[HISTORY: Adopted by the Village Board of the Village of
Mount Horeb 9-5-2007 by Ord. No. 2007-19. Amendments noted where applicable.]
This chapter is adopted under the authority granted by §§ 61.34(1),
61.35, 61.354, 62.23 and 236.45, Wis. Stats.
(1)
Findings. The Village Board finds that construction site erosion
and uncontrolled stormwater runoff from land disturbing and land development
activities have significant adverse impacts upon regional water resources
and the health, safety, property and general welfare of the community,
and diminish the public enjoyment and use of natural resources.
(a)
Impacts to the human and natural environment. The Village Board
finds that effective sediment and stormwater management depends on
proper planning, design, and timely installation of conservation and
management practices and their continuing maintenance. Specifically,
soil erosion and stormwater runoff can:
1.
Carry sediment, nutrients, pathogens, organic matter, heavy
metals, toxins and other pollutants to regional lakes, streams and
wetlands;
2.
Diminish the capacity of water resources to support recreational
and water supply uses and a natural diversity of plant and animal
life;
3.
Clog existing drainage systems, increasing maintenance problems
and costs;
4.
Cause bank and channel erosion;
5.
Increase downstream flooding;
6.
Reduce groundwater recharge, which may diminish stream base
flows and lower water levels in regional lakes, ponds and wetlands;
7.
Contaminate drinking water supplies;
8.
Increase risk of property damage and personal injury; and
9.
Cause damage to agricultural fields and crops.
(b)
Comprehensive stormwater management plan. Because steep slopes,
extreme topography, and shallow depth to bedrock create challenges
to stormwater management, the Village Board commissioned the development
of a comprehensive stormwater management plan, and approved its recommendations
for managing stormwater runoff from existing development within the
Village, and from future development. This plan relies upon the use
of regional stormwater control measures to serve large watersheds,
and depends on the implementation of stormwater management practices
which are integrated and comply with the plan. Specifically, the Village
Board finds that adherence to the comprehensive stormwater management
plan, to the extent practicable, is in the public interest for the
following reasons:
1.
The comprehensive stormwater management plan provides a cost-effective
means of managing stormwater and maintaining stormwater control measures;
2.
Managing stormwater on a regional basis provides more effective
water quality protection than the use of dispersed, on-site control
measures;
3.
The use of regional off-site control measures may allow development
to proceed on sites where, because of topographical features, on-site
stormwater control measures are not practicable; and
4.
The discharge rates of off-site, regional stormwater control
measures may be better designed to prevent stormwater quantity problems
for downstream properties.
(2)
Purpose. It is the purpose of this chapter to preserve the natural
resources, to protect the quality of the waters of the state and the
Village and to protect and promote the health, safety and welfare
of the people by accomplishing the following objectives: Promote regional
stormwater management by watershed pursuant to the comprehensive stormwater
management plan;
(a)
Minimize sedimentation, water pollution from nutrients, heavy
metals, chemical and petroleum products and other contaminants, flooding
and thermal impacts to the water resources of the Village;
(b)
Promote infiltration and groundwater recharge;
(c)
Protect functional values of natural watercourses and wetlands;
(d)
Provide a set of performance standards consistent with the standards
set by Dane County;
(e)
Achieve an 80% reduction in sediment load rates to Dane County
waters compared to no controls for all new development, a 40% reduction
in sediment load rates compared to no controls for all redevelopment
and street reconstruction, and a 20% reduction in sediment load rates
compared to no controls for existing developments;
(f)
Ensure no increase in temperature of stormwater post-construction
in order to protect cold water communities;
(g)
For privately owned and maintained facilities, ensure no increase
in the rate of surface water runoff for the one-year, two-year, ten-year
and 100-year-storm events, and safely pass runoff from the 100-year-storm
events from sites during or after construction; and for publicly owned
and maintained facilities, ensure no increase in the rate of surface
water runoff for the one-, two-, ten-, and 100-year-storm events from
sites during or after construction.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(h)
Protect public and private property from damage resulting from
runoff or erosion.
As used in this chapter, the following terms shall have the
meanings indicated:
That a regulated activity has significantly:
Related to or used for the production of food and fiber including,
but not limited to, general farming, livestock and poultry enterprises,
grazing, nurseries, horticulture, viticulture, truck farming, forestry,
sod production, cranberry production and wild crop harvesting. Clearing
and grubbing of an area or structural development are not agricultural
activity.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
A calendar year of precipitation, excluding snow, which is
considered typical.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
The removal of soil or rock fragments along the banks or
bed of a stream channel resulting from high flow after rain events.
A practice, technique, or measure that is an effective, practical
means of preventing or reducing soil erosion or water pollution, or
both, from runoff both during and after land development activities.
These can include structural, vegetative or operational practices.
Surface waters capable of supporting a community of cold
water fish and other aquatic life, or serving as a spawning area for
cold water fish species (§ NR 102.04(3)(a), Wis. Adm. Code).
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
Preventing or reducing soil erosion in and sedimentation
from land disturbing activity.
Any of the following activities:
[Added at time of adoption of Code (see Ch. 1, General Government,
Art. V)]
Structural development, including construction of a new building
or other structure;
Expansion or alteration of an existing structure that results
in an increase in the ground surface dimensions of the building or
structure;
Land disturbing activities; or
Creation or expansion of impervious surfaces.
Wells, sinkholes, swalletts, fractured bedrock at the surface,
mine shafts, non-metallic mines, tile inlets discharging to groundwater,
quarries, or depressional groundwater recharge areas over shallow
fractured bedrock.
[Added at time of adoption of Code (see Ch. 1, General Government,
Art. V)]
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
Any act in 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 resulting
conditions.
Buildings and other structures and impervious area existing
prior to August 22, 2001.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported,
or moved to a new location and shall include the resulting conditions.
A surety bond, performance bond, maintenance bond, irrevocable
letter of credit, or similar guarantee satisfactory to the Village
to ensure that requirements of this chapter are carried out in compliance
with the stormwater management plan.
A severe loss of soil caused by or resulting in concentrated
flow of sufficient velocity to create a defined flow channel.
A site where an area of land is subjected to significant
compaction due to the removal of vegetative cover or earthmoving activities,
including filling.
Used in the runoff calculation methodology promulgated by
the United States Natural Resources Conservation Service Engineering
Field Manual for Conservation Practices.
Any land cover that prevents rain or melting snow from soaking
into the ground, such as roofs (including overhangs), roads, sidewalks,
patios, driveways and parking lots. For purposes of this chapter,
all road, driveway or parking surfaces including gravel surfaces,
shall be considered impervious, unless specifically designed to encourage
infiltration and approved by the local authority.
For the purposes of this chapter, refers to any precipitation
that does not leave the site as surface runoff.
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.
The Dane County Land Conservation Committee created under
§ 92.06, Wis. Stats.
Any land alterations or disturbances that may result in soil
erosion, sedimentation, or change in runoff, including, but not limited
to, removal of ground cover, grading, excavating, and filling of land.
Chapter 18, Subdivision and Platting, of the Village of Mount Horeb Code of Ordinances.
A site where an area of land is subjected to minor compaction
due to the limited removal of vegetative cover or earthmoving activities.
The Village of Mount Horeb.
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 performance standards and
may vary based on the performance standard and site conditions.
Any of the following activities:
Structural development, including construction of a new building
or other structures;
Expansion or alteration of an existing structure that results
in an increase in the surface dimensions of the building or structure;
Land disturbing activities; or
Creation or expansion of impervious surface.
A rate of flow of stormwater runoff, usually measured in
feet per second, that does not erode soils. Nonerosive velocities
vary for individual sites, taking into account topography, soil type,
and runoff rates.
The maximum rate of flow of water at a given point in a channel,
watercourse, or conduit resulting from the predetermined storm or
flood.
Any land cover that permits rain or melting snow to soak
into the ground.
The Dane County Land and Water Resources Department, or its
successor, in areas under the direct administrative jurisdiction of
Dane County as described in § 14.44(2) of the Dane County
Code of Ordinances. In incorporated areas of Dane County that have
adopted a local ordinance under § 14.44(3) of the Dane County
Code of Ordinances and are in compliance, the term means the municipal
staff, agency or qualified contracted entity charged by the local
unit of government with responsibility for reviewing stormwater and
erosion control plans under the local stormwater and erosion control
ordinance.
Village staff, or contracted entity charged by the Village
of Mount Horeb with responsibility for reviewing land divisions, certified
survey maps or subdivision plats, or any combination thereof, under
Ch. 236, Wis. Stats.
Refers to the extent and distribution of land cover types
anticipated to occur under conditions of full development of the submitted
plan. This term is used to match predevelopment and post-development
stormwater peak flows as required by this chapter.
Refers to the extent and distribution of land cover types
present before the initiation of the proposed land development activity,
assuming that all land uses prior to land disturbing activity are
in "good" condition as described in the Natural Resources Conservation
Service Technical Release 55, "Urban Hydrology for Small Watersheds"
(commonly known as "TR-55"). This term is used to match predevelopment
and post-development stormwater peak flows as required by this chapter.
In a situation where cumulative impervious surface created after August
21, 2001, exceeds the 20,000 square foot threshold, the predevelopment
conditions shall be those prior to the proposed land disturbance.
The portion of the average annual rainfall that infiltrates
the soil and becomes groundwater. Recharge does not include evaporation,
transpiration, or runoff from the site.
Any construction, alteration or improvement exceeding 4,000 square feet of land disturbance performed on sites where the existing site is predominantly developed as commercial, industrial, institutional or multifamily residential uses. Projects may include a mix of redevelopment and new impervious surfaces. New impervious surfaces added as a result of redevelopment are subject to § 20.05(1).
Has the meaning used in the runoff calculation methodology
promulgated by the United States Natural Resources Conservation Service
Engineering Field Manual for Conservation Practices.
Solid earth material, both mineral and organic, that is in
suspension, is being transported, or has been moved from its site
of origin by air, water, gravity or ice, and has come to rest on the
earth's surface at a different site.
The deposition of eroded soils at a site different from the
one where the erosion occurred.
A loss of soil caused by sheet flow or shallow concentrated
flow, and characterized by an absence of channeling or a relatively
uniform loss across the exposed upper layer of the soil or shallow
irregular scouring of the soil surface.
The bounded area described in an erosion control plan or
stormwater management plan.
The net vertical rise over horizontal run, expressed as a
percentage, which represents a relatively homogeneous surface incline
or decline over the area disturbed.
The rate, usually measured in tons per acre per year, at
which soil is transported beyond the perimeter of a given control
site and which occurs as a result of sheet and rill erosion. This
term does not apply to soil movement resulting from concentrated flow
such as gully or bank erosion.
The precipitation amounts that occur over a twenty-four-hour
period that have a specified recurrence interval for Dane County,
Wisconsin. For example, one-, two-, ten- and 100-year-storm events
mean the precipitation amounts that occur over a twenty-four-hour
period that have a recurrence interval of one, two, 10 and 100 years,
respectively.
The flow of water which results from, and which occurs during
and immediately following, a rainfall, snowmelt or ice melt event.
Any measures taken to permanently reduce or minimize the
negative impacts of stormwater runoff quantity and quality after land
development activities.
The waters derived from rains falling or snowmelt or ice
melt occurring within a drainage area, flowing over the surface of
the ground and collected in channels, watercourses or conduits.
Removal and replacement of the road subgrade, where existing
stormwater conveyance systems are modified.
Any human-made object with form, shape and utility, either
permanently or temporarily attached to, placed on, or set into the
ground, stream bed or lake bed.
Circumstance where special conditions, which were not self-created,
affect a particular property and make strict conformity with regulations
unnecessarily burdensome or unreasonable in light of the purposes
of this chapter.
Chapter 17, Zoning Code, of the Village of Mount Horeb Code of Ordinances.
Unless expressly exempted by § 20.06, an erosion control and stormwater management permit containing an approved erosion control plan under § 20.07 shall be required and all construction site erosion control provisions of this chapter shall apply to any of the following activities within the boundaries and jurisdiction of the Village:
(1)
Land disturbing activity in excess of 4,000 square feet;
(2)
Land disturbing activity on a slope of greater than 12%;
(3)
Land disturbing activity that involves the excavation or filling,
or a combination of excavation and filling, in excess of 400 cubic
yards of material;
(4)
Land disturbing activity that disturbs more than 100 linear feet
of road ditch, grass waterway or other land area where surface drainage
flows in a defined open channel, including the placement, repair or
removal of any underground pipe, utility or other facility within
the cross section of the channel;
(5)
Any new public or private roads or access drives longer than 125
feet;
(6)
Development that requires a subdivision plat as defined by Chapter 18, Subdivision and Platting, of this Code; or
(7)
Land disturbing activity that disturbs less than 4,000 square feet
of land, including the installation of access drives, that the Village
Engineer determines to have a high risk of soil erosion or water pollution,
or that may significantly impact a lake, stream, or wetland area.
Examples of activities with a high risk of soil erosion or water pollution
may include, but are not limited to, land disturbance on erodible
soil or disturbance adjacent to lakes, rivers, streams or wetlands.
All such determinations made by the Village Engineer shall be in writing,
unless waived by the applicant.
Unless otherwise exempted by § 20.06, an erosion control and stormwater management permit containing an approved stormwater control plan under § 20.07 shall be required and all stormwater management provisions of this chapter shall apply to any of the following activities within the boundaries and jurisdiction of the Village:
(1)
Any development after August 22, 2001, that results in the cumulative
addition of 20,000 square feet of impervious surface to the site.
(2)
Agricultural development that creates new impervious surface area
exceeding 20,000 square feet on the site.
(3)
Any development that requires a subdivision plat as defined by Chapter 18, Subdivision and Platting, of this Code.
(4)
Any development that requires a certified survey map, as defined in Chapter 18, Subdivision and Platting, of this Code, for property intended for commercial or industrial use.
(6)
Other land development activities, including but not limited to redevelopment
or alteration of existing buildings or other structure, that the Village
Engineer determines may significantly increase downstream runoff volumes,
flooding, soil erosion, water pollution or property damage, or significantly
impact a lake, stream, or wetland area. All such determinations shall
be made in writing.
(1)
Activities directly related to the planting, growing, and harvesting
of agricultural crops, except the construction of a building or other
structure, are exempt from all requirements of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(2)
The following activities are exempt from the construction site erosion control provisions of § 20.04
(a)
One-family and two-family dwelling units regulated under the
Wisconsin Uniform Dwelling Code. The Village shall regulate these
sites during the period that residential building permits are in effect,
consistent with then-existing Wisconsin Uniform Dwelling Code requirements.
Land disturbing activities in excess of one acre, or not associated
with the construction of a building, are not exempt from this chapter.
(b)
Projects specifically exempted from local erosion control ordinances
under state or federal statute. It is the responsibility of the landowner
to demonstrate such exemption with documentation acceptable to the
Village.
(d)
Municipal road or county highway projects not exempted under § 20.06(2)(b) are exempt from § 20.10(2)(c) where all of the following conditions are met:
(e)
Soil conservation, stream and adjacent wetland protection and restoration practices such as terraces, runoff diversions, grassed waterways, cattle and equipment crossings, cattle watering access, water control structures, dikes, ditch plugs, tile breaks and sediment removal catchments, when implemented according to plans and designs approved by the Natural Resources Conservation Service or U.S. Fish & Wildlife Service of the U.S. Department of the Interior, Wisconsin Department of Natural Resources or the Dane County Land and Water Resources Department, provided that any project involving land disturbing activity equal to or greater than one acre shall comply with the performance standards in § 20.09(4).
[Added at time of adoption of Code (see Ch. 1, General Government,
Art. V)]
(3)
The following activities are exempt from the infiltration standards described in § 20.10(2)(f):
(a)
Redevelopment sites.
(b)
New development sites with less than 10% connected imperviousness
based on complete development of the post-construction site, provided
the cumulative area of all impervious surface is less than one acre.
(c)
Agricultural facilities and practices.
(d)
Areas where the infiltration rate of the soil is less than 0.6
inches per hour measured at the bottom of the proposed infiltration
system where the soil layer is not easily removed or manipulated.
(e)
Parking areas and access roads less than 5,000 square feet for
commercial and industrial development.
(f)
Roads in commercial, industrial and institutional land uses,
and arterial roads.
(2)
Application requirements. At least one landowner, occupant or user
controlling, occupying or using the site and desiring to undertake
a land disturbing or land developing activity subject to this chapter
shall provide the following when requesting a permit:
(a)
A completed erosion control and stormwater management permit
application.
1.
The application must be signed by the landowner or include a
notarized statement signed by the landowner authorizing the applicant
to act as the landowner's agent and bind the landowner to the terms
of this chapter.
2.
If a landowner appoints an agent to submit an application pursuant to § 20.07(2)(a)1, the landowner shall be bound by all of the requirements of this chapter and the terms of any permit issued to the agent.
(e)
Copies of permits, permit applications or approvals required
by any other governmental entity.
(f)
A proposed timetable and schedule for completion and installation
of all elements of approved erosion control and stormwater management
plans.
(g)
An estimate of the cost of completion and installation of all
elements of the approved erosion control and stormwater management
plans.
(3)
Approval process.
(a)
Within seven days following the submission of the application
and appropriate fees to the Village Engineer, the Village Engineer
shall verify that the permit application is complete.
(c)
Within 21 days after receiving complete plans from the applicant,
the Village Engineer shall either approve the submitted plan or notify
the applicant, in writing, of any deficiencies and the applicant shall
be given an opportunity to correct any deficiency.
(d)
When installed stormwater control measures will be privately owned, a long-term maintenance agreement complying with the provisions of § 20.12 shall be recorded with the Dane County Register of Deeds prior to the issuance of a permit under this chapter.
(e)
The erosion control and stormwater management permit shall be
issued by the Village Engineer after approval.
(4)
Permit conditions. All permits shall contain the following requirements:
(a)
The permittee shall notify the Village Building Inspector at
least one working day prior to commencing any land developing or land
disturbing activity.
(b)
The erosion control plan shall be implemented prior to the start
of any land disturbing activity and shall be maintained over the duration
of the project. Any stormwater control components of the plan shall
be maintained in perpetuity.
(c)
The permittee is responsible for successful completion of the
erosion control plan and the stormwater management plan. The permittee
shall be liable for all costs incurred, including environmental restoration
costs, resulting from noncompliance with an approved plan.
(d)
The permittee shall inspect the erosion control measures after
each rain of 0.5 inch or more, and at least once a week and make any
needed repairs.
(e)
Application for a permit shall constitute express permission by the permittee and landowner for the Village or its designee to enter the property for the purposes of inspection under § 20.08 or curative action under § 20.15(4). The application form shall advise the applicant and landowner of this requirement.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(f)
If required under § 20.11, the permittee shall pay a proportionate share of the cost of public drainageway, stream channel or other improvements and control measures serving or that will serve the site.
(g)
All incidental mud tracking off-site onto adjacent public thoroughfares
shall be cleaned up and removed by the end of each working day using
proper disposal methods.
(h)
Any amendments or modifications to the permit or approved plan(s)
shall require prior written approval from the Village.
(5)
Permit transfers.
(a)
Erosion control and stormwater management permits issued under
this chapter are not transferable without prior written approval by
the Village.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(b)
When a landowner wants to transfer an interest in property subject
to an approved plan prior to completion of the proposed steps to attain
soil stabilization, the permittee must secure approval from the Village.
(c)
When a landowner transfers ownership, possession or control
of real estate, subject to either or both an incomplete erosion control
or stormwater management plan, the landowner may transfer his or her
obligations under the permit under the following arrangements:
1.
The transferee shall file a new, approved erosion control or
stormwater plan, or both, with the Village Building Inspector.
2.
The transferee shall complete an approved assignment form from
the Village.
3.
The financial security held by the Village may be released to the transferor if transferee provides financial security for the remaining obligations under the permit, following the procedures in § 20.07(6).
4.
If the assignment is approved, the transferee shall be responsible
for the remaining unfulfilled obligations of the erosion control and
stormwater management permit, including long-term maintenance.
(6)
Financial guarantee. The Village may require the applicant to enter a development agreement with the Village providing for the full implementation of the erosion control and stormwater management plan. The Village may require the submittal of a letter of credit prior to issuance of the permit in order to ensure that the stormwater measures are installed by the permit holder as required by the stormwater management plan. The amount of the financial guarantee, determined by the Village Engineer, shall not exceed the total estimated costs to install the stormwater management measures approved under the permit plus 15%. If the construction of erosion control and stormwater management measures required by this chapter are required by a development agreement in connection with a plat or certified survey map, then, security for performance of the control requirements may be included as part of the overall security required for installation of improvements under Chapter 18, Subdivision and Platting, of this Code. The financial guarantee shall be released in full only upon determination by the Village Engineer that the stormwater practice has been installed in accordance with the approved plan and other applicable provisions of this chapter. The Village Engineer may make provisions for a partial pro rata release of the financial guarantee based on the completion of various development stages.
(7)
Plan or permit amendments. Any proposed modifications to approved
plans, construction schedules or alterations to accepted sequencing
of land disturbing site activities shall be approved by the Village
Engineer prior to implementation. A maximum of five permit revisions
may be allowed.
[Added at time of adoption of Code (see Ch. 1, General Government,
Art. V)]
(1)
Application for a permit under this chapter shall constitute permission by the applicant and the landowner for the Village to enter the property and inspect during the construction phase prior to inspections pursuant to § 20.08(4) and (6), as necessary, to confirm compliance with requirements of this chapter and the approved control plans.
(2)
As part of the plan approval process, the Village Engineer shall
determine the minimum number of inspections required to assure compliance.
The site of any regulated land disturbing activity shall be inspected
once every 30 days, or more frequently as determined by the Village
Engineer, during the construction phase.
(3)
The permittee will notify the Village within 10 days after installation
of all practices in an approved erosion control plan and achievement
of soil stabilization.
(4)
The Village shall inspect the property to verify compliance with
the erosion control plan within 10 days of notification of soil stabilization.
(5)
Within 10 days after installation of all practices in an approved
stormwater management plan, the permittee shall notify the Village
and submit as-built drawings documenting construction to ensure that
constructed stormwater management practices and conveyance systems
comply with the specifications included in the approved plans. At
minimum, as-built plans shall include a set of drawings comparing
the approved stormwater management plan with what was constructed.
Other information shall be submitted as required by the Village.
(6)
The Village shall inspect the property to verify compliance within
10 days of notification that stormwater practices are ready for inspection.
(7)
Maintenance is the responsibility of the landowner. Facilities are
subject to inspection and orders for repairs.
(1)
Plan materials. Erosion control plans required under § 20.04 may include consideration of adjoining landowners' cooperative efforts to control transport of sediment and except as specifically exempted by the Village, shall include at a minimum, the following information:
(a)
Property lines, lot dimensions, and limits of disturbed area;
(b)
Limits of impervious area, including buildings. Include all
public and private roads, interior roads, driveways, parking lots,
and indicate type of paving and surfacing material;
(c)
All natural and artificial water features including, but not
limited to, lakes, ponds, streams (including intermittent streams),
and ditches; and areas of natural woodland or prairie. The plan must
show ordinary high-water marks of all navigable waters, 100-year flood
elevations and delineated wetland boundaries. A certified flood zone
determination and/or wetland delineation may be required at the applicant's
expense;
(d)
Cross sections of and profiles of channels, swales, and road
ditches;
(e)
Culvert sizes;
(f)
Direction of flow of runoff;
(g)
Watershed size for each drainage area;
(h)
Design discharge for ditches and structural measures;
(i)
Runoff velocities;
(j)
Fertilizer and seeding rates and recommendations;
(k)
Time schedules for stabilization of ditches and slopes;
(l)
Description of methods by which sites are to be stabilized including
time schedules to be developed and a detailed schedule for land disturbance
stabilization of ditches and slopes;
(m)
Provision for sequential steps mitigating erosive effect of
land disturbing activities to be followed in appropriate order and
in a manner consistent with accepted erosion control methodology suitable
to proposed sites and amenable to prompt revegetation, including runoff
calculations as appropriate;
(n)
Provisions to prevent mud tracking off-site onto public thoroughfares
during the construction period;
(o)
Provisions to disconnect impervious surfaces, where feasible;
(p)
Provisions to prevent sediment delivery to, and accumulation
in, any proposed or existing stormwater conveyance systems;
(q)
Copies of permits or permit applications required by any other
unit of government or agency;
(r)
Existing and proposed elevations (referenced to the North American
Vertical Datum of 1988 (NAVD 88, where available) and existing and
proposed contours in the area, where deemed necessary;
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(s)
Any other information necessary to reasonably determine the
location, nature and condition of any physical or environmental features
of the site.
(2)
Specific requirements. The control plan for all sites not subject to the checklist plan as described in Subsection (3) must include the following requirements:
(a)
Water pumped from the site shall be discharged in a manner so
as to minimize the discharge of sediment into drainage facilities.
Water may not be discharged in a manner that causes erosion of the
site or receiving channels.
(b)
All existing and newly constructed storm drain inlets receiving
runoff from the site shall be protected with WisDOT Type D inlet filters
or equivalent. Inlet filters shall be maintained by the permit holder
during the construction period and during any maintenance guarantee
period required by a developer agreement. On completion of construction,
or where required, upon expiration of the guarantee period, the permit
holder shall remove the inlet filters.
(c)
Runoff from all areas upslope to the site shall be diverted
around disturbed areas whenever possible. Diverted runoff shall be
conveyed in a manner that will not erode the receiving channels.
(d)
All activities on the site shall be conducted in a logical sequence
to minimize the area of bare soil exposed at any one time.
(e)
All soil spoil piles intended to remain for more than seven
days shall be seeded and mulched and protected on the downslope side
with silt fence.
(f)
All terraces on newly constructed public streets which are not
seeded and mulched prior to September 15 in the year of construction
shall be seeded and covered with straw erosion mat approved by the
Village Engineer. In addition, in areas having slopes greater than
5%, a fifteen-foot-wide strip of approved erosion mat shall be placed
immediately behind the street right-of-way. For the purpose of this
section, terrace means the area between the pavement or curb, and
the street right-of-way line.
(3)
Checklist control plan.
(a)
When allowed. Applicants may submit erosion control proposals
using a standard form provided by the Village, using simplified checklists
of standard erosion control measures, if all of the following conditions
exist:
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(b)
Checklist control plan approval. Simplified plan checklists
shall be reviewed by the Village Building Inspector for completeness
and compliance with the intent of this chapter.
(4)
Erosion control performance standards.
(a)
Proposed design, suggested location and phased implementation
of effective practicable erosion control measures for all erosion
control plans shall be designed, engineered, and implemented to achieve
the following results:
1.
Prevent gully and bank erosion;
2.
Limit total off-site permissible annual aggregate soil loss
for exposed areas resulting from sheet and rill erosion to an annual,
cumulative soil loss rate not to exceed 7.5 tons per acre annually;
3.
Discharges from new construction sites must have a stable outlet capable of carrying design flow as required in § 20.10(2)(e), at a nonerosive velocity. Outlet design must consider flow capacity and flow direction. This requirement applies to both the site outlet and the ultimate outlet to stormwater conveyance or water body.
(b)
Plan compliance under Subsection (4)(a) shall be determined using the U.S. Natural Resources Conservation Service Technical Guide or another commonly accepted soil erosion methodology approved by the Dane County Conservationist, that considers season of year, site characteristics, soil erodibility, and slope.
(c)
Erosion control measures for plan approval need not attempt
to regulate soil transportation within the boundaries of the applicant's
site.
(d)
Grade.
[Added at time of adoption of Code (see Ch. 1, General Government,
Art. V)]
1.
Except
as authorized in this section, the topography within five feet of
any property line at the commencement of any development shall remain
unchanged.
a.
When land disturbing activities associated with development occur
within five feet of any property line, finished grades in that area
shall be restored to the topography in existence before the land disturbing
activity began. A positive slope of 1/2 inch vertical per one foot
horizontal within five feet of the property line is allowed to provide
proper drainage away from a one- or two-family residence.
b.
The established grade of the adjoining property shall determine the
finished grade at the property line for any development. The owner
of the property under development bears the burden of proof as to
the established grade at the property line and the topography within
five feet of the property line. The Building Inspector or Village
Engineer may require detailed site grading plans of existing and proposed
conditions to be submitted before commencement of land disturbing
activities.
2.
Existing
drainageways and drainage easements along property lines shall be
maintained, including, but not limited to, natural watercourses and
stormwater management areas shown on subdivision plats and certified
survey maps.
3.
Following
a written application, the Village Engineer may authorize exceptions
resulting in changes to the existing topography at and within five
feet of any property line that would promote the purposes stated in
this chapter. An exception authorized under this subsection may not
direct additional stormwater runoff toward adjacent properties. Proposed
exceptions may include, but are not limited to, retaining walls, berms
and other structures, and other changes to existing grade at and within
five feet of a property line. The Village Engineer may require the
submittal of detailed site grading plans of existing and proposed
conditions, including, but not limited to, detailed topographical
information of the subject and adjoining properties, before land disturbing
activities commence.
(5)
Other construction site control measures. Other control measures
shall be used when necessary to prevent excessive runoff, sediment
or other pollutant discharge to waters of the State and the Village.
(1)
Plan materials. Stormwater management plans shall satisfy all of the requirements in Subsections (2) through (4), and shall address at a minimum the following information:
(a)
A narrative describing the proposed project, including implementation
schedule for planned practices;
(b)
Identification of the entity responsible for long-term maintenance
of the project;
(c)
A map showing drainage areas for each watershed area;
(d)
A summary of runoff peak flow rate calculations, by watershed
area, including:
1.
Preexisting flow rates;
2.
Post-construction peak flow rates with no detention;
3.
Post-construction peak flow rates with detention;
4.
Assumed runoff curve numbers (RCNs); and
5.
Time of concentration (Tc) and flow paths used in calculations.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(e)
A complete site plan and specifications, signed by the person
who designed the plan. All plans shall be drawn on a scale of at least
one inch equaling 100 feet, but no larger than one inch equaling 20
feet, shall be clearly labeled, and shall include, at a minimum, all
of the following information:
1.
Property lines and lot dimensions;
2.
All buildings and outdoor uses, existing and proposed, including
all dimensions and setbacks;
3.
All public and private roads, interior roads, driveways and
parking lots. Show traffic patterns and type of paving and surfacing
material;
4.
All natural and artificial water features, including but not
limited to, lakes, ponds, streams (including intermittent streams),
and ditches. Show ordinary high water marks of all navigable waters,
100-year flood elevations and delineated wetland boundaries, if any.
If not available, appropriate flood zone determination or wetland
delineation, or both, may be required at the applicant's expense;
5.
Depth to bedrock;
6.
Depth to seasonal high-water table;
7.
The extent and location of all soil types as described by the
Dane County Soil Survey, slopes exceeding 12%, and areas of natural
woodland or prairie;
8.
Existing and proposed elevations (referenced to the North American
Vertical Datum of 1988, where available) and existing and proposed
contours in the area requiring a grading and filling permit;
9.
Elevations, sections, profiles, and details as needed to describe
all natural and artificial features of the project;
10.
Soil erosion control and overland runoff control measures, including
runoff calculations as appropriate;
11.
Detailed construction schedule;
12.
Copies of permits or permit applications required by any other
governmental entities or agencies;
13.
Any other information necessary to reasonably determine the
location, nature and condition of any physical or environmental features;
14.
Location of all stormwater management practices;
15.
All existing and proposed drainage features;
16.
The location and area of all existing and proposed impervious
surfaces; and
17.
The limits and area of the disturbed area.
(f)
Engineered designs for all structural management practices and
a narrative describing maintenance practices to be implemented to
maintain all practices at a functional level equal to or exceeding
that contemplated by the plan;
(g)
A description of methods to control oil and grease or written
justification for not providing such control;
(i)
A maintenance plan and schedule for all maintenance of permanent stormwater management practices as recorded on the long-term maintenance agreement required in § 20.12(1);
(k)
Where applicable, a description of the methods to remove temporary
stormwater management control measures following the installation
of public stormwater management measures, and the methods by which
the site will be stabilized and remediated.
(2)
Stormwater management performance standards. Proposed design, suggested
location and phased implementation of effective, practicable, stormwater
management measures for plans shall be designed, engineered and implemented
to achieve the following results:
(a)
Sediment control.
1.
For new construction, design practices shall retain soil particles
greater than five microns on the site (80% reduction) resulting from
a one-year twenty-four-hour storm event (2.5 inches over a twenty-four-hour
duration), according to approved procedures, and assuming no sediment
resuspension;
2.
For redevelopment resulting in exposed surface parking lots
and associated traffic areas, design practice shall retain soil particles
greater than 20 microns on the entire site (40% reduction) resulting
from a one-year twenty-four-hour storm event, according to approved
procedures, and assuming no sediment resuspension. Under no circumstances
shall the site's existing sediment control level or trapping efficiency
be reduced as a result of the redevelopment;
(b)
Oil and grease control. For all stormwater plans for commercial
or industrial developments and all other uses where the potential
for pollution by oil or grease, or both, exists, the first 0.5 inch
of runoff will be treated using the best oil and grease removal technology
available. This requirement may be waived by the Village Engineer
only when the applicant can demonstrate that installation of such
practices is not necessary.
(c)
Runoff curve number. The maximum runoff curve number (RCN) used
in such calculations shall be those shown in Table 1. The TR-55 specified
curve numbers for other land uses shall be used. Heavily disturbed
sites will be lowered one permeability class for hydrologic calculations.
Lightly disturbed areas require no modification. Where practices have
been implemented to restore soil structure to predeveloped conditions,
no permeability class modification is required.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
|
Table 1. Maximum Predevelopment Runoff Curve Numbers
| ||||
|---|---|---|---|---|
|
Runoff Curve Number
|
Hydrologic Soil Group*
| |||
|
A
|
B
|
C
|
D
| |
|
Woodland
|
30
|
55
|
70
|
77
|
|
Grassland
|
39
|
61
|
71
|
78
|
|
Cropland
|
51
|
68
|
78
|
83
|
|
NOTES:
| |
|
*
|
When dual HSG are specified, the drained condition will be assumed.
|
(d)
Runoff rate control — design standards. Except for redevelopment
projects, all stormwater facilities shall be designed, installed and
maintained to effectively accomplish the following:
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
1.
Maintain predevelopment peak runoff rates for the one-year,
twenty-four-hour storm event (2.49 inches over 24 hours' duration
using the NRCS MSE4 storm distribution).
2.
Maintain
predevelopment peak runoff rates for the two-year, twenty-four-hour
storm event (2.84 inches over 24 hours' duration using the NRCS MSE4
storm distribution).
3.
Maintain predevelopment peak runoff rates for the ten-year,
twenty-four-hour storm event (4.09 inches over 24 hours' duration)
using the NRCS MSE4 storm distribution.
4.
Maintain predevelopment peak runoff rates for the 100-year,
twenty-four-hour storm event (6.66 inches over 24 hour duration using
the NRCS MSE4 storm distribution).
(e)
Outlets. Discharges from new construction sites must have a stable outlet capable of carrying the design flow as required in Subsection (2)(d) at a nonerosive velocity. Outlet design must consider flow capacity and flow duration. This requirement applies to both the site outlet and the ultimate outlet to stormwater conveyance or water body.
(f)
Infiltration.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
1.
For both residential and nonresidential developments, design
practices shall infiltrate sufficient runoff volume so that post-development
infiltration volume will be at least 90% of the predevelopment infiltration
volume, based upon average annual rainfall.
2.
The maximum predevelopment runoff curve number (RCN) used in the calculations shall be those as specified in § 20.10(2)(c), Table 1.
3.
If,
when designing appropriate infiltration systems, more than 2% of the
site is required to be used as effective infiltration area, the applicant
may alternately design infiltration systems and pervious surfaces
to meet or exceed the annual predevelopment recharge rate. The annual
predevelopment recharge rate shall be determined from the Wisconsin
Geological and Natural History Survey's 2009 report, Groundwater Recharge
in Dane County, Estimated by a GIS-Based Water-Balanced Model or subsequent
updates to this report, or by a site specific analysis using other
appropriate techniques. If this alternative design approach is taken,
at least 2% of the site must be used for infiltration.
4.
Pretreatment. Before infiltrating runoff, pretreatment shall
be required for parking lot runoff and for runoff from new road construction
in commercial, industrial and institutional areas that will enter
an infiltration system. The pretreatment shall be designed to protect
the infiltration system from clogging prior to scheduled maintenance
and to protect groundwater quality.
5.
Prohibitions. Notwithstanding Subsection (2)(f)1 through 3, infiltration systems may not be installed in any of the following areas:
a.
Areas associated with Tier 1 industrial facilities identified
in § NR 216.21(2)(a), Wis. Adm. Code, including storage,
loading, rooftop and parking.
b.
Storage and loading areas of tier two industrial facilities
identified in § NR 216.21(2)(b), Wis. Adm. Code.
c.
Fueling and vehicle maintenance areas.
d.
Areas within 1,000 feet up gradient or within 100 feet downgradient
of Karst features or direct conduits to groundwater.
e.
Separation distances: Infiltration practices shall be located
so that the characteristics of the soil and the separation distance
between the bottom of the infiltration system and the elevation of
seasonal high groundwater or the top of bedrock are in accordance
with Table 2, below. 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, are to be in accordance with
Table 2, except that this provision does not prohibit infiltration
of roof runoff.
|
Table 2. Separation Distances and Soil Characteristics
| ||
|---|---|---|
|
Source Area
|
Separation Distance
|
Soil Characteristics
|
|
Industrial, commercial, institutional parking lots and roads
|
5 feet or more
|
Filtering layer
|
|
Residential arterial roads
|
5 feet or more
|
Filtering layer
|
|
Roofs draining to subsurface infiltration practices
|
1 foot or more
|
Native or engineered soil with particles finer than coarse sand
|
|
Roofs draining to surface infiltration practices
|
3 feet or more
|
Native or engineered soil with particles
|
|
All other impervious source areas
|
3 feet or more
|
Filtering layer
|
f.
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.
g.
Areas within 400 feet of a community water system well as specified
in § NR 811.16(4), Wis. Adm. Code, for runoff infiltrated
from commercial, industrial and institutional land uses or regional
devices for residential development.
h.
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.
6.
Alternate use of runoff. Where alternate uses of runoff are
employed, such as for toilet flushing, laundry or irrigation, such
alternate use shall be given equal credit toward the infiltration
volume required by this section.
7.
Minimizing groundwater pollution. According to Ch. NR 151, Wis.
Adm. Code, infiltration systems designed in accordance with this section
shall, to the extent technically and economically feasible, minimize
the level of pollutants infiltrating to groundwater and shall maintain
compliance with the 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 the preventive
action limit is not achievable, the infiltration system may not be
installed or shall be modified to prevent infiltration to the maximum
extent practicable.
(g)
Thermal control. The stormwater management plan shall include
provisions and practices to reduce the temperature of runoff for sites
located within the watershed of a river or stream identified by the
Wisconsin Department of Natural Resources as:
1.
A cold water community as identified through § NR
102.04(3)(a), Ch. NR 104, Wis. Adm. Code, and Class I, Class II, and
Class III Trout Streams identified in "Wisconsin Trout Streams," DNR
publication PUB-FH-806-2002, or its successor.
2.
Rivers or streams proposed by the Wisconsin Department of Natural
Resources as cold water communities and Class I, Class II, and Class
III Trout Streams.
3.
A current list and maps of affected watersheds shall be available
for reference from the Village Clerk.
|
The stormwater management plan does not have to meet the requirement in § 20.10(2)(g) if the applicant can justify by use of a model approved by the Dane County Conservationist that the practices are not necessary because the temperature increase of runoff from the site post-development will be zero.
|
(3)
Stormwater management goals. The following standards shall be met
whenever possible, and proposed design, suggested location and implementation
of practices to meet these goals shall be included in plans:
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(a)
For
existing development, design practices shall, whenever feasible, retain
soil parcels greater than 20 microns on the site (40% reduction) resulting
from a one-year twenty-four-hour storm event, according to approved
procedures, and assuming no sediment resuspension. Proposed design,
suggested location and implementation of practices to meet this goal
shall be included in stormwater management plans.
(b)
For
street reconstruction, design practices to retain soil particles greater
than 20 microns on the site (40% reduction) resulting from a one-year,
twenty-four-hour storm event, according to approved procedures, and
assuming no sediment resuspension.
(4)
Compliance with Village-approved comprehensive stormwater management
plan. For any land disturbing activity located within an area for
which a comprehensive stormwater management plan has been approved
by the Village Plan Commission and Board, the applicant shall design
practices and measures to be integrated with and comply with the approved
study or plan, provided such practices and measures meet or exceed
all the standards set forth in this chapter and, in the opinion of
the Village Engineer, afford protection equal or superior to those
otherwise required by this chapter. All other provisions of this chapter
shall continue to apply.
(1)
FACILITY COST
PUBLIC FACILITY
SUBJECT PROPERTY
SUBJECT PROPERTY PROPORTIONATE COST SHARE
SUBJECT PROPERTY PROPORTIONATE LAND SHARE
Definitions. In this section, the following terms have the following
meanings:
The total cost of a public facility, including the cost of
land and land acquisition, design, construction, engineering services,
legal services and financing costs incurred in constructing a public
facility, and interest on any debt issued to pay any such costs.
A Village-owned stormwater management measure.
A parcel or parcels of land on which the applicant proposes
to conduct activities requiring an erosion control and stormwater
management permit under this chapter.
That portion of the total facility cost that is attributable
to a subject property. In calculating the subject property proportionate
cost share, the ratio of the subject property proportionate cost share
of the facility cost to the total facility cost shall be in proportion
to the ratio of the product resulting from multiplying the subject
property's parcel area by the subject property's post-development
composite runoff curve number served by the public facility divided
by the product resulting from multiplying the total land area served
by the public facility by the post-development composite runoff curve
number for the total land area served by the public facility.
The amount of land upon which a public facility is located
or planned to be located that would be needed to manage the stormwater
runoff from a subject property in compliance with the standards and
goals in this chapter.
(2)
Integration with existing facilities.
(a)
If the subject property is located within a watershed served
by an existing public facility designed to manage stormwater runoff
from the subject property, the applicant's stormwater management plan
shall utilize practices and measures that are integrated with the
public facility. If the subject property proportionate cost share
of the cost of the public facility has already been paid, the applicant
shall pay the subject property proportionate cost share to the Village
or other party that financed the construction of the public facility
before issuance of an erosion control and stormwater management permit.
(b)
If an existing public facility must be enlarged or otherwise
modified to manage stormwater runoff from the subject property in
compliance with the standards in this chapter, the applicant shall
pay the costs of enlarging or modifying the public facility. The costs
shall be estimated by the Village Engineer and the estimated cost
deposited with the Village before issuance of an erosion control and
stormwater management permit, and the public facility shall be enlarged
or modified by the Village within a reasonable time. If the actual
cost of enlarging or modifying the public facility exceeds the amount
deposited, the applicant shall reimburse the Village for the additional
cost. The applicant shall record an agreement against the subject
property, in a form acceptable to the Village, consenting to the Village's
special assessment of any excess amount that the applicant is required
to reimburse under this section. This requirement may be waived by
the Village in exchange for an additional deposit to cover possible
excess costs. If the actual cost is less than the amount deposited,
the Village shall return the difference to the applicant.
(c)
If the Village determines that an existing or modified public
facility cannot manage stormwater runoff from the subject property
in compliance with the standards in this chapter, then the applicant
shall pay the subject property proportionate cost share of the facility
cost of the public facility, and the applicant shall construct those
additional stormwater management measures that are needed to manage
stormwater runoff from the subject property in compliance with the
standards in this chapter.
(3)
Integration with planned facilities. If the subject property is located
within a watershed for which a public facility is provided in a comprehensive
stormwater management plan, but the public facility has not yet been
created, the applicant shall do one of the following:
(a)
Temporary facilities. The applicant may provide for temporary
on-site control measures designed to meet the standards and goals
in this chapter until a public facility has been created, and pay
to the Village the amount estimated by the Village Engineer to be
the subject property proportionate cost share of the facility cost.
The applicant shall provide a letter of credit in the amount of 115%
of the cost of constructing the temporary measures, as estimated by
the Village Engineer, to secure construction of the measures. The
Village shall deposit the amount paid in an interest-bearing account.
When the public facility has been constructed, the subject property
proportionate cost share of the actual facility cost shall be calculated,
and the amount deposited by the applicant shall be applied to pay
such cost. If the actual subject property proportionate cost share
exceeds the amount paid by the applicant, plus interest earned on
such amount, the applicant shall reimburse the Village for the additional
cost. The applicant shall record an agreement against the subject
property, in a form acceptable to the Village, consenting to the Village's
special assessment of any excess amount that the applicant is required
to reimburse to the Village under this section. This requirement may
be waived by the Village in exchange for an additional deposit, deemed
adequate by the Village, to cover possible excess costs. If the actual
subject property proportionate cost share is less than the amount
paid by the applicant, plus interest earned on such amount, the Village
shall return the difference to the applicant. Within one year after
the Village notifies the applicant that the public facility is operational,
the applicant shall remove the temporary on-site control measures
and restore the site in compliance with the approved stormwater management
plan at the applicant's expense.
(b)
Construction of public facilities. The applicant may, subject
to the Village's approval, enter an agreement acceptable to the Village
to pay for or otherwise provide for the construction of the public
facilities prior to proceeding with the proposed activities on the
subject property. Such an agreement may, subject to the Village's
approval, provide for the applicant to recover a proportionate share
of the cost of the public facilities from other lands benefited by
the public facilities in a manner deemed appropriate by the Village.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(4)
Integration with facilities planned to be constructed on the subject
property. If the subject property contains land which has been designated
on the Village's Official Map and in a Comprehensive Stormwater Management
Plan for the construction of public facilities, then, unless the Village
first acquires the land needed for the public facilities, the owner
of such land shall be required to dedicate to the Village the subject
property proportionate land share attributable to the subject property.
In addition, the applicant shall do one of the following:
(a)
Temporary facilities. The applicant may provide for temporary
on-site control measures designed to meet the standards and goals
in this chapter until such public facility has been created by the
Village, and pay to the Village the amount estimated by the Village
Engineer to be the subject property proportionate cost share of the
facility cost. The applicant shall provide a letter of credit in the
amount of 115% of the cost of the temporary measures, as estimated
by the Village Engineer, to secure construction of the temporary measures.
If the applicant has dedicated the subject property proportionate
land share, then the subject property proportionate cost share shall
not include the land and land acquisition portion of the estimated
facility cost. The Village shall deposit the amount paid in an interest-bearing
account. When the public facility has been constructed, the subject
property proportionate cost share of the actual facility cost shall
be calculated, and the amount deposited by the applicant shall be
applied to pay such cost. If the actual subject property proportionate
cost share (not including the land and land acquisition costs if the
applicant dedicated the subject property proportionate land share)
exceeds the amount paid by the applicant, plus interest earned on
such amount, the applicant shall reimburse the Village for the additional
cost. The applicant shall record an agreement against the subject
property, in a form acceptable to the Village, consenting to the Village's
special assessment of any excess amount that the applicant is required
to reimburse to the Village under this section. This requirement may
be waived by the Village in exchange for an additional deposit to
cover possible excess costs. If the actual subject property proportionate
cost share (not including the land and land acquisition costs if the
applicant dedicated the subject property proportionate land share)
is less than the amount paid by the applicant, plus interest earned
on such amount, the Village shall return the difference to the applicant.
Within one year after the Village notifies the applicant that the
public facility is operational, the applicant shall remove the temporary
on-site control measures and restore the site in compliance with the
approved stormwater management plan at the applicant's expense.
(b)
Construction of public facilities. The applicant may, subject
to the Village's approval, enter an agreement acceptable to the Village
to dedicate any additional lands needed for and pay for or otherwise
provide for the construction of the public facilities prior to proceeding
with the proposed activities on the subject property. The agreement
may, subject to the Village's approval, provide for the applicant
to recover a proportionate share of the cost of the public facilities
from other lands benefited by the public facilities in a manner deemed
appropriate by the Village.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(5)
Public facilities; deadline for completion and performance standards.
New public facilities, new temporary facilities, or modifications
to any existing public facilities required to be constructed under
this section shall be completed and compliant with the performance
standards set forth in this chapter before the stormwater runoff that
is to be managed by such facilities may be increased by development
activities on the subject property.
(1)
To ensure long-term maintenance of approved, privately owned stormwater
management and erosion control measures, including but not limited
to temporary and permanent on-site control measures, all permittees
shall agree to the following:
(a)
Record a long-term maintenance agreement applicable to the site
upon which the measures are located that accomplish the following:
1.
Grant to the Village a nonexclusive easement over, on and under
the stormwater control measures to inspect, construct, reconstruct,
maintain, operate, supplement, and/or remove stormwater control measures,
including but not limited to drainageways, culverts, and detention
facilities, with the right of ingress and egress. The long-term maintenance
agreement shall allow the Village to charge any costs of maintenance
against the property allowed by the easement agreement.
2.
Ensure long-term maintenance of all stormwater control measures
in perpetuity. Stormwater control measures shall be maintained in
good working condition so they function as intended in the approved
stormwater control plan.
3.
Provide the Village the right to proceed at law or in equity
to compel compliance with the requirements of the long-term maintenance
agreement.
(b)
The long-term maintenance agreement shall be recorded by the
property owner with the Dane County Register of Deeds, and shall remain
with the land.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(c)
The long-term maintenance agreement may be modified only with the Village's written consent. The long-term maintenance agreement shall be terminated if responsibility for maintenance of the stormwater management practice is legally transferred to the Village or an agency acceptable to the Village, through a written, binding agreement, or, in the case of temporary facilities permitted under § 20.11, when permanent public facilities serving the property are operational. The termination date of the long-term maintenance agreement shall be the date on which the legal transfer of the maintenance responsibility to the Village or agency is made effective, or, in the case of temporary facilities permitted under § 20.11, the date when the Village notifies the applicant that the public facility serving the property is operational.
(2)
The applicant shall reimburse the Village for any professional, legal
and engineering costs the Village incurs in connection with the preparation
and review of the long-term maintenance agreement.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
The design of all best management practices to meet the requirements
of this chapter shall comply with the technical standards set forth
in the following manuals and publications:
(1)
Natural Resource Conservation Service's "Field Office Technical Guide, Chapter 4," or its successor;
(2)
Applicable construction or erosion control standards by the Wisconsin
Department of Natural Resources; and
(3)
Any other technical methodology approved by the Dane County Conservationist,
including "Dane County Erosion Control and Stormwater Manual."
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(1)
Application fee. All applications shall be accompanied by an application
fee as provided in the Village Fee Schedule.
(2)
Checklist control plan fee. All applications accompanied by a checklist
control plan shall submit an additional fee, as provided in the Village
Fee Schedule, for the costs of plan review and inspection.
(3)
Plan review and inspection fee. For all applications accompanied
by an erosion control plan or stormwater management plan, the applicant
shall be responsible for paying a fee equal to the actual cost incurred
by the Village for the engineering work and inspections in connection
with review of the erosion control and stormwater management plans,
and inspections of the implementation of the plans. At the time the
application is submitted, the applicant shall prepay an estimated
fee and deposit according to site size, as provided in the Village
Fee Schedule, unless waived by the Village. On completion of the Village
review of the plans and acceptance of the implementation of the plans,
the applicant shall reimburse the Village for any costs in excess
of the deposit, and any excess deposit shall be returned to the applicant.
(4)
Fees for variance and appeal requests. For any variances or appeals requested under § 20.16, the applicant shall submit an administrative fee as provided in the Village Fee Schedule and pay the actual cost incurred by the Village for all of professional, engineering, legal and inspection work incurred in connection with the review of the variance or appeal request.
(1)
Stop-work order.
(a)
Whenever the Village finds any noncompliance with the provisions
of this chapter, or with any plan or permit required by this chapter,
the Village shall attempt to communicate with the owner or person
performing the work to obtain immediate and voluntary compliance if
such person is readily available. If the owner or person performing
the work is not readily available or if the person refuses to voluntarily
comply immediately or the noncompliance presents an imminent danger
or will cause or threatens to cause bodily injury or damage to off-site
property, including, but not limited to, off-site runoff, the Village
shall post in a conspicuous place on the premises a stop-work order
causing all activity not necessary to correct the noncompliance to
cease until the noncompliance is corrected.
(b)
The stop-work order shall provide the following information:
date of issuance, location of the project in noncompliance, reason
for posting, and the signature of the Village Inspector or designee
posting the order.
(c)
The unauthorized removal of the stop work order shall constitute
a violation of this chapter.
(d)
The Village Building Inspector or designee may retract the stop-work
order or the permit revocation upon satisfactory compliance.
(2)
Notice and deadlines for compliance. In addition to posting a stop-work
order, the Village shall provide notification of noncompliance to
the owner or contractor by personal service, written notice by certified
mail, or facsimile transmission.
(a)
The permittee, landowner and contractor shall have 24 hours
from the time and date of notification by the Village to correct any
noncompliance with the plan when notification is by personal service,
certified mail or facsimile transmission.
(b)
The permittee and landowner shall have 72 hours to correct any
noncompliance with the plan when notification is by posting of the
stop-work order in a conspicuous place on the site.
(3)
Cease and desist order. If no permit has been issued and a landowner
or land user does not immediately cease land disturbing activity upon
notice, the Village Building Inspector, Village Engineer, or Village
Administrator may request the Village Attorney to seek a cease and
desist order.
(4)
Notice of intent. If any noncompliance is not corrected within the applicable time period specified in Subsection (2), the Village Building Inspector may issue a notice of intent to the permittee, landowner or land user of the Village's intent to perform work necessary to comply with this section. Authorized agents of the Village may go on the site and commence the work after five days from issuing the notice of intent. The costs of the work performed by the Village, plus interest at the rate authorized by statute, shall be billed to the permittee or the landowner. The Village shall collect any unpaid costs through any means authorized by the law, including special charges for current services.
(1)
Board of Appeals. The Zoning Board of Appeals, created under Chapter 17, Zoning Code, of the Code of Ordinances pursuant to § 61.354(4)(b), Wis. Stats., shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by a Village official in administering this chapter. The Zoning Board of Appeals shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals.
(2)
Variances. In accordance with the procedures in § 17.27 of this Code of Ordinances, the Zoning Board of Appeals may authorize variances from the provisions of this chapter which will not adversely affect the public health, safety, or welfare, nor be contrary to the spirit, purpose and intent of this chapter, and where owing to special conditions a literal enforcement of the chapter will result in unnecessary hardship. A variance may be granted only to the minimum extent necessary to afford relief from the unnecessary hardship, with primary consideration to water quality. Before a variance may be granted, the Village Engineer must find that the erosion control and/or stormwater management plan(s), to the extent possible and consistent with the need for a variance, will achieve compliance results comparable to those set forth in this chapter. In making such a finding, the Village shall consider water quality and impacts to downstream conditions.
(3)
Who may appeal. Appeals to the Zoning Board of Appeals may be taken
by any aggrieved person or by any officer, department, or board of
the Village affected by any decision.
(4)
Enforcement not stayed. The filing of a request for a variance or
appeal does not preclude the Village from commencing or continuing
any enforcement actions authorized by the law unless the Village Board
agrees to stay such enforcement action.
(1)
Forfeiture. Any person or entity who violates, disobeys, or fails to comply with this chapter or with any plan or permit required by this chapter shall be subject to a forfeiture of not less than $200 nor more than $500, together with the costs of prosecution. Each violation of or failure to comply with this chapter or with any plan or permit required by this chapter shall be deemed a separate offense subject to forfeiture. Each day a violation of or failure to comply with this chapter or with any plan or permit required by this chapter exists or continues shall be deemed a separate offense subject to forfeiture. The Village shall not be required to issue or provide any order or notice under § 20.15 prior to imposing forfeitures for violations of this chapter or of any plan or permit required by this chapter.
(2)
Collections. Any person who has the ability to pay any forfeiture
entered against him or her under this chapter but refuses to do so
may be subject to collections.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(3)
Injunction. Compliance with the provisions of this chapter may be
enforced by injunction.
