule
of the fees shall be available for review in the Town Hall.
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 Director
of Public Works or designee 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.
[Amended 5-5-2021 by Ord. No. 2021-5]
C.Â
Upon receipt of written notification from the Director of Public Works or designee under Subsection B, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Director of Public Works or designee in the notice.
[Amended 5-5-2021 by Ord. No. 2021-5]
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 Director of Public Works or designee may enter the
land and take emergency actions necessary to prevent such damage.
The costs incurred by the Director of Public Works or designee, plus
interest and legal costs, shall be billed to the responsible party.
[Amended 5-5-2021 by Ord. No. 2021-5]
E.Â
The Director
of Public Works or designee is authorized to post a stop-work order
on all land-disturbing construction activity that is in violation
of this chapter, or to request the Town Attorney to obtain a cease-and-desist
order in any court with jurisdiction.
[Amended 5-5-2021 by Ord. No. 2021-5]
F.Â
The Director
of Public Works or designee may revoke a permit issued under this
chapter for noncompliance with chapter provisions.
[Amended 5-5-2021 by Ord. No. 2021-5]
G.Â
Any permit
revocation, stop-work order, or cease-and-desist order shall remain
in effect unless retracted by the Director of Public Works or designee
or by a court with jurisdiction.
[Amended 5-5-2021 by Ord. No. 2021-5]
H.Â
The Director
of Public Works or designee 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 Town Attorney for the commencement
of further legal proceedings in any court with jurisdiction.
[Amended 5-5-2021 by Ord. No. 2021-5]
I.Â
Any person,
firm, association, or corporation who does not comply with the provisions
of this chapter shall be subject to forfeiture per the Town Schedule
of Deposits. Each day that the violation exists shall constitute a
separate offense.
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 injunction
proceedings.
K.Â
When the Director of Public Works or designee 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 Director of Public Works or designee or a party designated by the Director of Public Works or designee 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 Director of Public Works or designee 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 § 185-10. 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.
[Amended 5-5-2021 by Ord. No. 2021-5]
A.Â
Board of Zoning Appeals. The Board of Zoning Appeals, created pursuant to § 16-2 of the Town of Cedarburg Code pursuant to § 60.65, Wis. Stats., shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Director of Public Works or designee 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.
[Amended 5-5-2021 by Ord. No. 2021-5]
B.Â
Who may
appeal. Appeals to the Board of Zoning Appeals may be taken by any
aggrieved person or by an officer, department, board, or bureau of
the Town of Cedarburg affected by any decision of the Director of
Public Works or designee.
[Amended 5-5-2021 by Ord. No. 2021-5]
If any section, clause, provision or portion of this chapter
is judged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of the chapter shall remain in force and not be affected
by such judgment.
As used in this chapter, the following terms shall have the
meanings indicated:
A governmental employee, a designee designated by the Director
of Public Works, or a regional planning commission empowered under
§ 60.627, Wis. Stats., that is designated by the Town Board
to administer this chapter.
[Amended 5-5-2021 by Ord. No. 2021-5]
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 Director of Public Works or designee
is routinely and customarily open for business.
[Amended 5-5-2021 by Ord. No. 2021-5]
A court-issued order to halt land-disturbing construction
activity that is being conducted without the required permit.
A system for conveying both sanitary sewage and stormwater
runoff.
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
An 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 creation from one parcel of two or more parcels or building
sites of five or fewer acres each in area where such creation occurs
at one time or through the successive partition within a five-year
period.
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
The process by which the land’s surface is worn away
by the action of wind, water, ice or gravity.
Waters listed in § NR 102.11, Wis. Adm. Code.
The unincorporated area within three miles of the corporate
limits of a first, second, or third class city, or within 1.5 miles
of a fourth class city or village.
All land-disturbing construction activities at the construction
site have been completed and a uniform, perennial, vegetative cover
has been established, with a density of at least 70% of the cover,
for the unpaved areas and areas not covered by permanent structures,
or employment of equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the Director
of Public Works or designee by the responsible party to assure that
requirements of the chapter are carried out in compliance with the
stormwater management plan.
[Amended 5-5-2021 by Ord. No. 2021-5]
The Town Board of Supervisors of the Town of Cedarburg.
[Amended 5-5-2021 by Ord. No. 2021-5]
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 construction-related activity that results in the addition
or replacement of impervious surfaces such as rooftops, roads, parking
lots, and other structures. Measurement of areas impacted by land
development activity includes 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.
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.
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.
Located outside the property boundary described in the permit
application.
Located within the property boundary described in the permit
application.
Has the meaning given in § NR 115.03(6), Wis. Adm.
Code.
Waters listed in § NR 102.10, Wis. Adm. Code.
The percentage of a given sample of soil, which passes through
a #200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Director of Public Works
or designee to the applicant to conduct land-disturbing construction
activity or to discharge post-construction runoff to waters of the
state. No person may conduct land-disturbing activity or discharge
post-construction runoff to waters of the state within the Town of
Cedarburg without obtaining such permit from the Town indicating that
the requirements of this chapter are met, and the owner shall pay
the applicable permit fee according to the Annual Fee Schedule as
established by the Town Board. The Town's permit application shall
require that all costs incurred by the Town or its designee, agents,
and/or consultants to properly review the application shall be the
responsibility of the applicant who shall timely pay or reimburse
the Town of Cedarburg for all engineering, inspection, legal, and
administrative costs incurred by the Town in reviewing the application.
This includes applications that result in after-the-fact permits.
[Amended 5-5-2021 by Ord. No. 2021-5]
A sum of money paid to the Director of Public Works or designee
by the permit applicant for the purpose of recouping the expenses
incurred by the authority in administering the permit.
[Amended 5-5-2021 by Ord. No. 2021-5]
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.
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:
The entire area included in the legal description of the
land on which the land-disturbing construction activity occurred.
An order issued by the Director of Public Works or designee
which requires that all construction activity on the site be stopped.
[Amended 5-5-2021 by Ord. No. 2021-5]
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has under gone 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.
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.
[Amended 5-5-2021 by Ord. No. 2021-5]
The above and foregoing chapter was duly adopted by the Town
Board of Town of Cedarburg on the first day of October 2008, and as
amended thereafter.
