[Adopted as Ch. 37 of the 1961 Code; amended in its entirety 4-12-2011 by Ord. No. 2011-05]
A.
This article is adopted by the Village of Fox Point under the authority
granted by § 61.354, Wis. Stats. This article supersedes
all provisions of an ordinance previously enacted under § 61.35,
Wis. Stats., that conflict with this article in relation to stormwater
management regulations.
B.
The provisions of this article are deemed not to limit any other
lawful regulatory powers of the same governing body.
C.
The requirements of this article do not preempt more stringent stormwater
management requirements that may be imposed by any of the following:
(1)
Wisconsin Department of Natural Resources administrative rules, permits
or approvals, including those authorized under §§ 281.16
and 283.33, Wis. Stats.
(2)
Targeted nonagricultural performance standards promulgated in rules
by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
(3)
The authority exercised by the Village under §§ 61.354(6)
and 236.45, Wis. Stats.
The Village of Fox Point finds that uncontrolled, postconstruction
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
postconstruction runoff can:
A.
Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature;
B.
Diminish the capacity of lakes and streams to support fish, aquatic
life, recreational and water supply uses by increasing pollutant loading
of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants;
C.
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads;
D.
Reduce the quality of groundwater by increasing pollutant loading;
E.
Threaten public health, safety, property and general welfare by overtaxing
storm sewers, drainageways, and other minor drainage facilities;
F.
Threaten public health, safety, property and general welfare by increasing
major flood peaks and volumes;
G.
Undermine floodplain management efforts by increasing the incidence
and levels of flooding; and
H.
Aggravate excessive infiltration and inflow of water into sanitary
sewer connections during peak storm events causing the conveyance
system to surcharge, overflow or back up into basements.
This article integrates federal and state construction and postconstruction
site stormwater water quality standards with duties to reasonably
manage the quantity of water runoff for regional flood abatement.
This article implements the Milwaukee Metropolitan Sewerage District
rules on release rates for development creating more than a de minimis
amount of new impervious surface, to reduce the probability of increased
regional floods as the metropolitan area approaches full build-out
forecast for 2050.
A.
The water quality management duties apply to property development disturbing five or more acres or property development disturbing one or more acres after March 10, 2003, and the water quantity management duties apply to development that increases impervious surface by 1/2 acre or more or disturbs an area larger than two acres, unless the site is exempt under Subsection B or C.
B.
A site meeting any one of the following criteria is exempt from stormwater
quality requirements:
(1)
Nonpoint discharges from agricultural facilities and practices.
(2)
Nonpoint discharges from silviculture activities.
(3)
Routine maintenance for project sites under five acres of land disturbance
if performed to maintain the original line and grade, hydraulic capacity
or original purpose of the facility.
(4)
Underground utility construction such as water, sewer and fiber optic
lines. This exemption does not apply to the construction of any aboveground
structures associated with utility construction.
C.
Water quantity management.
(1)
Water quantity management duties do not apply to:
(a)
Residential infill where the lot is five acres or less, the development
is exclusively residential, the net increase in the area of impervious
surface is less than 20% of the area of the site, and each boundary
of the site is contiguous to:
(b)
Sites where the area of impervious surface after development will
be 5% or less of the total area of the site.
(c)
Recreational trails if the trail is less than or equal to 10 feet
in width and has a continuous pervious buffer at least five feet wide
on each side, disregarding interruption by streets, driveways, or
other impervious surfaces crossing the trail.
(d)
Sites that are riparian to Lake Michigan.
(f)
Road construction. If the construction or reconstruction of a public road will increase impervious surface by 1/2 acre or more, then water quantity management is necessary for the net increase in impervious surface. The requirements of § 285-28C(2)(b)[1] shall apply. Water quantity management is not required for the reconstruction of public roads when the area of impervious surface is not changing.
(g)
Parking lots. Water quantity management is required for the reconstruction
of parking lots only when the parking lot will be reconfigured or
re-contoured. Water quantity management requirements do not apply
to pavement maintenance activities, such as sealing, milling and overlaying,
or pulverizing and compacting.
(2)
Notwithstanding the applicability requirements in Subsection C(1)(a), this article applies to postconstruction sites of any size that, in the opinion of the administering authority, are likely to result in runoff that exceeds the capacity of the existing drainage facilities or the level of flooding protection in a watercourse that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
D.
Comity. State agencies should design and incorporate best management
practices for surface water quality and stormwater quantity management
for new impervious surfaces. The runoff management techniques should
be the same as flood abatement plans and techniques utilized by local
governments in the watershed. The lead agency preparing an environmental
assessment for a federal or state project shall identify the mitigating
runoff management techniques to prevent increases in peak flood flows
from new impervious areas.
For the purposes of this article, the following terms shall
be defined as follows:
The Village Manager or the Director of Public Works/Village
Engineer.
Has the meaning given in § 281.16, Wis. Stats.
A calendar year of precipitation, excluding snow, which is
considered typical.
Structural or nonstructural measures, practices, techniques
or devices employed to:
A day the office of the administering authority is routinely
and customarily open for business.
A court-issued order to halt land disturbing construction
activity that is being conducted without the required permit.
A system for conveying both sanitary sewage and stormwater
runoff.
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
The period starting at the time of peak rainfall intensity
with a duration equal to the time of concentration of the watershed.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
The construction of buildings, roads, parking lots, and paved
or unpaved storage areas.
The creation from one parcel of two or more parcels of one
or fewer acres each in area where such creation occurs at one time
or through the successive partition within a five-year period.
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
The process by which the land's surface is worn away
by the action of wind, water, ice or gravity.
Waters listed in § NR 102.11, Wis. Adm. Code.
The unincorporated area within three miles of the corporate
limits of a first, second, or third class city or within 1.5 miles
of a fourth class city or village.
All land disturbing construction activities at the construction
site have been completed and a uniform, perennial, vegetative cover
has been established, with a density of at least 70% of the cover,
for the unpaved areas and areas not covered by permanent structures,
or employment of equivalent permanent stabilization measures.
An irrevocable letter of credit, in a form approved by the
Village Attorney, or similar guarantees that are approved by the Director
of Public Works/Village Engineer as to amount, and by the Village
Attorney as to form, submitted to the administering authority by the
responsible party to assure that requirements of this article are
carried out in compliance with the stormwater management plan.
Any pavement or structural element that prevents rain, surface
water runoff, or melting snow from infiltrating into the ground below,
including, but not limited to, roofs and paved roads, driveways, and
parking lots.
An undeveloped area of land located within existing development.
The entry of precipitation or runoff into or through the
soil.
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices, such as swales or roadside channels, designed for
conveyance and pollutant removal only.
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater,
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. Land-disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
A legal document that provides for long-term maintenance
of stormwater management practices.
A level of implementing best management practices in order
to achieve a performance standard specified in this 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 the performance standards
and may vary based on the performance standard and site conditions.
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
Located outside the property boundary described in the permit
application.
Located within the property boundary described in the permit
application.
The meaning given in § NR 115.03(6), Wis. Adm.
Code.
Waters listed in § NR 102.10, Wis. Adm. Code.
The percentage of a given sample of soil which passes through
a No. 200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the administering authority
to the applicant to conduct land-disturbing construction activity
or to discharge postconstruction runoff to waters of the state.
A sum of money paid to the administering authority by the
permit applicant for the purpose of recouping the expenses incurred
by the authority in administering the permit.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
The meaning given in § 283.01(13), Wis. Stats.
The meaning given in § 281.01(10), Wis. Stats.
A construction site following the completion of land disturbing
construction activity and final site stabilization.
The extent and distribution of land cover types present before
the initiation of land-disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
The meaning given in § NR 140.05(17), Wis. Adm.
Code.
Any road, alley, street, parking lot, sidewalk, plaza, mall,
or pathway owned by or dedicated to a governmental unit.
A path that is:
Distinctly set apart from a roadway, street, or sidewalk;
Designed for activities such as jogging, walking, hiking, bird
watching, bicycle riding, roller skating, or similar recreational
activities not involving the use of motorized vehicles; and
Not a sidewalk according to § 340.01(58), Wis. Stats.
New development that replaces older development.
The peak flow and peak elevation of water with a one-percent
probability of occurring during any one year, considering rainfall
time and intensity patterns, rainfall duration, area distribution,
antecedent moisture, and snow melt. The common misnomer, "one-hundred-year
flood or floodplain" implies a temporal element rather than a one
in 100 random probability of the event.
Any entity holding fee title to the property or other person
contracted or obligated by other agreement to implement and maintain
postconstruction stormwater BMPs.
Stormwater or precipitation including rain, snow or ice melt
or similar water that moves on the land surface via sheet or channelized
flow.
A conveyance or system of conveyances, including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria:
The entire area included in the legal description of the
land on which the land disturbing construction activity occurred.
An order issued by the administering authority which requires
that all construction activity on the site be stopped.
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has undergone final stabilization
following completion of the construction activity.
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
The time period for the furthest runoff from the outlet of
a watershed to contribute to flow at the watershed outlet.
An edge, or point on the landscape, landward from the ordinary
high-water mark of a surface water of the state, where the slope of
the land begins to be less than 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the initial
50 feet landward from the ordinary high-water mark, the top of the
channel is the ordinary high-water mark.
The United States Department of Agriculture, Natural Resources
Conservation Service (previously Soil Conservation Service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986.
A rainfall type curve as established in the United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published 1973. The Type II curve is applicable to all of Wisconsin
and represents the most intense storm pattern.
When referring to the governing body and not the geographical
area, means Village Board of Trustees.
The stormwater standards and duties established under the
Clean Water Act, 33 U.S.C. § 1251 et seq., parallel state
law regulating the discharge of pollutants, and implementing regulations.
Runoff management requirements to manage the volume, timing,
and peak flow rate from development or redevelopment pursuant to Chapter
13 of the Milwaukee Metropolitan Sewerage District (MMSD) rules as
implemented and enforced by this municipality.
The meaning given in § 281.01(18), Wis. Stats.
The following methods shall be used in designing the water quality,
peak flow shaving and infiltration components of stormwater practices
needed to meet the requirements of this article:
A.
Technical standards identified, developed or disseminated by the
Wisconsin Department of Natural Resources under Subchapter V of Chapter
NR 151, Wis. Adm. Code.
B.
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 administering
authority.
C.
The most recent rainfall data available from the Southeastern Wisconsin
Regional Planning Commission or more protective data shall be the
basis for the analyses required by this article.
A.
Responsible party. The responsible party shall implement a postconstruction
stormwater management plan that incorporates the requirements of this
section.
B.
Plan. A written stormwater quality and quantity management plan in accordance with § 285-30 shall be developed and implemented for each postconstruction site.
C.
Requirements. The water quality plan required under Subsection B shall include the following:
(1)
Total suspended solids. BMPs shall be designed, installed and maintained
to control total suspended solids carried in runoff from the postconstruction
site as follows:
(a)
For new development, by design, reduce to the maximum extent
practicable the total suspended solids load by 80%, based on the average
annual rainfall, as compared to no runoff management controls. No
person shall be required to exceed an 80% total suspended solids reduction
to meet the requirements of this subsection.
(b)
For redevelopment, by design, reduce to the maximum extent practicable
the total suspended solids load by 40%, based on the average annual
rainfall, as compared to no runoff management controls. No person
shall be required to exceed a 40% total suspended solids reduction
to meet the requirements of this subsection.
(c)
For infill development under five acres that occurs within 10
years after October 1, 2002, by design, reduce to the maximum extent
practicable the total suspended solids load by 40%, based on an average
annual rainfall, as compared to no runoff management controls. No
person shall be required to exceed a 40% total suspended solids reduction
to meet the requirements of this subsection.
(d)
For infill development that occurs 10 or more years after October
1, 2002, by design, reduce to the maximum extent practicable the total
suspended solids load by 80%, based on an average annual rainfall,
as compared to no runoff management controls. No person shall be required
to exceed an 80% total suspended solids reduction to meet the requirements
of this subsection.
(e)
Notwithstanding Subsection C(1)(a) to (d), if the design cannot achieve the applicable total suspended solids reduction specified, the stormwater management plan shall include a written and site-specific explanation why that level of reduction is not attained and the total suspended solids load shall be reduced to the maximum extent practicable.
(2)
Runoff management requirements.
(a)
The responsible party shall manage the volume, timing, and peak
flow rate of runoff from development or redevelopment approved by
the Village after the effective date of this chapter. The responsible
party may implement runoff management requirements on a watershed
basis or at individual sites.
(b)
Standards for development; demolition or construction during
redevelopment.
[1]
For development, runoff management shall prevent increases in
the regional flood and stream bank erosion rates.
[2]
If demolition or construction during redevelopment will disturb an area larger than two acres, then the responsible party shall reduce the runoff release rate by the amount listed in the following table for the one-percent/one-hundred-year and fifty-percent/two-year storms, except as provided in Subsection C(2)(e).
|
Area Disturbed by Demolition or Construction
|
Reduction to the Existing Runoff Release Rate as of October
25, 2010
| |
|---|---|---|
|
Between 2 acres and 3.5 acres
|
10%
| |
|
From 3.5 to 5 acres
|
15%
| |
|
Greater than 5 acres
|
20%
|
(c)
The responsible party may prepare a watershed or sub-watershed stormwater management plan or a local stormwater management plan for multiple sites considered together. These analyses shall show how runoff volume is distributed over the critical time of the watershed sufficient to comply with Subsection C(2)(b). The responsible party shall analyze runoff and determine the critical time according to guidance provided by the Milwaukee Metropolitan Sewerage District (MMSD). When evaluating how a development will affect the watercourses, the responsible party shall use models and conditions approved by the MMSD. The responsible party shall use 2020 or later land use conditions. The responsible party shall use pre-project channel conditions. The responsible party shall submit these plans and analyses to the MMSD for review and approval. Such plans are subject to approval of the MMSD, in addition to the approval of the Village.
(d)
In the absence of an approved watershed management plan that covers development at a particular site, the responsible party shall implement either site-specific maximum runoff release rates that will distribute runoff over the critical time sufficient to comply with Subsection C(2)(b)[1], calculated according to guidance provided by MMSD, or the following uniform rates:
|
Storm(probability/recurrence interval)
|
Maximum Runoff Release Rate(cubic feet
per second per acre)
| |
|---|---|---|
|
1%/100-year
|
0.5
| |
|
50%/2-year
|
0.15
|
(e)
Redevelopment may reduce the runoff release rate by an amount less than required by Subsection C(2)(b)[2] when conditions make compliance unreasonable. Relevant conditions include, but are not limited to, soil contamination, groundwater contamination, land use requirements, land availability, opportunities for off-site management, construction delays, marginal costs, and the availability of financing. In this case, redevelopment shall achieve the greatest practicable reduction.
(f)
When selecting the runoff management techniques appropriate
for a particular development, responsible parties shall consider the
following techniques, in order of preference:
[1]
Preservation of the natural features of development sites, including
natural storage and infiltration characteristics;
[2]
Preservation of existing natural streams, channels, and drainageways;
[3]
Minimization of new impervious surfaces;
[4]
Conveyance of stormwater in open vegetated channels;
[5]
Construction of structures that provide both quantity and quality
control, with structures serving multiple sites being preferable to
structures serving individual sites; and
[6]
Construction of structures that provide only quantity control, with
structures serving multiple sites being preferable to structures serving
individual sites.
(g)
If impervious surface is removed after the effective date of this chapter, then the responsible party may reduce the degree of runoff management necessary for new impervious surface within the same watershed or sub-watershed, to the extent that the net result complies with Subsection C(2)(b). The responsible party shall implement this subsection according to guidance provided by the MMSD.
(h)
Runoff management systems may be either public or private.
(i)
The responsible party shall ensure that facilities constructed
to manage runoff are maintained to preserve their effectiveness.
(j)
If a runoff management system is not constructed or maintained according to an approved site development stormwater management plan or otherwise fails to comply with Subsection C(2)(a), then the responsible party shall construct new facilities, expand or correct previously constructed facilities, or implement other remedial action.
(3)
Infiltration. BMPs shall be designed, installed, and maintained to infiltrate runoff to the maximum extent practicable in accordance with the following, except as provided in Subsection C(3)(e) through (g).
(a)
For residential developments, one of the following shall be
met:
[1]
Infiltrate sufficient runoff volume so that the postdevelopment
infiltration volume shall be at least 90% of the predevelopment infiltration
volume, based on an average annual rainfall. However, when designing
appropriate infiltration systems to meet this requirement, no more
than 1% of the project site is required as an effective infiltration
area.
[2]
Infiltrate 25% of the postdevelopment runoff from the two-year,
twenty-four-hour design storm with a type II distribution. Separate
curve numbers for pervious and impervious surfaces shall be used to
calculate runoff volumes and not composite curve numbers as defined
in TR-55. However, when designing appropriate infiltration systems
to meet this requirement, no more than 1% of the project site is required
as an effective infiltration area.
(b)
For nonresidential development, including commercial, industrial
and institutional development, one of the following shall be met:
[1]
Infiltrate sufficient runoff volume so that the postdevelopment
infiltration volume shall be at least 60% of the predevelopment infiltration
volume, based on an average annual rainfall. However, when designing
appropriate infiltration systems to meet this requirement, no more
than 2% of the project site is required as an effective infiltration
area.
[2]
Infiltrate 10% of the runoff from the two-year, twenty-four-hour
design storm with a type II distribution. Separate curve numbers for
pervious and impervious surfaces shall be used to calculate runoff
volumes and not composite curve numbers as defined in TR-55. However,
when designing appropriate infiltration systems to meet this requirement,
no more than 2% of the project site is required as an effective infiltration
area.
(d)
Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection C(3)(g). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(e)
Infiltration exclusions. The runoff from the following areas
is prohibited from meeting the requirements of this subsection:
[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 this subsection 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, or within 100 feet of
a private well as specified in § NR 812.08(4), Wis. Adm.
Code, for runoff infiltrated from commercial, industrial and institutional
land uses or regional devices for residential development.
[8]
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
soil characteristics between the bottom of the infiltration system
and the seasonal high groundwater and top of bedrock: at least a three-foot
soil layer with 20% fines or greater; or at least a five-foot soil
layer with 10% fines or greater. This does not apply where the soil
medium within the infiltration system provides an equivalent level
of protection. This subsection does not prohibit infiltration of roof
runoff.
(f)
Infiltration exemptions. The following are not required to meet
the requirements of this subsection:
[1]
Areas where the infiltration rate of the soil is less than 0.6
inch per hour measured at the site.
[2]
Parking areas and access roads less than 5,000 square feet for
commercial and industrial development.
[3]
Redevelopment postconstruction sites.
[4]
Infill development areas less than five acres.
[5]
Infiltration areas during periods when the soil on the site
is frozen.
[6]
Roads in commercial, industrial and institutional land uses,
and arterial residential roads.
(g)
Protection of groundwater quality.
[1]
Infiltration systems designed in accordance with this subsection
shall, to the extent technically and economically feasible, minimize
the level of pollutants infiltrating to groundwater and shall maintain
compliance with the preventive action limit at a point of standards
application in accordance with Ch. NR 140, Wis. Adm. Code. However,
if site-specific information indicates that compliance with a preventive
action limit is not achievable, the infiltration BMP may not be installed
or shall be modified to prevent infiltration to the maximum extent
practicable.
[2]
Notwithstanding Subsection C(3)(g)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
(4)
Protective areas.
(a)
"Protective area" means an area of land that commences at the
top of the channel of lakes, streams and rivers, or at the delineated
boundary of wetlands, and that is the greatest of the following widths,
as measured horizontally from the top of the channel or delineated
wetland boundary to the closest impervious surface. However, in this
subsection, "protective area" does not include any area of land adjacent
to any stream enclosed within a pipe or culvert, such that runoff
cannot enter the enclosure at this location.
[1]
For outstanding resource waters and exceptional resource waters,
and for wetlands in areas of special natural resource interest as
specified in § NR 103.04, Wis. Adm. Code, 75 feet.
[2]
For perennial and intermittent streams identified on a United
States geological survey 7.5-minute series topographic map, or a county
soil survey map, whichever is more current, 50 feet.
[3]
For lakes, 50 feet.
[4]
For highly susceptible wetlands, 50 feet. Highly susceptible
wetlands include the following types: fens, sedge meadows, bogs, low
prairies, conifer swamps, shrub swamps, other forested wetlands, fresh
wet meadows, shallow marshes, deep marshes and seasonally flooded
basins. Wetland boundary delineations shall be made in accordance
with § NR 103.08(1m), Wis. Adm. Code. This subsection does
not apply to wetlands that have been completely filled in accordance
with all applicable state and federal regulations. The protective
area for wetlands that have been partially filled in accordance with
all applicable state and federal regulations shall be measured from
the wetland boundary delineation after fill has been placed.
[5]
For less susceptible wetlands, 10% of the average wetland width,
but no less than 10 feet nor more than 30 feet. Less susceptible wetlands
include degraded wetlands dominated by invasive species such as reed
canary grass.
[6]
In Subsection C(4)(a)[1], [4] and [5], determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in § NR 103.03, Wis. Adm. Code.
[7]
For concentrated flow channels with drainage areas greater than
130 acres, 10 feet.
(b)
This subsection applies to postconstruction sites located within a protective area, except those areas exempted pursuant to Subsection C(4)(d) of this section.
(c)
The following requirements shall be met:
[1]
Impervious surfaces shall be kept out of the protective area
to the maximum extent practicable. The stormwater management plan
shall contain a written site-specific explanation for any parts of
the protective area that are disturbed during construction.
[2]
Where land-disturbing construction activity occurs within a
protective area, and where no impervious surface is present, adequate
sod or self-sustaining vegetative cover of 70% or greater shall be
established and maintained. The adequate sod or self-sustaining vegetative
cover shall be sufficient to provide for bank stability, maintenance
of fish habitat and filtering of pollutants from upslope overland
flow areas under sheet flow conditions. Nonvegetative materials, such
as rock riprap, may be employed on the bank as necessary to prevent
erosion, such as on steep slopes or where high velocity flows occur.
[3]
Best management practices such as filter strips, swales, or
wet detention basins that are designed to control pollutants from
nonpoint sources may be located in the protective area.
(d)
This subsection does not apply to:
[1]
Redevelopment postconstruction sites.
[2]
Infill development areas less than five acres.
[3]
Structures that cross or access surface waters such as boat
landings, bridges and culverts.
[4]
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.
[5]
Postconstruction sites from which runoff does not enter the
surface water, except to the extent that vegetative ground cover is
necessary to maintain bank stability.
(5)
Fueling and vehicle maintenance areas. Fueling and vehicle maintenance
areas shall, to the maximum extent practicable, have BMPs designed,
installed and maintained to reduce petroleum within runoff, such that
the runoff that enters waters of the state contains no visible petroleum
sheen.
(6)
Swale treatment for transportation facilities.
(a)
Applicability. Except as provided in Subsection C(6)(b), transportation facilities that use swales for runoff conveyance and pollutant removal meet all of the requirements of this section if the swales are designed to the maximum extent practicable to do all of the following:
[1]
Be vegetated. However, where appropriate, nonvegetative measures
may be employed to prevent erosion or provide for runoff treatment,
such as rock riprap stabilization or check dams.
[2]
Carry runoff through a swale for 200 feet or more in length
that is designed with a flow velocity no greater than 1.5 feet per
second based on a two-year, twenty-four-hour design storm. If a swale
of 200 feet in length cannot be designed with a flow velocity of 1.5
feet per second or less, then the flow velocity shall be reduced to
the maximum extent practicable.
(b)
Exemptions. The administering authority may, consistent with
water quality standards, require other provisions of this section
be met on a transportation facility with an average daily travel of
vehicles greater than 2,500 and where the initial surface water of
the state that the runoff directly enters is any of the following:
[1]
An outstanding resource water.
[2]
An exceptional resource water.
[3]
Waters listed in Section 303(d) of the Federal Clean Water Act
that are identified as impaired, in whole or in part, due to nonpoint
source impacts.
[4]
Waters where targeted performance standards are developed under
§ NR 151.004, Wis. Adm. Code, to meet water quality standards.
D.
General considerations for on-site and off-site stormwater management
measures. The following considerations shall be observed in managing
runoff:
(1)
Natural topography and land cover features such as natural swales,
natural depressions, native soil-infiltrating capacity, and natural
groundwater recharge areas shall be preserved and used, to the extent
possible, to meet the requirements of this section.
(2)
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.
(3)
BMPs for water quantity management shall utilize the following techniques,
in order of preference:
(a)
Preservation of the natural features of development sites, including
natural storage and infiltration characteristics;
(b)
Preservation of existing natural streams, channels, and drainageways;
(c)
Minimization of new impervious surfaces;
(d)
Conveyance of stormwater in open vegetated channels;
(e)
Construction of structures that provide both quantity and quality
control, with structures serving multiple sites being preferable to
structures serving individual sites; and
(f)
Construction of structures that provide only quantity control,
with structures serving multiple sites being preferable to structures
serving individual sites.
E.
Location and regional treatment option.
(1)
The BMPs may be located on-site or off-site as part of a regional
stormwater device, practice or system within the same watershed.
(2)
Postconstruction runoff within a nonnavigable drainage way that flows
into a BMP, such as a wet pond, is not required to meet water quality
performance standards unless designed to provide treatment. Postconstruction
BMPs may be located in nonnavigable surface waters.
(3)
Except as allowed under Subsection E(4), postconstruction runoff from new development shall meet the postconstruction performance standards prior to entering a navigable surface water.
(4)
Postconstruction runoff from any development within a navigable surface
water that flows into a BMP is not required to meet the performance
standards of this article if:
(5)
Runoff from existing development, redevelopment and infill areas
shall meet the postconstruction performance standards in accordance
with this subsection.
(a)
To the maximum extent practicable, BMPs shall be located to
treat runoff prior to discharge to navigable surface waters.
(b)
Postconstruction BMPs for such runoff may be located in a navigable
surface water if allowable under all other applicable federal, state,
and local regulations, such as Ch. NR 103, Wis. Adm. Code, and Ch.
30, Wis. Stats.
(6)
The discharge of runoff from a BMP, such as a wet pond, or after
a series of such BMPs is subject to this article.
(7)
The administering authority may approve off-site management measures,
provided that all of the following conditions are met:
(a)
The administrating authority determines that the postconstruction
runoff is covered by a stormwater management system plan that is approved
by the Village of Fox Point and that contains management requirements
consistent with the purpose and intent of this article.
(b)
The off-site facility meets all of the following conditions:
[1]
The facility is in place.
[2]
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 article.
[3]
The facility has a legally obligated entity responsible for
its long-term operation and maintenance.
(8)
Where a regional treatment option exists such that the administering
authority 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 administering
authority. In determining the fee for postconstruction runoff, the
administering authority shall consider an equitable distribution of
the cost for land, engineering design, construction, and maintenance
of the regional treatment option.
F.
Alternate requirements. The administering authority may establish
stormwater management requirements more stringent than those set forth
in this section if the administering authority determines that an
added level of protection is needed to protect sensitive resources.
G.
Credit for removal of impervious surfaces.
(1)
Same site credit. The administering authority may use the removal of pavement, covered structures or other impervious surfaces at the same property to calculate the net postconstruction impervious acreage and corresponding water quantity management duties. Credit may equal, but not be larger than the acreage of impervious surfaces removed when runoff release rates and detention are the best management practices utilized at the site. When best management practices with a higher order of preference are utilized in lieu of detention, equivalent credit may be granted as determined by the administering authority with the concurrence of the MMSD. Credit for reducing impervious surfaces at a site, not utilized by the development on the site, belongs to the administering authority and may be banked for allocation to other development within the watershed under Subsection G(2).
(2)
Dispersed site in same watershed credit. The administering authority
may bank the removal of impervious surfaces, which individually must
be 1/2 acre or more, within the same watershed, where the volume,
timing and peak flow of runoff will be distributed over the critical
time sufficient to assure the level of protection provided by MMSD
flood abatement projects will not be reduced. The administering authority
may allocate banked credit to promote a policy of smart growth. The
total acreage banked or allocated, or both, shall be reported, by
watershed or subwatershed, annually to the MMSD for concurrence.
A.
Permit required. No responsible party may undertake a land-disturbing
construction activity without receiving a postconstruction runoff
permit from the administering authority prior to commencing the proposed
activity.
B.
Permit application and fees. Unless specifically excluded by this
article, any responsible party desiring a permit shall submit to the
administering authority a permit application made on a form provided
by the administering authority for that purpose.
(1)
Unless specifically excepted, a permit application must be accompanied
by a stormwater management plan, a maintenance agreement and a nonrefundable
permit administration fee.
(2)
The stormwater management plan shall be prepared to meet the requirements of §§ 285-28 and 285-30, the maintenance agreement shall be prepared to meet the requirements of § 285-31, the financial guarantee shall meet the requirements of § 285-32, and fees shall be those established by the Village of Fox Point as set forth in § 285-33.
C.
Review and approval of permit application. The administering authority
shall review any permit application that is submitted with a stormwater
management plan, maintenance agreement, and the required fee, as follows:
(1)
Within 30 business days of the receipt of a complete permit application, including all items as required by Subsection B of this section, the administering authority shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this article.
(2)
If the stormwater permit application, plan and maintenance agreement
are approved, or if an agreed-upon payment of fees in lieu of stormwater
management practices is made, the administering authority shall issue
the permit.
(3)
If the stormwater permit application, plan or maintenance agreement
is disapproved, the administering authority shall detail in writing
the reasons for disapproval.
(4)
The administering authority may request additional information from
the applicant. If additional information is submitted, the administering
authority shall have 20 business days from the date the additional
information is received to inform the applicant that the plan and
maintenance agreement are either approved or disapproved.
(5)
Failure by the administering authority to inform the permit applicant
of a decision within 30 business days of a required submittal shall
be deemed an approval of the submittal and the applicant may proceed
as if a permit had been issued.
D.
Permit requirements. All permits issued under this article shall be subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions. The administering authority may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the administering authority to suspend or revoke this permit may be appealed in accordance with § 285-35.
(1)
Compliance with this permit does not relieve the responsible party
of the responsibility to comply with other applicable federal, state,
and local laws and regulations.
(2)
The responsible party shall design and install all structural or
identify nonstructural stormwater management measures, or both, in
accordance with the approved stormwater management plan and this permit.
(3)
The responsible party shall notify the administering authority at least 10 business days before commencing any work in conjunction with the stormwater management plan, and within five business days upon completion of the stormwater management practices. If required as a special condition under Subsection E of this section, the responsible party shall make additional notification according to a schedule set forth by the administering authority so that practice installations can be inspected during construction.
(4)
Practice installations required as part of this article shall be
certified "as-built" by a licensed professional engineer. Completed
stormwater management practices must pass a final inspection by the
administering authority or its designee to determine if they are in
accordance with the approved stormwater management plan and this article.
The administering authority or its designee shall notify the responsible
party in writing of any changes required in such practices to bring
them into compliance with the conditions of this permit.
(5)
The responsible party shall notify the administering authority of
any significant modifications it intends to make to an approved stormwater
management plan. The administering authority may require that the
proposed modifications be submitted to it for approval prior to incorporation
into the stormwater management plan and execution by the responsible
party.
(6)
The responsible party shall maintain all stormwater management practices
until the responsibility is transferred to the Village of Fox Point,
or subsequent private owners as specified in the approved maintenance
agreement.
(7)
The responsible party authorizes the administering authority 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 § 66.0627 or Subchapter VII of Ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 285-32.
(8)
If so directed by the administering authority, the responsible party
shall repair at the responsible party's own expense all damage
to adjoining municipal facilities and drainage ways caused by runoff,
where such damage is caused by activities that are not in compliance
with the approved stormwater management plan.
(9)
The responsible party shall permit property access to the administering
authority or its designee for the purpose of inspecting the property
for compliance with the approved stormwater management plan and this
permit.
(10)
Where site development or redevelopment involves changes in
direction, increases in the peak rate or the total volume of runoff,
the administering authority may require the responsible party to make
appropriate legal arrangements with affected property owners concerning
the prevention of endangerment to property or public safety.
A.
Plan requirements. The stormwater management plan required under § 285-29B shall contain at, a minimum, the following information:
(1)
Name, address, and telephone number for the following or their designees:
landowner; developer; project engineer for practice design and certification;
person(s) responsible for installation of stormwater management practices;
and person(s) responsible for maintenance of stormwater management
practices prior to the transfer, if any, of maintenance responsibility
to another party.
(2)
A proper legal description of the property proposed to be developed,
referenced to the U.S. Public Land Survey system or to block and lot
numbers within a recorded land subdivision plat.
(3)
Predevelopment site conditions, including:
(a)
One or more site maps at a scale of not less than one inch equals
100 feet. The site maps shall show the following: site location and
legal property description; predominant soil types and hydrologic
soil groups; existing cover type and condition; topographic contours
of the site at a scale not to exceed two feet; topography and drainage
network including enough of the contiguous properties to show runoff
patterns onto, through, and from the site; watercourses that may affect
or be affected by runoff from the site; flow path and direction for
all stormwater conveyance sections; watershed boundaries used in hydrology
determinations to show compliance with performance standards; lakes,
streams, wetlands, channels, ditches, and other watercourses on and
immediately adjacent to the site; limits of the regional flood (the
1% probability storm event) floodplain; location of wells and wellhead
protection areas covering the project area and delineated pursuant
to § NR 811.16, Wis. Adm. Code.
(b)
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. All major assumptions used
in developing input parameters shall be clearly stated. The geographic
areas used in making the calculations shall be clearly cross-referenced
to the required map(s).
(4)
Postdevelopment site conditions, including:
(a)
Explanation of the provisions to preserve and use natural topography
and land cover features to minimize changes in peak flow runoff rates
and volumes to surface waters and wetlands.
(b)
Explanation of any restrictions on stormwater management measures
in the development area imposed by wellhead protection plans and ordinances.
(c)
One or more site maps at a scale of not less than one inch equals
100 feet showing the following: postconstruction pervious areas including
vegetative cover type and condition; impervious surfaces including
all buildings, structures, and pavement; postconstruction topographic
contours of the site at a scale not to exceed two feet; postconstruction
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.
(d)
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. The computations shall be made
for each discharge point in the development, and the geographic areas
used in making the calculations shall be clearly cross-referenced
to the required map(s).
(e)
Results of investigations of soils and groundwater required
for the placement and design of stormwater management measures. Detailed
drawings including cross-sections and profiles of all permanent stormwater
conveyance and treatment practices.
(5)
A description and installation schedule for the stormwater management practices needed to meet the performance standards in § 285-28.
(6)
A maintenance plan developed for the life of each stormwater management
practice, including the required maintenance activities and maintenance
activity schedule.
(7)
Cost estimates for the construction, operation, and maintenance of
each stormwater management practice.
(8)
Other information requested in writing by the administering authority
to determine compliance of the proposed stormwater management measures
with the provisions of this article.
B.
Certification.
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 article.
A.
Maintenance agreement required. The maintenance agreement required under § 285-29B for stormwater management practices shall be an agreement between the Village and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.
B.
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 285-30A(6):
(1)
Identification of the stormwater facilities and designation of the
drainage area served by the facilities.
(2)
A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under § 285-29B.
(3)
Identification of the responsible party(ies), 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 § 285-29B.
(4)
Requirement that the responsible party(ies), organization, or city, county, town or village shall maintain stormwater management practices in accordance with the schedule included in Subsection B(2).
(5)
Authorization for the administering authority, its designee and the
Milwaukee Metropolitan Sewerage District to access the property to
conduct inspections of stormwater management practices as necessary
to ascertain that the practices are being maintained and operated
in accordance with the agreement.
(6)
A requirement on the administering authority to maintain public records
of the results of the site inspections, to inform the party responsible
for maintenance of the inspection results, and to specifically indicate
any corrective actions required to bring the stormwater management
practice into proper working condition.
(7)
Agreement that the party designated under Subsection B(3) of this section as responsible for long-term maintenance of the stormwater management practices shall be notified by the administering authority of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the administering authority.
(8)
Authorization of the administering authority to perform the corrected actions identified in the inspection report if the responsible party designated under Subsection B(3) does not make the required corrections in the specified time period. The administering authority shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to § 66.0627, Wis. Stats.
A.
Establishment of the guarantee. The administering authority may require
the submittal of a financial guarantee, the form and type of which
shall be subject to the approval of the administering authority. The
financial guarantee shall be in an amount determined by the administering
authority to be the estimated cost of construction and the estimated
cost of maintenance of the stormwater management practices during
the period which the designated party in the maintenance agreement
has maintenance responsibility. The financial guarantee shall give
the administering authority 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 or to use the funds to maintain the stormwater management practices
if the responsible party does not properly do so pursuant to the approved
stormwater management plan. The administering authority shall be entitled
to draw on the letter of credit upon written notice to the financial
institution holding the financial guarantee by the administering authority
that the requirements of this article have not been met. Additional
terms and conditions applicable to the financial guarantee may be
depicted in the maintenance agreement.
B.
Conditions for release. Conditions for the release of the financial
guarantee are as follows:
(1)
The administering authority shall release the portion of the financial
guarantee established under this section that applies to construction
of the stormwater practices, less any costs incurred by the administering
authority to complete installation of practices, upon submission of
"as built plans" by a licensed professional engineer which are approved
by the Director of Public Works/Village Engineer and document full
compliance. The administering authority may make provisions for a
partial pro rata release of the financial guarantee based on the completion
of various development stages.
(2)
The administering authority shall release the portion of the financial
guarantee established under this section to assure maintenance of
stormwater practices, less any costs incurred by the administering
authority, at such time that the responsibility for practice maintenance
is passed on to another entity via an approved maintenance agreement
and an approved financial guarantee.
The fees referred to in other sections of this article shall
be established by the Village Board and may from time to time be modified
by the Village Board. A schedule of the fees established by the administering
authority shall be available for review at the Village Hall.
A.
Any land-disturbing construction activity or postconstruction runoff
initiated after the effective date of this article by any person,
firm, association, or corporation subject to the provisions of this
article shall be deemed a violation unless conducted in accordance
with the requirements of this article.
B.
The administering authority shall notify the responsible party of
any noncomplying land disturbing construction activity or postconstruction
runoff. The notice shall describe the nature of the violation, remedial
actions needed, a schedule for remedial action, or additional enforcement
action which may be taken; however, the notice of enforcement shall
not limit or prevent the Village from pursuing different or alternative
means of enforcement than as described in the notice. Any technique
that effectively provides actual and verifiable notice may be used.
C.
Upon receipt of written notification from the administering authority under Subsection B, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the administering authority in the notice.
D.
If the violations to a permit issued pursuant to this article are
likely to result in damage to properties, public facilities, or waters
of the state, the administering authority may enter the land and take
corrective actions necessary to prevent such damage. The costs incurred
by the administering authority plus interest and legal costs shall
be paid by the responsible party.
E.
If the administering authority determines that any person is in violation
of this article or a stormwater permit, the administering authority
may issue a notice of violation, a stop-work order, or a cease-and-desist
order, or revoke the permit, or refer the noncompliance to the Village
Attorney for civil enforcement, penalties, injunctive orders or other
appropriate relief.
F.
Every violation of this article is a public nuisance and subject to prosecution under § 1-4 of the Fox Point Code.
G.
The administering authority may revoke a permit issued under this
article for noncompliance with the provisions of this article.
H.
Any permit revocation, stop-work order, or cease-and-desist order
shall remain in effect unless retracted by the administering authority
or by a court with jurisdiction.
I.
The administering authority is authorized to refer any violation
of this article, or of a stop-work order or cease-and-desist order
issued pursuant to this article, to the Village Attorney for the commencement
of further legal proceedings in any court with jurisdiction.
J.
Any person, firm, association, or corporation who does not comply with the provisions of this article shall be subject to the penalties described in § 1-4 of this Code. Each day that the violation exists shall constitute a separate offense.
K.
Compliance with the provisions of this article may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease-and-desist order before resorting
to injunctional proceedings.
L.
When the administering authority determines that the holder of a permit issued pursuant to this article has failed to follow practices, or has failed to comply with schedules in a stormwater management plan, the administering authority or a party designated by the administering authority may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The administering authority 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 § 285-32 of this article. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.
A.
Board of Appeals. The Board of Appeals shall hear and decide appeals
where it is alleged that there is error in any order, decision or
determination made by the administering authority in administering
this article. 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 that are not contrary
to the public interest, and where owing to special conditions unique
to the property, a literal enforcement would be an unnecessary hardship.
B.
Who may appeal. Appeals to the Board of Appeals may be taken by any
aggrieved person or by an officer, department, board, or bureau of
the Village of Fox Point affected by any decision of the administering
authority.
