[HISTORY: Adopted by the Town Board of the Town of Pacific 9-18-2012 by Ord. No. 2012-18. Amendments noted where applicable.]
The title of this chapter is "Stormwater Management." The purpose of this chapter is to promote the public health, safety, prosperity and general welfare of the citizens of the Town of Pacific and to conserve the soil, water and related resources; to prevent and control erosion and sedimentation; to prevent and control water pollution; to protect spawning grounds, fish and aquatic life; to control building sites, placement of structures and land uses; to control exceedance of the safe capacity of existing drainage facilities and receiving water bodies; to prevent undue channel erosion; control scouring and transportation of particulates and to prevent conditions that endanger downstream property. This chapter repeals and replaces any previously adopted Town ordinance as to those matters that are provided for in this chapter.
The Town Board of the Town of Pacific has the general authority under its town powers to adopt this chapter pursuant to §§ 60.10 and 61.34, Wis. Stats.
The Town finds that urbanizing land uses, including runoff from construction sites, have accelerated the process of soil erosion, runoff and sediment deposition in the waters of the Town and the state. It is, therefore, declared to be the policy of this chapter to protect water quality and provide for the control and, if possible, the prevention of soil erosion, and thereby to preserve the natural resources, control floods and prevent impairment of dams and reservoirs, protect the tax base, and protect and promote the health, safety and general welfare of the people of the Town.
This chapter applies to the use of lands within the political boundaries of the Town.
The following definitions are applicable to this chapter:
- 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.
- AVERAGE ANNUAL RAINFALL
- A calendar year of precipitation, excluding snow, which is considered typical.
- BEST MANAGEMENT PRACTICE or BMP
- Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.
- CONNECTED IMPERVIOUSNESS
- An impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious flow path.
- CONSTRUCTION SITE
- An area upon which one or more land-disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land-disturbing construction activities may be taking place at different times on different schedules but under one plan.
- DESIGN STORM
- A hypothetical discrete rainstorm characterized by a Type II SCS twenty-four-hour duration with a return frequency of one, two, 10, 25 or 100 years. Rainfall amounts for return frequencies are defined in the United States Department of Commerce's Technical Paper No. 40 (TP-40), Rainfall Frequency Atlas of the United States.
- 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 (SOIL EROSION)
- The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
- EROSION AND SEDIMENT CONTROL PLAN
- A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
- Any act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the conditions resulting therefrom.
- EXISTING GRADE
- The vertical location of the existing ground surface prior to excavation or filling.
- Any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by human forces to a new location, and shall include the conditions resulting therefrom.
- FINAL STABILIZATION
- Means 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 to employ equivalent permanent stabilization measures.
- GOVERNING BODY
- The Town of Pacific Plan Commission and Town Board.
- Altering the elevation of the land surface by stripping, excavating, filling or stockpiling of soil materials, or any combination thereof, and shall include the land from which the material was taken or upon which it was placed.
- 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, parking lots and streets are examples of areas that typically are impervious.
- 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 roadside channels designed for conveyance and pollutant removal only.
- KARST FEATURE
- 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.
- LAND-DISTURBING ACTIVITIES OR USES
- Any land alterations or disturbances which may result in soil erosion, sedimentation and/or the increase in runoff, including but not limited to tilling, removal of ground cover, grading, excavating and filling of land, except that the term shall not include such minor land-disturbing activities as home gardens and repair and maintenance of driveways. Additionally, this term does not include agricultural land uses if such are regulated at the federal, state or county level.
- LAND TREATMENT MEASURES
- Are structural or vegetative practices (including fencing), or combinations of both, used to control erosion, sediment and water runoff.
- LAND USERS
- Persons who use land, individually or collectively, as owners, operators, lessors, renters, occupiers who are providing a service that requires access or alterations of the land in order to perform the service, or by other arrangement which gives them the responsibility of private or public land use.
- Any person holding title to or having any interest in land.
- MAXIMUM EXTENT PRACTICABLE or MEP
- A level of implementing best management practices in order to achieve a performance standard specified in this chapter which takes into account the best available technology, cost-effectiveness and other competing issues such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. MEP allows flexibility in the way to meet the performance standards and may vary based on the performance standard and site conditions.
- ORDINARY HIGH-WATER MARK
- The meaning given in § NR 115.03(6), Wis. Adm. Code.
- All contiguous lands under the ownership or control of a landowner or land user.
- PEAK FLOW
- The maximum rate of flow of water at a given point in a channel, watercourse or conduit resulting from a predetermined storm or flood.
- PERFORMANCE STANDARD
- A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
- The signed, written statement issued under this chapter authorizing the applicant to engage in general land-disturbing uses specified and for a specified period of time.
- Any individual, corporation, limited liability company, partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency within Wisconsin, the federal government, and other legally recognized entity, or any combination thereof.
- 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.
- Any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
- Includes contaminating or rendering unclean or impure the waters of the state or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.
- 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.
- PUBLIC LANDS
- All lands which are subject to regulation by the Town, including, but not limited to:
- RESPONSIBLE PARTY
- Any person performing services to meet the performance standards of this chapter through a contract or other agreement.
- The portion of rainfall, melted snow or irrigation water that flows across the ground surface and eventually is returned to lakes or streams, creeks or other watercourses.
- Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity or ice, and has come to rest on the earth's surface at a different site.
- The transportation and deposition of sediment that may ultimately degrade water quality by the presence of suspended solid particles, derived from soils by erosion or discharged into surface waters from other sources; or the deposition of waterborne sediments in stream channels, lakes, reservoirs or on floodplains, usually because of a decrease in the velocity of the water.
- Stands for "Source Loading and Management Model," as developed by the Department of Engineering Professional Development, University of Wisconsin, Madison. SLAMM is a computer model used to evaluate the benefits of alternative stormwater treatment practices for both runoff quality and quantity in existing and developing areas.
- SOIL LOSS
- Soil movement from a given site because of land-disturbing activities or by the forces of erosion and redeposited at another site on land or in a body of water.
- STOP-WORK ORDER
- A means of giving notice that the Town Engineer believes that any landowner, land user and/or responsible party has violated one or more provisions of this chapter or that a land-disturbing activity is occurring without a control plan being approved and a permit being issued. Notice is given both by posting upon the lands where the land-disturbing activity occurs one or more copies of a written notice stating the violation and by mailing a copy of the notice by certified mail to landowner, land user, and/or responsible party at the appropriate address shown on the permit.
- STORM FREQUENCY
- The average period of time in which a storm of a given duration and intensity can be expected to be equaled or exceeded.
- STORM SEWER
- A closed conduit for conducting collected stormwater.
- STORMWATER DRAINAGE FACILITY
- Any element in a stormwater drainage system which is made or improved by human activity.
- STORMWATER DRAINAGE SYSTEM
- All facilities used for conducting stormwater to, through or from a drainage area to the point of final outlet, including but not limited to any of the following: conduits and appurtenant features, canals, channels, ditches, streams, culverts, streets and pumping stations.
- STORMWATER MANAGEMENT PLAN
- 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.
- 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.
- STORMWATER RUNOFF
- The waters derived from rains falling within a tributary drainage basin, flowing over the ground surface or collected in a water drainage system.
- STRUCTURAL MEASURES
- Works of improvement for land stabilization to prevent erosion, sediment or runoff, which include, but are not limited to, gully control structures, fencing, grass waterways, riprap, detention basins, sediment basins, flood retention dams, diversions, lining channels with rock, concrete or other materials. Contour strip cropping is not a structural measure.
- TECHNICAL STANDARD
- A document that specifies design, predicted performance, and operation and maintenance specifications for a material, device or method.
- TOWN ENGINEER
- The professional engineer designated by the Town Board or Town Plan Commission to administer this chapter, and includes any other persons who are supervised by the Engineer.
- 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.
- X-YEAR STORMS
- Those rainstorms of varying durations and intensities that have a calculated l/x chance of happening each year. On average, the storms are expected to recur one time in a given "x" year time period.
- X-YEAR STORM RUNOFFS
- The stormwater runoffs from the x-year storms.
Interpretation. Words used in the present tense include the future; the singular number includes the plural number, and the plural number includes the singular number. The word "shall" is mandatory and not directory.
General requirement. Any landowner, land user, and/or responsible party who undertakes, begins, commences or performs land-disturbing activities, or who permits another person to do the same, on land subject to this chapter shall be subject to the provisions of this chapter.
Activities subject to stormwater management. Activities on public or private lands shall be subject to this chapter, if:
The site has 43,560 square feet or more of land-disturbing activity; or
The site is a multifamily, commercial, industrial, recreational or institutional development with total planned impervious area in excess of 4,000 square feet; or
The site is part of a land division with any of the newly divided lots encompassing less than 20 acres; or
In the opinion of the Town Engineer, the runoff from the land-disturbing activity will create a hazard by exceeding the safe capacity of the receiving water body in the area, or will cause undue channel erosion or an undue increase in water pollution by increased scour and transport of particles, or will otherwise endanger the downstream property owners or their property. "Safe capacity" is defined as the rate of flow that can be handled without flooding.
Compliance with this section. The landowner, land user, and/or responsible party shall comply with this section by following the procedure of § 467-10 and receiving from the Town Engineer written approval of the control plan and a permit before commencement of any land-disturbing activities on lands subject to control under this section.
Any landowner, land user, and/or responsible party who permits excessive erosion of his/her land and sedimentation on adjacent land, public streets or bodies of water from land not otherwise subject to this chapter shall be deemed in violation of this chapter and subject to the penalties provided in § 467-14. Erosion is excessive if sedimentation of adjacent land, waterways, lakes and streams occurs or if the public health, safety or general welfare of the citizens of the Town is harmed. This section applies equally to any landowner, land user and/or responsible party who allows erosion of adjacent land due to uncontrolled runoff emanating from his/her land.
Effect of compliance. Compliance with the standards and criteria of this section shall not bar a nuisance action or other civil action brought by any injured public or private party for damage to property upon which the erosion directly occurred or to property or other rights which were damaged by erosion, sedimentation or runoff.
Standards for post-construction on-site detention and runoff control. The following methods shall be used in designing the water quality, peak flow shaving and infiltration components of stormwater practices needed to meet the water quality standards of this chapter:
Technical standards identified, developed or disseminated by the Wisconsin Department of Natural Resources under subch. V of Ch. NR 151, Wis. Adm. Code.
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 Town Engineer.
In this chapter, the following year and location has been selected as average annual rainfall(s): Madison, 1981 (March 12 to December 2).
Protective areas. For information regarding protective areas, please refer to Chapter 429, Erosion Control.
Performance standards - sediment control.
BMPs shall be designed, installed and maintained to control total suspended solids carried in runoff from the post-construction site, as follows:
For all new development, by design, reduce the total suspended solids load by 80%, based on average annual rainfall, as compared to no runoff management control.
For all redevelopment sites, by design, reduce the total suspended solids load by 40%, based on average annual rainfall, as compared to no runoff management control.
Notwithstanding Subsection E(1)(a) and (b), 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. Pollutant loading models such as SLAMM, P8 or equivalent methodology may be used to evaluate the efficiency of the design in reducing total suspended solids.
Performance standards - peak discharge.
By design, BMPs shall be employed to maintain or reduce the peak runoff discharge rates as compared to predevelopment conditions for the one-, two-, ten-, twenty-five- and one-hundred-year, twenty-four-hour design storms applicable to the post-construction site. Predevelopment conditions shall assume "good hydrologic conditions" for appropriate land covers as identified in TR-55 or an equivalent methodology. The meaning of "hydrologic soil group" and "runoff curve number" are as determined in TR-55. However, when predevelopment land cover is cropland, rather than using TR-55 values for cropland, the runoff curve numbers in Table 1 shall be used.
For post-development conditions, the hydrologic soil group shall be downgraded by one letter to account for soil compaction during construction.
Performance standards - infiltration. BMPs shall be designed, installed and maintained to infiltrate runoff in accordance with the following, except as provided in Subsection G(2)(d) and (e).
For residential developments one of the following shall be met:
Infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 90% of the predevelopment infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 1% of the project site is required as an effective infiltration area.
Infiltrate 25% of the post-development runoff from the two-year twenty-four-hour design storm with a Type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than 1% of the project site is required as an effective infiltration area.
For nonresidential development, including commercial, industrial and institutional development, one of the following shall be met:
Infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 60% of the predevelopment infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the project site is required as an effective infiltration area.
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.
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 the standards in this chapter. Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
To achieve the infiltration requirement for the parking lots or roads, "maximum extent practicable" should not be interpreted to require significant topography changes that create an excessive financial burden.
To minimize potential groundwater impacts, it is desirable to infiltrate the cleanest runoff. To achieve this, a design may propose greater infiltration of runoff from low-pollutant sources such as roofs and less from higher-pollutant-source areas such as parking lots.
The runoff from the following areas is prohibited from infiltrating due to the potential for groundwater contamination:
Areas associated with Tier 1 industrial facilities identified in § NR 216.21(2)(a), Wis. Adm. Code, including storage, loading, rooftop and parking.
Storage and loading areas of Tier 2 industrial facilities identified in § NR 216.21(2)(b), Wis. Adm. Code. Runoff from Tier 2 parking and rooftop areas may be infiltrated but may require pretreatment.
Fueling and vehicle maintenance areas.
Areas within 1,000 feet upgradient or within 100 feet downgradient of karst features.
Areas with less than three-foot separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock, except this section does not prohibit infiltration of roof runoff.
Areas with runoff from industrial, commercial and institutional parking lots and roads and residential arterial roads with less than five-foot separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock.
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.
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.
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.
The following are not required to meet the requirements of § 467-9G:
Areas where the infiltration rate of the soil is less than 0.6 inches/hour measured at the site.
Parking areas and access roads less than 5,000 square feet for commercial and industrial development.
Redevelopment post-construction sites.
Roads in commercial, industrial and institutional land uses and arterial residential roads.
Where alternate uses of runoff are employed, such as for toilet flushing, laundry or irrigation, such alternate use shall be given equal credit toward the infiltration volume required by this paragraph.
Infiltration systems designed in accordance with this paragraph 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.
Design criteria, engineering standards and general principles. The applicant for a permit may employ any structural or nonstructural measures believed to be necessary to achieve all applicable standards set out in this chapter. However, the Town Engineer is required to evaluate these measures to determine that they follow currently accepted design criteria and engineering standards. The following general principles shall be used by the Town Engineer when evaluating control plans and granting permits under this chapter:
[Amended 1-17-2017 by Ord. No. 2017-5]
Permit required; procedure and fee.
Unless specifically exempted from this chapter, no landowner, land user, and/or responsible party may undertake a land-disturbing activity subject to this chapter without receiving a permit from the Town Engineer prior to commencing the proposed activity. Each landowner, land user, and/or responsible party desiring to undertake a regulated activity subject to this chapter shall submit to the Town Engineer an application for a permit together with the appropriate fee required by this chapter.
This permit can act concurrently with the Town of Pacific erosion control permit or as a separate permit. In the event it is concurrent with an erosion control permit, it shall be entitled as a "stormwater management and erosion control permit."
Reimbursable services agreement required and escrow. Unless specifically exempted by this chapter, at the time of application every applicant shall be required to sign a reimbursable services agreement or predevelopment agreement supplied by the Town. The agreement shall provide that permits may be withdrawn if fees and charges owed to the Town are not timely paid and shall provide that the Town may collect delinquent fees as a special charge under § 66.0627, Wis. Stats., or through any other means provided by law. Once the completed application has been submitted, the Town Engineer shall prepare an estimate of the Town's review and inspection fees relating to that proposed stormwater management project. The applicant shall then be advised of the amount of that estimate and an amount equal to 120% of the estimated review and inspection fees shall then be deposited in an escrow account to be used toward payment of the Town's review fees. If the amount held in that escrow account falls below 25% of that estimate, the Town Engineer may require that the escrow account be replenished to cover the Town Engineer's estimate of the remaining review and inspection fees.
Control plan required.
Unless specifically exempted by this chapter, every applicant for a permit under this chapter shall develop and shall submit a written plan, with supporting documentation, to control stormwater runoff which would result from the proposed activity ("control plan"), which shall be reviewed and approved or disapproved by the Town Board or its designee prior to issuance of the permit.
The applicant, when applicable, shall also develop and submit a plan to control erosion and sedimentation as required in Chapter 429, Erosion Control, of the Code of the Town of Pacific.
The landowner, land user, and/or responsible party shall implement the post-construction stormwater management plan as approved by the Town Engineer.
Contents of the stormwater management plan. The control plan shall contain such information which the Town Engineer may reasonably need to determine runoff control. The Town Engineer may require the following, as well as any other information which, in the judgment of the Engineer, is needed to evaluate the control plan:
For information regarding reporting of sediment reduction, please refer to § 467-9E of this chapter.
For information regarding contents of the control plan, please refer to Chapter 429, Erosion Control, of the Code of the Town of Pacific.
Plans and hydraulic computations of all temporary or permanent structural or nonstructural measures or other protective devices to be constructed in connection with, or as part of, the proposed work, showing:
Estimated surface runoff of the area based upon one-, two-, ten-, twenty-five- and one-hundred-year frequency storm events. Peak flows based upon synthetic storm frequency events calculated using Urban Hydrology for Small Watersheds - TR55 shall be required in the event that storm runoff or stream flow data is not available in the area.
Estimated rate of discharge in cubic feet per second at the point or points of discharge from the site location based upon one-, two-, ten-, twenty-five- and one-hundred-year frequency storm events.
The storm event frequency or recurrence interval and discharge rate in cubic feet per second on which the design of plans for the site location is based.
Proposed provisions to carry runoff to the nearest adequate outlet, such as a curbed street, storm drain or natural drainageway.
Design computations and applicable assumptions for all structural measures for water management. Volume and velocity of flow shall be given for all surface water conveyance measures and pipe outfalls. Surface runoff computations shall be submitted to the Town Engineer in accordance with current administrative guidelines as approved by the Town Plan Commission.
Estimate of cost of water management structures and features.
Provisions for maintenance of control facilities, including easements and agreements, to ensure short- as well as long-term stormwater management.
Review of application and control plan and issuance of permits.
Prior to submitting the application, the applicant is to obtain the information on the permit requirements from the Town and shall discuss the site plan, site conditions and permit requirements with the Town Engineer. The applicant is to submit a completed permit application and any required application fee and control plan to the Town Clerk. One comprehensive electronic copy of the full submittal, in PDF format, is to be submitted, along with four comprehensive copies in printed form, identical in all respects to the electronic copy. The Town Clerk shall forward the control plan to the Town Engineer for review.
The Town Engineer shall review the control plan and provide a report to the Plan Commission. If additional information is required by the Town Engineer in order to evaluate the application, the Town Engineer shall so notify the applicant, who shall promptly submit the required information. Further review and approval or disapproval shall occur as specified in § 429-15 of this chapter, with applicable time limits determined from the date of receipt of the additional information.
The Plan Commission shall then review the application and the report from the Town Engineer and shall forward its recommendation to the Town Board.
If approved by the Town Board, the Town Engineer shall issue a letter permit to the applicant ("permittee"). Upon issuance of this permit, applicant still remains responsible for all other permits required by the Town.
Permit; conditions. All permits issued under this chapter shall be issued subject to the following conditions and requirements, and any landowner, land user, and/or responsible party who begins to perform any land-disturbing activity authorized by permit shall be deemed to have accepted all of these conditions:
All land disturbances, construction and development will be done pursuant to the control plan as approved by the Town Engineer.
The permittee shall give at least two working days' notice to the Town Engineer in advance of the start of any land-disturbing activity.
The permittee shall file a notice of completion of all land-disturbing activities and/or the completion of installation of all on-site detention facilities within 10 days after completion.
Approval in writing must be obtained from the Town Engineer prior to any modifications to the approved control plan.
The permittee will be responsible for maintaining all roads, road rights-of-way, streets, runoff and drainage facilities and drainageways as specified in the approved plan until they are accepted and dedicated to a governmental entity.
The permittee will be responsible for repairing any damage at his or her expense to all adjoining surfaces and drainageways caused by runoff and/or sedimentation resulting from activities which are not in compliance with the approved plan.
The permittee must provide and install at his or her expense all drainage, runoff control and erosion control improvements required by Town ordinance and the approved control plan and also must bear his or her proportionate share of the total cost of off-site improvements to drainageways based upon the existing developed drainage area or planned development of the drainage area, as determined by the Town Engineer.
No work will be done on the site during any period of time that the average hourly wind velocity at the location of the land-disturbing activity exceeds 20 miles per hour, unless provision has been made to eliminate dust or blowing dirt.
No portion of the land which undergoes the land-disturbing activity will be allowed to remain uncovered for greater than two weeks after notice is given to the Town Engineer that the land-disturbing activity is completed.
The permittee shall permit the Town Engineer to enter onto the land regulated under this chapter for the purpose of inspecting for compliance with the approved control plan and permit.
The permittee authorizes the Town Engineer to perform any work or operations necessary to bring the condition of the lands into conformity with the approved control plan, or plan as modified by the Town Engineer, and further consents to the Town placing the total of the costs and expenses of such work and operations upon the tax roll as a special tax against the property.
Upon recommendation of the Town Engineer and after approval of the Town Board, the permittee may be requested to provide as-built documentation that the required improvements were built to compliance with the approved plans. Such as-built plans shall be sealed by a registered land surveyor or registered professional engineer.
Permit duration. Permits issued under this chapter shall be valid for a period of six months from the date of issuance by the Town Engineer, and all work must be completed prior to the expiration date of the permit. The Town Engineer or Town Board may extend the expiration date of the permit if the Engineer finds that an extension will not cause an increase in erosion, sedimentation or runoff. The Town Engineer is further authorized to modify the plans if necessary to prevent any increase in sedimentation, erosion or runoff resulting from any extension.
Fees for engineering review and enforcement.
Any person who submits an application for approval of a stormwater management plan or issuance of a permit required by this chapter shall pay a filing fee in the amount established by the Town Board by resolution and, in addition, shall pay the Town's actual cost for engineering work by the Town Engineer incurred by the Town in connection with review of the erosion control plan, including any inspections and as-built surveys required to assure compliance with the plan. The fee shall be paid prior to issuance of the permit if the engineering review fees have been billed by that time. If billed to the Town after issuance of the permit, the fee shall be paid within 30 days of its receipt by the permittee. Failure to pay such fee within 30 days shall be grounds for revocation of the permit and issuance of a stop-work order. The Town may collect the unpaid fees by imposing a special charge upon the next tax roll of the parcel or parcels of real estate proposed to be or actually disturbed pursuant to § 66.0627, Wis. Stats., or through any other means provided by law.
If the Town Engineer is required to undertake any enforcement action under this chapter, all fees charged to the Town by the Engineer and/or the Town Attorney shall be collected by the Town from the landowner, land user, and/or responsible party violating this chapter, unless a court of record expressly dismisses an action to enforce this chapter or finds that the Engineer's actions lacked a reasonable basis under this chapter. If any fees are not paid within 30 days of billing, the Town may collect the fees by imposing a special charge upon the next tax roll against the real estate parcel or parcels proposed to be or actually disturbed pursuant to § 66.0627, Wis. Stats., or through any means provided by law.
The Town Engineer and/or Clerk shall have the discretion in connection with any significant land-disturbing activity to require that the applicant, prior to issuance of a permit, make an escrow deposit or, in lieu thereof, to furnish a performance bond in an amount equal to 120% of the estimated cost of all of the required control measures as determined by the Town Engineer, including the cost of inspections and related costs. In the sole discretion of the Town Engineer and/or Clerk, the applicant may also assure payment for the measures by filing an irrevocable letter of credit in favor of the Town, issued in the same amount for a sufficient duration to assure completion of the measures and in a form and drawn upon a national or state-chartered financial institution acceptable to the Town Engineer, Clerk and/or Town Attorney. The security deposited shall guarantee that all required control measures will be taken or installed according to the approved plan. The security shall remain in full force for the entire period of the permit unless released earlier by the Town. The Town shall have the right to draw upon the security for the purpose of obtaining compliance with the approved plan as it deems necessary. If the approved plan is included as part of plat or certified survey map conditions of approval, then the overall security for performance of the approved plan may be included as part of the overall security required for installation of improvements under Chapter 440, Land Division and Subdivision, of the Code of the Town of Pacific.
Land-disturbing activities commenced after the effective date of this chapter shall comply with all provisions of this chapter.
The builder shall be responsible for the cost of as-built survey, plan generation and Town review pursuant to this chapter and recommendations of the Town Engineer. The survey shall be conducted by an independent registered land surveyor (RLS) or registered professional engineer (RPE) and shall be subject to approval by the Town Engineer.
As-built record drawings. Subsequent to construction, the entire infrastructure improvements shall be surveyed and a map (or series of maps) shall be generated to create a record plan set for the project. If a project is under phased construction, each individual phase shall be as-built immediately subsequent to its respective construction completion. The following information shall be delivered through this process:
Roadside ditch grades (bottom of ditch, top of bank at ROW, top of bank beyond ROW, toe of slope); if no ditch exists, longitudinal slope shall be provided.
Culverts (inverts on each end; verify size and type).
Pipes (inlet inverts, manhole inverts, manhole rims, outlet inverts; verify size, type and grade).
Permanent erosion control facilities pursuant to requirements by the Town Engineer.
Stormwater management facilities pursuant to requirements by the Town Engineer.
Outlots and easements pursuant to requirements by the Town Engineer.
Stockpiles, retaining walls and other special features/structures pursuant to requirements by the Town Engineer.
The Town Engineer shall approve the density of topographic survey data obtained for all features to be verified for as-built map generation purposes.
For information regarding administration, please refer to Chapter 429, Erosion Control, of the Code of the Town of Pacific.
For information regarding violations, please refer to Chapter 429, Erosion Control, of the Code of the Town of Pacific.
Authority. The Town Board shall:
Hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Town Engineer in administering this chapter.
Authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter would result in unnecessary hardship or it is demonstrated that the provision is unnecessary, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. Variances shall not be granted solely on the basis of economic hardships.
Procedure. Appeal or variance requests must be submitted in writing and state the grounds for the appeal or variance. A filing fee in an amount established by the Town Board by resolution must accompany the appeal or variance request. Any appeal must be filed within 45 days of the order, decision, determination or inaction being appealed. The appeal or request for variance shall be heard by the Town Board within 45 days of receipt unless extension is agreed upon by all parties.
Who may appeal. Appeals may be taken by any person aggrieved or by an officer, department, board or bureau of the Town affected by the order, requirement, decision or determination made by the Town Engineer. For the purpose of this chapter, "aggrieved person" shall include any applicant, permittee, landowners, land users, and/or responsible party.
Administrative review. Pursuant to § 68.16, Wis. Stats., the Town Board elects that the procedures set forth in this section for administrative review of decisions under this chapter shall apply in lieu of the procedures of the Wisconsin Municipal Administrative Procedure Act, except for §§ 68.14 and 68.15, Wis. Stats.
Enforcement not stayed. The filing of an appeal or variance does not preclude the Town from commencing or continuing any of the enforcement actions set forth herein or a forfeiture proceeding unless the Town Board specifically agrees to stay such enforcement.