[HISTORY: Adopted by the Board of Supervisors of Adams County
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-18-2007 by Ord. No. 28-2007]
This article shall be known as the "Adams County Stormwater
Runoff Ordinance," hereinafter referred to as "this article."
A.
This article is adopted by the Adams County Board under the authority
granted by §§ 59.693 and 92.07(15) and Chs. 281 and
236, Wis. Stats.
B.
Repeal of conflicting ordinances. This article repeals all provisions
of any ordinance previously enacted under § 59.693, Wis.
Stats., relating to construction site erosion control and stormwater
management regulations. Wherever there may be a conflict with other
County ordinances relating to erosion control, stormwater management
or site drainage, the more restrictive provision shall apply, as determined
by the LWCD.
The Adams County Board of Supervisors finds that unfiltered
stormwater runoff and erosion from land disturbing activities can
have significant adverse impacts on local surface and ground water
resources and on the health, safety, and general welfare of the community
and diminishes the public enjoyment and use of natural resources within
Adams County. Specifically, unfiltered post-construction stormwater
runoff and erosion from land disturbing activities can:
A.
Degrade lakes and streams by increasing bank erosion and negatively
altering groundwater recharge and base flow rates.
B.
Diminish the capacity of lakes, streams, and wetlands to support
fish, invertebrates, aquatic vegetation, and water supply by increasing
pollutants, suspended solids, and heavy metals.
C.
Threaten public health, safety, property and general welfare by increasing
flood peaks and flood volumes and overtaxing drainageways.
D.
Diminish water quality due to sediment and nutrient delivery.
A.
The general purpose of this article is to establish a permit process,
require a stormwater runoff control plan and stormwater runoff maintenance
plan for applicable projects listed below, regulate all disturbance/development
violations within the jurisdictional boundaries, and:
(1)
Prevent and control uncontained rill and gully erosion from negatively
impacting waterways, wetlands, and downstream properties; and
(2)
Prevent and control the adverse effects of uncontrolled stormwater
from reaching waters of the state; 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.
B.
It is the intent of the Adams County Board of Supervisors to regulate
stormwater runoff and erosion through a permit process, stormwater
runoff control plans and stormwater runoff maintenance plans and regulate
violations within jurisdictional boundaries.
The Adams County Land and Water Conservation Department, under
direction of the Adams County Planning and Zoning Committee, is designated
to administer and enforce this article.
This article applies to towns and unincorporated areas within
the jurisdictional boundaries of Adams County.
As used in this article, the following terms shall have the
meanings indicated:
The town, the County Planning and Zoning Administrator or
the County Director of Parks and Recreation, depending on the type
of project and its location.[1]
Any person or entity holding fee title to the property or
his or its representative. The applicant shall become the permit holder
once a permit is issued.
Structural and nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or other pollutants
carried in runoff. To determine stormwater runoff control BMPs, reference
the Adams County Natural Resources Manual or obtain Department approval
prior to construction.
An entity involved in the production, processing, or merchandising
of a commodity.
All lands included within the boundary of a certified survey
map or subdivision plat created for the purpose of development or
sale of property where integrated, multiple, separate and distinct
land development activity may take place at different times by future
owners.[2]
A structure of three or more units, the interior space of
which is individually owned; the balance of the property is owned
in common by the owners of the individual units.
The maps are drawn to specifications of the Adams County
Automated Land Information Standards, Manual of Standards and Procedures.
The department head of the County Planning and Zoning Department.
The Adams County Land and Water Conservation Department.
The process of detachment, transport and deposition of soil,
sediment or rock fragments by action of water, wind, ice or gravity.
Large channels cut within the soil surface due to concentrated
flow of water.
An area that releases all or a large portion of the precipitation
that falls on it, except for frozen soil. Conventional rooftops and
asphalt or concrete sidewalks, driveways, parking lots and streets
are typical examples of impervious surfaces. For purposes of this
article, typical gravel driveways and other examples listed shall
be considered impervious unless specifically designed to encourage
infiltration or storage of runoff.
Any stand-alone practice, building, or construction that
may or not be associated with a larger purpose.
Systematic labor especially for some useful purpose or the
creation of something of value.
The site shall exhibit all of the following:
Any of the following:[3]
Structural development, including construction of a new building,
parking lot, or other such structures;
Expansion or alternation of an existing structure that results
in an increase in the surface dimensions of the building, parking
lot or other such structures;
Creation or expansion of impervious surface; or
Will ultimately result in the creation or maintenance of a subdivision,
condominium, industrial or commercial development.
The Land and Water Conservation Department of Adams County.
The LWCD County Conservationist supervises the daily activities of
the Department, including the administration of this article.
A residential structure designed for or occupied by three
or more families, including but not limited to community-based residential
living facilities, hotels, apartments, condominiums, and quadplexes,
the number of families in residence not exceeding the number of dwelling
units provided.
Any person or entity holding fee title to the property or
acting as the owner's representative, including any person, firm,
corporation or other entity performing services, contracted, subcontracted
or obligated by other agreement to design, implement, inspect, verify
or maintain the BMPs and other approved elements of erosion control
and stormwater plans and permits under this article.
As per § 283.01(13), Wis. Stats., any dredged spoil,
solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage
sludge, munitions, chemical wastes, biological materials, biological
nutrients, radioactive substance, heat, wrecked or discarded equipment,
rock, sand, cellar dirt and industrial, municipal and agricultural
waste discharged into water.
As per § 283.01(14), Wis. Stats., man-made or man-induced
alteration of the chemical, physical, biological or radiological integrity
of water.
A land development, such as a public road or municipal building,
that is being funded solely by a unit of government. It does not include
new roads or other structures built with private funds, or a combination
of public and private funds, and subsequently dedicated to a unit
of government.
A person holding specific credentials relevant to the work
to be done.
A public agency that the LWCD recognizes as having the legal
authority to review and approve erosion control and stormwater management
plans and enforce their implementation, with requirements at least
as restrictive as this article.
Small channels cut within the soil surface due to concentrated
flow of water.
Any access drive that serves more than two residences or
businesses.
The area landward of the ordinary high-water mark within
the following distances: 1,000 feet from a lake, pond or flowage and
300 feet from a river or stream or to the landward side of the floodplain,
whichever distance is greater.
The entire area included in the legal description of the
land on which the land disturbing or land development activity will
occur.[4]
All land disturbing activities are completed and a uniform,
perennial vegetative cover has been established on at least 80% of
the soil surface or other surfacing material is in place and the risk
of further soil erosion is minimal, as determined by the LWCD.
A written authorization made by the LWCD to the applicant
to conduct land development activities in accordance with the requirements
of this article. A stormwater permit regulates both site erosion and
post-construction stormwater runoff from a site.
Water from rain, snow or ice melt, or dewatering that moves
over the land surface via sheet or channelized flow.
A division of a lot, parcel, or tract of land by the owner
thereof or the owner's agent for the purpose of sale of building development,
where:
A document that specifies design, predicted performance and
operation and maintenance requirements for a material, device or method.
All stormwater not flowing through a best management practice.
A wire, pipe, tube or other conduit designed to distribute
or collect a product or service, including but not limited to electricity,
natural gas, oil, telecommunications, drinking water, stormwater,
sewage, or any combination of these items.
Seed or plant stock upon maturity; generally has a deep root
system which enhances infiltration and prevents erosion.
As per § 281.01(18), Wis. Stats., 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.
An area where water is at, near or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions.
Any day the office of the LWCD is routinely and customarily
open for business and does not include Saturday, Sunday and any official
County holidays.
A.
The following activities shall be exempt from a stormwater permit:
(1)
Land disturbing activities exempted by state or federal law, including
but not limited to highway construction and other projects conducted
by a state or other governmental agency, as defined under § 227.01(1),
Wis. Stats., or under a memorandum of understanding entered into under
§ 281.33(2), Wis. Stats. To recognize an exemption under
this subsection, the LWCD shall require documentation of the person(s)
and regulatory agency charged with enforcing erosion control and stormwater
management for the project.
(2)
All activities regulated under § SPS 321.125, Wis. Adm.
Code (Uniform Dwelling Code), for construction of one- and two-family
residential dwellings.
(3)
Land disturbing activities directly involved with planting, growing
and harvesting of any plant grown for human or livestock consumption/use,
including sod farms and tree nurseries.
(4)
All agricultural structures regulated under Chs. NR 151 and NR 243,
Wis. Adm. Code, and Ch. 281, Wis. Stats., will be exempted.
B.
Technical exemptions for stormwater runoff control plan. The LWCD
may exempt a site or a portion of a site from meeting certain technical
requirements of this article if the LWCD determines that one or more
of the following apply. The landowner is encouraged to contact the
LWCD office to schedule a no charge site visit for exemption/applicability
determination.
(1)
Off-site BMP(s). The requirement has been satisfied through the use
of off-site BMP(s). Off-site BMPs could be installed beyond the boundaries
of the property covered by the application as part of a regional stormwater
management plan or through other legal arrangements. However, to be
eligible for this exemption, the off-site BMP(s) must treat runoff
from the site covered by the application.
(2)
Internally drained sites. The site is internally drained and stabilized
and therefore will not discharge runoff from the site after development
occurs.
C.
The following land development activities are subject to the requirements of this article and shall require an approved stormwater permit per § 313-9 prior to commencement of all proposed land development activities:[1]
(1)
The creation or addition ultimately resulting in a total of 4,000
square feet of impervious surface from land disturbing activities;
(2)
A subdivision, multi-dwelling unit, industrial, or commercial development;
or
(3)
A land disturbing activity, regardless of size, that the LWCD determines
is likely to cause a high risk of soil erosion, water pollution, or
chronic wetness to an environmentally sensitive area or may violate
any other erosion control and stormwater management standard set forth
in this article or the associated manual.
A.
Permit required. A stormwater permit shall be obtained before any person commences a land development activity, pursuant to the applicability and exemption provisions of § 313-8. The Adams County LWCD will require the applicant to pay a permit fee.
B.
C.
Permit review processes. By submittal of the materials under Subsection B, the applicant is authorizing the LWCD to enter upon the subject site to obtain information needed to administer this article. The LWCD shall have 30 working days per individualized activity as determined by the LWCD from the date all materials under Subsection B are received to approve or disapprove the permit based on the requirements of this article. If, within the 30 working days, the LWCD determines the materials under Subsection B are not complete and requests additional information from the applicant or another source (such as another regulatory agency), the LWCD shall have 30 working days from the date additional information is received to approve or disapprove the permit.
D.
Notification of results. If the LWCD does not notify the applicant of missing information or approve or disapprove the permit within 30 working days, the applicant may continue pursuing other applicable approvals or deed recording without permit approval and may commence land development activity without a permit. If the LWCD approves the permit, the applicant may proceed with permit implementation requirements. If the LWCD disapproves the permit, the applicant may appeal the decision according to § 313-10 of this article.
E.
Permit issuance and display. The LWCD shall issue a permit to the
applicant after verifying that all applicable conditions of this article
have been met. The permit shall be publicly displayed within 50 feet
of the permitted site five days prior to construction, throughout
construction, and five days post construction of the best management
practices.
F.
Permit duration. The LWCD shall establish an expiration date for
all stormwater permits based on the construction schedules established
in the approved erosion control and stormwater control and maintenance
plans.
G.
Permit amendments. The LWCD, upon written request, may amend a stormwater permit. The written request shall be submitted to the LWCD and shall include the desired amendments and the desired effective dates of the amendments. The LWCD shall respond to the request per Subsections C and D. The LWCD may require additional information and requirements as a condition of granting a permit amendment. The LWCD shall charge, and the permitted shall pay, an amendment fee.
H.
Permit transfer. The LWCD may transfer a stormwater permit issued
under this article to a new applicant upon a written request and payment
of the corresponding fee. The permit transfer shall not take effect
until the LWCD verifies in writing that the new applicant has satisfied
all conditions of this article, including an updated list of responsible
parties and the submittal of a new financial assurance.
I.
Permit termination. The LWCD shall issue a permit termination letter to the permit holder upon releasing the financial assurance under Subsection K(5) below, which shall serve as documentation that all conditions of this article have been satisfied and the permit has been terminated. A copy of this letter shall also be sent to the Wisconsin Department of Natural Resources and shall serve as the notice of termination under § NR 216.55, Wis. Adm. Code.
J.
Other permits. Compliance with a stormwater permit does not relieve
the permit holder or other responsible party of the responsibility
to comply with other applicable federal, state, and local laws and
regulations. The LWCD may require the applicant to obtain other permits
or plan approvals prior to issuing a stormwater permit.
K.
Financial assurance. The LWCD may require the applicant to submit
a financial assurance to ensure compliance with the approved erosion
control and stormwater control plans and other permit requirements.
(1)
Financial assurance only applies to a subdivision, multi-dwelling
unit, industrial, or commercial development.
(2)
The LWCD shall determine the acceptable type and form of financial
assurance, which may include cash, a bond, an escrow account or irrevocable
letter of credit. The LWCD shall, upon written notice to the permit
holder, be authorized to use the funds to complete activities required
in the approved plans or this article if the permit holder or other
responsible party defaults or does not properly implement the requirements.
(3)
The amount of the financial assurance shall be determined by the
landowner in the form of individual, itemized, installed construction
of best management practices. All financial assurance submissions
are subject to LWCD approval.
(4)
The LWCD shall provide the permit holder or other responsible party
a written statement outlining the purpose of the financial assurance.
(5)
The LWCD shall release the financial assurance and issue a termination
letter only after determining full compliance with the permit and
this article.
(6)
The LWCD shall withhold from the financial assurance amount released
to the permit holder any costs incurred by the LWCD to complete installation
or maintenance of best management practices through enforcement action
or prior to the transfer of maintenance responsibilities through an
approved maintenance agreement or other unpaid fees or costs incurred
by the LWCD associated with the enforcement of this article.
(7)
The financial assurance provisions of this article shall be in addition
to any other financial assurance requirements of the local community
for other site improvements. Any arrangements made to share financial
assurances with the local community shall be made at the discretion
of the LWCD and shall be at least as restrictive as the requirements
in this article.
L.
Permit certification. After completion of construction, the LWCD
may conduct a final inspection of all permitted sites and review as-built
surveys/plans to determine compliance with the approved plans and
other applicable ordinance requirements. If, upon inspection, the
LWCD determines that any of the applicable requirements have not been
met, the LWCD shall notify the permit holder what changes would be
necessary to meet the requirements. At the request of the permit holder,
the LWCD shall provide a notification of noncompliance or a report
of final inspection in written or electronic form.
(1)
To ensure compliance with this article and to serve as a basis for
the engineering verification, as-built surveys/plans shall be completed
in accordance with LWCD standards. As-built surveys/plans will be
required to be certified as accurate by a qualified professional.
The LWCD reserves the right to require a professional engineer approval
based on project scope.
(2)
As-built surveys/plans shall contain a statement that the engineer/technician
has successfully completed all site inspections outlined in the approved
plans and that the stormwater control plans have been implemented
as designed. If vegetative plantings are involved, a qualified professional
may be required to verify the planting process and its successful
establishment, in accordance with the stormwater and erosion control
plans, when the following applies:
(a)
Subdivision, multi-dwelling unit, industrial, and commercial
developments.
M.
Permit fees. Application and review fees under this article shall
be set by the LWCD and approved by County Board resolution. See the
most recent copy of Natural Resources Manual for fee schedule.
A.
Authority. The Board of Adjustment shall act as the review and appeal
authority for any order, requirement, decision or determination by
the LWCD under this article.
C.
Variances. Upon appeal, the Board of Adjustment may authorize variances
from the provisions of this article which are not contrary to the
public interest or the purposes of this article and where, owing to
special conditions beyond the control of the applicant, a literal
enforcement of this article will result in unnecessary hardship.
D.
Who may appeal. Appeals to the Board of Adjustment may be taken by
any aggrieved person or by an officer, department, board, or bureau
of the County affected by any decision of the LWCD.
E.
Mitigation. Upon appeal, the person(s) may request a formal mitigation
process in which a plan must be presented at the time of request.
The plan will meet all of the requirements of this article with the
exception of the contested portion(s). The request will first be presented
to the Board of Adjustment and then to the County Board for approval.
A.
Violations. A violation will be determined by one of the following:
(1)
A site that is not complying with any requirement set forth in this
article as part of its permit or stormwater management and maintenance
plan.
(2)
Any activity, permitted or not, visually exhibiting gullies.
(3)
Any activity contributing unfiltered stormwater runoff that ultimately
enters into waters of the state.
B.
Notice of violation. The LWCD shall notify the violator of any violation
in writing and copy any other known responsible party involved in
the violation. The written notice shall be certified mailed with return
receipt by addressee only to the permit holder.
C.
Notice content. The notice shall describe the violation, remedial
action(s) needed and a schedule for remedial action to be completed.
Any enforcement measures shall continue until compliance is achieved.
D.
Methods of enforcement. The LWCD is authorized to use the following
methods of enforcement in any combination thereof against any responsible
party that is found to be in violation of any provision of this article:
(1)
Forfeiture. Any violator shall be subject to a forfeiture of maximum
$500 per violation plus the cost of prosecution and mitigation for
each violation. Each day that a violation exists shall constitute
a separate offense.
(2)
Stop-work order. Any violator is subject to an order to stop all
work except that which is needed as a corrective action to bring the
site into compliance.
(3)
Permit revocation. The LWCD may revoke a permit issued under this
article. Upon loss of the permit, all construction shall cease and
the site shall be stabilized, with any costs incurred by the County
to be charged against the financial assurance.
(4)
Injunction. The County, or any person affected by activities regulated
under this article, may enforce the provisions of this article by
a temporary restraining order, injunction and other such relief as
a court may order.
E.
Declared nuisances. Any land development activity carried out in
violation of the provisions of this article is hereby declared to
be a nuisance per se, and the County may apply to any court of competent
jurisdiction to restrain or abate such nuisance.
F.
Emergency action. The LWCD may enter upon any property, permitted
or not, and take any necessary emergency action to mitigate and reclaim
any gully erosion, uncontrolled stormwater runoff, or other violation
against this article that the LWCD determines is a threat to public
health, safety, welfare, the environment or downstream property, or
if the permit holder or other violator refuses to take the corrective
action as ordered by the LWCD. Any cost incurred by the LWCD as a
result of this action shall be billed to the permit holder or subtracted
from the financial assurance. The LWCD shall provide reasonable notice
to the permit holder after exercising this authority.
A.
The stormwater runoff control plan shall describe how the permit
holder will meet the standard of no greater than 10% net increase
in stormwater discharge and no visual observation of soil due to erosion
traveling outside of the property boundaries. The LWCD may recognize
other methods for determining compliance with no greater than 10%
net increases in stormwater goal and no visual erosion as they may
be documented, including any methods that may come from procedures
under Ch. NR 216, Wis. Adm. Code.[1]
B.
Stormwater runoff control plan requirements. Final stormwater control
plans shall contain the items from the current version of the Departmental
maintained and approved stormwater runoff control plan standard.
A.
Maintenance agreement required. A maintenance agreement shall be
required for all permanent stormwater and erosion control best management
practices installed to comply with the requirements of this article.
The maintenance agreement shall be independent of all other restrictions
or covenants and shall comply with all provisions of this article.
B.
Maintenance agreement provisions. The maintenance agreement shall,
at a minimum, contain all information from the current version of
the Departmental maintained and approved maintenance standard.
