[HISTORY: Adopted by the Common Council of the City of Monona
as Title 15, Ch. 2, of the 1994 Code; amended in its entirety 4-18-2022 by Ord. No. 4-22-750. Subsequent amendments noted where applicable.]
This chapter shall be known, cited and referred to as the "Erosion
and Stormwater Runoff Control Ordinance."
A.
Applicability. This chapter applies to the use of lands within the
incorporated boundaries of the City, and the use of lands subject
to extraterritorial review as provided by § 236.10, Wis.
Stats.
B.
Performance time requirement. All action required in this chapter
shall be conducted as soon as possible as determined by the administrative
authority.
This chapter is adopted by the City of Monona under the authority
of § 62.234 of the Wisconsin Statutes.
For the purposes of this chapter certain words used herein are
defined as follows:
The governmental employee designated by the Common Council
to administer this chapter, and includes any other governmental employees
who are supervised by the said authority, for the implementation and
enforcement of this chapter. The Common Council has designated the
City of Monona Director of Public Works ("Director") to administer
this chapter.
A regulated activity has significantly:
Related to or used for the commercial 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 productions and
wild crop harvesting and includes lands used for on- site buildings
and other structures necessary to carry out such activities. Clearing
and grubbing of an area or structural development are not agricultural
activity.
Alterations or disturbances of the land used for the commercial
production of food and fiber.
The rainfall information for an average year as determined
by the information in the following rainfall file: WisReg-Madison
WI 1981. RAN. This file represents a synthetic rainfall record for
the Madison area of 1981 from March 12 through December 2.
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.
A means of giving notice to the permittee or violator that
the Director believes that the permittee or violator has violated
one or more provisions of this chapter. Notice is given by posting
upon the lands where the disturbing activity occurs one or more copies
of a poster so stating the violation and by mailing a copy of this
poster by certified mail to the permittee or violator at the address
shown on the permit or to the violator at any address of record.
An erosion control plan available from the Director, which
is designed to control soil erosion and sedimentation resulting from
land-disturbing activities on sites less than 20,000 square feet and
less than 6% slopes.
The City of Monona.
An area that does not have a surface outlet, with water only
able to leave through evaporation, infiltration, or mechanical means.
For the purposes of this ordinance, the following are considered closed
watersheds:
Internally drained watersheds that are at least 20,000 square
feet in area and at least one foot in depth from invert to lowest
surface outlet.
Watersheds with no surface outlet discharges from a two-year,
twenty-four-hour design storm.
Areas that have historically not drained through surface outlets,
as determined by the Director.
An impervious surface that directly drains to a separate
storm sewer or water of the state via an impervious or concentrated
flow path.
Preventing or reducing soil erosion and sedimentation from
land-disturbing activity.
(Erosion and sediment control plan and runoff control plan)
A plan approved by the Director of methods for controlling soil erosion,
surface water runoff and sediment deposition caused by or resulting
from land-disturbing activities.
A hypothetical rainstorm that occurs with a specified recurrence
interval in Dane County. For example, a ten-year, twenty-four-hour
design storm defines a rainstorm that occurs over 24 hours, with a
recurrence interval of 10 years. The amounts associated with these
storms are further defined as follows:
One-year, twenty-four-hour design storm equals 2.49 inches over
24 hours duration using the MSE4 NRCS rainfall distribution.
Two-year, twenty-four-hour design storm equals 2.84 inches over
24 hours duration using the MSE4 NRCS rainfall distribution.
Ten-year, twenty-four-hour design storm equals 4.09 inches over
24 hours duration using the MSE4 NRCS rainfall distribution.
One-hundred-year, twenty-four-hour design storm equals 6.66
inches over 24 hours duration using the MSE4 NRCS rainfall distribution.
Two-hundred-year, twenty-four-hour design storm equals 7.53
inches over 24 hours duration using the MSE4 NRCS rainfall distribution.
Five-hundred-year, twenty-four-hour design storm equals 8.94
inches over 24 hours duration using the MSE4 NRCS rainfall distribution.
The temporary detaining or storage of stormwater in reservoirs
under predetermined and controlled conditions, with the rate of discharge
therefrom regulated by installed devices.
Any of the following activities:
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 activity; or
Creation or expansion of impervious surfaces.
Wells, sinkholes, swalletts, 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 City of Monona Director of Public Works or appointed
designee.
Any discharge, release, or spill of any substance.
An interest in land owned by another that creates a nonpossessory
right to enter and use the land of another and obligates the owner
not to interfere with the uses authorized by the easement.
The holder of a legally enforceable easement that authorizes
the activity on the land for which a permit is sought under this chapter,
including all required maintenance and access obligations.
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 by which organic matter, earth, sand, gravel, rock
or any other similar material is cut into, dug, quarried, uncovered,
removed, displaced, relocated or bulldozed and shall include the resulting
conditions.
Buildings and other structures and impervious areas existing
prior to August 22, 2001.
The vertical location of the existing ground surface prior
to excavation or filling.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported
or moved to a new location and shall include the resulting conditions.
All land disturbing activity has been completed and that
a uniform perennial vegetative cover with a density of at least 70%
has been established.
A surety bond, performance bond, maintenance bond, irrevocable
letter of credit, or similar guarantees submitted to the City to assure
that requirements of the chapter are carried out in compliance with
the stormwater management plan.
Altering the elevation of the land surface by stripping,
excavating, filling, stockpiling of soil materials or any combination
thereof and shall include the land from which the material was taken
or upon which it was placed.
Practices that use plant or soil systems, permeable pavement
or other permeable surfaces or substrates, stormwater harvest and
reuse, or landscaping to store, infiltrate, or evapotranspirate stormwater
and reduce flows to sewer systems or to surface waters. Green infrastructure
includes, but is not limited to, the following practices: rainwater
harvesting/reuse, rain gardens, bioretention systems, infiltration
basins, planters that are connected to roof drainage, vegetated swales,
permeable pavement, green roofs, and rain barrels.
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.
Has the meaning used in the runoff calculation methodology
promulgated by the United States Natural Resources Conservation Service
Engineering Field Manual for Conservation Practices.
Any discharge not composed entirely of stormwater that reaches
a municipal storm sewer system, drainage way, or waterbody, except
those authorized by a Wisconsin Pollutant Discharge Elimination System
(WPDES) permit or other discharge not requiring a WPDES permit such
as landscape irrigation, individual residential car washing, diverted
stream flows, uncontaminated groundwater infiltration, uncontaminated
pumped groundwater, discharges from potable water sources, foundation
drains, air-conditioning condensation, irrigation water, flows from
riparian habitats and wetlands, and similar discharges.
Any land cover that prevents rain or melting snow from infiltrating
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 Director.
Precipitation that does not leave the site as surface runoff.
Also known as "stay-on."
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 road side channels designed for conveyance
and pollutant removal only.
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.
A site where an area of land is subjected to minor compaction
due to the limited removal of vegetative cover or earthmoving activities.
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.
A conveyance or system of conveyances including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, constructed channels or storm drains, which meets the following
criteria:
Owned or operated by a state, city, town, borough, county, parish,
district, association, or other public body (created by or pursuant
to state law) including special districts under state law such as
a sewer district, flood control district or drainage district, or
similar entity, or an Indian tribe or an authorized Indian tribal
organization, or a designated and approved management agency under
§ 208 of the Clean Water Act that discharges into waters
of the United States.
Designed or used for collecting or conveying stormwater.
Which is not a combined sewer conveying both sanitary wastewater
and stormwater.
Which is not part of a publicly owned wastewater treatment works
that provides secondary or more stringent treatment.
Development that results in the cumulative increase of 20,000
square feet of impervious surface to a site since August 21, 2001.
Sites may be a combination of new development and redevelopment.
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.
A land owner or easement holder who has applied for a permit
under this chapter and is responsible for the requirements of the
permit.
An individual, owner, operator, corporation, partnership,
association, limited liability company, municipality, interstate agency,
state agency or federal agency.
Any land cover that permits rain or melting snow to soak
into the ground.
The Plan Commission.
The Director or his or her designee.
Refers to the extent and distribution of land cover types
after proposed site development.
Includes, but is not limited to, fuel oil, gasoline, solvents,
industrial liquids or fluids, milk, grease trap and septic tank wastes,
sanitary sewer wastes, storm sewer catch basin wastes, oil or petroleum
waste, dredged soil, solid waste, incinerator residue, sewage, garbage,
refuse, munitions, chemical wastes, biological materials, radioactive
substance, wrecked or discarded equipment, waste from mobile sources,
industrial, municipal and agricultural waste.
Refers to the extent and distribution of land cover types
present before proposed redevelopment, assuming that all land uses
prior to redevelopment 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).
Refers to the extent and distribution of land cover types
present before proposed development, assuming that all land uses prior
to development 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). Where the cumulative
impervious surface created after August 21, 2001 exceeds 20,000 square
feet, the predevelopment condition shall be that prior to August 21,
2001.
All government-owned lands which are subject to regulation
by the City, including but not limited to:
Development that replaces existing impervious surfaces or
results in the cumulative increase of less than 20,000 square feet
of impervious surface to a site since August 21, 2001 on sites predominately
developed as commercial, industrial, institutional of multifamily.
Sites may be a combination of new development and redevelopment.
The portion of rainfall, melted snow or irrigation water
that flows across the ground surface.
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, including areas that are part of a larger
common plan of development.
The net vertical rise over horizontal run, expressed as a
percentage, which represents a relatively homogeneous surface incline
or decline over the area disturbed.
Soil moved from a given site because of land-disturbing activities
or by the forces of erosion and redeposited at another site on land
or in a body of water.
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 condition in which soil has been protected from the erosive
impacts of wind, rain, and stormwater runoff as determined by the
Director or appointed designee.
The flow of water which results from, and which occurs during
and immediately following, a rainfall, snow- 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 icemelt
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.
Works of improvement for land stabilization to prevent erosion,
sediment or runoff.
Any human-made object with form, shape, and utility, either
permanently or temporarily attached to, placed upon, or set into the
ground, streambed or lake bed.
That 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.
A.
The City Council of the City of Monona finds that construction site
erosion and uncontrolled stormwater runoff from land-disturbing activity
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. 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.
The City Council of the City of Monona also finds that effective
sediment and stormwater management depends on proper planning, design
and timely installation of conservation and management practices and
their continued maintenance.
A.
The purpose of this chapter is to set forth the minimum requirements
for construction site erosion control, stormwater management, and
prevention of potentially polluting substances from reaching the municipal
storm sewer system that will diminish threats to public health, safety,
public and private property and natural resources of the City of Monona.
B.
This chapter is intended to regulate construction site erosion, stormwater
runoff, and the discharge of potentially polluting substances to the
municipal storm sewer system to accomplish the following objectives:
(1)
Promote regional stormwater management by watershed;
(2)
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 City of Monona;
(3)
Promote infiltration and groundwater recharge;
(4)
Protect functional values of natural watercourses and wetlands;
(5)
Provide a set of performance standards that are consistent with the
standards set forth by Dane County;
(6)
Achieve an 80% reduction in sediment load rates to Dane County waters
compared to no controls for all parcels where new development occurs,
a 40% reduction in sediment load rates compared to no controls for
all redeveloped parcels and street reconstructions, and a 20% reduction
in sediment load rates compared to no controls for existing developments;
(7)
Ensure no increase in the rate of surface water drainage from sites
during or after construction;
(8)
Protect public and private property from damage resulting from runoff
or erosion; and
(9)
Protect the health, safety, and general welfare of the citizens of
the City of Monona and protect the waters resources of the City of
Monona by preventing potentially polluting substances from reaching
the municipal storm sewer system, lakes, streams, and groundwater
as required by federal and state law.
Unless expressly exempted by § 216-9, an erosion control permit under § 216-11 shall be required, and all construction site erosion control provisions of this chapter shall apply, to any of the following activities in the City of Monona:
A.
Land-disturbing activity in excess of 4,000 square feet;
B.
Land-disturbing activity that involves the excavation or filling,
or a combination of excavation and filling, in excess of 400 cubic
yards of material;
C.
Land-disturbing activity that disturbs more than 100 lineal 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;
D.
Any public or private roads or access drives longer than 125 feet;
E.
Development that requires a plat, as defined in the applicable local
land division ordinance(s);
F.
Land-disturbing activity that disturbs less than 4,000 square feet
of land, including the installation of access drives, that the Director
determines to have a high risk of soil erosion or water pollution
or that may significantly impact a lake, stream, wetland area, or
the City's stormwater infrastructure. Examples of activities
with a high risk of soil erosion or water pollution may include, but
are not limited to, land disturbance on slopes greater than 12%, erodible
soil or disturbance adjacent to lakes, rivers, streams or wetlands.
All such determinations made by the Director shall be in writing,
unless waived by applicant.
Unless otherwise exempted by § 216-9 a stormwater control permit under § 216-11 shall be required, and all stormwater management provisions of this chapter shall apply, to any of the following activities within the City of Monona:
A.
Any development(s) after August 22, 2001 that result(s) in the cumulative
addition of 20,000 square feet of impervious surface to the site;
B.
Any development that requires a plat, as defined in applicable local
land division ordinance(s);
C.
Any development that requires a certified survey map, as defined
in the applicable local land division ordinance(s); for property intended
for commercial or industrial use;
D.
Land disturbing activity in excess of 4,000 square feet on sites
developed as commercial, industrial, institutional or multifamily;
E.
Other land development activities, including but not limited to redevelopment
or alteration of existing buildings and other structures, that the
Director 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 unless waived by the applicant.
A.
The following are exempt from all requirements of this chapter:
(1)
Any activity directly related to the planting, growing and harvesting
of agricultural crops except the construction of a building or other
structure.
(2)
Projects specifically exempted from local stormwater ordinances under
state or federal statute. It is the responsibility of the landowner
or easement holder to demonstrate such exemption with documentation
acceptable to the Director.
B.
The following activities are exempt from the construction site erosion control provisions of § 216-7:
(1)
One- and two-family dwelling units regulated under the Wisconsin
Uniform Dwelling Code; the City of Monona 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 dwelling are not exempt from this chapter.
C.
The following are exempted from the runoff rate control standards of § 216-13B(3) and (4):
D.
The following activities are exempt from the infiltration standards described in § 216-13B(6):
(1)
New development with less than 10% connected imperviousness, provided
the cumulative area of all impervious surface is less than one acre.
(2)
Agricultural facilities and practices.
(3)
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.
(4)
Expansion of municipal or county roads.
Purpose and intent. A preliminary review conference provides
a potential permit applicant with an initial simple evaluation of
whether erosion and stormwater control standards can be met for a
proposed site, lot layout, construction design. This review is intended
to assist applicants in preparing general site plans and other submittals
necessary to obtain an erosion control and stormwater permit. A preliminary
review conference does not guarantee that an erosion or stormwater
control plan will be approved or that a permit will be issued. Erosion
and stormwater control plans and permit applications must meet all
applicable standards and criteria for approval. A preliminary review
conference is recommended for all large sites and small sites with
complex design, implementation and maintenance issues.
B.
The applicant must provide the following when requesting a permit:
(1)
Completed application form signed by the landowner or easement holder.
If the applicant is not the landowner or easement holder, a notarized
statement authorizing the applicant to act on behalf of the landowner
or easement holder must be provided. By signing the statement, the
landowner or easement holder shall be bound by all requirements of
this ordinance and the terms of any permit issued to the applicant.
(5)
Simplified plan materials, described in § 216-12, may be provided for sites with land disturbance less than 20,000 square feet, slopes steeper than 6% disturbed for less than 15 days, and slopes flatter than 6% disturbed for less than six months.
(6)
If required by § 216-8, a stormwater management plan meeting all of the standards of § 216-13 and a draft maintenance agreement as described in § 216-13A(7).
(7)
Copies of permits or permit applications or approvals required by
any other governmental entity.
(8)
A proposed timetable and schedule for completion and installation
of all elements of approved erosion control and stormwater management
plans and a detailed schedule for completion of construction.
(9)
An estimate of the cost of completion and installation of all elements
of the approved erosion control and stormwater management plans.
(10)
Evidence of financial responsibility to complete the work proposed
in the plan. The Director may require a financial security instrument
sufficient to guarantee completion of the project.
C.
Approval process.
(2)
Within a thirty-day time frame, the Director shall either approve
the submitted plan or notify the applicant of any deficiencies.
(3)
The Director shall notify the applicant in writing of any deficiency
in the proposed plan, and the applicant shall be given an opportunity
to correct any deficiency. Staff engaged in this review and approval
process shall be certified where appropriate by the Wisconsin Department
of Safety and Professional Services for this purpose.
(4)
Where stormwater practices will be implemented, an affidavit which describes the property by legal description, notifying future prospective purchasers of the existence of a stormwater permit issued under this chapter and applicable plan, timetables and potential liability imposed by Subsection I(3) for failure to bring the property into compliance with this chapter after notification shall be recorded with the Dane County Register of Deeds prior to issuance of an erosion and stormwater control permit. The foregoing information shall also be noted on every plat and certified survey map.
(5)
The erosion control or stormwater management permit shall be issued
by the Director after the applicant has met all other requirements
of this chapter.
D.
Permit conditions.
(1)
The plan shall be implemented prior to the start of any land-disturbing
activity and shall be maintained over the duration of the project.
Stormwater components of the plan shall be maintained in perpetuity.
(2)
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.
(3)
Application for a permit shall constitute express permission by the permittee and landowner for the Director to enter the property for purposes of inspection under Subsection E or curative action under Subsection I(3). If the permittee is an easement holder such entry must be consistent with the terms of the easement. The application form shall contain a prominent provision advising the applicant and landowner of this requirement.
(4)
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.
(5)
A copy of the approved permit and erosion control plan shall be kept
on the project site, in a place readily accessible to contractors,
engineers, City inspection staff and other authorized personnel.
E.
Inspections.
(1)
Application for a permit under this chapter shall constitute permission by the applicant and landowner for the Director to enter upon the property and inspect during the construction phase prior to the inspections pursuant to Subsection E(4) and (8), as necessary to confirm compliance with the requirements of this chapter.
(2)
As part of the plan approval process, the Director shall determine
the minimum number of inspections required to assure compliance.
(3)
The permittee shall notify the Director within 24 hours prior to
beginning installation of erosion control practices and within 10
days after installation of all practices in an approved erosion control
plan and achievement of soil stabilization.
(4)
The Director shall inspect the property to verify compliance with
the erosion control plan within 10 days of notification of soil stabilization.
(5)
During construction the permittee shall inspect the site weekly,
prior to every forecasted rainfall event of 0.5 inches or greater,
and within 24 hours after a precipitation event of 0.5 inches or greater.
A precipitation event may be considered to be the total amount of
precipitation recorded in any continuous twenty-four-hour period.
(6)
The format and content of inspection reports used by the permittee
shall be approved by the Director.
(7)
Within 10 days after installation of all practices in an approved
stormwater management plan, the permittee shall notify the Director
and submit as-built certification to ensure that constructed stormwater
management practices and conveyance systems comply with the details
and specifications included in the approved plans. The as-built certification
shall include a set of drawings, stamped by a professional engineer,
comparing the approved stormwater management plan with what was constructed.
Other information shall be submitted as required by the Director.
(8)
The Director shall inspect the property to verify compliance within
10 days after receiving notification of the stormwater management
facilities installation.
(9)
Maintenance is the responsibility of the owner, and facilities are
subject to inspection and orders for repairs.
F.
Permit transfers.
(1)
When a permittee and landowner act 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 Director.
(2)
When a permittee and landowner transfers ownership, possession or
control of real estate subject to either or both an uncompleted erosion
control stormwater management plan, the successor in interest to any
portion of the real estate shall be responsible to control soil erosion
and runoff and shall comply with the minimum standards provided in
this chapter.
(3)
When ownership, possession or control of property subject to an uncompleted
erosion control or stormwater management plan, or both, is transferred,
the former owner (seller) shall notify the new owner (buyer) as to
the current status of compliance with notice to the authority and
provide a copy of the erosion control plan or stormwater management
plan, or both.
(4)
Transfers of interest in real estate subject to an approved uncompleted
plan may be conducted consistent with this chapter under any of the
following arrangements:
(a)
The transferee shall file a new approved erosion control or
stormwater management plan, or both, with the authority.
(b)
The transferee shall obtain an approved assignment from the
authority as subpermittee to complete that portion of the approved
plan regulating soil erosion and runoff on the transferee's property.
(c)
The permittee shall provide the authority with a duly completed
and executed continuing surety bond or certified check in an amount
sufficient to complete the work proposed in the approved plan; at
the time of transfer the permittee may seek to reduce the surety bond
or certified check to the appropriate amount to complete remaining
work. If the transferor enters into escrow agreements with transferees
to complete an approved plan, these funds shall be available to the
authority to attain plan compliance. When an approved erosion control
plan and, if required, a stormwater management plan is or are not
completed as proposed, the authority may use the surety bond to complete
remaining work to achieve plan compliance.
G.
Plan or permit amendments. Any proposed modifications to approved
plans, construction schedules or alterations to accepted sequencing
of land-disturbing activity shall be approved by the Director prior
to implementation of said changes.
H.
Permit application durations.
(1)
Erosion control plan timetables and construction schedules must begin
within one year of the date the permit application is filed.
I.
Enforcement.
(1)
Stop-work order.
(a)
Whenever the Director finds any noncompliance with the provisions
of this chapter, the Director 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, that 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 Director shall post in a conspicuous place on the premises,
a stop-work order, which shall cause all activity not necessary to
correct the noncompliance to cease until noncompliance is corrected.
(b)
The stop-work order shall provide the following information:
date of issuance, street address, reason for posting, and the signature
of the inspector posting the order.
(c)
The unauthorized removal of the stop-work order from the premises
shall be a violation of the chapter.
(2)
In addition to posting a stop-work order, the Director shall provide
notification to the owner or contractor by personal service, written
notice by certified mail, electronic mail, or facsimile transmission.
(a)
The permittee, landowner and contractor shall have 24 hours
from the time and date of notification by the Director to correct
any noncompliance with the plan when notification is by either personal
communication of noncompliance to owner or contractor or their respective
agents or written notice is sent by certified mail to owner or contractor.
(3)
If any noncompliance is not corrected within the time periods specified in Subsection I(2)(a) or (b), the permittee and landowner authorize the Director to take any action, to perform any work, or to commence any operations necessary to correct conditions upon the subject property where notice of noncompliance has been issued to bring the property into conformance with plan requirements. The permittee and landowner further consent to reimburse the authority for the total costs and expenses of the aforementioned actions, said reimbursement may be collected as a special charge upon the property for current services rendered, as provided by law.
(4)
If the permittee has filed an appeal under § 216-17A(1) prior to the expiration of the time for compliance under Subsection I(2)(a) or (b), the Director may take action, perform work or correct conditions only to the extent necessary to protect against or correct an imminent hazard or a condition that will cause or threatens to cause personal injury or damage to off-site property.
J.
Penalties.
(1)
Any person or persons, firm, company or corporation, owner, occupant
or other user of the premises who violates, disobeys, omits, neglects
or refuses to comply with or resists the enforcement of any of the
provisions of this chapter shall be subject to a forfeiture as listed
in the City's Schedule of Fees, Fines and Forfeitures.
(2)
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 confined
in the County Jail until such forfeiture is paid, in accordance with
§ 800.095, Wis. Stats.
(3)
As a substitute for or as an addition to forfeiture actions under Subsection J(1) or corrective action under Subsection I(3), the Monona City Attorney is authorized to seek enforcement of any part of this chapter by court action seeking injunctive relief. It shall not be necessary for the City of Monona to take corrective action or prosecute for forfeiture before resorting to injunctive relief.
K.
Fees. The permit fee shall be payable at the time an application
for either an erosion control or a stormwater management permit, or
both, is submitted.
A.
Plan materials. Erosion control plans shall include at a minimum
the following information:
(1)
Property lines, lot dimensions and limits of disturbed area including
disturbed areas within five feet of the property line;
(2)
Limits and quantities of impervious area, including, but not necessarily
limited to, buildings, roads, driveways, parking lots, and indicate
type of paving and surfacing material;
(3)
All natural and artificial water features, including, but not limited
to, lakes, ponds, streams (including intermittent streams) and ditches.
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;
(4)
Areas of natural woodland and prairie;
(5)
Cross sections of and profiles of channels, swales and road ditches;
(6)
Culvert sizes;
(7)
Direction of flow of runoff;
(8)
Watershed size for each drainage area;
(9)
Design discharge for ditches and structural measures;
(10)
Runoff velocities;
(11)
Fertilizer and seeding rates and recommendations;
(12)
Time schedules for stabilization of ditches and slopes;
(13)
Description of methods by which sites are to be developed and
a detailed land disturbance schedule including time schedules for
stabilization of ditches and slopes;
(14)
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;
(15)
Provisions to prevent mud-tracking off site onto public thoroughfares
during the construction period;
(16)
Provisions to disconnect impervious surfaces, where feasible;
(17)
Provisions to prevent sediment delivery to, and accumulation
in, any proposed or existing stormwater conveyance systems;
(18)
Copies of permits or permit applications required by any other
unit of government or agency;
(19)
Existing and proposed elevations (referenced to the North American
Vertical Datum of 1988, where available) and existing and proposed
contours in the area, where deemed necessary; and
(20)
Any other information necessary to reasonably determine the
location, nature and condition of any physical or environmental features
of the site.
B.
Simplified plan materials.
(1)
Sites meeting the conditions of § 216-11B(5) may instead provide, at a minimum, the following information:
(a)
Narrative describing the project.
(b)
Site plan of known scale that includes property lines, disturbed
area limits, impervious area limits (existing and proposed), natural
and artificial water features, 100-year floodplain, delineated wetland
boundaries, and location of all proposed erosion control practices.
(c)
Contours (existing and proposed).
(d)
Watershed size for each drainage area, including areas draining
to the site.
(e)
Provisions to prevent tracking sediment onto public roads.
(f)
Provisions to prevent sediment delivery to, and accumulation
in, any proposed or existing stormwater conveyance systems.
(g)
Proposed erosion control practices.
(h)
Construction schedule that includes dates of erosion control
practice installation, start of land disturbance and site stabilization.
(i)
Culvert sizes (existing and proposed).
(j)
Any other information necessary to reasonable determine the
location, nature and conditions of any physical or environmental features
of the site.
(2)
Simplified plan checklists shall be reviewed by the Director for
completeness and accuracy.
C.
Erosion control performance standards.
(1)
Proposed design, suggested location and phased implementation of
effective practicable erosion control measures for plans shall be
designed, engineered and implemented to achieve the following results:
(a)
Prevent gully and bank erosion.
(b)
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 5.0 tons sediment yield per
acre annually, as determined using the U.S. Natural Resources Conservation
Service Technical Guide or another commonly accepted soil erosion
methodology approved by The Dane County Land and Water Resources Department,
that considers season of year, site characteristics, soil erodibility
and slope. Erosion control measures for plan approval need not attempt
to regulate soil transportation within the boundaries of the applicant's
site.
(c)
Provide stable outlet capable of carrying design discharge flow as required in § 216-13B(4) 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.
(d)
Prevent or reduce all of the following:
[1]
The deposition of soil from being tracked onto streets by vehicles.
[2]
The discharge of sediment from disturbed areas into on-site
stormwater inlets.
[3]
The discharge of sediment from disturbed areas into adjacent
waters of the state.
[4]
The discharge of sediment from drainage ways that flow off the
site.
[5]
The discharge of sediment by dewatering activities.
[6]
The discharge of sediment eroding from soil stockpiles existing
for more than seven days.
[7]
The transport by runoff of chemicals, cement and other building
compounds and materials on the construction site during the construction
period.
D.
Implementation.
(1)
The BMPs used to comply with this section shall be implemented as
follows:
(a)
Erosion and sediment control practices shall be constructed
or installed before land disturbing activity begins.
(b)
Erosion and sediment control practices shall be maintained until
final stabilization.
(c)
Final stabilization activity shall commence when land disturbing
activity ceases and final grade has been reached on any portion of
the site.
(d)
Temporary stabilization activity shall commence when land disturbing
activity has temporarily ceased and will not resume for a period exceeding
14 calendar days.
(e)
BMPs that are no longer necessary for erosion and sediment control
shall be removed.
E.
Grading within five feet of property line.
(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 activity 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 begins. 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.
(c)
Existing drainageways and drainage easements along property
lines shall be maintained, including, but not limited to, natural
watercourses and stormwater management areas shown on plats and certified
survey maps.
(d)
The Director may authorize grading resulting in changes to the
existing topography at and within five feet of any property line if
the following are provided:
A.
Plan materials. Stormwater management plans shall satisfy all of the requirements in Subsection B and shall address at a minimum the following information:
(1)
A narrative describing the proposed project, including implementation
schedule for planned practices:
(2)
Identification of the entity responsible for long-term maintenance
of the project;
(3)
A map showing drainage areas for each watershed area;
(4)
A summary of runoff peak flow rate calculations by watershed area,
including:
(a)
Predevelopment peak flow rates;
(b)
Post-development peak flow rates with no detention;
(c)
Post-development peak flow rates with detention;
(d)
Assumed runoff curve numbers (RCNs); and
(e)
Time of concentration (Tc) used in calculations.
(f)
Demonstration of the ability to meet the runoff rate control performance standards of § 216-13B(4) without inundating buildings or causing damage to structures.
(5)
A complete site plan and specifications, signed by the person who
designed the plan. All plans shall be drawn to an easily legible scale,
shall be clearly labeled, and shall include, at a minimum, all of
the following information:
(a)
Property lines and lot dimensions;
(b)
All buildings and outdoor uses, existing and proposed, including
all dimensions and setbacks;
(c)
All public and private roads, interior roads, driveways and
parking lots. Show traffic patterns and type of paving and surfacing
material;
(d)
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 wetlands
delineation, or both, may be required at the applicant's expense;
(e)
Depth to bedrock;
(f)
Depth to seasonal high-water table;
(g)
The extent and location of all soil types as described in the
Dane County Soil Survey, slopes exceeding 12%, and areas of natural
woodland or prairie;
(h)
Existing and proposed elevations [referenced to the North American
Vertical Datum (USGS) of 1988] and existing and proposed contours
in the area requiring a grading and filling permit with a maximum
of two-foot contour intervals;
(i)
Elevations, sections, profiles and details as needed to describe
all natural and artificial features of the project;
(j)
Soil erosion control and overland runoff control measures, including
runoff calculations as appropriate;
(k)
Detailed construction schedule;
(l)
Copies of permits or permit applications required by any other
governmental entities or agencies;
(m)
Any other information necessary to reasonably determine the
location, nature and condition of any physical or environmental features;
(n)
Location of all stormwater management practices;
(o)
All existing and proposed drainage features;
(p)
The location and area of all proposed impervious surfaces; and
(q)
The limits and area of the disturbed area.
(6)
Engineered designs for all structural management practices.
(7)
A description of methods to control oil and grease or written justification
for not providing such control.
(8)
A maintenance plan and schedule for all permanent stormwater management practices as recorded on the affidavit required in § 216-11C(4) as well as a description for methods to inspect and report to the City of any illicit discharges.
(10)
Flood elevation for the 200-year design storm and proposed minimum
opening elevation.
B.
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:
(1)
Sediment control.
(a)
For new development, design practices to retain soil particles
greater than five microns on the site (80% reduction) resulting from
a one-year design storm, according to approved procedures and assuming
no sediment resuspension.
(b)
For redevelopment resulting in exposed surface parking and drive
areas, design practices to retain soil particles greater than 20 microns
on the entire site (40% reduction) resulting from a one-year design
storm, 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.
(c)
For redevelopment with proposed impervious surface area greater
than 80% of existing, the first 0.5 inch of runoff from impervious
surfaces must be captured using green infrastructure.
(2)
Oil and grease control. For all commercial or industrial development
and all other uses where the potential for pollution by oil or grease,
or both, exists, the first 0.5 inches of runoff must be treated using
the best oil and grease removal technology available. This requirement
may be waived by the plan reviewer only when the applicant can demonstrate
that installation of such practices is unnecessary.
(3)
Runoff rate control, hydrologic calculations. All runoff calculations
shall be according to the methodology described in the Natural Resources
Conservation Service's Technical Release 55, "Urban Hydrology
for Small Watersheds" (commonly known as TR-55), or other methodology
approved by the Director. 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.
|
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
|
|
*
|
When dual HSG are specified, the drained condition shall be
assumed.
|
(4)
Runoff rate control - design standards. All stormwater facilities
shall be designed, installed and maintained to effectively accomplish
the following:
(a)
Redevelopment.
[1]
Maintain pre-redevelopment peak runoff rates for the two-year,
twenty-four-hour design storm.
[2]
Maintain pre-redevelopment peak runoff rates for the ten-year,
twenty-four-hour design storm.
[3]
Safely pass peak runoff from the 200-year design storm without
inundating buildings or causing damage to structures.
(5)
Outlets. Provide a stable outlet capable of carrying designed flow as required in Subsection B(4), 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.
(6)
Infiltration.
(a)
Redevelopment. All downspouts, driveways, and other impervious
areas shall be directed to pervious surfaces, where feasible, or the
applicant can demonstrate that the practice is likely to result in
groundwater contamination.
(b)
New development.
[1]
For new development, design practices to infiltrate sufficient
runoff volume so that post-development infiltration volume shall be
at least 90% of the predevelopment infiltration volume, based upon
average annual rainfall.
[2]
The maximum predevelopment runoff curve number (RCN) used in such calculations shall be those shown in § 216-13B(3), 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 conform to the design standards in § 216-16 and be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality.
[5]
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:
|
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
|
Not applicable
|
Not applicable
|
|
All other impervious source areas
|
3 feet or more
|
Filtering layer
|
[6]
Prohibitions. 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 2 industrial
facilities identified in § NR 216.21(2)(b), Wis. Adm. Code.
[c]
Fueling and vehicle maintenance areas.
[d]
Areas within 1,000 feet upgradient or within 100
feet downgradient of direct conduits to groundwater.
[e]
Areas with runoff from industrial, commercial and
institutional parking lots and roads and residential arterial roads
with less than five feet of separation distance from the bottom of
the infiltration system to the elevation of seasonal high groundwater
or the top of bedrock.
[f]
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.
[g]
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.
[7]
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.
[8]
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 reasonably achievable, the infiltration system
may not be installed or shall be modified to prevent infiltration
to the maximum extent practicable.
(7)
Closed watersheds. Pre-development modeling must include closed watersheds
areas. Sites within closed watersheds must be designed to achieve
90% stay-on without exemption. Sites with areas subject to inundation
(ground elevations below the watershed outlet elevation) must include:
C.
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:
(1)
For existing development, design practices to retain soil particles
greater than 40 microns on the site (20% reduction) resulting from
a one-year, twenty-four-hour design storm, according to approved procedures
and assuming no sediment resuspension.
(2)
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 design storm, according to approved procedures
and assuming no sediment resuspension.
Off-site stormwater management is allowed, provided that all
of the following conditions for the off-site facility are met:
A.
The facility is in place.
B.
The facility is designed and adequately sized to provide a level
of stormwater control that at least meets the ordinance standards.
C.
The facility has a legally obligated entity responsible for its long-term
operation and maintenance.
D.
All required fees have been paid to the operator of the off-site
stormwater management.
A.
Each applicant who is granted a stormwater management permit, and who has signed and recorded the required maintenance agreement, shall submit to the Director a report on the condition of the site's stormwater management facilities. This report shall be submitted by June 30 in each of the first two years following the Director's inspection and approval of the stormwater management facilities per § 216-11E(8). Following the first two years' reports, subsequent report submittals shall be due every even-numbered year thereafter.
B.
The report shall be completed and sealed by a professional engineer currently licensed in the State of Wisconsin on forms provided by the Director. The Director, at his or her discretion, may allow other appropriately credentialed professionals to complete and seal this work. The requirement that the report be sealed by a professional engineer or other approved credentialed professional may be omitted in the case of a stormwater management plan consisting solely of storm sewer inlet filters and/or catch basin sumps, provided that the applicant can provide the appropriate documentation and dated photos acceptable to the Director as outlined in § 216-15D(1) and (2).
C.
Sites which include detention and/or infiltration basins require completion and submittal of a topographic survey every four years. The Director, at his or her discretion, may allow the topographic survey to be submitted less frequently, or may allow that the survey be satisfied through the submittal of adequate photographic documentation as outlined in § 216-15D(2).
D.
The report shall include the following:
(1)
Documentation of the completion of the required periodic maintenance,
as required by the stormwater management maintenance agreement for
the site, including copies of receipts (actual prices paid need not
be reported) from agents hired to perform the work and the date the
work was completed.
(2)
Documentation of inspection for evidence of illicit discharges.
(3)
Photos of the stormwater management facilities at the time of inspection.
This shall include photos of the existing conditions and photos after
completion of any required maintenance.
E.
If the report identifies any shortcomings in required stormwater
facility maintenance, the responsible for the maintenance shall complete
the maintenance within 90 days of the date the report is filed. Such
maintenance shall include, but not be limited to, dredging and vegetative
restoration, as applicable.
F.
If an applicant fails to timely submit any required report, or fails
to complete any required maintenance, the Director shall authorize
completion of the report or required maintenance, with the cost to
complete the report or maintenance charged back against the real property
under § 66.0627, Wis. Stats.
The design of all best management practices designed to meet
the requirements of this chapter shall comply with the following technical
standards:
A.
Appeals.
(1)
Any person aggrieved by any decision of the Director pursuant to
this chapter may appeal to the Zoning Board of Appeals. Such appeal
shall be taken within 30 days after the challenged decision. Notice
of appeal setting forth the specific grounds for the appeal shall
be filed with the Director and the Zoning Board of Appeals. The Zoning
Administrator shall forthwith transmit to the Zoning Board of Appeals
the record upon which the action appealed from was taken.
(2)
The Zoning Board of Appeals shall fix a reasonable time for the hearing
of the appeal and publish a Class 2 notice thereof under Ch. 985,
Wis. Stats., as well as give due notice to the parties in interest,
and decide the same within a reasonable time. At the hearing any party
may appear in person or by agent or attorney.
(3)
The Zoning Board of Appeals may, in conformity with the provisions
of this chapter, reverse or affirm, wholly or partly, or modify the
order, requirement, decision or determination appealed from and may
make such order, requirement decision or determination as ought to
be made, and shall have all the powers of the officer from whom the
appeal is taken.
(4)
The concurring vote of four members of the Zoning Board of Appeals
shall be necessary to reverse the decision of the Director.
(5)
A person aggrieved by a decision of the Zoning Board of Appeals may
appeal that decision to the Common Council by filing a notice of appeal
with the Director and City Clerk within 30 days of the decision.
B.
Variances.
(1)
An applicant may include in the application a request for a variance from the requirements of § 216-12 or 216-13. No variance shall be granted unless applicant demonstrates that all of the following conditions are present:
(a)
Enforcement of the standards set forth in this chapter will
result in unnecessary hardship to the landowner;
(b)
The hardship is due to exceptional physical conditions unique
to the property;
(c)
Granting the variance will not adversely affect the public health,
safety or welfare, nor be contrary to the spirit, purpose and intent
of this chapter;
(d)
The applicant has proposed an alternative to the requirement
from which the variance is sought that will provide equivalent protection
of the public health, safety and welfare, the environment and public
and private property;
(e)
The net cumulative effect of the variance will not impact downstream
conditions; and
(f)
Existing regional facilities are shown to meet the performance
standards of this chapter.
(2)
If all of the conditions set forth in Subsection B(1) are met, a variance may only be granted to the minimum extent necessary to afford relief from the unnecessary hardship, with primary consideration to water quality.
(3)
A variance from the provisions of § 216-13B may only be granted if:
(a)
The applicant has met the requirements of § 216-17B(1); and
(b)
The applicant will be denied all reasonable and beneficial use
of the property if the variance is denied.
(4)
A person aggrieved by a decision of the Zoning Board of Appeals regarding
a variance may appeal that decision to the Common Council by filing
a notice of appeal with the Director and City Clerk within 30 days
of the decision.
The provisions of Chapter 50, Discharge of Pollutants to the
Waters of Dane County, Dane County Code of Ordinances, as may be amended
from time to time, are adopted by reference and made part of this
chapter as if set fourth in full. A violation of any such rules shall
constitute a violation of this section.
A.
Delegation of administrative authority.
(1)
The Director or appointed designee shall administer, approve plans
and enforce the provisions of this chapter on private lands within
the City of Monona.
(2)
The Director or appointed designee shall administer, approve plans
and enforce the provisions of this chapter on public lands and, upon
request, shall review and approve erosion and runoff control plans
for private property in the City of Monona.
(3)
The Director or appointed designee shall administer, approve plans
and enforce the provisions of this chapter on lands being subdivided
by plat or certified survey within the extraterritorial limits for
plat review in accordance with § 236.10, Wis. Stats., for
erosion and runoff control, including both public lands and private
land.
B.
Administrative duties. The administration and enforcement of this
chapter shall include the following duties:
(1)
Keep an accurate record of all plan data received, plans approved,
permits issued, inspections made and other official records.
(2)
Review all plans and permit applications received when accompanied
with the necessary information and the appropriate fee, and issue
the permits.
(3)
Investigate all complaints made to the application of this chapter.
(4)
Revoke any permit granted under this chapter if the holder of the
permit has misrepresented any material fact in the permit application
or plan, or has failed to comply with the plan as originally approved
or as modified in writing, or has violated one of the other conditions
of the permit as issued to the applicant.
Permits are subject to a fee and violations of, or noncompliance
with, the provisions of this ordinance are subject to forfeitures
as prescribed in the Schedule of Fees, Fines and Forfeitures adopted
by the Common Council.
In addition to the requirements of this chapter, every person
required to obtain a permit hereunder shall comply with all applicable
regulations promulgated by state or federal agencies governing construction
site erosion control and stormwater runoff, as they may be amended
from time to time, including, but not limited to, the regulations
contained in Chapter NR 151, Wis. Adm. Code. Should the requirements
of this chapter conflict with the applicable state or federal requirements,
the more restrictive standard shall apply. Every application for a
permit under this chapter shall demonstrate compliance with all applicable
standards.
