[HISTORY: Adopted by the Common Council of
the City of Jefferson as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-2-2007 by Ord. No. 15-07]
The City Council finds that the management of
stormwater and other surface water discharges draining to the Rock
River watershed and to the Crawfish River watershed is a matter that
affects the health, safety and welfare of the City, its citizens and
businesses and others in the surrounding area. In addition, the Federal
Environmental Protection Agency and the Wisconsin Department of Natural
Resources have implemented new standards for stormwater management
that may eventually require significant upgrades to the existing stormwater
practices of the City, without any funding to assist in complying
with these new standards. Failure to effectively manage stormwater
affects the sanitary sewer utility operations of the City by, among
other things, increasing the likelihood of infiltration and inflow
into the sanitary sewer system. Surface water runoff may cause erosion
of lands, threaten residences and businesses with water damage and
create environmental damage to the rivers within and adjacent to the
City. A system for the collection and disposal of stormwater provides
services to all properties within the City and surrounding areas,
including properties not currently served by the systems. The cost
of operating and maintaining the City Stormwater Management System
and financing necessary repairs, replacements, improvements and extensions
thereof should, to the extent practicable, be allocated in relationship
to the services received from the system. In order to protect the
health, safety and welfare of the public, the City Council hereby
exercises its authority to establish a stormwater utility and establish
the rates for stormwater management services, adopting and publishing
as required by law the regulations contained in this section. The
City is acting pursuant to the authority granted by Chapters 62 and
66, Wis. Stats., including but not limited to Sections 62.04, 62.11,
62.16, 62.175, 62.18, 66.0621, 66.0809, 66.0811 and 66.0821.
In order to protect the health, safety and welfare
of the public, the City Council hereby exercises its authority to
establish the Jefferson Stormwater Utility. The management, operation
and control of the Jefferson Stormwater Utility shall be vested in
the City Council. The City Administrator or his/her designee will
oversee the Utility.
A.
Applicability. This article applies to all parcels
within the incorporated boundaries of the City of Jefferson.
B.
Abrogation and greater restrictions. This article
is not intended to repeal, abrogate, annul, impair or interfere with
any existing easements, covenants, deed restrictions, agreements,
rules, regulations, ordinances or permits previously adopted or issued
pursuant to law. However, wherever this article imposes greater restrictions,
the provisions of this article shall govern.
C.
Interpretation. In their interpretation and application,
the provisions of this article shall be liberally construed in favor
of the City of Jefferson and shall not be deemed a limitation or repeal
of any other power granted by the Wisconsin Statutes.
Subject to the approval of the City Council,
the Stormwater Utility shall have the power and authority to acquire,
construct, lease, own, operate, maintain, extend, expand, replace,
clean, dredge, repair, conduct, manage and finance such utilities,
operations and activities as are deemed by the City to be proper and
reasonably necessary for a system of stormwater and surface water
management. These facilities may include, without limitation due to
enumeration, surface and underground drainage facilities, storm sewers,
watercourses, retaining walls, ponds, streets, roads, ditches and
such other facilities relating to collection, runoff, treatment, detention
or retention. This includes facilities that will support a Stormwater
Management System, whether such facilities are owned and operated
directly by the City or are provided under statutory or contractual
provisions and furnishing of which facilities creates or imposes a
cost or charge upon the City for the services afforded by such facilities.
As used in this article, the following terms
shall have the meanings indicated:
The costs of general management and administration of the
Utility and compliance with the requirements of Wisconsin Administrative
Code, Chapter NR 216, include, but are not limited to, the following:
Wages, salaries and related employee expenses
for management and administration of the Utility together with fringe
benefits and premiums paid on such wages and salaries for the state
workers' compensation coverage.
Utility billing and accounting expenses.
Office supplies.
Permit fees.
Consultant and legal fees.
The cost of acquiring, purchasing, leasing, planning, designing,
constructing, extending and improving all or any part of the Stormwater
Management System and any principal, interest or premiums on any indebtedness
incurred for these purposes.
The City of Jefferson, Wisconsin.
The Common Council of the City of Jefferson, Wisconsin.
A parcel zoned for or used for business and commercial uses.
The owner of a developed parcel.
All annual principal and interest requirements and obligations
of the City, including debt service reserves and coverage requirements,
that relate to Stormwater Management System improvements.
Any parcel where the property has been altered from its natural
state to create or add impervious surface. A parcel is deemed to be
a developed parcel when:
A building for occupancy by two families or as otherwise
identified in the City's Building and Zoning Codes.[1]
The impervious area of a developed parcel relative to the
statistical average of impervious area of one single-family or duplex
unit within the City. One ERU is equal to 3,220 square feet of impervious
area.
A surface as measured on a horizontal plane which has been
compacted or covered with a layer of material so that it is highly
resistant to infiltration by rainwater. It includes, but is not limited
to, all areas covered by structures, roof extensions, patios, porches,
driveways, loading docks, parking lots, sidewalks and compacted clay
and gravel which are used as driveways or parking lots. An impervious
surface is deemed to generate excess or increased runoff as compared
to property in its undeveloped state.
A parcel zoned for or used for manufacturing and industrial
activities.
A parcel intended for governmental, educational or religious
activities that has obtained exemption from Wisconsin property taxes
under § 70.11(1), (2), (2m), (3), (4), (6), (7), (20), (32)
and (34), Wis. Stats.
A parcel, or portion thereof, on which is located three or
more dwelling units.
Administrative costs, capital costs and debt service.
All direct and indirect costs, excluding capital costs, necessary
to ensure adequate drainage and control of stormwater and surface
water on a continuing basis and assure optimal long-term function
of Stormwater Management System facilities. O&M costs may include
expenses for, but not limited to, the following purposes:
Wages and salaries and related employee expenses
for operating and maintenance of the Stormwater Management System,
and supervisory personnel, together with fringe benefits and premiums
paid on such wages and salaries for the state workers' compensation
coverage.
Fuel and other operating supplies.
Repairs to and maintenance of the equipment
associated therewith.
Premiums for hazard insurance.
Premiums for insurance providing coverage against
liability for the injury to persons and/or property.
Rents and leasing costs.
Operation, licensing and maintenance costs for
trucks and heavy equipment.
Consultant and legal fees.
Replacement costs.
Materials used in repairs or maintenance activities.
The legal unit of land division as recorded by the Jefferson
County Register of Deeds. Multiple contiguous parcels with the same
owner(s) may be considered to be one parcel for the purposes of levying
stormwater utility charges.
A building for occupancy by a single family or as otherwise
identified in the City's Building and Zoning Codes.[2]
All facilities and practices necessary to convey, store,
detain, treat or prevent pollution in stormwater runoff or groundwater
or to preserve natural waterways and wetlands.
A parcel with no impervious surfaces. Undeveloped parcels
are not deemed to generate excess or increased runoff.
A stormwater utility charge to cover the costs of the Stormwater Management System necessary to fulfill the purposes set forth in § 232-1 shall apply to each developed parcel in the City of Jefferson.
A.
Introduction. The basis for computation of the charge
for stormwater services and facilities provided by the stormwater
utility to lots and parcels of land within the City is established
under this section. The actual charge rates to be imposed and any
future changes in those rates may be made by resolution of the City
Council. All rates established pursuant to this article shall be fair
and reasonable. A schedule of current charges shall be maintained
and on file in the office of the City Clerk.
C.
Stormwater utility expense components. All expenses
incurred by the stormwater utility shall be divided into the following
components:
(1)
Administrative component costs. These costs include
the stormwater utility's estimated annual systemwide administrative
and management costs and other costs not in the operation and maintenance
component or the capital and debt service component.
(2)
Operation and maintenance component costs. These costs
include the stormwater utility's estimated annual cost of operating
and maintaining the City's Stormwater Management System.
(3)
Capital improvement and debt services component costs.
These costs include the current and estimated future capital improvement
costs and debt service payments for the City's Stormwater Management
System.
D.
Stormwater utility charge. The stormwater utility
charge assessed against each parcel shall be calculated as follows:
(1)
Equivalent runoff unit charge (ERUC). The ERUC is
determined by taking the sum of all administrative costs all operation
and maintenance component costs, and all capital improvement and debt
services component costs and dividing that number by the total ERUs,
less those the City has subtracted for customers who received a credit.
(2)
Each Single-family and duplex parcel shall equal one
ERU.
(3)
Each other parcel, whether multifamily residential,
commercial, industrial or institutional, shall be charged for a number
of ERUs equal to the ratio of the total impervious area of the parcel
to the square footage of impervious surface in one ERU, but, at a
minimum, shall be charged one ERU. (For example, a parcel with 4,830
square feet of impervious area shall be charged for 1.5 ERUs.)
(4)
Credits. Credits may be granted to owners of properties
who have significantly reduced the impacts of stormwater discharge
on the Stormwater Management System.
E.
The initial charge rate shall be established by resolution
of the City Council concurrent with adoption of this article. Any
future changes in the customer classifications, ERUs, billing unit
calculations, rates or the credit system may be made by resolution
or ordinance of the City Council.
A.
Credits may be considered for multifamily, commercial,
industrial, institutional or other non-single parcel owners who construct,
own and properly maintain on-site Stormwater Management Systems that
mitigate flow rates or total runoff volume impacts or that provide
sediment removal in stormwater runoff utilizing a design that has
been approved by the City. Credits may also be granted to owners of
parcels from which storm runoff flows directly to a public receiving
water, provided that said property owner completely maintains the
bank of that receiving water that is within or adjacent to the parcel.
B.
Only the operation and maintenance cost part of the
total charge is eligible for a credit. The nonoperation and maintenance
cost part of the charge will not be eligible for a credit.
C.
Single-family residential and duplex parcels shall
not be eligible for credits.
D.
The City Council shall approve and shall keep on file
a set of written criteria for issuing credits and rebates.
E.
No credit shall be considered for structural or nonstructural
best management practices that are required in order to comply with
any local, state or federal regulations, including, but not limited
to, City of Jefferson ordinances, Wisconsin State Statutes, Chapter
30, Wisconsin Administrative Codes NR 151, NR 216 and NR 103, and
the Federal Clean Water Act.
F.
No credit shall be considered for any natural features,
including, but not limited to, wetlands, streams and creeks, floodplains
or water impoundments of any kind in existence prior to the passage
of this article.
G.
The customer shall be responsible for submitting any
request for credit, in writing, to the City. The customer shall provide
all supporting documentation, surveys and engineering reports as may
be necessary to document the justification for the request for credit.
H.
The amount of any credit or rebate issued to a customer
shall be proportional to the amount the on-site Stormwater Management
System reduces the customer's impact on the operation and maintenance
costs of the public Stormwater Management System.
I.
Any ERU adjustment granted shall thereafter be used
to calculate the customer's user charges unless a change in the impervious
surface area is made or the site is regraded. The credit, if granted,
shall only apply beginning the first full billing period following
the date of the filing for the credit. There shall be no retroactive
adjustment for user charges imposed prior to the filing of the credit
application.
A.
Adjustments to the measured impervious and parcel
areas. Property owners may submit to the City site and building surveys
or other documentation which more accurately describe the impervious
surface area of a parcel than the area the City has used for computation
of the charge to that parcel. Such surveys or documentation shall
be prepared by a registered land surveyor or registered professional
engineer.
B.
Appeal procedure.
(1)
Within 30 days of the submission of a request to the
City Engineer for a credit or adjustment to the number of ERUs allocated
to the property, the City Engineer shall issue a written decision
as to whether the request for credit or adjustment should be granted,
denied or granted in part. The written decision shall also set forth
the reason or reasons for such a decision. The decision shall be sent
to the customer by certified mail and shall be provided to the Streets
Committee.
(2)
Within 30 days of receipt of the written decision
from the City Engineer, an appeal from the City Engineer's decision
may be submitted to the City Clerk. The Streets Committee shall review
the decision and hold a hearing thereon. The customer shall be notified
of the date of the hearing by certified mail.
(3)
Upon review, the Streets Committee shall determine
whether the decision should be approved, rejected or modified. The
customer shall be allowed to present evidence at the hearing. The
final determination of the Streets Committee shall be in writing and
set forth, in detail, the reason or reasons for its decision, and
the Streets Committee shall inform the customer by certified mail.
The Streets Committee may, at its discretion, require access to the
property to assist in its determination.
(4)
Any person who objects to any action or decision of
the Streets Committee may appeal to the City Council for reconsideration.
A written notice of such appeal shall be filed with the City Clerk
within 30 days of the date of the action or decision from which appeal
is being made. The notice of appeal shall state the action or decision
of the Streets Committee being appealed. The City Clerk shall schedule
the appeal for a hearing by the City Council at a meeting, open to
the public, within 30 days of the filing of the notice of appeal.
The City Clerk shall send notice of the time scheduled for the consideration
of the appeal to the appellant at least 10 days prior to the hearing.
Within 30 days of the appeal hearing, the City Council, by majority
vote, shall affirm, modify or reverse the action or decision. Notice
of the final decision of the City Council shall be sent to the appellant.
C.
Any ERU adjustment granted shall thereafter be used
to calculate the customer's user charges unless a change in the impervious
surface area is made or the site is regraded. The adjustment, if granted,
shall only apply beginning the first full billing period following
the date of the filing for the credit. There shall be no retroactive
adjustment for user charges imposed prior to the filing of the initial
appeal.
A.
The City Council shall establish billing procedures
and may bill charges on the same invoice as water and sewer charges
or may send separate invoices where the parcel being charged does
not have water and sewer service or for multifamily or condominium
parcels where there are multiple water meters for a single parcel.
B.
Interest on late payments may be charged, not to exceed
1.0% per month.
C.
On October 15 of each year, the City Treasurer shall
cause a notice to be mailed or delivered to the owner or occupant
of any parcel for which stormwater utility charges have not been paid
in accordance with Utility requirements, plus any interest due. All
balances in arrears on November 1 of each year shall become a lien
on the parcel and shall be inserted on the tax rolls for collection
in accordance with § 66.0809(3), Wis, Stats., as amended.
The Stormwater Utility shall prepare an annual
budget which shall separately account for the revenue and expense
of the Stormwater Utility. Stormwater Utility expenses shall include
all operation and maintenance costs, cost of borrowing, planning costs
and other costs related to the operation of the Stormwater Utility.
The budget is subject to approval by the City Council. Stormwater
charges collected shall be deposited in the Stormwater Utility enterprise
fund and shall be used for no other purpose. Any excess of revenues
over expenditures in a year shall be retained in the enterprise fund
and used for Stormwater Utility expenses in subsequent years.
[Adopted 5-20-2008 by Ord. No. 9-08]
This article is adopted under the authority
granted by §§ 61.34(1), 61.35, 61.354, 62.23 and 236.45,
Wis. Stats.
The Common Council of the City of Jefferson
finds that construction site erosion and uncontrolled stormwater runoff
from land disturbing and land development activities have significant
adverse impacts upon regional water resources and the health, safety,
property and general welfare of the community and diminish the public
enjoyment and use of natural resources. The Common Council finds that
effective sediment and stormwater management depends on proper planning,
design and timely installation of conservation and management practices
and their continuing maintenance. Specifically, soil erosion and stormwater
runoff can:
A.
Carry sediment, nutrients, pathogens, organic matter,
heavy metals, toxins and other pollutants to regional lakes, streams
and wetlands;
B.
Diminish the capacity of water resources to support
recreational and water supply uses and a natural diversity of plant
and animal life;
C.
Clog the City's existing drainage systems, increasing
maintenance problems and costs;
D.
Cause bank and channel erosion;
E.
Increase downstream flooding;
F.
Reduce groundwater recharge, which may diminish stream
base flows and lower water levels in regional lakes, ponds and wetlands;
G.
Contaminate drinking water supplies;
H.
Increase risk of property damage and personal injury;
and
I.
Cause damage to agricultural fields and crops.
It is the purpose of this article to preserve
the natural resources, to protect the quality of the waters of the
state and the City and to protect and promote the health, safety and
welfare of the people to the extent practicable by accomplishing the
following objectives:
A.
Promote regional stormwater management by watershed;
B.
Minimize sedimentation, water pollution from nutrients,
heavy metals, chemical and petroleum products and other contaminants,
flooding and thermal impacts to the water resources of the City;
C.
Promote infiltration and groundwater recharge;
D.
Protect functional values of natural watercourses
and wetlands;
E.
Achieve an eighty-percent reduction in sediment load
rates to Jefferson County waters compared to no controls for all new
development, a forty-percent reduction in sediment load rates compared
to no controls for all redevelopment and street reconstruction and
a twenty-percent reduction in sediment load rates compared to no controls
for existing developments;
F.
Ensure no increase in the rate of surface water drainage
from sites during or after construction; and
G.
Protect public and private property from damage resulting
from runoff or erosion.
It is not intended by this article to repeal,
abrogate, annul, impair or interfere with any existing easements,
covenants, deed restrictions, agreements, rules, regulations, ordinances
or permits previously adopted or issued pursuant to law. Wherever
this article imposes greater restrictions, the provisions of this
article shall govern.
In their interpretation and application, the
provisions of this article shall be held to be the minimum requirements
and shall not be deemed a limitation or repeal of any other power
granted by the Wisconsin Statutes.
As used in this article, the following terms
shall have the meaning indicated:
A regulated activity has significantly:
Related to or used for the production of food and fiber,
including, but not limited to, general farming, livestock and poultry
enterprises, grazing, nurseries, horticulture, viticulture, truck
farming, forestry, sod production, cranberry production and wild crop
harvesting, and includes lands used for on-site buildings and other
structures necessary to carry out such activities.
The removal of soil or rock fragments along the banks or
bed of a stream channel resulting from high flow after rain events.
A practice, technique or measure that is an effective, practical
means of preventing or reducing soil erosion or water pollution, or
both, from runoff both during and after land development activities.
These can include structural vegetative or operational practices.
The City of Jefferson.
The person or representative hired, appointed or retained
by the City Council to routinely provide public works services, building
inspection or engineering services for the City and shall include
the City Building Inspector, City Engineer, City Administrator, Director
of Public Facilities or any other person designated by the City Council
or these particular City representatives.
The person or a representative of the firm appointed or retained
by the City Council to routinely provide engineering services for
the City.
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
Preventing or reducing soil erosion and sedimentation from
land development and land disturbing activity.
A structural or nonstructural practice, or combination of
practices, to control sediment and other pollutants, manage runoff
or maintain infiltration devices, wet detention basins, grit chambers,
filter fences, mulching and seeding and minimize the extent and duration
of disturbed areas.
A written description of the number, locations, sizes and
other pertinent information of control measures designed to meet the
requirements of this article submitted by the applicant for review
and approval by the Plan Commission and City Council.
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 detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
Any act by which organic matter, earth, sand, gravel, rock
or any other material is cut into, dug, quarried, uncovered, removed,
displaced, relocated or bulldozed and shall include the resulting
conditions.
Buildings and other structures and impervious area existing
prior to the adoption of this article.
An act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported
or moved by man to a new location and shall include the resulting
conditions.
An escrow account, certified check, irrevocable letter of
credit or similar guarantee submitted to the city to assure that requirements
of this article are carried out in compliance with the stormwater
management plan.
A severe loss of soil caused by or resulting in concentrated
flow of sufficient velocity to create a defined flow channel.
A site where an area of land is subjected to significant
compaction due to the removal of vegetative cover or earthmoving activities,
including filling.
Has the meaning used in the runoff calculation methodology
promulgated by the United States Natural Resources Conservation Service
Engineering Field Manual for Conservation Practices.
Any land cover that prevents rain or melting snow from soaking
into the ground, such as roofs (including overhangs), roads, sidewalks,
patios, driveways and parking lots. For purposes of this article,
all road, driveway or parking surfaces, including gravel surfaces,
shall be considered impervious unless specifically designed to encourage
infiltration and approved by the local approval authority.
For the purposes of this article, refers to any precipitation
that does not leave the site as surface runoff. Infiltration shall
be calculated using a mathematical model as accepted by the City Engineer
with input parameters as established by the City Engineer.
A device or practice such as a basin, trench, rain garden
or practice 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 land alterations or disturbances that may result in soil
erosion, sedimentation or change in runoff, including but not limited
to removal of ground cover, grading, excavating and filling of land.
Any person operating, leasing, renting or having made other
arrangements with the landowner by which the landowner authorizes
use of his land.
A site where an area of land is subjected to minor compaction
due to the limited removal of vegetative cover or earthmoving activities.
The City staff, agency or contracted entity charged by the
City Council with responsibility for enforcing stormwater and erosion
control ordinances. Unless amended, this shall be the City Engineer
for the City.
Chapter 290 of the Jefferson Code of Ordinances.
A level of implementing best management practices in order
to achieve a performance standard specified in this article 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 performance standards and
may vary based on the performance standard and site conditions.
Any of the following activities:
Structural development, including construction
of a new building or other structures;
Expansion or alteration of an existing structure
that results in an increase in the surface dimensions of the building
or structure;
Land disturbing activities; or
Creation or expansion of impervious surface.
A rate of flow of stormwater runoff usually measured in feet
per second, that does not erode soils. Nonerosive velocities vary
for individual sites, taking into account topography, soil type and
runoff rates.
The maximum rate of flow of water at a given point in a channel,
watercourse or conduit resulting from the predetermined storm or flood.
The holder of a permit issued pursuant to this article.
Any land cover that permits rain or melting snow to soak
into the soil.
Refers to the extent and distribution of land cover types
anticipated to occur under conditions of full development of the submitted
plan. This term is used to match predevelopment and postdevelopment
stormwater peak flows as required by this article.
Refers to the extent and distribution of land cover types
present before initiation of the proposed land development activity,
assuming that all land uses prior to the land disturbing activity
are in good condition, as described in the Natural Resources Conservation
Service Technical Release 55, Urban Hydrology for Small Watersheds
(commonly known as "TR-55"). This term is used to match predevelopment
and postdevelopment stormwater peak flows as required by this article.
In a situation where cumulative impervious surface created after the
date of adoption of this article exceeds the threshold of 20,000 square
feet, the predevelopment conditions shall be those prior to the proposed
land disturbances.
Any construction, alteration or improvement exceeding 4,000 square feet of land disturbance performed on sites where the entire existing site is predominantly developed to commercial, industrial, institutional or multifamily residential uses. Projects may include a mix of redevelopment and new impervious surfaces. New impervious surfaces added as a result of redevelopment are subject to § 232-8.
Rainfall, snow melt or irrigation water following over the
ground surface.
Has the meaning used in the runoff calculation methodology
promulgated by the United States Natural Resources Conservation Service
Engineering Field Manual for Conservation Practice.
Solid earth material, both mineral and organic, that is in
suspension, is being transported or has been moved from its site of
origin by air, water, gravity or ice and has come to rest on the earth's
surface at a different site.
The deposition of eroded soils at a site different from the
one where the erosion occurred.
A loss of soil caused by sheet flow or shallow concentrated
flow and characterized by an absence of channeling or a relatively
uniform loss across the exposed upper layer of the soil or shallow
irregular scouring of the soil surface.
The bounded area described in an erosion control plan or
stormwater management plan.
The net vertical rise over horizontal run, expressed as a
percentage which represents a relatively homogeneous surface incline
or decline over the area disturbed.
The rate, usually measured in tons per acre per year, at
which soil is transported beyond the perimeter of a given control
site and which occurs as a result of sheet and rill erosion. This
term does not apply to soil movement resulting from concentrated flow
such as gully or bank erosion.
The precipitation amounts that occur over a twenty-four-hour
period that have a specified recurrence interval for Jefferson County,
Wisconsin. For example, one-, two-, ten- and one-hundred-year storm
events have a recurrence interval of one, two, 10 and 100 years, respectively.
The flow of water which results from, and which occurs during
and immediately following, a rainfall or snow or ice melt event.
Any measures taken to permanently reduce or minimize the
negative impacts of stormwater runoff quantity and quality after land
development activities.
The waters derived from rains falling or snow melt or ice
melt occurring within a drainage area, flowing over the surface of
the ground and collected in channels, watercourses or conduits.
Removal and replacement of the road subgrade, where existing
stormwater conveyance systems are modified.
Any human-made object with form, shape and utility, either
permanently or temporarily attached to, placed upon or set into the
ground, streambed or lake bed.
That circumstance where special conditions, which were not
self-created, affect a particular property and make strict conformity
with regulations unnecessarily burdensome or unreasonable in light
of the purposes of this article.
Monday, Tuesday, Wednesday, Thursday or Friday, excluding
any such day officially observed by the City as a legal holiday.
Unless expressly exempted by § 232-9, an erosion control and stormwater management permit containing an approved erosion control plan under § 232-12 shall be required and all construction site erosion control provisions of this article shall apply to any of the following activities within the jurisdiction of the City:
A.
Land disturbing activity in excess of one acre;
B.
Land disturbing activity on a slope of greater than
10%;
C.
Land disturbing activity that involves excavation
or filling, or a combination of excavation and filling, in excess
of 1,000 cubic yards of material;
D.
Land disturbing activity that disturbs more than 200
lineal feet of road ditch, grass waterway or other land area where
surface drainage flows in a defined open channel, including the placement,
repair or removal of any underground pipe, utility or other facility
within the cross section of the channel;
E.
Construction of any new public or private roads or
access drives longer than 200 feet;
G.
Land disturbing activity that disturbs less than one
acre of land, including the installation of access drives, that the
local approval authority determines to have a high risk of soil erosion
or water pollution or that may significantly impact a lake, stream
or wetland area. Examples of activities with a high risk of soil erosion
or water pollution may include, but are not limited to, land disturbance
on erodible soil or disturbance adjacent to lakes, rivers, streams
or wetlands. All such determinations made by the local approval authority
shall be in writing, unless waived by the applicant.
Unless otherwise exempted by § 232-9, an erosion control and stormwater management permit containing an approved stormwater control plan under § 232-13 shall be required and all stormwater management provisions of this article shall apply to any of the following activities within the jurisdiction of the City:
A.
Any development that results in land disturbing activity
in excess of one acre;
E.
Other land development activities, including but not
limited to redevelopment or alteration of existing buildings or other
structures, that the local approval authority determines may significantly
increase downstream runoff volumes, flooding, soil erosion, water
pollution or property damage or significantly impact a lake, stream
or wetland area. All such determinations shall be made, in writing,
unless waived by the applicant.
B.
The following activities are exempt from the construction site erosion control provisions of § 232-7:
(1)
One- and two-family dwelling units regulated under
the Wisconsin Uniform Dwelling Code. The City shall regulate these
sites during the period that residential building permits are in effect,
consistent with then existing Wisconsin Uniform Dwelling Code requirements.
(Land disturbing activities in excess of one acre, whether or not
associated with the construction of a dwelling, are not exempt from
this article.)
(2)
Projects specifically exempted from local erosion
control ordinances under state or federal statute. It is the responsibility
of the landowner to demonstrate such exemption with documentation
acceptable to the City.
(3)
Projects subject to an approved shoreland erosion
control permit.
C.
The following activities are exempt from the infiltration
standards described in § 232-13B(6):
(1)
Redevelopment sites.
(2)
New development sites with less than 10% connected
imperviousness based on complete development of the post construction
site, provided the cumulative area of all impervious surface is less
than one acre.
(3)
Agricultural facilities and practices.
(4)
Areas where the infiltration rate of the soil is less
than 0.6 inches/hour measured at the bottom of the proposed infiltration
system where the soil layer is not easily removed or manipulated.
(5)
Parking areas and access roads less than 5,000 square
feet for commercial and industrial development.
(6)
Roads in commercial, industrial and institutional
land uses, and arterial roads.
B.
Application requirements. At least one landowner,
occupant or user controlling, occupying or using the site and desiring
to undertake a land disturbing or land developing activity subject
to this article shall provide the following when requesting a permit:
(1)
A completed erosion control and stormwater management
permit application.
(a)
The application must be signed by the landowner
or include a notarized statement signed by the landowner authorizing
the applicant to act as the landowner's agent and bind the landowner
to the terms of this article.
(5)
Copies of permits or permit applications or approvals
required by any other governmental entity.
(6)
A proposed timetable and schedule for completion and
installation of all elements of approved erosion control and stormwater
management plans and a detailed schedule for completion of construction.
(7)
An estimate of the cost of completion and installation
of all elements of the approved erosion control and stormwater management
plans.
C.
Approval process.
(1)
Within five working days following the submission
of the application and appropriate fees, the City Engineer shall verify
that the permit application is complete or notify the applicant, in
writing of any deficiencies.
(3)
Within 15 working days after receiving the completed
application and plans the City Engineer shall either approve the submitted
plan or notify the applicant, in writing, of any deficiencies.
(4)
Within 15 working days after verification that the
application is complete the City Engineer shall issue the applicant
an erosion control and stormwater management permit, provided the
applicant has met all requirements necessary for permit issuance.
The City Engineer shall issue all permit denials in writing.
(5)
Where installed stormwater control measures will be privately owned, covenants and restrictions complying with the provisions of § 232-14 shall be recorded with the Jefferson County Register of Deeds prior to the issuance of an erosion control and stormwater management permit. The foregoing information shall also be noted on every plat and certified survey map.
D.
Permit conditions. All permits shall contain the following
requirements:
(1)
The permittee shall notify the City Building Inspector
five working days prior to commencing any land developing or land
disturbing activity.
(2)
The erosion control plan shall be implemented prior
to the start of any land disturbing activity and shall be maintained
over the duration of the project. Any stormwater control components
of the plan shall be maintained in perpetuity.
(3)
The permittee is responsible for successful completion
of the erosion control plan and the stormwater management plan. The
permittee shall be liable for all costs incurred, including environmental
restoration costs, resulting from noncompliance with an approved plan.
(4)
The permittee shall inspect the erosion control measures
after each rain of 0.5 inch or more and at least once a week and make
any needed repairs.
(5)
Application for a permit shall constitute express permission by the permittee and landowner for the City to enter the property for the purposes of inspection under § 232-11 or curative action under § 232-19. The application form shall contain a prominent provision advising the applicant and landowner of this requirement.
(6)
The permittee shall pay the cost of off-site drainageway,
stream channel or other improvements necessitated by the land developing
or land disturbing activity.
(7)
All erosion control and stormwater management permits
shall be valid for a period of one year from the date of issuance.
All work must be completed prior to expiration of the permit. If land
disturbing activity is to continue beyond the expiration of the permit,
then reapplication and review pursuant to this article is required.
(8)
All incidental mud tracking off site onto adjacent
public thoroughfares shall be manually or mechanically (not hydraulically)
cleaned up and removed by the end of each working day using proper
disposal methods.
(9)
A copy of the approved permit and erosion control
plan shall be kept on the project site in a place readily accessible
to contractors, engineers, City inspection staff and other authorized
personnel.
E.
Permit transfers.
(1)
Erosion control and stormwater management permits
issued under this article are not assignable without prior written
approval by the City.
(2)
When a landowner acts to transfer an interest in property
subject to an approved erosion control plan prior to completion of
the proposed steps to attain soil stabilization, the permittee must
secure approval from the City.
(3)
When a landowner transfers ownership, possession or
control of real estate, subject to either or both an uncompleted erosion
control or stormwater management plan, the landowner may transfer
his or her obligations under the permit under the following arrangements:
(a)
The transferee shall file a new, approved erosion
control or stormwater plan, or both, with the City enforcement agent.
(b)
The transferee shall complete an approved assignment
form from the City.
(c)
The financial security held by the City may be released to the transferor if the transferee provides a financial security for the remaining obligations under the permit, following the procedures in § 232-21.
(d)
If the assignment is approved, the transferee
as subpermittee shall be responsible for the remaining unfulfilled
obligations of the erosion control and stormwater management permit,
including long-term maintenance.
F.
Plan or permit amendments. Any proposed modifications
to approved plans, construction schedules or alterations to accepted
sequencing of land disturbing site activities shall be approved by
the City.
A.
The City enforcement agent may inspect all land disturbing
activities and sites in order to ensure compliance with the erosion
control plan, stormwater management plan and permit. Application for
a permit under this article shall constitute permission by the applicant
and the landowner for the City enforcement agent to enter upon the
property, as necessary, to confirm compliance with requirements of
the chapter and the approved control plans.
B.
The permittee shall inspect the erosion control measures
after each rain of 0.5 inch or more and at least once a week and make
any needed repairs.
C.
The City enforcement agent shall inspect the site
at least once every 30 days, or more frequently if necessary, to ensure
plan compliance.
D.
Within 10 days after installation of all practices
in an approved erosion control plan and achievement of soil stabilization,
the permittee shall notify the City enforcement agent.
E.
The City enforcement agent shall inspect the property
to verify compliance with the erosion control plan within 10 days
of notification of soil stabilization.
F.
Within 10 days after installation of all practices
in an approved stormwater management plan, the permittee shall notify
the City enforcement agent and submit as-built drawings documenting
construction. The person who designed the stormwater management plan
or the permittee shall submit as-built certification to ensure that
constructed stormwater management practices and conveyance systems
comply with the specifications included in the approved plans. At
minimum, as-built certification shall include a set of drawings comparing
the approved stormwater management plan with what was constructed.
Other information shall be submitted as required by the City enforcement
agent. Within 10 days following the submittal of as-built drawings
documenting construction, the City enforcement agent shall inspect
the control measures to ensure compliance with the approved stormwater
management plan.
G.
Maintenance of stormwater control structures is the
responsibility of the owner, and facilities are subject to inspection
and orders for repairs.
H.
If land disturbing or land development activities
are being carried out without a valid permit, the City Building Inspector,
City Engineer or their authorized agents may enter the land pursuant
to the special inspection warrant provisions of § 66.0119,
Wis. Stats.
A.
Plan materials. Erosion control plans required under § 232-7 may include consideration of adjoining landowners' cooperative efforts to control transport of sediment. All maps submitted under this section shall be on a scale of at least one inch equals 100 feet. Except as specifically exempted by the City, all erosion control plans shall include, at a minimum, the following information:
(1)
Property lines, lot dimensions and limits of disturbed
area;
(2)
Location and dimensions of impervious area, including
utilities, structures, roads, highways and paving, with the type of
paving and surfacing material being indicated;
(3)
All natural and artificial water features, including,
but not limited to, lakes, ponds, streams (including intermittent
streams), wetlands, channels, ditches and other watercourses on or
immediately adjacent to the site;
(4)
Location of the predominant soil types;
(5)
Limits and extent of vegetative cover existing before
and after commencement of land disturbing activities;
(6)
Cross sections of and profiles within road ditches;
(7)
Culvert sizes;
(8)
Direction of flow of runoff continuing at least to
the nearest perennial stream (small-scale map may be used, if necessary);
(9)
Watershed size for each drainage area, including ordinary
high water marks for all navigable waters, one-hundred-year floodplains,
flood fringes and floodways, and delineated wetland boundaries;
(10)
Design discharge for ditches and structural
measures;
(11)
Existing and proposed runoff velocities;
(12)
Fertilizer and seeding rates and recommendations;
(13)
Time schedules for stabilization of ditches
and slopes;
(14)
Description of methods by which sites are to
be developed, including schedule of anticipated starting and completion
dates of land disturbing and land developing activity and time schedules
for stabilization of ditches and slopes;
(15)
Provision for sequential steps mitigating erosive
effect of land disturbing activities to be followed in appropriate
order and in a manner consistent with accepted erosion control methodology
suitable to proposed sites and amenable to prompt re-vegetation, including
runoff calculations as appropriate;
(16)
Provisions for maintenance of the control measures
during land disturbing activities and a narrative describing the long-term
maintenance required to ensure that control measures continue to perform
the functions intended by the plan;
(17)
Provisions to prevent mud tracking off site
onto public thoroughfares during the construction period; and
(18)
Provisions to disconnect impervious surfaces,
where feasible;
(19)
Provisions to prevent sediment delivery to and
accumulation in any proposed or existing stormwater conveyance systems;
(20)
Copies of permits or permit applications required
by any other unit of government or agency;
(21)
Existing or proposed elevations referenced to
the North American Vertical Datum (NAVD) of 1988 and existing and
proposed contours in the area, where deemed necessary.
(22)
Such other information as the City Engineer
deems necessary, including information necessary to reasonably determine
the location, nature and condition of any physical or environmental
features of the site.
B.
Specific plan requirements. At a minimum, the control
plan for all sites not subject to the checklist plan must include
the following requirements;
(1)
Drain inlet protection. Affected storm drain inlets
shall be protected with a straw hale, filter fabric or equivalent
barrier meeting all accepted design criteria, standards and specifications,
as determined by the City Engineer.
(2)
Waste and material disposal. All waste and unused
building materials (including garbage, debris, cleaning wastes, wastewater,
toxic materials or hazardous materials) shall be properly disposed
of and not allowed to be carried by runoff into a receiving channel
or storm sewer system.
(3)
Tracking. Access driveways and parking areas shall
be of sufficient length, width and wearing surface (such as stone)
to accommodate any vehicular traffic using site access drives and
site parking. Sediment reaching a public or private road or thoroughfare
shall be removed by sweeping (not hydraulic flushing) before the end
of each workday.
(4)
Channelized runoff. Channelized runoff from adjacent
areas through the site shall be diverted around disturbed areas, where
practical, as determined by the City Engineer. Diverted runoff shall
be conveyed in a manner that will not erode the receiving channels.
(5)
Sequenced activities. All activities on the site shall
be conducted in a logical sequence to minimize the area of bare soil
exposed at any one time and the amount of soil leaving the site.
(6)
Disturbed ground stabilization. All disturbed ground
and soil or dirt storage piles shall be contained on the site by filter
barriers and other suitable means. The containment measures shall
be installed at a time established by the City Engineer. The containment
measures shall remain in place until the site is adequately stabilized,
as determined by the City Engineer.
(7)
Filter fences or straw bales on slopes. Filter fences,
straw bales or equivalent control measures shall be placed continuously
along all side slope and downside slope sides of the site where deemed
appropriate by the City Engineer. If a channel or area of concentrated
runoff passes through the site, filter barriers shall be placed continuously
along the channel edges to reduce sediment reaching the channel.
C.
Checklist control plan.
(1)
When allowed. Applicants may submit erosion control
permit applications using a standard simplified checklist of standard
erosion control measures, provided by the City, if all of the following
conditions exist:
(a)
The site does not exceed one acre in area;
(b)
The slope of the land does not exceed 6% throughout
the site;
(c)
The City Engineer determines that no special
circumstances exist due to topography, proximity to watercourses or
relation to environmentally sensitive lands; and
(d)
There has been no subdivision of land (as defined
in Ch. 236, Wis. Stats.).
(2)
Checklist control plan approval. Simplified plan checklists
shall be reviewed by the City Building Inspector, in consultation
with the City Engineer, if necessary, for completeness and compliance
with the intent of this article.
D.
Erosion control performance standards.
(1)
Proposed design, suggested location and phased implementation
of effective practicable erosion control measures for all erosion
control plans shall be designed, engineered and implemented to achieve
the following results:
(a)
Prevent gully and bank erosion; and
(b)
Limit total off-site permissible annual aggregate
soil loss for exposed areas resulting from sheet and rill erosion
to an annual cumulative soil loss rate not to exceed 7.5 tons per
acre annually.
(c)
Discharges from new construction sites must
have a stable outlet capable of carrying designed flow at a nonerosive
velocity. Outlet design must consider flow capacity and flow duration.
This requirement applies to both the site outlet and the ultimate
outlet to stormwater conveyance or waterbody.
(2)
Plan compliance under Subsection D(1) shall be determined using the United States Natural Resources Conservation Service Technical Guide or another commonly accepted soil erosion methodology approved by the City Engineer that considers season of year, site characteristics, soil erodibility and slope.
(3)
Erosion control measures for plan approval need not
attempt to regulate soil transportation within the boundaries of the
applicant's site.
E.
Other construction site control measures. The control
standards set forth above are intended to apply on a typical development
site in the Jefferson area. When land disturbing or land development
activity is proposed for a site with extraordinary features, then
the City Council may, at its discretion, require additional and/or
more restrictive control standards and measures before any control
plan is approved or permit is issued. Extraordinary sites include,
but are not limited to, sites where land disturbing or development
activities are proposed to occur on slopes of more than 20% in designated
floodplain, wetland or conservancy areas or in environmental corridor
areas identified in the City Comprehensive Plan.
A.
Plan materials. Stormwater management plans shall satisfy all of the requirements in Subsection B and shall address, at a minimum, the following information:
(1)
A narrative describing the proposed project, including
implementation schedule for planned practices.
(2)
Identification of the entity responsible for long-term
maintenance of the project.
(3)
A map showing drainage areas for each watershed area.
(4)
A summary of runoff peak flow rate calculations, by
watershed area, including:
(5)
A complete site plan and specifications, signed by
the person who designed the plan. All plans shall be drawn on a scale
of at least one inch equaling 100 feet, but no larger than one inch
equaling 20 feet, shall be clearly labeled and shall include, at a
minimum, all of the following information:
(a)
Property lines and lot dimensions;
(b)
All buildings and outdoor uses, existing and
proposed, including all dimensions and setbacks;
(c)
All public and private roads, interior roads,
driveways and parking lots; show traffic patterns and type of paving
and surfacing material;
(d)
All natural and artificial water features, including
but not limited to lakes, ponds, streams (including intermittent streams)
and ditches; show ordinary high-water marks of all navigable waters,
one-hundred-year flood elevations and delineated wetland boundaries,
if any. If not available, appropriate flood zone determination or
wetland delineation, or both, may be required at the applicant's expense;
(e)
Depth to bedrock;
(f)
Depth to seasonal high-water table;
(g)
The extent and location of all soil types as
described by the Jefferson County Soil Survey, slopes exceeding 12%
and areas of natural woodland or prairie;
(h)
Existing and proposed elevations (referenced
to the North American Vertical Datum of 1988) and existing and proposed
contours at four-foot or lesser intervals;
(i)
Elevations, sections, profiles and details,
as needed, to describe all natural and artificial features of the
project;
(j)
Soil erosion control and overland runoff control
measures, including runoff calculations, as appropriate;
(k)
Detailed construction schedule;
(l)
Copies of permits or permit applications required
by any other governmental entities or agencies;
(m)
Any other information necessary to reasonably
determine the location, nature and condition of any physical or environmental
features;
(n)
Location of all stormwater management practices;
(o)
All existing and proposed drainage features;
(p)
The location and area of all existing and proposed
impervious surfaces; and
(q)
The limits and area of the disturbed area.
(6)
Engineered designs for all structural management practices.
(7)
A description of methods to control oil and grease
or written justification for not providing such control.
(8)
A maintenance plan and schedule for all permanent
stormwater management practices as recorded on the affidavit required
in § 232-10C(5).
B.
Stormwater management performance standards. Proposed
design, suggested location and phased implementation of effective,
practicable stormwater management measures for plans shall be designed,
engineered and implemented to achieve the following results:
(1)
Sediment control.
(a)
For new construction, design practices to retain
soil particles greater than five microns on the site (reduction of
80%) resulting from a one-year, twenty-four-hour storm event (2.5
inches over duration of 24 hours), according to approved procedures,
and assuming no sediment resuspension.
(b)
For redevelopment resulting in exposed surface
parking lots and associated traffic areas, design practice to retain
soil particles greater than 20 microns on the entire site (reduction
of 40%) resulting from a one-year twenty-four-hour storm event, according
to approved procedures, and assuming no sediment resuspension. Under
no circumstances shall the site's existing sediment control level
or trapping efficiency be reduced as a result of the redevelopment.
(2)
Oil and grease control. For all stormwater plans for
commercial or industrial developments and all other uses where the
potential for pollution by oil or grease, or both, exists, the first
0.5 inch of runoff will be treated using the best oil and grease removal
technology available. This requirement may be waived by the City Engineer
only when the applicant can demonstrate that installation of such
practices is not necessary.
(3)
Runoff rate control, hydrologic calculations. All
runoff calculations shall be according to the methodology described
in the Natural Resources Conservation Service's Technical Release
55, Urban Hydrology For Small Watersheds (commonly known as "TR-55"),
or other methodology approved by the Jefferson County Conservationist.
For agricultural land subject to this section, the maximum runoff
curve number (RCN) used in such calculations shall be 51 for HSG A,
68 for HSG B. 79 for HSG C and 84 for HSG D. The TR-55 specified curve
numbers for other land uses shall be used. Heavily disturbed sites
shall be lowered one permeability class for hydrologic calculations.
Lightly disturbed areas require no modification. Where practices have
been implemented to restore soil structure to predeveloped conditions,
no permeability class modification is required.
(4)
Runoff rate control, design standards. All stormwater
facilities shall be designed, installed and maintained to effectively
accomplish the following:
(a)
Maintain predevelopment peak runoff rates for
the two-year, twenty-four-hour storm event (2.9 inches over 24 hours'
duration).
(b)
Maintain predevelopment peak runoff rates for
the ten-year, twenty-four-hour storm event (4.2 inches over 24 hours'
duration).
(c)
Maintain predevelopment peak runoff rates for
the one-hundred-year, twenty-four-hour storm event (six inches over
24 hours' duration).
(5)
Outlets. Discharges from new construction sites must have a stable outlet capable of carrying the designed flow as required in Subsection B(4) at a nonerosive velocity. Outlet design must consider flow capacity and flow duration. This requirement applies to both the site outlet and the ultimate outlet to stormwater conveyance or waterbody.
(6)
Infiltration.
(a)
Design practices to infiltrate sufficient runoff
volume so that postdevelopment infiltration volume shall be at least
90% of the predevelopment infiltration volume, based upon average
annual rainfall. If, when designing appropriate infiltration systems
more than 1% of the site is required to be used as effective infiltration
area for residential development or more than 2% of the site is required
to be used as effective area for nonresidential development, the applicant
may alternately design infiltration systems and pervious surfaces
to meet or exceed an annual recharge rate of 7.6. inches per year.
If this alternative design approach is taken, at least 1% of the site
must be used for infiltration in residential developments and at least
2% of the site must be used for infiltration in nonresidential developments.
For redevelopment projects, the infiltration requirements shall be
applied only to the area that was not impervious when the project
began.
(b)
Pretreatment. Before infiltrating runoff, pretreatment
shall be required. The pretreatment shall be designed to protect the
infiltration system from clogging prior to scheduled maintenance and
to protect groundwater quality. Where appropriate, pretreatment for
other runoff constituents that represent a threat of groundwater contamination
may be required.
(c)
Prohibitions. Notwithstanding Subsection B(6) (a) and (b), infiltration systems may not be installed in any of the following areas:
[1]
Areas associated with Tier 1 industrial facilities
identified in § NR 216.21(2)(a), Wis. Adm. Code, including
storage, loading, rooftop and parking.
[2]
Storage and loading areas of Tier 2 industrial
facilities identified in § NR 216.21(2)(b), Wis. Adm. Code.
[3]
Fueling and vehicle maintenance areas.
[4]
Areas within 1,000 feet up gradient or within
100 feet down gradient of karst features.
[5]
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 that this provision
does not prohibit infiltration of roof runoff.
[6]
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]
Areas within 400 feet of a community water system
well as specified in § NR 811.16(4), Wis. Adm. Code, for
runoff infiltrated from commercial, industrial and institutional land
uses or regional devices for residential development.
[8]
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]
Any area where the soil does not exhibit one
of the following 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 10% fines or greater. This provision
does not apply where the soil medium within the infiltration system
provides an equivalent level of protection and does not prohibit infiltration
of roof runoff.
(d)
Alternate use for runoff. 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 section.
C.
Minimizing groundwater pollution. According to Ch.
NR 151, Wis Adm. Code, infiltration systems designed in accordance
with this section shall, to the extent technically and economically
feasible, minimize the level of pollutants infiltrating to groundwater
and shall maintain compliance with the preventative 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 the prevention action limit is not achievable, the infiltration
system may not be installed or shall be modified to prevent infiltration
to the maximum extent practicable in the absolute discretion of the
City. Stormwater management goals: The following standards shall be
met whenever possible, and proposed design, suggested location and
implementation of practice to meet these goals shall be included in
plans:
(1)
For existing development, design practices to retain
soil particles greater than 40 microns on the site (reduction of 20%),
resulting from a one-year twenty-four-hour storm event, according
to approved procedures, and assuming no sediment resuspension.
(2)
For street reconstruction, design practices to retain
soil particles greater than 20 microns on the site (reduction of 40%)
resulting from a one-year twenty-four-hour storm event, according
to approved procedures and assuming no sediment resuspension.
A.
Covenant and restrictions required. Following the
final inspection and submission of as-built plans for all stormwater
and erosion control measures specified in a plan, the owner shall
record encumbrances upon the entire site covered by the plan which
shall be binding on the owner and the owner's successors and assigns.
The following documents shall be filed with the Jefferson County Register
of Deeds:
B.
Covenant and restrictions provisions. The covenants
and restrictions shall contain the following:
(1)
The landowner shall maintain stormwater management
measures in accordance with the stormwater maintenance provisions
contained in the approved stormwater management plan.
(2)
The City is authorized to access the property to conduct
inspections of stormwater measures as necessary to ascertain whether
the measures are being maintained and operating in accordance with
the approved stormwater management plan.
(3)
The City may specifically indicate any corrective
actions required to bring the stormwater control measures into proper
working condition and a reasonable time frame during which the corrective
action must be taken.
(4)
The City shall be authorized to perform the corrective
actions identified in the inspection report if the landowner does
not make the required corrections in the specified time period and
shall authorize the collection of the costs as a special charge against
the property pursuant to § 66.0627, Wis. Stats.
C.
Modification or termination. The covenants and restrictions may be modified only with the City's written consent. The covenants and restrictions shall be terminated when responsibility for maintenance of the stormwater management practice is legally transferred to the City or agency acceptable to the City through a written, binding agreement. The termination date of the covenants and restrictions required under Subsection A of this section shall be the date upon which the legal transfer of maintenance to the City or other City-approved agency is made effective.
A.
Off-site stormwater management is allowed, provided
that all of the following conditions for the off-site facility are
met:
B.
All applicants are responsible to pay the cost to
build off-site stormwater control measures which is proportionate
to the contribution of stormwater runoff draining from the site to
the off-site control measures.
All best management practices designed to meet
the requirements of this article shall comply with the technical standards
set forth in the following manuals and publications:
A.
Natural Resource Conservation Service's Field Office
Technical Guide, Chapter 4, or its successor;
B.
Applicable construction, erosion control and stormwater
management standards by the Wisconsin Department of Natural Resources;
and
C.
Any other technical methodology approved by both the
City and the Jefferson County Conservationist, including the Jefferson
County Erosion Control and Stormwater Manual.
No person shall deposit unbagged piles of leaves
within three feet of a street, gutter or other conveyance of water
to a storm sewer. During the fall of each year, the City will publish
a notice in the official newspaper identifying the time period during
which leaves will be allowed to be raked onto the street. For purposes
of this section, "wetland" shall be defined as provided in § 23.32(1),
Wis. Stats., and "navigable waters" shall be defined as provided in
§ 30.10, Wis. Stats.
A.
Application fee.
(1)
General. The application fee for an erosion control and stormwater management permit shall be as set by the City Council. Where plat or certified survey map review fees are paid pursuant to Chapter 294, Subdivision of Land, of this Code for the same project covered by the proposed erosion control and stormwater management permit, then the application fee will be waived.
(2)
Checklist control plan. The application fee for an
erosion control and stormwater management permit requiring submission
of a checklist control plan shall be as set by the City Council. Where
a building permit fee is paid in connection with the same activity,
then no additional fee need be paid in order to obtain the necessary
erosion control and stormwater management permit.
B.
Engineering and inspection fees. In addition to the
application fee, before any permit will be issued, the applicant must
pay the actual engineering fees or expenses incurred by the City in
connection with review of the control plan(s) and the engineering
fees or expenses estimated to be incurred for on-site inspection during
the project. Where the application fee is waived, the applicant must
still pay the engineering and inspection fees and expenses; however,
such fees and expenses may not duplicate any engineering or inspection
fees paid in connection with plat or certified survey map approval.
A.
Violations. No land development of land disturbing
activities within the scope of this article may occur without full
compliance with the provisions of this article. Any person who violates
or fails to comply with any provision of this article is subject to
the enforcement and penalty provisions of this section.
B.
Enforcement. This article shall be enforced consistent
with the policies and purposes underlying its adoption. The following
enforcement actions, or any combination thereof, may be taken in case
of a violation of this article:
(1)
Voluntary compliance.
(2)
Stop-work order. A stop-work order may be issued by
the City enforcement agent if any land disturbing or land developing
activity regulated under this article is being undertaken without
a permit, the control plan is not being implemented in a good-faith
manner or the conditions of the permit are not being met. Stop-work
orders may be retracted when compliance with the chapter is obtained.
The City enforcement agent has the authority to retract a stop-work
order upon satisfactory compliance.
(3)
Revocation of permit. Where a stop-work order has
been issued in order to obtain compliance with a control plan, the
City enforcement agent may revoke the permit if the permittee does
not cease the illegal activity or obtain compliance with the control
plan or permit conditions within 24 hours from issuance of the stop-work
order.
(4)
City to perform work.
(a)
Twenty-four hours after posting a stop-work
order, the City may issue a notice of intent to the permittee or landowner
or land user of the City's intent to perform work necessary to comply
with this article.
(b)
When a violation of this article or of the conditions
of a permit causes sediment to deposit on any City street or public
property, the City enforcement agent and/or other designated City
officials or agents may proceed to remove and/or clean such sediment.
(c)
The costs of the work performed by the City pursuant to Subsection B(4)(a) or (b) above, plus interest, shall be billed to the permittee or the landowner on whose property the work under Subsection B(4)(a) was performed or from whose activity or property the sediment originated for work under Subsection B(4)(b) or may be recovered out of any security posted for such purpose. In the event that a permittee or landowner otherwise fails to pay the amount due, the Administrator/Clerk-Treasurer shall enter the amount due on the tax rolls and collect it as a special assessment against the property pursuant to § 66.0703, Wis. Stats.
(5)
Injunction and other judicial remedies. Compliance
with the provisions of this article may also be obtained by the City
Council authorizing the City Attorney to commence appropriate action
to enjoin violations, compel compliance or pursue other appropriate
judicial relief.
(6)
Private remedies preserved. These enforcement provisions
are not intended in any way to restrict or limit the rights of private
parties to pursue whatever private legal remedies they may have available
as a result of any erosion, sediment or water runoff.
(7)
Penalties. Any person violating any provision of this article shall be subject to a forfeiture of not less than $100 nor more than $2,000 plus the actual cost of prosecution for each offense. Each day a violation exists shall constitute a separate offense. Citations for any violation of any provision of this article may additionally be issued by the City enforcement agent, and such citations shall be in conformance with the provisions of Chapter 1, Article II, of this Code. Without limitation by enumeration, a violation of this article is occurring if any of the following conditions exist:
C.
If the permittee has filed an appeal under § 232-20 prior to the expiration of the time for compliance under this section, the City may take action, perform work or correct conditions only to the extent necessary to protect against or correct an imminent hazard or a condition that will cause or threatens to cause personal injury or damage to off-site property.
A.
Appeal or variance requests.
(1)
By applicant or permittee. Any aggrieved applicant,
permittee or land user may appeal any order, decision, determination
or inaction of the City in administering or enforcing this article
or may apply for a variance from the requirements of this article.
A fee as set by the City Council must accompany any appeal or variance
request involving a land disturbing activity subject only to an erosion
control checklist plan. A fee as set by the City Council must accompany
any appeal or variance request involving any other erosion control
and stormwater management permit. Appeal or variance requests must
be submitted in writing, state the grounds for the appeal or variance
request and be filed with the City Administrator/Clerk-Treasurer.
(2)
By citizens. An appeal of any order, decision, determination
or inaction of the City in administering or enforcing this article
may be commenced upon the filing of a petition signed by 12 adult
residents of the City and payment of a fee as set by the City Council.
The appeal must be filed with the City Administrator/Clerk-Treasurer
and must state written grounds for the appeal. A copy of any citizen
appeal shall be delivered or mailed to the applicant or permittee
by the City Administrator/Clerk-Treasurer within five working days
of its filing, if any, with the City. The filing of a citizen appeal,
by itself, does not prohibit the commencement or continuation of any
work or activity.
(3)
Appeal deadline. Appeals by applicants, permittees
or citizens must be filed within 45 days of the order, decision, determination
or inaction being appealed.
(4)
Multiple appeals prohibited. Once an appeal has been
filed on a matter, no other appeal on the same order, decision, determination
or inaction will be allowed. The Zoning Board shall consolidate appeals
wherever possible to avoid a multiplicity of appeal proceedings and
to hasten the final resolution of a matter. The Zoning Board may allow
additional parties to join a pending appeal where appropriate and
where such addition will not delay the proceedings.
B.
Authority of Zoning Board of Appeals.
(1)
The City Zoning Board of Appeals shall hear and decide
all variance requests and appeals in accordance with the provisions
of § 62.23(7)(e), Wis. Stats., and this Code. Where provisions
may conflict, the more stringent shall apply.
(2)
The Zoning Board of Appeals shall only grant such
variances from the terms of this article as will not be contrary to
the public health, safety or welfare where, owing to special conditions,
a literal enforcement of the provisions of this article will impose
an unnecessary hardship. Such variances may be granted only to the
minimum extent necessary to afford relief from the unnecessary hardship.
Before a variance may be granted, the City Engineer must find that
the erosion control and/or stormwater management plan(s), to the extent
possible and consistent with the need for a variance, will achieve
compliance results comparable to those set forth in this article.
In making such a finding, the City Engineer shall consider water quality
and impacts to downstream conditions.
(3)
Appeals or variance requests shall be heard and decided
within 30 days of receipt of the written request and payment of the
appeal fee, unless an extension is agreed upon by the appellant and
Zoning Board.
C.
Chapter procedures prevail. Pursuant to 68.16, Wis.
Stats., the City Council elects that the procedures for administrative
review of decisions set forth in this article shall apply in lieu
of the procedures of the Wisconsin Municipal Administrative Procedure
Act.[1]
[1]
Editor's Note: See § 68.001 et seq.,
Wis. Stats.
The applicant shall provide, prior to issuance
of the permit, an irrevocable letter of credit, certificate of deposit
or certified check to the City in an amount equal to 125% of the estimated
cost of all required control measures as determined by the City Engineer
to guarantee that all required control measures will be taken or installed
according to the approved plan(s).
A.
Right to draw upon. The City shall have the right
to draw upon the security for purposes of completing construction
of the improvements or payment of its costs.
B.
Security for other purposes. If the construction of erosion control and stormwater management measures required by this article is required by a development agreement in connection with a plat or certified survey map, then security for performance of the control requirements may be included as part of the overall security required for installation of improvements under Ch. 294. Subdivision of Land, of this Code.
C.
Full release. The security shall remain in full force
until released. The financial security shall be released in full only
upon submission of as-built plans and written certification by a registered
professional engineer in the state that the stormwater practice has
been installed in accordance with the approved plan.
D.
Pro rata release. The City may make provisions for
a partial pro rata release of the financial security based on the
completion of various development stages. Any reduced amount shall
be adequate to cover all remaining costs plus 25%.
[Added 2-17-2009 by Ord. No. 2-09; amended 11-3-2009 by Ord. No.
15-09]
A.
As stated in § 230-13F of the Municipal Code: No person shall make connection of roof downspout, sump pump, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which is connected directly or indirectly to a sanitary sewer.
B.
Furthermore, no person shall discharge any clear water directly into
a public street or alley from November 1 to March 31, inclusive. All
discharges in this time period shall be directed in a manner to prevent
the flowing of discharged water from crossing into side yards or prevented
from crossing sidewalks or streets where icing conditions can occur.
No person shall discharge any clear water directly into a public street
or alley from April 1 to October 31, inclusive, without first obtaining
a permit from the Director of Public Works.
C.
No person shall permit the drainage of water directly onto any sidewalk
or other public area.
D.
Where a storm sewer is not available, the discharge of clear water
shall be either:
(1)
Into an underground conduit leading to a drainage ditch, or, if no
drainage ditch exists for surface water drainage, the water shall
be discharged to the ground at a distance of not less than 10 feet
from inside the lot line in such a manner that the water shall cross
the owner's property toward the street.
(2)
Sump pump discharge shall not be directed so as to flow on adjacent
property nor shall the discharge be allowed to accumulate and create
ponds of standing water or other potential public nuisance. Nothing
contained in this subsection shall act to relieve a person from complying
with the other provisions of this Code.
E.
All existing sump pump connections, roof downspout or groundwater drains, etc., connected directly or indirectly to a sanitary sewer shall be disconnected within 10 days of the date of an official written notice from the Director of Public Works. Any person who shall thereafter continue to violate the provisions of this section shall be subject to the penalties described in § 232-30B(7) of this Code.
F.
Any person or property owner may apply for discharge permit from
the Public Works Director to discharge during the prohibited period
(November 1 to March 31). In addition to the requirements for the
issuance of a discharge permit, it may be granted only to the minimum
extent necessary to afford relief from an unnecessary hardship.
(1)
The permit holder shall be responsible for and have the duty to remove
ice and snow from the discharge area and to ensure the area is maintained
in a safe condition.
(2)
A permit under this section will be valid until the Director of Public
works in her/his discretion determines that a reasonable alternative
for discharge is available.
