City of Lake Geneva, WI USE OF PUBLIC SEWERS

This section is adopted by the Common Council under the authority granted by § 62.234, Wis. Stats.

This section supersedes all provisions of an ordinance previously enacted under § 62.23, Wis. Stats., that relate to stormwater management regulations. Except as otherwise specified in § 62.234, Wis. Stats., § 62.23, Wis. Stats., applies to this section and to any amendments to this section.

The provisions of this section are deemed not to limit any other lawful regulatory powers of the same governing body.

The Common Council hereby designates the Building Inspector, Zoning Administrator, and/or City Engineer to administer and enforce the provisions of this section.

The requirements of this section do not pre-empt more stringent stormwater management requirements that may be imposed by any of the following:

Wisconsin Department of Natural Resources administrative rules, permits or approvals, including those authorized under §§ 281.16 and 283.33, Wis. Stats; and

Targeted nonagricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Adm. Code.

(b)

Findings of fact. The Common Council acknowledges 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:

Degrade physical stream habitat by increasing stream bank erosion, increasing streambed scour, diminishing groundwater recharge, diminishing stream base flows and increasing stream temperature;

Diminish the capacity of Geneva Lake 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;

Alter wetland communities by changing wetland hydrology and by increasing pollutant loads;

Reduce the quality of groundwater by increasing pollutant loading;

Threaten public health, safety, property and general welfare by overtaxing storm sewers, drainageways, and other minor drainage facilities;

Threaten public health, safety, property, and general welfare by increasing major flood peaks and volumes;

(7)

Undermine floodplain management efforts by increasing the incidence and levels of flooding; and

(8)

Diminish the public enjoyment of natural resources.

(c)

Purpose and intent.

Purpose. The general purpose of this section 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:

Further the maintenance of safe and healthful conditions;

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;

Control exceedance of the safe capacity of existing drainage facilities and receiving water bodies; prevent undue channel erosion; and control increases in the scouring and transportation of particulate matter; and

Minimize the amount of pollutants discharged from the separate storm sewer to protect the waters of the state.

Intent. It is the intent of the Common Council that this section regulate post-construction stormwater discharges to waters of the state. This section may be applied on a site-by-site basis. The Common Council recognizes, however, that the preferred method of achieving the stormwater performance standards set forth in this section 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 Common Council, it is the intent of this section that the approved stormwater management plan be used to identify post-construction management measures acceptable for the community.

(d)

Applicability.

Except as provided under Subsection (d)(2), this section applies to:

A post-construction site whereupon one acre or more of land-disturbing construction activity occurs during construction.

Those involving the implementation of a residential development with a gross aggregate impervious area of 1.5 acres or greater.

Those involving the development plan other than residential development with a gross aggregate area of 1.5 acres or more; or any nonresidential land development which creates an impervious area of 0.5 acre or more.

A site that meets any of the criteria in this subsection is exempt from the requirements of this section:

A post-construction site with connected imperviousness of less than 10%, based on the area of land disturbance, provided that the cumulative area of all impervious surfaces is less than one acre. However, the exemption of this subsection does not include exemption from the protective area standard of this section;

Agricultural facilities and practices; and

Underground utility construction, but not including the construction of any above ground structures associated with utility construction.

Notwithstanding the applicability requirements in Subsection (d)(1), this section applies to post-construction sites of any size that, as determined by the Building Inspector, Zoning Administrator, and/or City Engineer are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, causes undue channel erosion, or increases water pollution by scouring or the transportation of particulate matter.

(e)

Jurisdiction.

This chapter applies to land-developing and land-disturbing activities on lands situated within the corporate limits of the City of Lake Geneva. This chapter also applies to all lands located within the extraterritorial plat approval jurisdiction of the City of Lake Geneva, even if plat approval is not involved.

ADEQUATE SOD, OR SELF-SUSTAINING VEGETATIVE COVER

Exclusions. This section is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats.

(f)

Definitions. As used in this section, the following terms shall have the meanings indicated:

Maintenance of sufficient vegetation types and densities such that the physical integrity of the streambank or lakeshore is preserved. Self-sustaining vegetative cover includes grasses, forbs, sedges and duff layers of fallen leaves and woody debris.

ADMINISTERING AUTHORITY

A governmental employee, or a regional planning commission empowered under § 62.234, Wis. Stats., that is designated by the Common Council to administer this section.

AGRICULTURAL FACILITIES AND PRACTICES

Has the meaning given in § 281.16(1), Wis. Stats.

AGRICULTURAL LAND USE

The use of land for planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or yarding of livestock.

APPLICANT

The landowner or one of the landowners and/or land users of a site subject to this section.

ATLAS 14

The National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Precipitation-Frequency Atlas of the United States, Volume 8 (Midwestern States), published in 2013.

AVERAGE ANNUAL RAINFALL

A typical calendar year of precipitation as determined by the Wisconsin Department of Natural Resources for users of models such as WinSLAMM, P8 or equivalent methodology. The average annual rainfall is chosen from a department publication for the location closest to the municipality.

BEST MANAGEMENT PRACTICE or BMP

Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize sediment or pollutants carried in runoff to waters of the state.

BUSINESS DAY

A day the office of the City of Lake Geneva is routinely and customarily open for business.

CEASE AND DESIST ORDER

A court-issued order to halt land-disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the City of Lake Geneva.

CHANNEL

A natural or artificial constructed watercourse with a definite bed and banks to confine and conduct the normal flow of water.

CLEAN FILL

Uncontaminated rock, stone, sand, soil, brick, building stone, concrete, reinforced concrete, broken pavement, and unpainted or untreated wood.

COMBINED SEWER SYSTEM

A system for conveying both sanitary sewage and stormwater runoff.

CONNECTED IMPERVIOUSNESS

An impervious surface connected to the waters of the state via a separate storm sewer, an impervious flow path, or a minimally pervious flow path.

CONTROL MEASURE

A practice or combination of practices to control erosion, stormwater and attendant pollution.

DEPARTMENT

The Wisconsin Department of Natural Resources.

DESIGN STORM

A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall.

DETENTION BASIN

A type of stormwater basin which has a direct outlet and serves to reduce water velocities and peak flows by discharging at designed flow rates (to temporarily detain water flows). A detention basin is considered wet if it is greater than three feet deep from the permanent water level to the bottom of the basin.

DEVELOPMENT

Residential, commercial, industrial or institutional land uses and associated roads.

DIRECT CONDUITS TO GROUNDWATER

Wells, sinkholes, swallets, fractured bedrock at the surface, mine shafts, nonmetallic mines, tile inlets discharging to groundwater, quarries, or depressional groundwater recharge areas over shallow fractured bedrock.

DISTURBED AREA

A site which, due to land-developing or -disturbing activities, has or will experience disturbance or destruction of the existing land surface and/or vegetative cover.

EFFECTIVE INFILTRATION AREA

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.

EROSION

The process by which the land's surface is worn away by the action of wind, water, ice or gravity.

EXCEPTIONAL RESOURCE WATERS

Waters listed in § NR 102.11, Wis. Adm. Code.

EXTRATERRITORIAL

The unincorporated area within three miles of the corporate limits of a first, second, or third class city, or within 1 1/2 miles of a fourth class city or village.

FILTERING LAYER

Soil that has at least a three-foot deep layer with at least 20% fines; or at least a five-foot deep layer with at least 10% fines; or an engineered soil with an equivalent level of protection as determined by the regulatory authority for the site.

FINAL STABILIZATION

That all land-disturbing construction activities at the construction site have been completed and that a uniform perennial vegetative cover has been established with a density of at least 70% of the cover for the unpaved areas and areas not covered by permanent structures or that employ equivalent permanent stabilization measures.

FINANCIAL GUARANTY

A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guaranties submitted to the City of Lake Geneva by the responsible party to assure that requirements of the ordinance are carried out in compliance with the stormwater management plan.

GOVERNING BODY

City Council.

IMPERVIOUS SURFACE

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, gravel or paved parking lots and streets are examples of areas that typically are impervious.

IN-FILL

An undeveloped area of land located within an existing urban sewer service area, surrounded by development or development and natural or man-made features where development cannot occur.

INFILTRATION

The entry of precipitation or runoff into or through the soil.

INFILTRATION SYSTEM

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 road side channels designed for conveyance and pollutant removal only.

LAND USER

Any person operating upon, leasing, or renting land, or having made any other arrangements with the landowner by which the land user engages in uses of land which are sites subject to this section.

LAND-DEVELOPING ACTIVITY

The construction or erection of buildings, roads, parking lots, paved storage areas and other structures.

LAND-DISTURBING CONSTRUCTION ACTIVITY

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.

LANDOWNER

Any person holding fee title, an easement or other interest in property, which allows the person to undertake cropping, livestock management, and/or land-disturbing construction activity or maintenance of stormwater BMPs on the property.

MAINTENANCE AGREEMENT

A legal document that provides for long-term maintenance of stormwater management practices.

MAXIMUM EXTENT PRACTICABLE

The highest level of performance that is achievable but is not equivalent to a performance standard identified in this section as determined in accordance with Subsection (g) of this section.

NEW DEVELOPMENT

Development resulting from the conversion of previously undeveloped land or agricultural land uses.

NRCS MSE3 OR MSE4 DISTRIBUTION

A specific precipitation distribution developed by the United States Department of Agriculture, Natural Resources Conservation Service, using precipitation data from Atlas 14.

OFF-SITE

Located outside the property boundary described in the permit application.

ON-SITE

Located within the property boundary described in the permit application.

ORDINARY HIGH-WATER MARK

Has the meaning given in § NR 115.03(6), Wis. Adm. Code.

OUTSTANDING RESOURCE WATERS

Waters listed in § NR 102.10, Wis. Adm. Code.

PERCENT FINES

The percentage of a given sample of soil which passes through a No. 200 sieve.

PERFORMANCE SECURITY

A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guaranties submitted to the City by the permit holder to assure that requirements of the section are carried out in compliance with the stormwater management plan.

PERFORMANCE STANDARD

A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.

PERMIT

A written authorization made by the City of Lake Geneva to the applicant to conduct land-disturbing construction activity or to discharge post-construction runoff to waters of the state.

PERMIT ADMINISTRATION FEE

A sum of money paid to the City of Lake Geneva by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.

PERVIOUS SURFACE

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.

POLLUTANT

Has the meaning given in § 283.01(13), Wis. Stats.

POLLUTION

Has the meaning given in § 281.01(10), Wis. Stats.

POST-CONSTRUCTION SITE

A construction site following the completion of land-disturbing construction activity and final site stabilization.

PREDEVELOPMENT CONDITION

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.

PREVENTIVE ACTION LIMIT

Has the meaning given in § NR 140.05(17), Wis. Adm. Code.

PROTECTIVE AREA

An area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface.

REDEVELOPMENT

Areas where development is replacing older development.

RESPONSIBLE PARTY

The landowner or any other entity performing services to meet the requirements of this section through a contract or other agreement.

RETENTION BASIN

A type of stormwater basin which has no direct outlet and empties by infiltration to the natural soil surface and by evaporation (to retain all water).

RUNOFF

Stormwater or precipitation, including rain, snow or ice melt or similar water, that moves on the land surface via sheet or channelized flow.

SEDIMENTATION BASIN

An artificially created holding pond or other catchment for the purpose of capturing and retaining any sediment flowing off of sites as a result of land-developing or land-disturbing activities.

SEPARATE STORM SEWER

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:

Is designed or used for collecting water or conveying runoff;

Is not part of a combined sewer system;

Is not part of a publicly owned wastewater treatment works that provides secondary or more stringent treatment; and

STORMWATER MANAGEMENT PLAN

Discharges directly or indirectly to waters of the state.

SHEET FLOW RUNOFF

Water, usually storm runoff, flowing in a thin layer of the ground surface; also called overland flow. (By convention this distance does not exceed 300 feet.)

SILVICULTURE ACTIVITY

Activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.

SITE

The entire area included in the legal description of the land on which the land-disturbing or land-development construction activity is proposed to take place or has occurred.

STOP-WORK ORDER

An order issued by the City of Lake Geneva which requires that all construction activity on the site be stopped.

STORMWATER

Precipitation runoff, snow melt runoff, surface runoff and drainage.

STORMWATER BASIN

An artificially created holding pond or other catchment for the purposes of retaining or detaining stormwater.

A comprehensive plan designed to reduce the discharge of pollutants from stormwater, after the site has undergone final stabilization, following completion of the construction activity which shall include, but is not limited to, a plat of survey setting forth a written description of the number, location, sizes, and other pertinent data as to control measures designed to meet the requirements of this section submitted by the applicant for review and approval by the City.

STORMWATER MANAGEMENT SYSTEM PLAN

A comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.

TECHNICAL STANDARD

A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.

TIME OF CONCENTRATION

The time for surface runoff to travel from the farthest point in the watershed to the outlet point of the watershed.

TOP OF THE CHANNEL

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.

TOTAL MAXIMUM DAILY LOAD or TMDL

The amount of pollutants specified as a function of one or more water quality parameters that can be discharged per day into a water quality limited segment and still ensure attainment of the applicable water quality standard.

TP-40

Technical Paper No. 40, Rainfall Frequency Atlas of the United States, published in 1961.

TR-55

The United States Department of Agriculture, Natural Resources Conservation Service (previously Soil Conservation Service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986, which is incorporated by reference for this chapter.

TRANSPORTATION FACILITY

A highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes such as harbor improvements under § 85.095(1)(b), Wis. Stats. Transportation facility does not include building sites for the construction of public buildings and buildings that are places of employment that are regulated by the Department pursuant to § 281.33, Wis. Stats.

TSS

Total suspended solids.

TYPE II DISTRIBUTION

A rainfall type curve as established in the United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published in 1973.

WATERS OF THE STATE

Includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.

(g)

Applicability of maximum extent practicable. Maximum extent practicable applies when a person who is subject to a performance standard of this section demonstrates to the City of Lake Geneva's satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the responsible party shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests, such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties.

(h)

Design standards.

The following methods shall be used in designing the water quality, peak discharge, and infiltration components of stormwater practices needed to meet the water quality standards of this section:

Consistent with the technical standards identified, developed or disseminated by the Wisconsin Department of Natural Resources under Subchapter V of Chapter NR 151, Wis. Adm. Code; and

Where technical standards have not been identified or developed by the Wisconsin Department of Natural Resources, other technical standards may be used, provided that the methods have been approved by the City of Lake Geneva.

Stormwater management plan. A written stormwater management plan in accordance with Subsection (j) shall be developed and implemented for each post-construction site.

Maintenance of effort. For redevelopment sites where the redevelopment will be replacing older development that was subject to post-construction performance standards of Ch. NR 151 in effect on or after October 1, 2004, the responsible party shall meet the total suspended solids reduction, peak flow control, infiltration, and protective areas standards applicable to the older development or meet the redevelopment standards of this section, whichever is more stringent.

Requirements. The stormwater management plan required under Subsection (h)(2) shall include the following:

Total suspended solids. BMPs shall be designed, installed and maintained to control total suspended solids carried in runoff from the post-construction site as follows:

BMPs shall be designed in accordance with Table 1 or to the maximum extent practicable as provided in Subsection (h)(4)a2. The design shall be based on an average annual rainfall, as compared to no runoff management controls.

Maximum extent practicable. If the design cannot meet a total suspended solids reduction performance standard of Table 1, the stormwater management plan shall include a written, site-specific explanation of why the total suspended solids reduction performance standard cannot be met and why the total suspended solids load will be reduced only to the maximum extent practicable.

Table 1
TSS Reduction Standards
Development Type	Total Suspended Solids Reduction
New development	80%
In-fill development	80%
Redevelopment and roads	40% of load from parking areas

Off-site drainage. When designing BMPs, runoff draining to the BMP from off-site shall be taken into account in determining the treatment efficiency of the practice. Any impact on the efficiency shall be compensated for by increasing the size of the BMP accordingly.

Peak discharge. BMPs shall be designed, installed and maintained to control peak discharge from the post-construction site as follows:

By design, BMPs shall be employed to maintain or reduce the one-year, twenty-four-hour, the two-year, twenty-four-hour, the ten-year, twenty-four-hour, and the one-hundred-year, twenty-four-hour post-construction peak runoff discharge rates to the one-year, twenty-four-hour, the two-year, twenty-four-hour, the ten-year, twenty-four-hour, and the one-hundred-year, twenty-four-hour predevelopment peak runoff discharge rates respectively, or to the maximum extent practicable.

The runoff curve numbers in Table 2 shall be used to represent the actual predevelopment conditions. Peak discharges shall be calculated using TR-55 runoff curve number methodology, Atlas 14 precipitation depths, and the appropriate NRCS Wisconsin MSE3 or MSE4 precipitation distribution. On a case-by-case basis, the City of Lake Geneva may allow the use of TP-40 precipitation depths and a Type II distribution.

Table 2
Maximum Predevelopment Runoff Curve Numbers
	Hydrologic Soil Group
Predevelopment Land Use	A	B	C	D
Woodland	30	55	70	77
Grassland	39	61	71	78
Cropland	55	69	78	83

Contribution runoff entering the project from off site may be excluded from detention calculations if the water is routed around disturbed areas by use of stable watercourse(s).

All open channel stormwater conveyance systems shall provide safe conveyance for peak flow from a twenty-five-year frequency, twenty-four-hour rainfall event within the defined channel banks.

Conveyance for the peak flow runoff from a one-hundred-year, twenty-four-hour event shall be provided such that no inundation of or damage to built structures shall occur.

Where feasible, all permanent storm sewer inlets must be stenciled by the permit holder as part of the water quality strategy for protection of surface waters and drainage to Geneva Lake.

Drainage systems may not result in transfer of drainage from one delineated natural drainage area to another if reasonable alternatives exist which would preserve natural drainage patterns. Drainage area delineations must be shown on the stormwater plan.

All stormwater basins shall be permanent, aesthetically pleasing, if practical, and safe. Subsurface bottoms of wet basins must provide a safety ledge consistent with required design criteria identified in Subsection (h)(1).

This subsection of the section does not apply to any of the following:

A post-construction site where the discharge is directly into a lake over 5,000 acres or a stream or river segment draining more than 500 square miles.

Except as provided under Subsection (h)(3), a redevelopment post-construction site.

An in-fill development area less than five acres.

Infiltration.

Best management practices. BMPs shall be designed, installed, and maintained to infiltrate runoff in accordance with the following or to the maximum extent practicable:

Low imperviousness. For development up to 40% connected imperviousness, such as parks, cemeteries, and low-density residential development, infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 90% of the predevelopment infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 1% of the post-construction site is required as an effective infiltration area.

Moderate imperviousness. For development with more than 40%, and up to 80% connected imperviousness, such as medium- and high-density residential, multifamily development, industrial and institutional development, and office parks, infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 75% of the predevelopment infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the post-construction site is required as an effective infiltration area.

High imperviousness. For development with more than 80% connected imperviousness, such as commercial strip malls, shopping centers, and commercial downtowns, infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 60% of the predevelopment infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the post-construction site is required as an effective infiltration area.

Predevelopment. The predevelopment condition shall be the same as specified in Table 2 of the peak discharge section of this section.[1]

[1]

Editor's Note: See Subsection (h)(4)b.

Source areas.

Prohibitions. Runoff from the following areas may not be infiltrated and may not qualify as contributing to meeting the requirements of this section unless demonstrated to meet the conditions identified in Subsection (h)(4)c6:

Areas associated with a Tier 1 industrial facility identified in § NR 216.21(2)(a), including storage, loading and parking. Rooftops may be infiltrated with the concurrence of the regulatory authority.

Storage and loading areas of a Tier 2 industrial facility identified in § NR 216.21(2)(b).

Fueling and vehicle maintenance areas. Runoff from rooftops of fueling and vehicle maintenance areas may be infiltrated with the concurrence of the regulatory authority.

Exemptions. Runoff from the following areas may be credited toward meeting the requirement when infiltrated, but the decision to infiltrate runoff from these source areas is optional:

Parking areas and access roads less than 5,000 square feet for commercial development.

Parking areas and access roads less than 5,000 square feet for industrial development not subject to the prohibitions under Subsection (h)(4)c3[a].

Except as provided under Subsection (h)(3), redevelopment post-construction sites.

[iv]

In-fill development areas less than five acres.

[v]

Roads on commercial, industrial and institutional land uses, and arterial residential roads.

Location of practices.

Prohibitions. Infiltration practices may not be located in the following areas:

Areas within 1,000 feet upgradient or within 100 feet downgradient of direct conduits to groundwater.

Areas within 400 feet of a community water system well as specified in § NR 811.16(4) or within the separation distances listed in § NR 812.08 for any private well or noncommunity well for runoff infiltrated from commercial, including multifamily residential, industrial and institutional land uses or regional devices for one- and two-family residential development.

Areas where contaminants of concern, as defined in § NR 720.03(2), are present in the soil through which infiltration will occur.

Separation distances.

Infiltration practices shall be located so that the characteristics of the soil and the separation distance between the bottom of the infiltration system and the elevation of seasonal high groundwater or the top of bedrock are in accordance with Table 3:

Table 3
Separation Distances and Soil Characteristics
Source Area	Separation Distance	Soil Characteristics
Industrial, commercial and institutional parking lots and roads	5 feet or more	Filtering layer
Residential arterial roads	5 feet or more	Filtering layer
Roofs draining to subsurface infiltration practices	1 foot or more	Native or engineered soil with particles finer than coarse sand
Roofs draining to surface infiltration practices	Not applicable	Not applicable
All other impervious source areas	3 feet or more	Filtering layer

Notwithstanding Subsection (h)(4)c4[b], applicable requirements for injection wells classified under Ch. NR 815 shall be followed.

Infiltration rate exemptions. Infiltration practices located in the following areas may be credited toward meeting the requirements under the following conditions, but the decision to infiltrate under these conditions is optional:

Where the infiltration rate of the soil measured at the proposed bottom of the infiltration system is less than 0.6 inch per hour using a scientifically credible field test method.

Where the least permeable soil horizon to five feet below the proposed bottom of the infiltration system using the United States Department of Agriculture method of soils analysis is one of the following: sandy clay loam, clay loam, silty clay loam, sandy clay, silty clay, or clay.

Alternate use. Where alternate uses of runoff are employed, such as for toilet flushing, laundry, or irrigation or storage on green roofs where an equivalent portion of the runoff is captured permanently by rooftop vegetation, such alternate use shall be given equal credit toward the infiltration volume required by this section.

Groundwater standards.

Infiltration systems designed in accordance with this section shall, to the extent technically and economically feasible, minimize the level of pollutants infiltrating to groundwater and shall maintain compliance with the preventive action limit at a point of standards application in accordance with Ch. NR 140. However, if site specific information indicates that compliance with a preventive action limit is not achievable, the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable.

Notwithstanding Subsection (h)(4)c6[a], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.

Pretreatment. Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection (h)(4)c6. Pretreatment options may include, but are not limited to, oil and grease separation, sedimentation, biofiltration, filtration, swales or filter strips.

Maximum extent practicable. Where the conditions of Subsection (h)(4)c3 and 4, limit or restrict the use of infiltration practices, the performance standard of Subsection (h)(4)c shall be met to the maximum extent practicable.

Protective areas.

Definition. In this section, "protective area" means an area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. However, in this section, "protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, so that runoff cannot enter the enclosure at this location.

For outstanding resource waters and exceptional resource waters: 75 feet.

For perennial and intermittent streams identified on a United States Geological Survey 7.5-minute series topographic map, or a county soil survey map, whichever is more current: 50 feet.

For lakes: 50 feet.

[d]

For wetlands not subject to Subsection (h)(4)d1[e] or [f]: 50 feet.

[e]

For highly susceptible wetlands: 75 feet. Highly susceptible wetlands include the following types: calcareous fens, sedge meadows, open and coniferous bogs, low prairies, coniferous swamps, lowland hardwood swamps, and ephemeral ponds.

[f]

For less susceptible wetlands: 10% of the average wetland width, but no less than 10 feet nor more than 30 feet. Less susceptible wetlands include: degraded wetland dominated by invasive species such as reed canary grass; cultivated hydric soils; and any gravel pits, or dredged material or fill material disposal sites that take on the attributes of a wetland.

[g]

In Subsection (h)(4)d1[d] to [f], determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in § NR 103.03.

[h]

Wetland boundary delineation shall be made in accordance with § NR 103.08(1m). This paragraph does not apply to wetlands that have been completely filled in compliance with all applicable state and federal regulations. The protective area for wetlands that have been partially filled in compliance with all applicable state and federal regulations shall be measured from the wetland boundary delineation after a fill has been placed. Where there is a legally authorized wetland fill, the protective area standard need not be met in that location.

For concentrated flow channels with drainage areas greater than 130 acres: 10 feet.

[j]

Notwithstanding Subsection (h)(4)d1[a] to [i], the greatest protective area width shall apply where rivers, streams, lakes and wetlands are contiguous.

Applicability. This section applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection (h)(4)d4.

Requirements. The following requirements shall be met:

Impervious surfaces shall be kept out of the protective area entirely or to the maximum extent practicable. If there is no practical alternative to locating an impervious surface in the protective area, the stormwater management plan shall contain a written, site-specific explanation.

Where land-disturbing construction activity occurs within a protective area, adequate sod or self-sustaining vegetative cover of 70% or greater shall be established and maintained where no impervious surface is present. The adequate sod or self-sustaining vegetative cover shall be sufficient to provide for bank stability, maintenance of fish habitat, and filtering of pollutants from upslope overland flow areas under sheet flow conditions. Nonvegetative materials, such as rock riprap, may be employed on the bank as necessary to prevent erosion such as on steep slopes or where high-velocity flows occur.

BMPs, such as filter strips, swales, or wet detention ponds, that are designed to control pollutants from non-point sources, may be located in the protective area.

Exemptions. This section does not apply to any of the following:

Except as provided under Subsection (h)(3), redevelopment post-construction sites.

In-fill development areas less than five acres.

Structures that cross or access surface water such as boat landings, bridges, and culverts.

[d]

Structures constructed in accordance with § 59.692(1v), Wis. Stats.

[e]

Areas of post-construction sites from which the runoff does not enter the surface water, including wetlands, without first being treated by a BMP to meet the local ordinance requirements for total suspended solids and peak flow reduction, except to the extent that vegetative ground cover is necessary to maintain bank stability.

Fueling and maintenance areas. Fueling and vehicle maintenance areas shall have BMPs designed, installed, and maintained to reduce petroleum within runoff, so that the runoff that enters waters of the state contains no visible petroleum sheen, or to the maximum extent practicable.

Swale treatment for transportation facilities.

Requirement. Except as provided in Subsection (h)(4)f2, transportation facilities that use swales for runoff conveyance and pollutant removal are exempt from the requirements of local ordinance requirements for peak flow control, total suspended solids control, and infiltration, if the swales are designed to do all of the following or to the maximum extent practicable:

Swales shall be vegetated. However, where appropriate, nonvegetative measures may be employed to prevent erosion or provide for runoff treatment, such as rock riprap stabilization or check dams.

Swales shall comply with Sections V.F. (Velocity and Depth) and V.G. (Swale Geometry Criteria) with a swale treatment length as long as that specified in Section V.C. (Pre-Treatment) of the Wisconsin Department of Natural Resources Technical Standard 1005 "Vegetated Infiltration Swales," dated May 2007, or a superseding document. Transportation facility swale treatment does not have to comply with other sections of Technical Standard 1005.

Other requirements.

Notwithstanding Subsection (h)(4)f1, the City of Lake Geneva may, consistent with water quality standards, require that other requirements, in addition to swale treatment, be met on a transportation facility with an average daily traffic rate greater than 2,500 and where the initial surface water of the state that the runoff directly enters is one of the following:

An outstanding resource water.

An exceptional resource water.

Waters listed in Section 303(d) of the Federal Clean Water Act that are identified as impaired in whole or in part, due to non-point source impacts.

[iv]

Water where targeted performance standards are developed pursuant to § NR 151.004, Wis. Adm. Code.

The transportation facility authority shall contact the City of Lake Geneva to determine if additional BMPs beyond a water quality swale are needed under this subsection.

General considerations for stormwater management measures. The following considerations shall be observed in on-site and off-site runoff management:

Natural topography and land cover features, such as natural swales, natural depressions, native soil infiltrating capacity, and natural groundwater recharge areas shall be preserved and used, to the extent possible, to meet the requirements of this section.

Emergency overland flow for all stormwater facilities shall be provided to prevent exceeding the safe capacity of downstream drainage facilities and prevent endangerment of downstream property or public safety.

BMP location.

To comply with the performance standards required under Subsection (h) of this section, BMPs may be located on-site or off-site as part of a regional stormwater device, practice or system, but shall be installed in accordance with § NR 151.003, Wis. Adm. Code.

The City of Lake Geneva may approve off-site management measures, provided that all of the following conditions are met:

The City of Lake Geneva determines that the post-construction runoff is covered by a stormwater management system plan that is approved by the City of Lake Geneva and that contains management requirements consistent with the purpose and intent of this section.

The off-site facility meets all of the following conditions:

The facility is in place.

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 section.

The facility has a legally obligated entity responsible for its long-term operation and maintenance.

Where a regional treatment option exists such that the City of Lake Geneva exempts the applicant from all or part of the minimum on-site stormwater management requirements, the applicant shall be required to pay a fee in an amount determined in negotiation with the City of Lake Geneva. In determining the fee for post-construction runoff, the City of Lake Geneva shall consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of the regional treatment option.

(7)

Additional requirements. The City of Lake Geneva may establish stormwater management requirements more stringent than those set forth in this section if the City of Lake Geneva determines that the requirements are needed to control stormwater quantity or control flooding, comply with federally approved total maximum daily load requirements, or control pollutants associated with existing development or redevelopment.

(i)

Permitting requirements, procedures and fees.

Permit required. No responsible party may undertake a land-disturbing construction activity without receiving a post-construction runoff permit from the City of Lake Geneva prior to commencing the proposed activity.

Permit application and fees. Unless specifically excluded by this section, any responsible party desiring a permit shall submit to the City of Lake Geneva a permit application on a form provided by the City of Lake Geneva for that purpose.

Unless otherwise excluded by this section, a permit application must be accompanied by a stormwater management plan, a maintenance agreement and a nonrefundable permit administration fee.

The stormwater management plan shall be prepared to meet the requirements of Subsections (h) and (j), the maintenance agreement shall be prepared to meet the requirements of Subsection (k), the financial guaranty shall meet the requirements of Subsection (l), and fees shall be those established by the Common Council as set forth in Subsection (m).

By submitting an application, the applicant is authorizing the City or designee to enter the site to obtain information required for the review of the control plan.

Submission of an application by one of several land users or land owners of particular site shall constitute an affirmation by said applicant of authority to act on behalf of the other land users or land owners to so apply and, upon issuance of a permit, to engage in land developing or disturbing activities on the site. The City shall be under no obligation to ascertain the legal authority of the applicant to so act.

Permit application review and approval. The City of Lake Geneva 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:

Within 45 days of the receipt of a complete permit application, including all items as required by Subsection (i)(2), the City of Lake Geneva shall inform the applicant whether the application, stormwater management plan and maintenance agreement are approved or disapproved based on the requirements of this section.

If the stormwater permit application, stormwater management plan and maintenance agreement are approved, or if an agreed upon payment of fees in lieu of stormwater management practices is made, the City of Lake Geneva shall issue the permit.

If the stormwater permit application, stormwater management plan or maintenance agreement is disapproved, the City of Lake Geneva shall detail in writing the reasons for disapproval.

The City of Lake Geneva may request additional information from the applicant. If additional information is submitted, the City of Lake Geneva shall have 30 days from the date the additional information is received to inform the applicant that the stormwater management plan and maintenance agreement are either approved or disapproved.

Permit requirements. All permits issued under this section shall be subject to the following conditions, and holders of permits issued under this section shall be deemed to have accepted these conditions. The City of Lake Geneva may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the City of Lake Geneva to suspend or revoke this permit may be appealed in accordance with Subsection (o).

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.

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.

The responsible party shall notify the City of Lake Geneva at least 72 hours before commencing any land-developing or land-disturbing activity, and within 14 days upon completion of the stormwater management practices. If required as a special condition under Subsection (i)(5), the responsible party shall make additional notification according to a schedule set forth by the City of Lake Geneva so that practice installations can be inspected during construction.

Practice installations required as part of this section shall be certified as-built or record drawings by a licensed professional engineer. Completed stormwater management practices must pass a final inspection by the City of Lake Geneva or its designee to determine if they are in accordance with the approved stormwater management plan and ordinance. The City of Lake Geneva 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.

The responsible party shall notify the City of Lake Geneva of any significant modifications it intends to make to an approved stormwater management plan. The City of Lake Geneva 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.

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 Common Council, or are transferred to subsequent private owners as specified in the approved maintenance agreement.

The responsible party authorizes the City of Lake Geneva to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan, and consents to a special assessment or charge against the property as authorized under Subch. VII of Ch. 66, Wis. Stats., or to charging such costs against the financial guaranty posted under Subsection (l).

If so directed by the City of Lake Geneva, 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.

The responsible party shall permit property access to the City of Lake Geneva or its designee for the purpose of inspecting the property for compliance with the approved stormwater management plan and this permit.

Where site development or redevelopment involves changes in direction, increases in peak rate and/or total volume of runoff from a site, the City of Lake Geneva may require the responsible party to make appropriate legal arrangements with affected property owners concerning the prevention of endangerment to property or public safety.

The responsible party is subject to the enforcement actions and penalties detailed in Subsection (n) if the responsible party fails to comply with the terms of this permit.

Keep a copy of the approved stormwater management plan on the site.

Permit conditions. Permits issued under this subsection may include conditions established by the City of Lake Geneva in addition to the requirements needed to meet the performance standards in Subsection (h) or a financial guaranty as provided for in Subsection (l).

Permit duration. Permits issued under this section shall be valid from the date of issuance for a period of 180 days, or the length of the building permit or other construction authorizations, whichever is longer. The City of Lake Geneva may extend the period for up to an additional 180 days and may require additional control measures as a condition of the extension if they are necessary to meet the requirements. After final inspection, the City of Lake Geneva notifies the responsible party that all stormwater management practices have passed the final inspection required under Subsection (i)(4)d.

(j)

Stormwater management plan.

Stormwater management plan requirements. The stormwater management plan required under Subsection (h)(2) shall contain at a minimum the following information:

Name, address, and telephone number for the following or their designees: landowner; developer; project engineer for practice design and certification; person(s) responsible for installation of stormwater management practices; and person(s) responsible for maintenance of stormwater management practices prior to the transfer, if any, of maintenance responsibility to another party.

A proper legal description of the property proposed to be developed, referenced to the United States Public Land Survey system or to block and lot numbers within a recorded land subdivision plat.

Predevelopment site conditions, including:

One or more site maps at a scale of not less than one inch equals 100 feet. The site maps shall show the following: site location and legal property description; predominant soil types and hydrologic soil groups; existing cover type and condition; topographic contours of the site at a contour interval not to exceed two feet; topography and drainage network including enough of the contiguous properties to show runoff patterns onto, through, and from the site; watercourses that may affect or be affected by runoff from the site; flow path and direction for all stormwater conveyance sections; watershed boundaries used in hydrology determinations to show compliance with performance standards; lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site; limits of the one-hundred-year floodplain; location of wells and wellhead protection areas covering the project area and delineated pursuant to § NR 811.16, Wis. Adm. Code; locations and dimensions of utilities, structures, roads, highways and paving.

Hydrology and pollutant loading computations as needed to show compliance with performance standards. All major assumptions used in developing input parameters shall be clearly stated. The geographic areas used in making the calculations shall be clearly cross-referenced to the required map(s).

Post-development site conditions, including:

Explanation of the provisions to preserve and use natural topography and land cover features to minimize changes in peak flow runoff rates and volumes to surface waters and wetlands.

Explanation of any restrictions on stormwater management measures in the development area imposed by wellhead protection plans and ordinances.

One or more site maps at a scale equal to the same scale used on the predevelopment site conditions map showing the following: post-construction pervious areas, including vegetative cover type and condition; impervious surfaces, including all buildings, structures, and pavement; post-construction topographic contours of the site at a contour interval not to exceed two feet; post-construction drainage network, including enough of the contiguous properties to show runoff patterns onto, through, and from the site; locations and dimensions of drainage easements; locations of maintenance easements specified in the maintenance agreement; flow path and direction for all stormwater conveyance sections; location and type of all stormwater management conveyance and treatment practices, including the on-site and off-site tributary drainage area; location and type of conveyance system that will carry runoff from the drainage and treatment practices to the nearest adequate outlet, such as a curbed street, storm drain, or natural drainageway; watershed boundaries used in hydrology and pollutant-loading calculations and any changes to lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site.

Hydrology and pollutant-loading computations as needed to show compliance with performance standards. The computations shall be made for each discharge point in the development, and the geographic areas used in making the calculations shall be clearly cross-referenced to the required map(s).

Results of investigations of soils and groundwater required for the placement and design of stormwater management measures. Detailed drawings including cross sections and profiles of all permanent stormwater conveyance and treatment practices.

A description and installation schedule for the stormwater management practices needed to meet the performance standards in Subsection (h).

A maintenance plan developed for the life of each stormwater management practice including the required maintenance activities and maintenance activity schedule.

Cost estimates for the construction, operation, and maintenance of each stormwater management practice.

Other information requested in writing by the City of Lake Geneva to determine compliance of the proposed stormwater management measures with the provisions of this section.

All site investigations, plans, designs, computations, and drawings shall be certified by a licensed professional engineer to be prepared in accordance with accepted engineering practice and requirements of this section.

Alternate requirements. The City of Lake Geneva may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under Subsection (h)(5).

(k)

Maintenance agreement.

Maintenance agreement required. The maintenance agreement required under Subsection (i) for stormwater management practices shall be an agreement between the City of Lake Geneva 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.

Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by Subsection (j)(1)f:

Identification of the stormwater facilities and designation of the drainage area served by the facilities.

A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under Subsection (i)(2).

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 Subsection (i)(2).

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 (k)(1)b.

Authorization for the City of Lake Geneva 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.

A requirement for the City of Lake Geneva 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.

Agreement that the party designated under Subsection (k)(1)c, as responsible for long-term maintenance of the stormwater management practices, shall be notified by the City of Lake Geneva of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the City of Lake Geneva.

Authorization of the City of Lake Geneva to perform the corrected actions identified in the inspection report if the responsible party designated under Subsection (k)(1)c, does not make the required corrections in the specified time period. The City of Lake Geneva shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subch. VII of Ch. 66, Wis. Stats.

(l)

Financial guaranty.

Establishment of the guaranty. The City of Lake Geneva may require the submittal of a financial guaranty, the form and type of which shall be acceptable to the City of Lake Geneva. The financial guaranty shall be in an amount determined by the City of Lake Geneva 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 guaranty shall include all phases of the plan from the clearing and stockpiling operations to final grading and landscaping, including a maintenance guaranty for a period of not less than two years from the recording of the document or commencement of construction, whichever occurs first. An agreement will be a part of the financial guaranty, which shall give the City of Lake Geneva 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 City of Lake Geneva that the requirements of this section have not been met. This agreement shall be received by the City prior to issuance of any permits and shall be effective for a sufficient time period to perform the activities required, make the appropriate inspections, and approve the final installation. The City may extend the agreement beyond its original expiration date if necessary due to unexpected or unforeseen circumstances beyond the control of the responsible party. A performance bond shall be replaced with a maintenance guaranty for a stated period of time and in an amount equal to a percentage of the cost of the construction of the improvements and a cost overrun of 15%.

Conditions for release. Conditions for the release of the financial guaranty are as follows:

The City of Lake Geneva shall release the portion of the financial guaranty established under this section, less any costs incurred by the City of Lake Geneva to complete installation of practices, upon submission of as-built plans or record drawings by a licensed professional engineer. The City of Lake Geneva may make provisions for a partial pro rata release of the financial guaranty based on the completion of various development stages.

The City of Lake Geneva shall release the portion of the financial guaranty established under this section to assure maintenance of stormwater practices, less any costs incurred by the City of Lake Geneva, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement.

(m)

Fee schedule.

The fees referred to in other subsections of this section shall be established by the City of Lake Geneva and may from time to time be modified by resolution. A schedule of the fees established by the City of Lake Geneva shall be available for review in City Hall. The processing fees shall be related to costs involved in processing permit applications, conditional use petitions, appeals to the Board of Appeals and zoning amendments and changes.

The City of Lake Geneva shall charge a double fee if work is started before a permit is applied for and issued. Such double fee shall not release the applicant from full compliance with this section nor from prosecution for violation of this section.

(n)

Enforcement.

Any land-disturbing construction activity or post-construction runoff initiated after the effective date of this section by any person, firm, association, or corporation subject to the ordinance provisions shall be deemed a violation unless conducted in accordance with the requirements of this section.

The City of Lake Geneva 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.

Upon receipt of written notification from the City of Lake Geneva under Subsection (n)(2), 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 City of Lake Geneva in the notice.

If the violations to a permit issued pursuant to this section are likely to result in damage to properties, public facilities, or waters of the state, the City of Lake Geneva may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the City of Lake Geneva plus interest and legal costs shall be billed to the responsible party.

The City of Lake Geneva is authorized to post a stop-work order on all land-disturbing construction activity that is in violation of this section, or to request the City Attorney to obtain a cease and desist order in any court with jurisdiction.

The City of Lake Geneva may revoke a permit issued under this section for noncompliance with ordinance provisions.

(7)

Any permit revocation, stop-work order, or cease and desist order shall remain in effect unless retracted by the City of Lake Geneva or by a court with jurisdiction.

(8)

The City of Lake Geneva is authorized to refer any violation of this section, or a stop-work order or cease and desist order issued pursuant to this section, to the City Attorney for the commencement of further legal proceedings in any court with jurisdiction.

(9)

Any person, firm, association, or corporation who does not comply with the provisions of this section shall be subject to a forfeiture in accordance with the City for each violation. Each day that the violation exists shall constitute a separate offense.

(10)

Compliance with the provisions of this section 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.

(11)

When the City of Lake Geneva determines that the holder of a permit issued pursuant to this section has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the City of Lake Geneva or a party designated by the City of Lake Geneva 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 stormwater management plan. The City of Lake Geneva 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 Subsection (l) of this section. 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.

(o)

Appeals.

Board of Appeals. The Board of Appeals, created pursuant to Section 98-934 of the City of Lake Geneva ordinances pursuant to § 62.23 (7)(e), Wis. Stats., shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the City of Lake Geneva in administering this section. 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 section that are not contrary to the public interest, and where owing to special conditions a literal enforcement of the ordinance will result in unnecessary hardship.