[HISTORY: Adopted by the Village Board of the Village of
Trempealeau at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
A.
This chapter is adopted by the Village Board under the authority
granted by § 61.354, Wis. Stats. This chapter supersedes
all provisions of an ordinance previously enacted under § 61.35,
Wis. Stats., that relate to stormwater management regulations. Except
as otherwise specified in § 61.354. Wis. Stats., § 61.35,
Wis. Stats., applies to this chapter and to any amendments to this
chapter.
B.
The provisions of this chapter are deemed not to limit any other
lawful regulatory powers of the same governing body.
C.
The Village Board hereby designates the Village Administrator to
administer and enforce the provisions of this chapter.
D.
The requirements of this chapter do not preempt more stringent stormwater
management requirements that may be imposed by any of the following:
(1)
Wisconsin Department of Natural Resources administrative rules, permits
or approvals, including those authorized under §§ 281.16
and 283.33, Wis. Stats.
(2)
Targeted nonagricultural performance standards promulgated in rules
by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
The Village of Trempealeau acknowledges that uncontrolled postconstruction
runoff has a significant impact upon water resources and the health,
safety and general welfare of the community and diminishes the public
enjoyment and use of natural resources. Specifically, uncontrolled
postconstruction runoff can:
A.
Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
B.
Diminish the capacity of lakes and streams to support fish, aquatic
life, recreational and water supply uses by increasing pollutant loading
of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
C.
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads.
D.
Reduce the quality of groundwater by increasing pollutant loading.
E.
Threaten public health, safety, property and general welfare by overtaxing
storm sewers, drainage ways, and other minor drainage facilities.
A.
Purpose. The general purpose of this chapter is to establish long-term,
postconstruction runoff management requirements that will diminish
the threats to public health, safety, welfare and the aquatic environment.
Specific purposes are to:
(1)
Further the maintenance of safe and healthful conditions.
(2)
Prevent and control the adverse effects of stormwater; prevent and
control soil erosion; prevent and control water pollution; protect
spawning grounds, fish and aquatic life; control building sites, placement
of structures and land uses; preserve ground cover and scenic beauty;
and promote sound economic growth.
(3)
Control exceedance of the safe capacity of existing drainage facilities
and receiving water bodies; prevent undue channel erosion; and control
increases in the scouring and transportation of particulate matter.
(4)
Minimize the amount of pollutants discharged from the separate storm
sewer to protect the waters of the state.
B.
Intent. It is the intent of the Village Board that this chapter regulates
postconstruction stormwater discharges to waters of the state. This
chapter may be applied on a site-by-site basis. The Village Board
recognizes, however, that the preferred method of achieving the stormwater
performance standards set forth in this chapter is through the preparation
and implementation of comprehensive, systems-level stormwater management
plans that cover hydrologic units, such as watersheds, on a municipal
and regional scale. Such plans may prescribe regional stormwater devices,
practices or systems, any of which may be designed to treat runoff
from more than one site prior to discharge to waters of the state.
Where such plans are in conformance with the performance standards
developed under § 281.16, Wis. Stats., for regional stormwater
management measures and have been approved by the Village Board, it
is the intent of this chapter that the approved stormwater management
plan be used to identify postconstruction management measures acceptable
for the community.
A.
Applicability.
(1)
Except as provided under Subsection A(2), this chapter applies to a postconstruction site whereupon one acre or more of land disturbing construction activity occurs during construction.
(2)
A site that meets any of the criteria in this subsection is exempt
from the requirements of this chapter:
(a)
A postconstruction site with less than 10% connected imperviousness,
based on the area of land disturbance, provided the cumulative area
of all impervious surfaces is less than one acre. However, the exemption
of this subsection does not include exemption from the protective
area standards of this chapter.
(b)
Agricultural facilities and practices.
(c)
Underground utility construction, but not including the construction
of any aboveground structures associated with utility construction.
(3)
Notwithstanding the applicability requirements in Subsection A(1), this chapter applies to postconstruction sites of any size that, as determined by the administering authority, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, causes undue channel erosion, or increases water pollution by scouring or the transportation of particulate matter.
B.
Jurisdiction. This chapter applies to postconstruction sites within
the boundaries and jurisdiction of the Village of Trempealeau.
C.
Exclusions. This chapter is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.
As used in this chapter, the following terms shall have the
meanings indicated:
Maintenance of sufficient vegetation types and densities
such that the physical integrity of the stream bank or lakeshore is
preserved. Self-sustaining vegetative cover includes grasses, forbs,
sedges and duff layers of fallen leaves and woody debris.
A governmental employee, or a regional planning commission
empowered under § 61.354, Wis. Stats., that is designated
by the Village Board to administer this chapter.
Has the meaning given in § 281.16(1), Wis. Stats.
The National Oceanic and Atmospheric Administration (NOAA)
Atlas 14 Precipitation-Frequency Atlas of the United States, Volume
8 (Midwestern States), published in 2013.
A typical calendar year of precipitation as determined by
the Wisconsin Department of Natural Resources for users of models
such as WinSLAMM, P8 or equivalent methodology. All modeling involving
average annual rainfall or runoff volumes data is from the Minneapolis
area between March 13 through November 4, 1959.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or pollutants carried
in runoff to waters of the state.
A day the office of the Village Administrator is routinely
and customarily open for business.
A court-issued order to halt land disturbing construction
activity that is being conducted without the required permit or in
violation of a permit issued by the Village Administrator.
A system for conveying both sanitary sewage and stormwater
runoff.
An impervious surface connected to the waters of the state
via a separate storm sewer, an impervious flow path, or a minimally
pervious flow path.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency
and total depth of rainfall.
Residential, commercial, industrial or institutional land
uses and associated roads.
Wells, sinkholes, swallets, fractured bedrock at the surface,
mine shafts, nonmetallic mines, tile inlets discharging to groundwater,
quarries, or depressional groundwater recharge areas over shallow
fractured bedrock.
The creation from one parcel of five or more parcels or building
sites of five or fewer acres each in area where such creation occurs
at one time or through the successive partition within a five-year
period.
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
The process by which the land's surface is worn away
by the action of wind, water, ice or gravity.
Waters listed in § NR 102.11, Wis. Adm. Code.
The unincorporated area within 1 1/2 miles of the Village
limits.
Soil that has at least a three-foot deep layer with at least
20% fines; or at least a five-foot deep layer with at least 10% fines;
or an engineered soil with an equivalent level of protection as determined
by the regulatory authority for the site.
That all land disturbing construction activities at the construction
site have been completed and that a uniform perennial vegetative cover
has been established with a density of at least 70% of the cover for
the unpaved areas and areas not covered by permanent structures or
that employ equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the Village Administrator
by the responsible party to assure that requirements of the ordinance
are carried out in compliance with the stormwater management plan.
Town Board of Supervisors, County Board of Supervisors, city
council, Village Board of Trustees or Village Council.
An area that releases as runoff all or a large portion of
the precipitation that falls on it, except for frozen soil. Rooftops,
sidewalks, driveways, gravel or paved parking lots and streets are
examples of areas that typically are impervious.
An undeveloped area of land located within an existing urban
sewer service area, surrounded by development or development and natural
or man-made features where development cannot occur.
The entry of precipitation or runoff into or through the
soil.
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices, such as swales or roadside channels designed for conveyance
and pollutant removal only.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or non-vegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. Land disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
Any person holding fee title, an easement or other interest
in property, which allows the person to undertake cropping, livestock
management, land disturbing construction activity or maintenance of
stormwater BMPs on the property.
A legal document that provides for long-term maintenance
of stormwater management practices.
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this chapter as determined in accordance with § 437-6 of this chapter.
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
A specific precipitation distribution developed by the United
States Department of Agriculture, Natural Resources Conservation Service,
using precipitation data from Atlas 14.
Located outside the property boundary described in the permit
application.
Located within the property boundary described in the permit
application.
Has the meaning given in § NR 115.03(6), Wis. Adm.
Code.
Waters listed in § NR 102.10, Wis. Adm. Code.
The percentage of a given sample of soil, which passes through
a No. 200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Village Administrator
to the applicant to conduct land disturbing construction activity
or to discharge postconstruction runoff to waters of the state.
A sum of money paid to the Village of Trempealeau by the
permit applicant for the purpose of recouping the expenses incurred
by the authority in administering the permit.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
A construction site following the completion of land disturbing
construction activity and final site stabilization.
The extent and distribution of land cover types present before
the initiation of land disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
Has the meaning given in § NR 140.05(17), Wis.
Adm. Code.
An area of land that commences at the top of the channel
of lakes, streams and rivers, or at the delineated boundary of wetlands,
and that is the greatest of the following widths, as measured horizontally
from the top of the channel or delineated wetland boundary to the
closest impervious surface.
Areas where development is replacing older development.
The landowner or any other entity performing services to
meet the requirements of this chapter through a contract or other
agreement.
Stormwater or precipitation including rain, snow or ice melt
or similar water that moves on the land surface via sheet or channelized
flow.
A conveyance or system of conveyances including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria:
Activities including tree nursery operations, tree harvesting
operations, reforestation, tree thinning, prescribed burning, and
pest and fire control. Clearing and grubbing of an area of a construction
site is not a silviculture activity.
The entire area included in the legal description of the
land on which the land disturbing construction activity occurred.
An order issued by the administering authority which requires
that all construction activity on the site be stopped.
A Comprehensive Plan designed to reduce the discharge of
pollutants from stormwater, after the site has under gone final stabilization,
following completion of the construction activity.
A Comprehensive Plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
An edge or point on the landscape landward from the ordinary
high-water mark of a surface water of the state, where the slope of
the land begins to be less than 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the initial
50 feet landward from the ordinary high-water mark, the top of the
channel is the ordinary high-water mark.
The amount of pollutants specified as a function of one or
more water quality parameters, that can be discharged per day into
a water quality limited segment and still ensure attainment of the
applicable water quality standard.
Technical Paper No. 40, Rainfall Frequency Atlas of the United
States, published in 1961.
The United States Department of Agriculture, Natural Resources
Conservation Service (previously Soil Conservation Service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986, which is incorporated by reference for this chapter.
A highway, a railroad, a public mass transit facility, a
public-use airport, a public trail or any other public work for transportation
purposes such as harbor improvements under § 85.095(1)(b),
Wis. Stats. "Transportation facility" does not include building sites
for the construction of public buildings and buildings that are places
of employment that are regulated by the Department pursuant to § 281.33,
Wis. Stats.
Total suspended solids.
A rainfall type curve as established in the United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published in 1973.
Includes those portions of Lake Michigan and Lake Superior
within the boundaries of this state, and all lakes, bays, rivers,
streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses,
drainage systems and other surface water or groundwater, natural or
artificial, public or private, within this state or its jurisdiction.
Maximum extent practicable applies when a person who is subject
to a performance standard of this chapter demonstrates to the Village
Administrator's satisfaction that a performance standard is not
achievable and that a lower level of performance is appropriate. In
making the assertion that a performance standard is not achievable
and that a level of performance different from the performance standard
is the maximum extent practicable, the responsible party shall take
into account the best available technology, cost-effectiveness, geographic
features, and other competing interests such as protection of public
safety and welfare, protection of endangered and threatened resources,
and preservation of historic properties.
The following methods shall be used in designing the water quality,
peak discharge, and infiltration components of stormwater practices
needed to meet the water quality standards of this chapter:
A.
Consistent with the technical standards identified, developed or
disseminated by the Wisconsin Department of Natural Resources under
Subchapter V of Chapter NR 151, Wis. Adm. Code.
B.
Where technical standards have not been identified or developed by
the Wisconsin Department of Natural Resources, other technical standards
may be used, provided that the methods have been approved by the Village
Administrator in consultation with the Village Engineer.
A.
Responsible party. The responsible party shall comply with this section.
B.
Stormwater management plan. A written stormwater management plan in accordance with § 437-10 shall be developed and implemented for each postconstruction site.
C.
Maintenance of effort. For redevelopment sites where the redevelopment
will be replacing older development that was subject to postconstruction
performance standards of NR 151 in effect on or after October 1, 2004,
the responsible party shall meet the total suspended solids reduction,
peak flow control, infiltration, and protective areas standards applicable
to the older development or meet the redevelopment standards of this
chapter, whichever is more stringent.
D.
Requirements. The stormwater management plan required under Subsection B shall include the following:
(1)
Total suspended solids. BMPs shall be designed, installed and maintained
to control total suspended solids carried in runoff from the postconstruction
site as follows:
(a)
BMPs shall be designed in accordance with Table 1 or to the maximum extent practicable as provided in Subsection D(1)(b). The design shall be based on an average annual rainfall, as compared to no runoff management controls.
|
Table 1 - TSS Reduction Standards
| ||
|---|---|---|
|
Development Type
|
TSS Reduction
| |
|
New development
|
80%
| |
|
Infill development
|
80%
| |
|
Redevelopment
|
40% of load from parking areas and roads
| |
(b)
Maximum extent practicable. If the design cannot meet a total
suspended solids reduction performance standard of Table 1, the stormwater
management plan shall include a written, site-specific explanation
of why the total suspended solids reduction performance standard cannot
be met and why the total suspended solids load will be reduced only
to the maximum extent practicable.
(c)
Models. Pollutant loading models such as DETPOND, WinSLAMM,
P8 or equivalent methodology may be used to evaluate the efficiency
of the design in reducing total suspended solids. Use the most recent
version of the model and the rainfall files and other parameter files
identified for Wisconsin users unless directed otherwise by the regulatory
authority.
(d)
Off-site drainage. When designing BMPs, runoff draining to the
BMP from off-site shall be taken into account in determining the treatment
efficiency of the practice. Any impact on the efficiency shall be
compensated for by increasing the size of the BMP accordingly.
(2)
Peak discharge.
(a)
By design, BMPs shall be employed to maintain or reduce the
one-year, twenty-four-hour; and the two-year, twenty-four-hour postconstruction
peak runoff discharge rates to the one-year, twenty-four-hour; and
the two-year, twenty-four-hour predevelopment peak runoff discharge
rates, respectively, or to the maximum extent practicable. The runoff
curve numbers in Table 2 shall be used to represent the actual predevelopment
conditions. Where the predevelopment condition is a combination of
woodland, grassland, or cropland, the runoff curve number should be
prorated by area. Peak discharges shall be calculated using TR-55
runoff curve number methodology, National Oceanic and Atmospheric
Administration (NOAA) Atlas 14 Precipitation Frequency Estimates for
precipitation depths, and the appropriate NRCS Wisconsin MSE3 precipitation
distribution or the DNR Flood Analyses precipitation distribution
for critical durations. The Natural Resources Conservation Service
(NRCS) Wisconsin has calculated county-specific Atlas 14 precipitation
depths and they are to be used. The NRCS calculated county-specific
Atlas 14 precipitation depths and MSE3 and MSE4 precipitation distributions
are available at: http://www.nrcs.usda.gov/wps/portal/nrcs/detail/wi/technical/engineering
/?cid=nrcs142p2_025417.
|
Table 2 - Maximum Predevelopment Runoff Curve Numbers
| |||||
|---|---|---|---|---|---|
|
Hydrologic Soil Group
| |||||
|
Runoff Curve Number
|
A
|
B
|
C
|
D
| |
|
Woodland
|
30
|
55
|
70
|
77
| |
|
Grassland
|
39
|
61
|
71
|
78
| |
|
Cropland
|
55
|
69
|
78
|
83
| |
(b)
This subsection does not apply to any of the following:
(3)
Infiltration.
(a)
Best management practices. BMPs shall be designed, installed,
and maintained to infiltrate runoff in accordance with the following
or to the maximum extent practicable:
[1]
Low imperviousness. For development up to 40% connected imperviousness,
such as parks, cemeteries, and low-density residential development,
infiltrate sufficient runoff volume so that the postdevelopment infiltration
volume shall be at least 90% of the predevelopment infiltration volume,
based on an average annual rainfall. However, when designing appropriate
infiltration systems to meet this requirement, no more than 1% of
the postconstruction site is required as an effective infiltration
area.
[2]
Moderate imperviousness. For development with more than 40%
and up to 80% connected imperviousness, such as medium- and high-density
residential, multifamily development, industrial and institutional
development, and office parks, infiltrate sufficient runoff volume
so that the postdevelopment infiltration volume shall be at least
75% of the predevelopment infiltration volume, based on an average
annual rainfall. However, when designing appropriate infiltration
systems to meet this requirement, no more than 2% of the postconstruction
site is required as an effective infiltration area.
[3]
High imperviousness. For development with more than 80% connected
imperviousness, such as commercial strip malls, shopping centers,
and commercial downtowns, infiltrate sufficient runoff volume so that
the postdevelopment infiltration volume shall be at least 60% of the
predevelopment infiltration volume, based on an average annual rainfall.
However, when designing appropriate infiltration systems to meet this
requirement, no more than 2% of the postconstruction site is required
as an effective infiltration area.
(b)
Predevelopment. The predevelopment condition shall be the same as specified in Table 2 of Subsection D(2).
(c)
Source areas.
[1]
Prohibitions. Runoff from the following areas may not be infiltrated and may not qualify as contributing to meeting the requirements of this section unless demonstrated to meet the conditions identified in Subsection D(3)(f):
[a]
Areas associated with a tier 1 industrial facility identified
in § NR 216.21(2)(a), including storage, loading and parking.
Rooftops may be infiltrated with the concurrence of the regulatory
authority.
[b]
Storage and loading areas of a tier 2 industrial facility identified
in § NR 216.21(2)(b). Runoff from the employee and guest
parking and rooftop areas of a tier 2 facility may be infiltrated,
but runoff from the parking area may require pretreatment.
[c]
Fueling and vehicle maintenance areas. Runoff from rooftops
of fueling and vehicle maintenance areas may be infiltrated with the
concurrence of the regulatory authority.
[2]
Exemptions. Runoff from the following areas may be credited
toward meeting the requirement when infiltrated, but the decision
to infiltrate runoff from these source areas is optional:
[a]
Parking areas and access roads less than 5,000 square feet for
commercial development.
[b]
Parking areas and access roads less than 5,000 square feet for industrial development not subject to the prohibitions under Subsection D(3)(c)[1].
[d]
Infill development areas less than five acres.
[e]
Roads on commercial, industrial and institutional land uses,
and arterial residential roads.
(d)
Location of practices.
[1]
Prohibitions. Infiltration practices may not be located in the
following areas:
[a]
Areas within 1,000 feet upgradient or within 100 feet downgradient
of direct conduits to groundwater.
[b]
Areas within 400 feet of a community water system well as specified
in § NR 811.16(4) or within the separation distances listed
in § NR 812.08 for any private well or noncommunity well
for runoff infiltrated from commercial, including multifamily residential,
industrial and institutional land uses or regional devices for one-
and two-family residential development.
[c]
Areas where contaminants of concern, as defined in § NR
720.03(2), are present in the soil through which infiltration will
occur.
[2]
Separation distances.
[a]
Infiltration practices shall be located so that the characteristics
of the soil and the separation distance between the bottom of the
infiltration system and the elevation of seasonal high groundwater
or the top of bedrock are in accordance with Table 3:
|
Table 3 - Separation Distances and Soil Characteristics
| |||
|---|---|---|---|
|
Source Area
|
Separation Distance
(feet)
|
Soil Characteristics
| |
|
Industrial commercial, institutional parking lots and roads
|
5 or more
|
Filtering layer
| |
|
Residential arterial roads
|
5 more
|
Filtering layer
| |
|
Roofs draining to subsurface infiltration practices
|
1 or more
|
Native or engineered soil with particles finer than coarse sand
| |
|
Roofs draining to surface infiltration practices
|
Not applicable
|
Not applicable
| |
|
All other impervious source areas
|
3 or more
|
Filtering layer
| |
[b]
Notwithstanding Subsection D(3)(d)[2], applicable requirements for injection wells classified under Ch. NR 815 shall be followed.
[3]
Infiltration rate exemptions. Infiltration practices located
in the following areas may be credited toward meeting the requirements
under the following conditions, but the decision to infiltrate under
these conditions is optional:
[a]
Where the infiltration rate of the soil measured at the proposed
bottom of the infiltration system is less than 0.6 inch per hour using
a scientifically credible field test method.
[b]
Where the least permeable soil horizon to five feet below the
proposed bottom of the infiltration system using the U.S. Department
of Agriculture method of soils analysis is one of the following: sandy
clay loam, clay loam, silty clay loam, sandy clay, silty clay, or
clay.
(e)
Alternate use. Where alternate uses of runoff are employed,
such as for toilet flushing, laundry, or irrigation or storage on
green roofs where an equivalent portion of the runoff is captured
permanently by rooftop vegetation, such alternate use shall be given
equal credit toward the infiltration volume required by this section.
(f)
Groundwater standards.
[1]
Infiltration systems designed in accordance with this section
shall, to the extent technically and economically feasible, minimize
the level of pollutants infiltrating to groundwater and shall maintain
compliance with the preventive action limit at a point of standards
application in accordance with Ch. NR 140. However, if site-specific
information indicates that compliance with a preventive action limit
is not achievable, the infiltration BMP may not be installed or shall
be modified to prevent infiltration to the maximum extent practicable.
[2]
Notwithstanding Subsection D(3)(f)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
(g)
Pretreatment. Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection D(3)(f). Pretreatment options may include, but are not limited to, oil and grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(4)
Protective areas.
(a)
Definition. In this section, "protective area" means an area
of land that commences at the top of the channel of lakes, streams
and rivers, or at the delineated boundary of wetlands, and that is
the greatest of the following widths, as measured horizontally from
the top of the channel or delineated wetland boundary to the closest
impervious surface. However, in this section, "protective area" does
not include any area of land adjacent to any stream enclosed within
a pipe or culvert, so that runoff cannot enter the enclosure at this
location.
[1]
For outstanding resource waters and exceptional resource waters:
75 feet.
[2]
For perennial and intermittent streams identified on a U.S.
Geological Survey 7.5-minute series topographic map, or a county soil
survey map, whichever is more current: 50 feet.
[3]
For lakes: 50 feet.
[4]
For wetlands not subject to Subsection D(4)(a)[5] and [6]: 50 feet.
[5]
For highly susceptible wetlands: 75 feet. Highly susceptible
wetlands include the following types: calcareous fens, sedge meadows,
open and coniferous bogs, low prairies, coniferous swamps, lowland
hardwood swamps, and ephemeral ponds.
[6]
For less susceptible wetlands, 10% of the average wetland width,
but no less than 10 feet nor more than 30 feet. Less susceptible wetlands
include: degraded wetland dominated by invasive species such as reed
canary grass; cultivated hydric soils; and any gravel pits, or dredged
material or fill material disposal sites that take on the attributes
of a wetland.
[7]
In Subsection D(4)(a)[4] to [6], determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in § NR 103.03. A stream or lake is not eligible for a lower protective area width even if contiguous to a less susceptible wetland.
[8]
Wetland boundary delineation shall be made in accordance with
§ NR 103.08(1m). This subsection does not apply to wetlands
that have been completely filled in compliance with all applicable
state and federal regulations. The protective area for wetlands that
have been partially filled in compliance with all applicable state
and federal regulations shall be measured from the wetland boundary
delineation after a fill has been placed. Where there is a legally
authorized wetland fill, the protective area standard need not be
met in that location.
[9]
For concentrated flow channels with drainage areas greater than
130 acres: 10 feet.
[10]
Notwithstanding Subsection D(4)(a)[1] to [9], the greatest protective area width shall apply where rivers, streams, lakes and wetlands are contiguous.
(b)
Applicability. This section applies to postconstruction sites located within a protective area, except those areas exempted pursuant to Subsection D(4)(d).
(c)
Requirements. The following requirements shall be met:
[1]
Impervious surfaces shall be kept out of the protective area
entirely or to the maximum extent practicable. If there is no practical
alternative to locating an impervious surface in the protective area,
the stormwater management plan shall contain a written, site-specific
explanation.
[2]
Where land disturbing construction activity occurs within a
protective area, adequate noninvasive sod or self-sustaining noninvasive
vegetative cover of 70% or greater shall be established and maintained
where no impervious surface is present. The adequate sod or self-sustaining
vegetative cover shall be sufficient to provide for bank stability,
maintenance of fish habitat, and filtering of pollutants from upslope
overland flow areas under sheet flow conditions. Nonvegetative materials,
such as rock riprap, may be employed on the bank as necessary to prevent
erosion such as on steep slopes or where high-velocity flows occur.
[3]
BMPs such as filter strips, swales, or wet detention ponds,
that are designed to control pollutants from nonpoint sources, may
be located in the protective area.
(d)
Exemptions. This section does not apply to any of the following:
[2]
Infill development areas less than five acres.
[3]
Structures that cross or access surface water such as boat landings,
bridges, and culverts.
[4]
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.
[5]
Areas of postconstruction sites from which the runoff does not
enter the surface water, including wetlands, without first being treated
by a BMP to meet the local ordinance requirements for total suspended
solids and peak flow reduction, except to the extent that vegetative
ground cover is necessary to maintain bank stability.
(5)
Fueling and maintenance areas. Fueling and vehicle maintenance areas
shall have BMPs designed, installed, and maintained to reduce petroleum
within runoff, so that the runoff that enters waters of the state
contains no visible petroleum sheen, or to the maximum extent practicable.
A combination of the following BMPs may be used: oil and grease separators,
canopies, petroleum spill cleanup materials, or any other structural
or nonstructural method of preventing or treating petroleum in runoff.
E.
General considerations for stormwater management measures. The following
considerations shall be observed in on-site and off-site runoff management:
(1)
Natural topography and land cover features such as natural swales,
natural depressions, native soil-infiltrating capacity, and natural
groundwater recharge areas shall be preserved and used, to the extent
possible, to meet the requirements of this section.
(2)
Emergency overland flow for all stormwater facilities shall be provided
to prevent exceeding the safe capacity of downstream drainage facilities
and prevent endangerment of downstream property or public safety.
F.
BMP location.
(1)
To comply with the performance standards required under § 437-8 of this chapter, BMPs may be located on-site or off-site as part of a regional stormwater device, practice or system, but shall be installed in accordance with § NR 151.003, Wis. Adm. Code.
(2)
The Village Administrator may approve off-site management measures,
provided that all of the following conditions are met:
(a)
The Village Administrator determines that the postconstruction
runoff is covered by a stormwater management system plan that is approved
by the Village Board and that contains management requirements consistent
with the purpose and intent of this chapter.
(b)
The off-site facility meets all of the following conditions:
[1]
The facility is in place.
[2]
The facility is designed and adequately sized to provide a level
of stormwater control equal to or greater than that which would be
afforded by on-site practices meeting the performance standards of
this chapter.
[3]
The facility has a legally obligated entity responsible for
its long-term operation and maintenance.
(3)
Where a regional treatment option exists such that the Village Board
exempts the applicant from all or part of the minimum on-site stormwater
management requirements, the applicant shall be required to pay a
fee in an amount determined in negotiation with the Village Board.
In determining the fee for postconstruction runoff, the Village Board
shall consider an equitable distribution of the cost for land, engineering
design, construction, and maintenance of the regional treatment option.
G.
Additional requirements. The Village Board may establish stormwater
management requirements more stringent than those set forth in this
chapter if the Village Board determines that the requirements are
needed to control stormwater quantity or control flooding, comply
with federally approved total maximum daily load requirements, or
control pollutants associated with existing development or redevelopment.
A.
Permit required. No responsible party may undertake a land disturbing
construction activity without receiving a postconstruction runoff
permit from the Village Administrator prior to commencing the proposed
activity.
B.
Permit application and fees. Unless specifically excluded by this
chapter, any responsible party desiring a permit shall submit to the
Village Administrator a permit application on a form provided by the
Village Administrator for that purpose.
(1)
Unless otherwise excluded by this chapter, a permit application must
be accompanied by a stormwater management plan, a maintenance agreement
and a nonrefundable permit administration fee.
(2)
The stormwater management plan shall be prepared to meet the requirements of §§ 437-8 and 437-10, the maintenance agreement shall be prepared to meet the requirements of § 437-11, the financial guarantee shall meet the requirements of § 437-12, and fees shall be those established by the Village Board as set forth in § 437-13.
C.
Permit application review and approval. The Village Administrator
shall review any permit application that is submitted with a stormwater
management plan, maintenance agreement, and the required fee. The
following approval procedure shall be used:
(1)
Within 30 business days of the receipt of a complete permit application, including all items as required by Subsection B, the Village Administrator shall inform the applicant whether the application, stormwater management plan and maintenance agreement are approved or disapproved based on the requirements of this chapter.
(2)
If the stormwater permit application, stormwater management plan
and maintenance agreement are approved, or if an agreed upon payment
of fees in lieu of stormwater management practices is made, the Village
Administrator shall issue the permit.
(3)
If the stormwater permit application, stormwater management plan
or maintenance agreement is disapproved, the Village Administrator
shall detail in writing the reasons for disapproval.
(4)
The Village Administrator may request additional information from
the applicant. If additional information is submitted, the Village
Administrator shall have 20 business days from the date the additional
information is received to inform the applicant that the stormwater
management plan and maintenance agreement are either approved or disapproved.
(5)
Failure by the Village Administrator to inform the permit applicant
of a decision within 20 business days of a required submittal shall
be deemed to mean approval of the submittal and the applicant may
proceed as if a permit had been issued.
D.
Permit requirements. All permits issued under this chapter shall be subject to the following conditions, and holders of permits issued under this chapter shall be deemed to have accepted these conditions. The Village Administrator may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Village Administrator to suspend or revoke this permit may be appealed in accordance with § 437-15.
(1)
Compliance with this permit does not relieve the responsible party
of the responsibility to comply with other applicable federal, state,
and local laws and regulations.
(2)
The responsible party shall design and install all structural and
nonstructural stormwater management measures in accordance with the
approved stormwater management plan and this permit.
(3)
The responsible party shall notify the Village Administrator at least two business days before commencing any work in conjunction with the stormwater management plan, and within two business days upon completion of the stormwater management practices. If required as a special condition under Subsection E, the responsible party shall make additional notification according to a schedule set forth by the Village Administrator so that practice installations can be inspected during construction.
(4)
Practice installations required as part of this chapter shall be
certified "as built" or "record" drawings by a licensed professional
engineer. Completed stormwater management practices must pass a final
inspection by the Village Engineer or its designee to determine if
they are in accordance with the approved stormwater management plan
and ordinance. The Village Administrator or its designee shall notify
the responsible party in writing of any changes required in such practices
to bring them into compliance with the conditions of this permit.
(5)
The responsible party shall notify the Village Administrator of any
significant modifications it intends to make to an approved stormwater
management plan. The Village Administrator may require that the proposed
modifications be submitted to it for approval prior to incorporation
into the stormwater management plan and execution by the responsible
party.
(6)
The responsible party shall maintain all stormwater management practices
in accordance with the stormwater management plan until the practices
either become the responsibility of the Village Board, or are transferred
to subsequent private owners as specified in the approved maintenance
agreement.
(7)
The responsible party authorizes the Village Board to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan, and consents to a special assessment or charge against the property as authorized under Subch. VII of Ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 437-12.
(8)
If so directed by the Village Administrator, the responsible party
shall repair, at the responsible party's own expense, all damage
to adjoining municipal facilities and drainageways caused by runoff,
where such damage is caused by activities that are not in compliance
with the approved stormwater management plan.
(9)
The responsible party shall permit property access to the Village
Administrator or its designee for the purpose of inspecting the property
for compliance with the approved stormwater management plan and this
permit.
(10)
Where site development or redevelopment involves changes in
direction, increases in peak rate and/or total volume of runoff from
a site, the Village Administrator may require the responsible party
to make appropriate legal arrangements with affected property owners
concerning the prevention of endangerment to property or public safety.
A.
Stormwater management plan requirements. The stormwater management plan required under § 437-8B shall contain at a minimum the following information:
(1)
Name, address, and telephone number for the following or their designees:
landowner; developer; project engineer for practice design and certification;
person(s) responsible for installation of stormwater management practices;
and person(s) responsible for maintenance of stormwater management
practices prior to the transfer, if any, of maintenance responsibility
to another party.
(2)
A proper legal description of the property proposed to be developed,
referenced to the U.S. Public Land Survey system or to block and lot
numbers within a recorded land subdivision plat.
(3)
Predevelopment site conditions, including:
(a)
One or more site maps at a scale of not less than one inch equals
50 feet. The site maps shall show the following: site location and
legal property description; predominant soil types and hydrologic
soil groups; existing cover type and condition; topographic contours
of the site at a scale not to exceed two feet; topography and drainage
network, including enough of the contiguous properties to show runoff
patterns onto, through, and from the site; watercourses that may affect
or be affected by runoff from the site; flow path and direction for
all stormwater conveyance sections; watershed boundaries used in hydrology
determinations to show compliance with performance standards; lakes,
streams, wetlands, channels, ditches, and other watercourses on and
immediately adjacent to the site; limits of the one-hundred-year floodplain;
location of wells and wellhead protection areas covering the project
area and delineated pursuant to § NR 811.16, Wis. Adm. Code.
(b)
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. All major assumptions used
in developing input parameters shall be clearly stated. The geographic
areas used in making the calculations shall be clearly cross-referenced
to the required map(s).
(4)
Postdevelopment site conditions, including:
(a)
Explanation of the provisions to preserve and use natural topography
and land cover features to minimize changes in peak flow runoff rates
and volumes to surface waters and wetlands.
(b)
Explanation of any restrictions on stormwater management measures
in the development area imposed by wellhead protection plans and ordinances.
(c)
One or more site maps at a scale of not less than one inch equals
50 feet showing the following: postconstruction pervious areas including
vegetative cover type and condition; impervious surfaces including
all buildings, structures, and pavement; postconstruction topographic
contours of the site at a scale not to exceed two feet; postconstruction
drainage network including enough of the contiguous properties to
show runoff patterns onto, through, and from the site; locations and
dimensions of drainage easements; locations of maintenance easements
specified in the maintenance agreement; flow path and direction for
all stormwater conveyance sections; location and type of all stormwater
management conveyance and treatment practices, including the on-site
and off-site tributary drainage area; location and type of conveyance
system that will carry runoff from the drainage and treatment practices
to the nearest adequate outlet, such as a curbed street, storm drain,
or natural drainageway; watershed boundaries used in hydrology and
pollutant loading calculations and any changes to lakes, streams,
wetlands, channels, ditches, and other watercourses on and immediately
adjacent to the site.
(d)
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. The computations shall be made
for each discharge point in the development, and the geographic areas
used in making the calculations shall be clearly cross-referenced
to the required map(s).
(e)
Results of investigations of soils and groundwater required
for the placement and design of stormwater management measures: detailed
drawings including cross-sections and profiles of all permanent stormwater
conveyance and treatment practices.
(5)
A description and installation schedule for the stormwater management practices needed to meet the performance standards in § 437-8.
(6)
A maintenance plan developed for the life of each stormwater management
practice, including the required maintenance activities and maintenance
activity schedule.
(7)
Cost estimates for the construction, operation, and maintenance of
each stormwater management practice.
(8)
Other information requested in writing by the Village Administrator
to determine compliance of the proposed stormwater management measures
with the provisions of this chapter.
(9)
All site investigations, plans, designs, computations, and drawings
shall be certified by a Davy Engineering Co., Inc., to be prepared
in accordance with accepted engineering practice and requirements
of this chapter.
A.
Maintenance agreement required. The maintenance agreement required under § 437-9 for stormwater management practices shall be an agreement between the Village Board and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.
B.
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 437-10A(6):
(1)
Identification of the stormwater facilities and designation of the
drainage area served by the facilities.
(2)
A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under § 437-9B.
(3)
Identification of the responsible party(ies), organization or city, county, town or village responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan required under § 437-9B.
(4)
Requirement that the responsible party(ies), organization, or city, county, town or village shall maintain stormwater management practices in accordance with the schedule included in Subsection B(2).
(5)
Authorization for the Village Administrator or designee to access
the property to conduct inspections of stormwater management practices
as necessary to ascertain that the practices are being maintained
and operated in accordance with the agreement.
(6)
A requirement on the Village Administrator to maintain public records
of the results of the site inspections, to inform the responsible
party responsible for maintenance of the inspection results, and to
specifically indicate any corrective actions required to bring the
stormwater management practice into proper working condition.
(7)
Agreement that the party designated under Subsection B(3), as responsible for long-term maintenance of the stormwater management practices, shall be notified by the Village Administrator of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Village Administrator.
(8)
Authorization of the Village Board to perform the corrected actions identified in the inspection report if the responsible party designated under Subsection B(3) does not make the required corrections in the specified time period. The Village Administrator shall notify the County Treasurer to enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subch. VII of Ch. 66, Wis. Stats.
A.
Establishment of the guarantee. The Village Administrator may require
the submittal of a financial guarantee, the form and type of which
shall be acceptable to the Village Board. The financial guarantee
shall be in an amount determined by the Village Board to be the estimated
cost of construction and the estimated cost of maintenance of the
stormwater management practices during the period which the designated
party in the maintenance agreement has maintenance responsibility.
The financial guarantee shall give the Village Board the authorization
to use the funds to complete the stormwater management practices if
the responsible party defaults or does not properly implement the
approved stormwater management plan, upon written notice to the responsible
party by the Village Administrator that the requirements of this chapter
have not been met.
B.
Conditions for release. Conditions for the release of the financial
guarantee are as follows:
(1)
The Village Board shall release the portion of the financial guarantee
established under this section, less any costs incurred by the Village
Board to complete installation of practices, upon submission of "as
built plans" or "record" drawings by a licensed professional engineer.
The Village Board may make provisions for a partial pro rata release
of the financial guarantee based on the completion of various development
stages.
(2)
The Village Board shall release the portion of the financial guarantee
established under this section to assure maintenance of stormwater
practices, less any costs incurred by the Village Board, at such time
that the responsibility for practice maintenance is passed onto another
entity via an approved maintenance agreement.
The fees referred to in other sections of this chapter shall
be established by the Village Board and may from time to time be modified
by resolution. A schedule of the fees established by the Village Board
shall be available for review in the Clerk's office.
A.
Any land disturbing construction activity or postconstruction runoff
initiated after the effective date of this chapter by any person,
firm, association, or corporation subject to the chapter provisions
shall be deemed a violation unless conducted in accordance with the
requirements of this chapter.
B.
The Village Administrator shall notify the responsible party by certified
mail of any noncomplying land disturbing construction activity or
postconstruction runoff. The notice shall describe the nature of the
violation, remedial actions needed, a schedule for remedial action,
and additional enforcement action which may be taken.
C.
Upon receipt of written notification from the Village Administrator under Subsection B, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Village Administrator in the notice.
D.
If the violations to a permit issued pursuant to this chapter are
likely to result in damage to properties, public facilities, or waters
of the state, the Village Administrator or a designee may enter the
land and take emergency actions necessary to prevent such damage.
The costs incurred by the Village Board plus interest and legal costs
shall be billed to the responsible party.
E.
The Village Administrator is authorized to post a stop-work order
on all land disturbing construction activity that is in violation
of this chapter, or to request the Village Attorney to obtain a cease-and-desist
order in any court with jurisdiction.
F.
The Village Administrator may revoke a permit issued under this chapter
for noncompliance with ordinance provisions.
G.
Any permit revocation, stop-work order, or cease-and-desist order
shall remain in effect unless retracted by the Village Administrator
or by a court with jurisdiction.
H.
The Village Administrator is authorized to refer any violation of
this chapter, or a stop-work order or cease-and-desist order issued
pursuant to this chapter, to the Village Attorney for the commencement
of further legal proceedings in any court with jurisdiction.
I.
Any person, firm, association, or corporation who does not comply with the provisions of this chapter shall be subject to a forfeiture pursuant to § 1-4, General penalty, of this Code, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.
J.
Compliance with the provisions of this chapter may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease-and-desist order before resorting
to in junctional proceedings.
K.
When the Village Administrator determines that the holder of a permit issued pursuant to this chapter has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the Village Administrator or a party designated by the Village Administrator may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved stormwater management plan. The Village Administrator shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to § 437-12 of this chapter. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.
A.
Board of Appeals. The Board of Appeals, created pursuant to Chapter 520, Zoning, of the Village of Trempealeau Code 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 the Village Board in administering this chapter. The Board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the Board may authorize variances from the provisions of this chapter that are not contrary to the public interest, and where owing to special conditions, a literal enforcement of the chapter will result in unnecessary hardship.
B.
Who may appeal. Appeals to the Board of Appeals may be taken by any
aggrieved person or by an officer, department, board, or bureau of
the Village of Trempealeau affected by any decision of the Village
Administrator.
