[HISTORY: Adopted by the Common Council of the City of Fox
Lake as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-7-2015]
A.
This article is adopted under the authority granted by § 62.234,
Wis. Stats. This article supersedes all provisions of an ordinance
previously enacted under § 62.23, Wis. Stats., that relate
to construction site erosion control. Except as otherwise specified
in § 62.234, Wis. Stats., § 62.23, Wis. Stats.,
applies to this article and to any amendments to this article.
B.
The provisions of this article are deemed not to limit any other
lawful regulatory powers of the same governing body.
C.
The Common Council hereby designates the City Engineer to administer
and enforce the provisions of this article.
D.
The requirements of this article do not preempt more stringent erosion
and sediment control requirements that may be imposed by any of the
following:
(1)
Wisconsin Department of Natural Resources administrative rules, permits
or approvals, including those authorized under §§ 281.16
and 283.33, Wis. Stats.
(2)
Targeted nonagricultural performance standards promulgated in rules
by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
The Common Council finds that runoff from land disturbing construction
activity carries a significant amount of sediment and other pollutants
to the waters of the state within the City of Fox Lake.
It is the purpose of this article to further the maintenance
of safe and healthful conditions; prevent and control water pollution;
prevent and control soil erosion; 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, by minimizing the amount of sediment and other pollutants
carried by runoff or discharged from land disturbing construction
activity to waters of the state within the City of Fox Lake.
A.
Applicability.
(1)
This article applies to construction activities with land disturbance activity in excess of 4,000 square feet, except as provided under Subsection A(2).
(2)
This article does not apply to the following:
(a)
Land disturbing construction activity that includes the construction
of a building and is otherwise regulated by the Wisconsin Department
of Safety and Professional Services in Chs. SPS 320 to SPS 325 or
SPS 361 to SPS 366, Wis. Adm. Code.
(b)
A construction project that is exempted by federal statutes
or regulations from the requirement to have a National Pollutant Discharge
Elimination System permit issued under 40 CFR 122 for land disturbing
construction activity.
(c)
Nonpoint discharges from agricultural facilities and practices.
(d)
Nonpoint discharges from silviculture activities.
(e)
Routine maintenance for project sites under five acres of land
disturbance if performed to maintain the original line and grade,
hydraulic capacity or original purpose of the facility.
(3)
Notwithstanding the applicability requirements in Subsection A(1), this article applies to construction sites of any size that, in the opinion of the City Engineer, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
C.
Exclusions. This article is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.,
but also including the office of District Attorney, which is subject
to the state plan promulgated or a memorandum of understanding entered
into under § 281.33(2), Wis. Stats.
As used in this article, the following terms shall have the
meanings indicated:
A governmental employee that is designated by the Common
Council to administer this article. The Common Council has designated
the City Engineer as the administering authority.
Has the meaning in § 281.16(1), Wis. Stats.
A calendar year of precipitation, excluding snow, which is
considered typical.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the state.
A day the office of the City Engineer is routinely and customarily
open for business.
A court-issued order to halt land disturbing construction
activity that is being conducted without the required permit.
An area upon which one or more land disturbing construction
activities occur, including areas that are part of a larger common
plan of development or sale where multiple separate and distinct land
disturbing construction activities may be taking place at different
times on different schedules but under one plan.
The process by which the land's surface is worn away
by the action of wind, water, ice or gravity.
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
The unincorporated area within 1.5 miles of the corporate
limits of the City of Fox Lake.
All land disturbing construction activities at the construction
site have been completed and a uniform, perennial, vegetative cover
has been established, with a density of at least 70% of the cover,
for the unpaved areas and areas not covered by permanent structures,
or employment of equivalent permanent stabilization measures.
The Common Council of the City of Fox Lake, Wisconsin.[1]
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. "Land disturbing
construction activity" includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
Have the same meaning as in Chapter 512, Subdivision of Land, of the City Code of Ordinances.
A level of implementing best management practices in order
to achieve a performance standard specified in this article which
takes into account the best available technology, cost-effectiveness
and other competing issues, such as human safety and welfare, endangered
and threatened resources, historic properties and geographic features.
MEP allows flexibility in the way to meet the performance standards
and may vary based on the performance standard and site conditions.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the City Engineer to the
applicant to conduct land disturbing construction activity or to discharge
post-construction runoff to waters of the state.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
Any entity holding fee title to the property or performing
services to meet the performance standards of this article through
a contract or other agreement.
Stormwater or precipitation including rain, snow or ice melt
or similar water that moves on the land surface via sheet or channelized
flow.
Settleable solid material that is transported by runoff,
suspended within runoff or deposited by runoff away from its original
location.
A conveyance or system of conveyances, including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria:
The entire area included in the legal description of the
land on which the land disturbing construction activity is proposed
in the permit application.
An order issued by the City Engineer which requires that
all construction activity on the site be stopped.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
Has the meaning given in § 281.01(18), Wis. Stats.
A.
Design criteria, standards and specifications. All BMPs required
to comply with this article shall meet the design criteria, standards
and specifications based on any of the following:
(1)
Applicable design criteria, standards and specifications identified
in the Wisconsin Construction Site Best Management Practice Handbook,
WDNR Pub. WR-222, November 1993 Revision.
(2)
Other design guidance and technical standards identified or developed
by the Wisconsin Department of Natural Resources under Subchapter
V of Chapter NR 151 of the Wisconsin Administrative Code.
(3)
For this article, average annual basis is calculated using the appropriate
annual rainfall or runoff factor, also referred to as the R factor,
or an equivalent design storm using a Type II distribution, with consideration
given to the geographic location of the site and the period of disturbance.
A.
Responsible party. The responsible party shall implement an erosion and sediment control plan developed in accordance with § 260-9 that incorporates the requirements of this section.
B.
Plan. A written plan shall be developed in accordance with § 260-9 and implemented for each construction site.
C.
Erosion and other pollutant control requirements. The plan required under Subsection B shall include the following:
(1)
Best management practices that, by design, achieve to the maximum
extent practicable a reduction of 80% of the sediment load carried
in runoff, on an average annual basis, as compared with no sediment
or erosion controls, until the construction site has undergone final
stabilization. No person shall be required to exceed an 80% sediment
reduction to meet the requirements of this subsection. Erosion and
sediment control BMPs may be used alone or in combination to meet
the requirements of this subsection. Credit toward meeting the sediment
reduction shall be given for limiting the duration or area, or both,
of land disturbing construction activity or other appropriate mechanism.
For the purposes of this article, soil loss prediction tools that
estimate the sediment load leaving the construction site under varying
land and management conditions or methodology identified in Subchapter
V of Chapter NR 151 of the Wisconsin Administrative Code may be used
to calculate sediment reduction.
(2)
Notwithstanding Subsection C(1), if BMPs cannot be designed and implemented to reduce the sediment load by 80%, on an average annual basis, the plan shall include a written and site-specific explanation as to why the 80% reduction goal is not attainable and the sediment load shall be reduced to the maximum extent practicable.
(3)
Where appropriate, the plan shall include sediment controls to do
all of the following to the maximum extent practicable:
(4)
The use, storage and disposal of chemicals, cement and other compounds
and materials used on the construction site shall be managed during
the construction period to prevent their entrance into waters of the
state. However, projects that require the placement of these materials
in waters of the state, such as constructing bridge footings or BMP
installations, are not prohibited by this subsection.
D.
Location. The BMPs used to comply with this section shall be located
prior to runoff entering waters of the state.
E.
Alternate requirements. The City Engineer may establish stormwater
management requirements more stringent than those set forth in this
section if the City Engineer determines that an added level of protection
is needed for sensitive resources.
A.
Permit required. No responsible party may commence a land disturbing
construction activity subject to this article without receiving prior
approval of an erosion and sediment control plan for the site and
a permit from the City Engineer.
B.
Permit application and fees. At least one responsible party desiring to undertake a land disturbing construction activity subject to this article shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 260-9 and shall pay an application fee set by the Common Council to the City. In addition to the application fee, the developer or landowner is also responsible for the costs incurred by the City Engineer for plan review or for inspection under § 260-11 or enforcement under § 260-12 of this article. By submitting an application, the applicant is authorizing the City Engineer to enter the site to obtain information required for the review of the erosion and sediment control plan.[1]
C.
Review and approval of permit application. The City Engineer shall
review any permit application that is submitted with an erosion and
sediment control plan and the required fee. The following approval
procedure shall be used:
(1)
Within 30 calendar days of the receipt of a complete permit application, as required by Subsection B, the City Engineer shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this article.
(2)
If the permit application and plan are approved, the City Engineer
shall issue the permit.
(3)
If the permit application or plan is disapproved, the City Engineer
shall state in writing the reasons for disapproval.
(4)
The City Engineer may request additional information from the applicant.
If additional information is submitted, the City Engineer shall have
30 calendar days from the date the additional information is received
to inform the applicant that the plan is either approved or disapproved.
(5)
Failure by the City Engineer to inform the permit applicant of a
decision within 30 calendar days of a required submittal shall be
deemed to mean approval of the submittal and the applicant may proceed
as if a permit had been issued.
D.
Surety bond. As a condition of approval and issuance of the permit,
the City Engineer may require the applicant to deposit a surety bond
or irrevocable letter of credit to guarantee a good faith execution
of the approved erosion control plan and any permit conditions.
E.
Permit requirements. All permits shall require the responsible party
to:
(1)
Notify the City Engineer within 48 hours of commencing any land disturbing
construction activity.
(2)
Notify the City Engineer of completion of any BMPs within 14 days
after their installation.
(3)
Obtain permission in writing from the City Engineer prior to any modification pursuant to § 260-9C of the erosion and sediment control plan.
(4)
Install all BMPs as identified in the approved erosion and sediment
control plan.
(5)
Maintain all road drainage systems, stormwater drainage systems,
BMPs and other facilities identified in the erosion and sediment control
plan.
(6)
Repair any siltation or erosion damage to adjoining surfaces and
drainageways resulting from land disturbing construction activities
and document repairs in a site erosion control log.
(7)
Inspect the BMPs within 24 hours after each rain of 0.5 inch or more
which results in runoff during active construction periods and at
least once each week make needed repairs and document the findings
of the inspections in a site erosion control log with the date of
inspection, the name of the person conducting the inspection, and
a description of the present phase of the construction at the site.
(8)
Allow the City Engineer to enter the site for the purpose of inspecting
compliance with the erosion and sediment control plan or for performing
any work necessary to bring the site into compliance with the control
plan. Keep a copy of the erosion and sediment control plan at the
construction site.
G.
Permit duration. Permits issued under this section shall be valid
for a period of 180 days or the length of the building permit or other
construction authorizations, whichever is longer, from the date of
issuance. The City Engineer may extend the period one or more times
for up to an additional 180 days. The City Engineer may require additional
BMPs as a condition of the extension if they are necessary to meet
the requirements of this article.
H.
Maintenance. The responsible party throughout the duration of the
construction activities shall maintain all BMPs necessary to meet
the requirements of this article until the site has undergone final
stabilization.
A.
Erosion and sediment control plan preparation and contents.
(1)
An erosion and sediment control plan shall be prepared and submitted
to the City Engineer.
(2)
The erosion and sediment control plan shall be designed to meet the performance standards in § 260-7 and other requirements of this article.
(3)
The erosion and sediment control plan shall address pollution caused
by soil erosion and sedimentation during construction and up to final
stabilization of the site. The erosion and sediment control plan shall
include, at a minimum, the following items:
(a)
The name(s) and address(es) of the owner or developer of the
site and of any consulting firm retained by the applicant, together
with the name of the applicant's principal contact at such firm.
The application shall also include start and end dates for construction.
(b)
Description of the site and the nature of the construction activity,
including representation of the limits of land disturbance on a United
States Geological Survey 7.5-minute series topographic map.
(c)
A sequence of construction of the development site, including
stripping and clearing; rough grading; construction of utilities,
infrastructure, and buildings; and final grading and landscaping.
Sequencing shall identify the expected date on which clearing will
begin, the estimated duration of exposure of cleared areas, areas
of clearing, installation of temporary erosion and sediment control
measures, and establishment of permanent vegetation.
(d)
Estimates of the total area of the site and the total area of
the site that is expected to be disturbed by construction activities.
(e)
Estimates, including calculations, if any, of the runoff coefficient
of the site before and after construction activities are completed.
(f)
Calculations to show the expected percent reduction in the average
annual sediment load carried in runoff as compared to no sediment
or erosion controls.
(g)
Existing data describing the surface soil as well as subsoils.
(h)
Depth to groundwater, as indicated by Natural Resources Conservation
Service soil information where available.
(i)
Name of the immediate named receiving water from the United
States Geological Survey 7.5-minute series topographic maps.
(4)
The erosion and sediment control plan shall include a site map. The
site map shall include the following items and shall be at a scale
not greater than 100 feet per inch and at a contour interval not to
exceed five feet.
(a)
Existing topography, vegetative cover, natural and engineered
drainage systems, roads and surface waters. Lakes, streams, wetlands,
channels, ditches and other watercourses on and immediately adjacent
to the site shall be shown. Any identified one-hundred-year floodplains,
flood-fringes and floodways shall also be shown.
(b)
Boundaries of the construction site.
(c)
Drainage patterns and approximate slopes anticipated after major
grading activities.
(d)
Areas of soil disturbance.
(e)
Location of major structural and nonstructural controls identified
in the plan.
(f)
Location of areas where stabilization practices will be employed.
(g)
Areas which will be vegetated following construction.
(h)
Areal extent of wetland acreage on the site and locations where
stormwater is discharged to a surface water or wetland.
(i)
Locations of all surface waters and wetlands within one mile
of the construction site.
(j)
An alphanumeric or equivalent grid overlying the entire construction
site map.
(5)
Each erosion and sediment control plan shall include a description
of appropriate controls and measures that will be performed at the
site to prevent pollutants from reaching waters of the state. The
plan shall clearly describe the appropriate control measures for each
major activity and the timing during the construction process that
the measures will be implemented. The description of erosion controls
shall include, when appropriate, the following minimum requirements:
(a)
Description of interim and permanent stabilization practices,
including a practice implementation schedule. Site plans shall ensure
that existing vegetation is preserved where attainable and that disturbed
portions of the site are stabilized.
(b)
Description of structural practices to divert flow away from
exposed soils, store flows or otherwise limit runoff and the discharge
of pollutants from the site. Unless otherwise specifically approved
in writing by the City Engineer, structural measures shall be installed
on upland soils.
(c)
Management of overland flow at all sites, unless otherwise controlled
by outfall controls.
(d)
Trapping of sediment in channelized flow.
(e)
Staging construction to limit bare areas subject to erosion.
(f)
Protection of downslope drainage inlets where they occur.
(g)
Minimization of tracking at all sites.
(h)
Clean up of off-site sediment deposits.
(i)
Proper disposal of building and waste materials at all sites.
(j)
Stabilization of drainageways.
(k)
Control of soil erosion from dirt stockpiles.
(l)
Installation of permanent stabilization practices as soon as
possible after final grading.
(m)
Minimization of dust to the maximum extent practicable.
(6)
The erosion and sediment control plan shall require that velocity
dissipation devices be placed at discharge locations and along the
length of any outfall channel, as necessary, to provide a nonerosive
flow from the structure to a watercourse so that the natural physical
and biological characteristics and functions are maintained and protected.
B.
Erosion and sediment control plan statement. For each construction site identified under § 260-4A(3), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the City Engineer. The control plan statement shall briefly describe the site, including a site map. Further, it shall also include the best management practices that will be used to meet the requirements of this article, including the site development schedule.
C.
Amendments. The applicant shall amend the plan if any of the following
occur:
(1)
There is a change in design, construction, operation or maintenance
at the site which has the reasonable potential for the discharge of
pollutants to waters of the state and which has not otherwise been
addressed in the plan.
(2)
The actions required by the plan fail to reduce the impacts of pollutants
carried by construction site runoff.
(3)
The City Engineer notifies the applicant of changes needed in the
plan.
The fees referred to in other sections of this article may from
time to time be modified by Common Council resolution. A schedule
of fees shall be available for review at City Hall.
If land disturbing construction activities are being carried
out without a permit required by this article, the City Engineer may
enter the land pursuant to the provisions of § 66.0119(1),
(2), and (3), Wis. Stats.
A.
The City Engineer may post a stop-work order if any of the following
occurs:
B.
If the responsible party does not cease activity as required in a
stop-work order posted under this section or fails to comply with
the erosion and sediment control plan or permit conditions, the City
Engineer may revoke the permit.
C.
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the City Engineer, or if a responsible party violates a stop-work order posted under Subsection A, the City Engineer may request the City Attorney to obtain a cease-and-desist order in any court with jurisdiction.
E.
After posting a stop-work order under Subsection A, the City Engineer may issue a notice of intent to the responsible party of his intent to perform work necessary to comply with this article. The City Engineer may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the City Engineer, plus interest at the rate authorized by City Engineer, shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Subchapter VII of Chapter 66 of the Wisconsin Statutes.
G.
Compliance with the provisions of this article may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease-and-desist order before resorting
to injunctional proceedings. Injunctional orders are authorized pursuant
to § 62.23(8), Wis. Stats.
A.
Appeals to Planning Commission. The Planning Commission shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the City Engineer in administering this article, except for cease-and-desist orders obtained under § 260-12C. The Planning Commission may authorize upon appeal variances from the provisions of this article which are not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of this article will result in unnecessary hardship. The rules, procedures, duties, and powers established by the City for the Zoning Board of Appeals shall apply to appeals to the Planning Commission under this article.
B.
Who may appeal. Appeals to the Planning Commission may be taken by
any aggrieved person or by any office, department, board, or bureau
of the City of Fox Lake affected by any decision of the City Engineer.
[Adopted 10-7-2015]
A.
This article is adopted by the Common Council under the authority
granted by § 62.234, Wis. Stats. This article supersedes
all provisions of an ordinance previously enacted under § 62.23,
Wis. Stats., that relate to stormwater management regulations. Except
as otherwise specified in § 62.234, Wis. Stats., § 62.23,
Wis. Stats., applies to this article and to any amendments to this
article.
B.
The provisions of this article are deemed not to limit any other
lawful regulatory powers of the same governing body.
C.
The Common Council hereby designates the City Engineer to administer
and enforce the provisions of this article.
D.
The requirements of this article do not preempt more stringent stormwater
management requirements that may be imposed by any of the following:
(1)
Wisconsin Department of Natural Resources administrative rules, permits
or approvals, including those authorized under §§ 281.16
and 283.33, Wis. Stats.
(2)
Targeted nonagricultural performance standards promulgated in rules
by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
(3)
Rules related to state-approved total maximum daily load (TMDL) standards
applicable to the Upper Rock River watershed [eight-digit Federal
Hydrologic Unit Code (HUC) 0709001].
The Common Council finds that uncontrolled post-construction
runoff has a significant impact upon water resources and the health,
safety and general welfare of the community and diminishes the public
enjoyment and use of natural resources. Specifically, uncontrolled
post-construction runoff can:
A.
Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
B.
Diminish the capacity of lakes and streams to support fish, aquatic
life, recreational and water supply uses by increasing pollutant loading
of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
C.
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads.
D.
Reduce the quality of groundwater by increasing pollutant loading.
E.
Threaten public health, safety, property and general welfare by overtaxing
storm sewers, drainageways, and other minor drainage facilities.
F.
Threaten public health, safety, property and general welfare by increasing
major flood peaks and volumes.
G.
Undermine floodplain management efforts by increasing the incidence
and levels of flooding.
A.
Purpose. The general purpose of this article is to establish long-term
post-construction runoff management requirements that will diminish
the threats to public health, safety, welfare and the aquatic environment.
Specific purposes are to:
(1)
Further the maintenance of safe and healthful conditions.
(2)
Prevent and control the adverse effects of stormwater; prevent and
control soil erosion; prevent and control water pollution; protect
spawning grounds, fish and aquatic life; control building sites, placement
of structures and land uses; preserve ground cover and scenic beauty;
and promote sound economic growth.
(3)
Control exceedance of the safe capacity of existing drainage facilities
and receiving water bodies; prevent undue channel erosion; control
increases in the scouring and transportation of particulate matter;
and prevent conditions that endanger downstream property.
B.
Intent. It is the intent of the Common Council that this article
regulates post-construction stormwater discharges to waters of the
state. This article may be applied on a site-by-site basis. The Common
Council recognizes, however, that the preferred method of achieving
the stormwater performance standards set forth in this article is
through the preparation and implementation of comprehensive, systems-level
stormwater management plans that cover hydrologic units, such as watersheds,
on a municipal and regional scale. Such plans may prescribe regional
stormwater devices, practices or systems, any of which may be designed
to treat runoff from more than one site prior to discharge to waters
of the state. Where such plans are in conformance with the performance
standards developed under § 281.16, Wis. Stats., for regional
stormwater management measures and have been approved by the Common
Council, it is the intent of this article that the approved plan be
used to identify post-construction management measures acceptable
for the community.
A.
Applicability.
(1)
Where not otherwise limited by law, this article applies to the following, unless the site is otherwise exempt under Subsection A(2) below:
(2)
A site that meets any of the criteria in this subsection is exempt
from the requirements of this article:
(a)
A post-construction site with less than 10% connected imperviousness
based on the area of land disturbance, provided that the cumulative
area of all impervious surfaces is less than one acre.
(b)
Agricultural facilities and practices.
(c)
Underground utility construction, such as water, sewer and fiber-optic
lines. This exemption does not apply to the construction of any aboveground
structures associated with utility construction.
(3)
Notwithstanding any other provisions of this article, it shall be
a violation of this article for any person to create, permit, establish,
maintain, or allow to be maintained any condition or activity that
causes excessive runoff or erosion to adjacent land, public streets,
or water bodies. Penalties and remedies may be sought for such activities.
Erosion and runoff are excessive when, in the opinion of the City
Engineer, an unsafe condition results in the streets, sedimentation
occurs in lakes and streams, environmentally sensitive lands are threatened,
runoff endangers downstream property, or the public health, safety,
or general welfare of the citizens of the City is otherwise threatened
or harmed. Compliance with the standards and criteria in this article
shall not bar a nuisance action or other civil action brought by an
injured public or private party for damage to property or other rights
that were damaged by runoff.
C.
Exclusions. This article is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.,
but also including the office of District Attorney, which is subject
to the state plan promulgated or a memorandum of understanding entered
into under § 281.33(2), Wis. Stats.
As used in this article, the following terms shall have the
meanings indicated:
A governmental employee that is designated by the Common
Council to administer this article. The Common Council has designated
the City Engineer as the administering authority.
Has the meaning given in § 281.16(1), Wis. Stats.
The NOAA publication "Precipitation-Frequency Atlas of the
United States, Volume 8, Version 2.0: Midwestern States" and further
refined for county-by-county applicability to Wisconsin by the NRCS
in the publication "Wisconsin Supplement to NEH Part 650, Chapter
2, for Atlas 14," January 2015.
A typical calendar year of precipitation as determined by
the Department for users of models such as SLAMM, P8, or equivalent
methodology. The average annual rainfall for the purposes of this
article shall be the rainfall record for Madison, Wisconsin, from
March 12, 1981 to December 2, 1981.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the state.
A day the office of the City Engineer is routinely and customarily
open for business.
A court-issued order to halt land disturbing construction
activity that is being conducted without the required permit.
A system for conveying both sanitary sewage and stormwater
runoff.
An impervious surface connected to the waters of the state
via a separate storm sewer, an impervious flow path, or a minimally
pervious flow path.
The Department of Natural Resources.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
Residential, commercial, industrial or institutional land
uses and associated roads.
Wells, sinkholes, swallets, fractured bedrock at the surface,
mine shafts, nonmetallic mines, tile inlets discharging to groundwater,
quarries, or depressional groundwater recharge areas over shallow
fractured bedrock.
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
The process by which the land's surface is worn away
by the action of wind, water, ice or gravity.
Waters listed in § NR 102.11, Wis. Adm. Code.
Development in existence on the date of adoption of this article. For the purposes of determining applicability standards for new development or redevelopment under § 260-20 of this article, no development created after the date of adoption of this article shall be considered "existing."
The unincorporated area within 1.5 miles of the corporate
limits of the City of Fox Lake.
Soil that has at least a three-foot deep layer with at least
20% fines, or at least a five-foot deep layer with at least 10% fines,
or an engineered soil with an equivalent level of protection as determined
by the City Engineer for the site.
All land disturbing construction activities at the construction
site have been completed and a uniform, perennial, vegetative cover
has been established, with a density of at least 70% of the cover,
for the unpaved areas and areas not covered by permanent structures,
or employment of equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the City Engineer
by the responsible party to assure that requirements of this article
are carried out in compliance with the stormwater management plan.
The Common Council of the City of Fox Lake, Wisconsin.[1]
A water body impaired in whole or in part and listed by the
Department pursuant to 33 U.S.C. § 1313(d)(1)(A) and 40
CFR 130.7 for not meeting a water quality standard, including a water
quality standard for a specific substance or the water body's
designated use.
An area that releases as runoff all or a large portion of
the precipitation that falls on it, except for frozen soil. Rooftops,
sidewalks, driveways, parking lots and streets are examples of areas
that typically are impervious.
An undeveloped area of land surrounded by existing development
or a combination of existing development and natural or man-made features
where development cannot occur. "Infill" does not include any undeveloped
area that was part of a larger new development subject to the requirements
of this article. See the definitions for "existing development" and
"new development" elsewhere in this section.
The entry of precipitation or runoff into or through the
soil.
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices such as swales or roadside channels designed for conveyance
and pollutant removal only.
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater,
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. "Land disturbing
construction activity" includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.[2]
Shall have the same meaning as in Chapter 512, Subdivision of Land, of the City Code of Ordinances.
A legal document that provides for long-term maintenance
of stormwater management practices.
The highest level of performance that is achievable but is
not equivalent to a performance standard identified in Subchapter
III or IV of Chapter NR 151 of the Wisconsin Administrative Code,
as determined in accordance with § NR 151.006, Wis. Adm.
Code.
A rainfall type curve as established by the Natural Resources
Conservation Service (NRCS) and referenced in the publication "Wisconsin
Supplement to NEH Part 650, Chapter 2, for Atlas 14," January 2015.
The MSE Type 3 curve is applicable to all of Dodge County.
Development resulting from the conversion of previously undeveloped
land or agricultural land uses. Any development that replaces development
that occurred after the date of adoption of this article shall be
classified as new development. For purposes of this article, any given
development may have portions of redevelopment and new development
on the same site; the City Engineer is authorized to make final decisions
regarding which portions of a site are redevelopment and which are
new development.
Located outside the property boundary described in the permit
application.
Located within the property boundary described in the permit
application.
Has the meaning given in § NR 115.03(6), Wis. Adm.
Code.
Waters listed in § NR 102.10, Wis. Adm. Code.
The percentage of a given sample of soil which passes through
a No. 200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the City Engineer to the
applicant to conduct land disturbing construction activity or to discharge
post-construction runoff to waters of the state.
A sum of money paid to the City Engineer by the permit applicant
for the purpose of recouping the expenses incurred by the authority
in administering the permit.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
A construction site following the completion of land disturbing
construction activity and final site stabilization.
The extent and distribution of land cover types present before
the initiation of land disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
Has the meaning given in § NR 140.05(17), Wis.
Adm. Code.
Areas where newer development is replacing development that
existed as of the date of adoption of this article. Any development
that replaces development that occurred after the date of adoption
of this article shall be classified as new development. For purposes
of this article, any given development may have portions of redevelopment
and new development on the same site; the City Engineer is authorized
to make final decisions regarding which portions of a site are redevelopment
and which are new development.
Any entity holding fee title to the property or other person
contracted or obligated by other agreement to implement and maintain
post-construction stormwater BMPs.
Stormwater or precipitation including rain, snow or ice melt
or similar water that moves on the land surface via sheet or channelized
flow.
A conveyance or system of conveyances, including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria:
Activities including tree nursery operations, tree harvesting
operations, reforestation, tree thinning, prescribed burning, and
pest and fire control. Clearing and grubbing of an area of a construction
site is not a silviculture activity.
The entire area included in the legal description of the
land on which the land disturbing construction activity occurred.
An order issued by the City Engineer which requires that
all construction activity on the site be stopped.
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has undergone final stabilization
following completion of the construction activity.
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
An edge, or point on the landscape, landward from the ordinary
high-water mark of a surface water of the state where the slope of
the land begins to be less than 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the initial
50 feet landward from the ordinary high-water mark, the top of the
channel is the ordinary high-water mark.
The United States Department of Agriculture, Natural Resources
Conservation Service (previously Soil Conservation Service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986.
Has the meaning given in § 283.01(20), Wis. Stats.
The following methods shall be used in designing the water quality,
peak flow control and infiltration components of stormwater practices
needed to meet the water quality standards of this article:
A.
Technical standards identified, developed or disseminated by the
Wisconsin Department of Natural Resources under Subchapter V of Chapter
NR 151 of the Wisconsin Administrative Code.
B.
Where technical standards have not been identified or developed by
the Wisconsin Department of Natural Resources, other technical standards
may be used, provided that the methods have been approved by the City
Engineer.
A.
Responsible party. The responsible party shall implement a post-construction
stormwater management plan that incorporates the requirements of this
section.
B.
Plan. A written stormwater management plan in accordance with § 260-22 shall be developed and implemented for each post-construction site.
C.
Requirements. The plan required under Subsection B above shall include the following:
(1)
Pollutants. Best management practices (BMPs) shall be designed, installed
and maintained to control pollutants carried in runoff from the post-construction
site as follows:
(a)
For new development, BMPs shall be designed to reduce total suspended solids (TSS) by 80% based on average annual rainfall as compared with no controls or to the minimum requirements of the TMDL as referenced in § 260-14D(3) of this article, whichever is greater, or to the maximum extent practicable as provided in Subsection C(1)(c) below.
(b)
For redevelopment, BMPs shall be designed to reduce total suspended solids (TSS) by 40% from parking areas and roads based on average annual rainfall as compared with no controls or to the minimum requirements of the TMDL as referenced in § 260-14D(3) of this article, whichever is greater, or to the maximum extent practicable as provided in Subsection C(1)(c) below. [Note: While this article specifies use of the most recent TMDL, the TMDL for the Rock River watershed published in July 2011 is most current as of the adoption date of this article. The July 2011 TMDL indicates that for areas draining to Alto Creek the reduction of baseline total phosphorus (TP) shall be 27% and the reduction of baseline total suspended solids (TSS) shall be 23%; for areas draining to Fox Lake, reduction of baseline TP shall be 40% and reduction of baseline TSS shall be 34%; and for areas draining to Mill Creek or Beaver Dam Lake, reduction of baseline TP shall be 34% and reduction of baseline TSS shall be 20%. The reduction standards listed in Subsection C(1)(a) and (b) above are sufficient to meet the July 2011 TMDL standards.]
(c)
If the design cannot meet the pollutant reduction performance standards of Subsection C(1)(a) and (b) above the stormwater management plan shall include a written, site-specific explanation of why the pollutant reduction performance standard cannot be met and why the pollutants will be reduced only to the maximum extent practicable (MEP). The City Engineer shall make the final determination regarding acceptability of a proposal utilizing an MEP approach.
(d)
Off-site drainage. When designing BMPs, runoff draining to the
BMP from off site shall be taken into account in determining the treatment
efficiency of the practice. Any impact on the efficiency shall be
compensated for by increasing the size of the BMP accordingly.
(2)
Peak discharge.
(a)
This subsection applies to new development and infill development
greater than five acres and does not apply to redevelopment or infill
development less than five acres.
(b)
By design, BMPs shall be employed to maintain or reduce the
peak runoff discharge rates from the post-construction site to the
maximum extent practicable, as compared to predevelopment conditions,
for the one-, two-, and ten-year, twenty-four-hour design storms.
For the purposes of this article, the design storm depths for the
one-, two-, and ten-year events shall be 2.38 inches, 2.68 inches,
and 3.81 inches, respectively, as published in Atlas 14. These rainfall
amounts shall be used with the MSE Type 3 distribution.
(c)
By design, BMPs shall be employed to reduce the peak runoff
discharge rates from the post-construction site for the one-hundred-year,
twenty-four-hour design storm such that the site BMPs and conveyance
systems (including all public or private engineered systems and all
natural drainage courses) both upstream and downstream of the site
can safely pass the design storm discharge from the site and adjoining
contributing drainage areas. For the purposes of this article, the
design storm depth for the one-hundred-year event shall be 6.24 inches
as published in Atlas 14. This rainfall amount shall be used with
the MSE Type 3 distribution. For the purposes of this article, "safely
pass" shall mean:
[1]
For existing stormwater conveyance systems, whether upstream
or downstream from the project site, flood elevations shall not be
increased. For purposes of this article, unless additional information
in the form of a detailed engineering study has been conducted, it
may be assumed that flood elevations will not be increased if one-hundred-year
peak discharge rates from the post-construction site are limited to
no more than predeveloped conditions.
[2]
For new stormwater detention facilities, flow from the facility
shall be contained within an engineered conveyance such as a pipe,
swale, overflow section, or similar, and shall not overtop perimeter
berms.
[3]
For areas adjacent to new conveyance systems (on site and off
site both upstream and downstream of the site), one foot of freeboard
to the adjacent ground elevation of any existing building shall be
maintained.
[4]
For new public roads, no overtopping shall occur. For new driveways
and other minor vehicular ways, overtopping depths shall be limited
to six inches.
(d)
Predevelopment conditions shall assume "good hydrologic conditions"
for appropriate land covers as identified in TR-55 or an equivalent
methodology. The meanings of "hydrologic soil group" and "runoff curve
number" are as defined in TR-55. The runoff curve numbers in Table
1 shall be used to represent the actual predevelopment condition.
Where the predevelopment condition is a combination of land uses,
the runoff curve number shall be prorated by area.
|
Table 1: Maximum Predevelopment Runoff Curve Numbers
| |||||
|---|---|---|---|---|---|
|
Hydrologic Soil Group
|
A
|
B
|
C
|
D
| |
|
Woodland
|
30
|
55
|
70
|
77
| |
|
Grassland
|
39
|
61
|
71
|
78
| |
|
Cropland
|
55
|
69
|
78
|
83
| |
(3)
Infiltration.
(a)
Requirements. Best management practices shall be designed, installed, and maintained to infiltrate runoff in accordance with the following, or to the maximum extent practicable given the limitations listed in Subsection C(3)(c), (d), and (f).
[1]
Low imperviousness. For development with up to 40% connected
imperviousness, such as parks, cemeteries, and low-density residential
development, infiltrate sufficient runoff volume so that the post-development
infiltration volume shall be at least 90% of the predevelopment infiltration
volume, based on an average annual rainfall. However, when designing
appropriate infiltration systems to meet this requirement, no more
than 1% of the post-construction site is required as an effective
infiltration area.
[2]
Moderate imperviousness. For development with more than 40%
and up to 80% connected imperviousness, such as medium- and high-density
residential, multifamily development, industrial and institutional
development, and office parks, infiltrate sufficient runoff volume
so that the post-development infiltration volume shall be at least
75% of the predevelopment infiltration volume, based on an average
annual rainfall. However, when designing appropriate infiltration
systems to meet this requirement, no more than 2% of the post-construction
site is required as an effective infiltration area.
[3]
High imperviousness. For development with more than 80% connected
imperviousness, such as commercial strip malls, shopping centers,
and commercial downtowns, infiltrate sufficient runoff volume so that
the post-development infiltration volume shall be at least 60% of
the predevelopment infiltration volume, based on an average annual
rainfall. However, when designing appropriate infiltration systems
to meet this requirement, no more than 2% of the post-construction
site is required as an effective infiltration area.
(b)
Predevelopment conditions shall be determined in the same manner as described in Subsection C(2)(d).
(c)
Source area limitations.
[1]
Prohibitions. Runoff from the following areas may not be infiltrated and may not qualify as contributing to meeting the requirements of this section unless demonstrated to meet the conditions of Subsection C(3)(f):
[a]
Areas associated with Tier 1 industrial facilities
identified in § NR 216.21(2)(a), Wis. Adm. Code, including
storage, loading, rooftop and parking. Rooftops may be infiltrated
with the concurrence of the regulatory authority.
[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.
[2]
Exemptions. Runoff from the following areas may be credited
toward meeting the requirement when infiltrated, but the decision
to infiltrate runoff from these source areas is optional:
[a]
Parking areas and access roads within 5,000 square
feet for commercial development.
[b]
Parking areas and access roads less than 5,000 square feet for industrial development not subject to prohibitions under Subsection C(3)(c)[1].
[c]
Redevelopment sites.
[d]
Infill development areas less than five acres.
[e]
Roads in commercial, industrial, and institutional
land uses and arterial residential roads.
(d)
Locations of practices.
[1]
Prohibitions. Infiltration practices may not be located in the
following areas:
[a]
Areas within 1,000 feet upgradient or within 100
feet downgradient of direct conduits to groundwater.
[b]
Areas within 400 feet of a community water system
well as specified in § NR 811.16(4), Wis. Adm. Code, or
within the separation distances listed in § NR 812.08, Wis.
Adm. Code, for any private well or non-community well for runoff infiltrated
from commercial, including multifamily, residential, industrial, and
institutional land uses or regional devices for one- and two-family
residential development.
[c]
Areas where contaminants of concern, as defined
in § NR 720.03(2), Wis. Adm. Code, are present in the soil
through which infiltration will occur.
[2]
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. Additionally, applicable requirements for injection
wells classified under Ch. NR 815, Wis. Adm. Code, shall be followed.
|
Table 2: Separation Distances and Soil Characteristics
| |||
|---|---|---|---|
|
Source Area
|
Separation Distance
|
Soil Characteristics
| |
|
Industrial, commercial and 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
| ||
|
All other impervious source areas
|
3 feet or more
|
Filtering layer
| |
[3]
Infiltration rate exemptions. Infiltration practices located
in the following areas may be credited toward the requirement under
the following conditions, but the decision to infiltrate under these
conditions is optional:
[a]
Where the infiltration rate of the soil is less
than 0.6 inch per hour measured at the site using a scientifically
credible field test method.
[b]
Where the least permeable soil horizon to five
feet below the proposed bottom of the infiltration system using the
U.S. Department of Agriculture method of soils analysis is one of
the following: sandy clay loam, clay loam, silty clay loam, sandy
clay, silty clay, or clay.
(e)
Alternate use. Where alternate uses of runoff are employed,
such as for toilet flushing, laundry, or irrigation or storage on
green roofs where an equivalent portion of the runoff is captured
permanently by rooftop vegetation, such alternate use shall be given
equal credit toward the infiltration volume required by this section.
(f)
Groundwater standards.
[1]
Infiltration systems designed in accordance with this section
shall, to the extent technically and economically feasible, minimize
the level of pollutants infiltrating to groundwater and shall maintain
compliance with the preventive action limit at a point of standards
application in accordance with Ch. NR 140, Wis. Adm. Code. However,
if site-specific information indicates that compliance with a preventive
action limit is not achievable, the infiltration BMP may not be installed
or shall be modified to prevent infiltration to the maximum extent
practicable.
[2]
Notwithstanding Subsection C(3)(f)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standard application.
(g)
Pretreatment. Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial, and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection C(3)(f). Pretreatment options may include, but are not limited to, oil and grease separation, sedimentation, biofiltration, filtration, swales, or filter strips.
(4)
Protective areas.
(a)
"Protective area" means an area of land that commences at the
top of the channel of lakes, streams and rivers, or at the delineated
boundary of wetlands, and that is the greatest of the following widths,
as measured horizontally from the top of the channel or delineated
wetland boundary to the closest impervious surface. However, in this
subsection, "protective area" does not include any area of land adjacent
to any stream enclosed within a pipe or culvert, such that runoff
cannot enter the enclosure at this location.
[1]
For outstanding resource waters and exceptional resource waters,
and for wetlands in areas of special natural resource interest as
specified in § NR 103.04, Wis. Adm. Code: 75 feet.
[2]
For perennial and intermittent streams identified on a United
States Geological Survey 7.5-minute series topographic map or a county
soil survey map, whichever is more current: 50 feet.
[3]
For lakes: 50 feet.
[4]
For wetlands not subject to Subsection C(4)(a)[5] or [6]: 50 feet.
[5]
For highly susceptible wetlands: 50 feet. Highly susceptible
wetlands include the following types: fens, sedge meadows, bogs, low
prairies, conifer swamps, shrub swamps, other forested wetlands, fresh
wet meadows, shallow marshes, deep marshes and seasonally flooded
basins.[1]
[6]
For less susceptible wetlands: 10% of the average wetland width,
but no less than 10 feet nor more than 30 feet. Less susceptible wetlands
include degraded wetlands dominated by invasive species such as reed
canary grass.
[7]
In Subsection C(4)(a)[4] to [6], determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in § NR 103.03, Wis. Adm. Code.
[8]
Wetland boundary delineation shall be made in accordance with
§ NR 103.08(1m), Wis. Adm. Code. This subsection does not
apply to wetlands that have been completely filled in compliance with
all applicable state and federal regulations. The protective area
for wetlands that have been partially filled in compliance with all
applicable state and federal regulations shall be measured from the
wetland boundary delineation after fill has been placed. Where there
is a legally authorized wetland fill, the protective area standard
need not be met in that location.
[9]
For concentrated flow channels with drainage areas greater than
130 acres: 10 feet.
[10]
Notwithstanding Subsection C(4)(a)[1] to [9], the greatest protective area width shall apply where rivers, streams, lakes, and wetlands are contiguous.
(b)
This subsection applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection C(4)(d).
(c)
The following requirements shall be met:
[1]
Impervious surfaces shall be kept out of the protective area
to the maximum extent practicable. The stormwater management plan
shall contain a written site-specific explanation for any parts of
the protective area that are disturbed during construction.
[2]
Where land disturbing construction activity occurs within a
protective area, and where no impervious surface is present, adequate
sod or self-sustaining vegetative cover of 70% or greater shall be
established and maintained. The adequate sod or self-sustaining vegetative
cover shall be sufficient to provide for bank stability, maintenance
of fish habitat and filtering of pollutants from upslope overland
flow areas under sheet flow conditions. Nonvegetative materials, such
as rock riprap, may be employed on the bank as necessary to prevent
erosion, such as on steep slopes or where high-velocity flows occur.
[3]
Best management practices such as filter strips, swales, or
wet detention basins that are designed to control pollutants from
nonpoint sources may be located in the protective area.
(d)
This subsection does not apply to:
[1]
Redevelopment sites.
[2]
Infill development areas less than five acres.
[3]
Structures that cross or access surface waters such as boat
landings, bridges and culverts.
[4]
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.
[5]
Post-construction sites from which runoff does not enter the
surface water, including wetlands, without first being treated by
a BMP to meet the requirements of this article, except to the extent
that vegetative ground cover is necessary to maintain bank stability.
(5)
Fueling and vehicle maintenance areas. Fueling and vehicle maintenance
areas shall, to the maximum extent practicable, have BMPs designed,
installed and maintained to reduce petroleum within runoff, such that
the runoff that enters water of the state contains no visible petroleum
sheen.
(6)
Timing. The BMPs that are required in this article shall be installed
before the construction site has undergone final stabilization.
D.
General considerations for on-site and off-site stormwater management
measures. The following considerations shall be observed in managing
runoff:
(1)
Natural topography and land cover features such as natural swales,
natural depressions, native soil infiltrating capacity, and natural
groundwater recharge areas shall be preserved and used, to the extent
possible, to meet the requirements of this section.
(2)
Emergency overland flow for all stormwater facilities shall be provided
to prevent exceeding the safe capacity of downstream drainage facilities
and prevent endangerment of downstream property or public safety.
E.
Location and regional treatment option.
(1)
The BMPs may be located on site or off site as part of a regional
stormwater device, practice or system.
(2)
Post-construction runoff within a nonnavigable surface water that
flows into a BMP, such as a wet detention pond, is not required to
meet the performance standards of this article. Post-construction
BMPs may be located in nonnavigable surface waters.
(3)
Except as allowed under Subsection E(4), post-construction runoff from new development shall meet the post-construction performance standards prior to entering a navigable surface water.
(4)
Post-construction runoff from any development within a navigable
surface water that flows into a BMP is not required to meet the performance
standards of this article if:
(5)
Runoff from existing development, redevelopment and infill areas
shall meet the post-construction performance standards in accordance
with this subsection.
(a)
To the maximum extent practicable, BMPs shall be located to
treat runoff prior to discharge to navigable surface waters.
(b)
Post-construction BMPs for such runoff may be located in a navigable
surface water if allowable under all other applicable federal, state
and local regulations, such as Ch. NR 103, Wis. Adm. Code, and Ch.
30, Wis. Stats.
(6)
The discharge of runoff from a BMP, such as a wet detention pond,
or after a series of such BMPs is subject to this chapter.
(7)
The City Engineer may approve off-site management measures provided
that all of the following conditions are met:
(a)
The City Engineer determines that the post-construction runoff
is covered by a stormwater management system plan that is approved
by the City of Fox Lake and that contains management requirements
consistent with the purpose and intent of this article.
(b)
The off-site facility meets all of the following conditions:
[1]
The facility is in place.
[2]
The facility is designed and adequately sized to provide a level
of stormwater control equal to or greater than that which would be
afforded by on-site practices meeting the performance standards of
this article.
[3]
The facility has a legally obligated entity responsible for
its long-term operation and maintenance.
(8)
Where a regional treatment option exists such that the City Engineer
exempts the applicant from all or part of the minimum on-site stormwater
management requirements, the applicant shall be required to pay a
fee in an amount determined in negotiation with the City Engineer.
In determining the fee for post-construction runoff, the City Engineer
shall consider an equitable distribution of the cost for land, engineering
design, construction, and maintenance of the regional treatment option.
F.
Alternate requirements. The City Engineer may establish stormwater
management requirements more stringent than those set forth in this
section if the City Engineer determines that an added level of protection
is needed to protect sensitive resources.
A.
Permit required. Unless specifically excluded by this article, no
land occupier or land user may undertake a land disturbing activity
subject to this article without receiving a permit from the City Engineer
prior to commencing the proposed activity. The Building Inspector
shall determine whether a permit is required under this article and,
if necessary, shall not issue a building permit or construction site
permit until the stormwater permit is issued. The developer shall
submit a permit application with the appropriate fee as adopted by
the Common Council of the City of Fox Lake.
B.
Control plan required. Unless specifically exempted by this article,
every applicant for a stormwater permit shall develop and submit a
plan to control runoff that would result from the proposed activity.
If the development is required to receive coverage from the Department
under the statewide WPDES permitting program and has received said
coverage, the submitted control plan and evidence of DNR approval
shall accompany the permit application.
C.
Review of application. The City Engineer shall receive and review
all permit applications that are accompanied by the appropriate fee
and control plan if required. The City Engineer shall determine whether
measures included in the plan to control erosion, sedimentation and
runoff during and after the land disturbing activities are adequate
to meet all applicable standards. The City Engineer shall, within
30 calendar days from the receipt of the permit application, control
plan and appropriate fee, inform the applicant in writing whether
the plan is approved, disapproved, or approved conditionally. Should
the applicant modify a conditionally approved plan, there shall be
no additional permit fee. The City Engineer has 30 calendar days to
review the modified plan and issue a decision. Failure to render a
written decision within 30 calendar days shall be deemed to mean approval
of the plan as submitted, and the applicant may proceed as if a permit
has been issued. If a plan is disapproved, the applicant may resubmit
a new control plan or may appeal the City Engineer's decision
to the Planning Commission.
D.
Consultant services. If the City retains the services of professional
consultants to assist the City in its review of a proposed permit
application and/or control plan, the applicant may be required to
reimburse the City for the costs incurred by the City to retain such
services. Such reimbursement shall be in addition to the permit fees
and other fees paid by the applicant. Such consultants may include,
but are not limited to, planners, engineers, architects, attorneys,
and/or environmental specialists. The City may require the applicant
to enter into an agreement providing for the reimbursement to the
City of said costs, which may be required to include an irrevocable
letter of credit or other appropriate sureties equal to the cost of
said services.
E.
Permit conditions. All permits issued under this article shall be
subject to the following conditions and requirements. Any permittee
shall be deemed to have accept all of these conditions.
(1)
All disturbances, construction, and development shall be done pursuant
to the control plan as approved by the City Engineer.
(2)
The permittee shall give at least two working days' notice to
the City Engineer in advance of the start of any land disturbing activity.
(3)
The permittee shall file a notice of completion of all land disturbing
activities and/or the completion of installation of all on-site detention
facilities within 10 days after completion.
(4)
Approval in writing must be obtained prior to any modifications to
the approved control plan.
(5)
The permittee shall be responsible for maintaining all roads, rights-of-way,
runoff and drainage facilities and drainageways as specified in the
approved plan until they are accepted and become the responsibility
of the City.
(6)
The permittee will be responsible for repairing any damage at his
or her expense to all adjoining surfaces and drainageways caused by
runoff and/or sedimentation resulting from activities not in compliance
with the permit.
(7)
The permittee must provide and install at his or her expense all
drainage and runoff control improvements as required by this article
and the approved control plan. The permittee must also bear his or
her proportionate cost of off-site improvements to drainageways based
upon the existing developed drainage area or planned development of
the drainage area.
(8)
No portion of the land which undergoes the land disturbing activity
will be allowed to remain uncovered for more than two weeks after
notice is given to the City Engineer that the land disturbing activity
is completed.
(9)
The permittee agrees to allow the City Engineer to enter onto the
land regulated under this article for the purposes of inspecting for
compliance with the approved control plan and permit.
(10)
The permittee authorizes the City Engineer to perform any work
or operations necessary to bring the condition of the lands into conformity
with the approved control plan and further consents to the City billing
the permittee the total costs and expenses of such work and operations.
F.
Permit duration. Permits issued under this article shall be valid
for a period of one year from the date of issuance, and all work must
be completed prior to the expiration date. However, the City Engineer
is authorized to extend the expiration date of the permit if the extension
is justified by the large scope of the project or situations beyond
the permittee's control and if he or she finds that such an extension
will not cause an increase in runoff. The City Engineer is further
authorized to modify the plans if necessary to prevent any increase
in runoff resulting from any extension.
G.
Permit fee. All permit applications filed under this article shall be accompanied by a payment set by the Common Council for any development listed under § 260-17A(1) of this article. This fee may be waived at the discretion of the City Engineer for the following:[1]
A.
Plan requirements. The stormwater management plan required under § 260-21B shall contain at a minimum the following information:
(1)
Name, address, and telephone number for the following or their designees:
landowner; developer; project engineer for practice design and certification;
person(s) responsible for installation of stormwater management practices;
and person(s) responsible for maintenance of stormwater management
practices prior to the transfer, if any, of maintenance responsibility
to another party.
(2)
A proper legal description of the property proposed to be developed,
referenced to the U.S. Public Land Survey system or to block and lot
numbers within a recorded land subdivision plat.
(3)
Predevelopment site conditions, including:
(a)
One or more site maps at a scale of not less than one inch equals
100 feet. The site maps shall show the following: site location and
legal property description; predominant soil types and hydrologic
soil groups; existing cover type and condition; topographic contours
of the site at a scale not to exceed 100 feet; topography and drainage
network including enough of the contiguous properties to show runoff
patterns onto, through, and from the site; watercourses that may affect
or be affected by runoff from the site; flow path and direction for
all stormwater conveyance sections; watershed boundaries used in hydrology
determinations to show compliance with performance standards; lakes,
streams, wetlands, channels, ditches, and other watercourses on and
immediately adjacent to the site; limits of the one-hundred-year floodplain;
and location of wells and wellhead protection areas covering the project
area and delineated pursuant to § NR 811.16, Wis. Adm. Code.
(b)
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. All major assumptions used
in developing input parameters shall be clearly stated. The geographic
areas used in making the calculations shall be clearly cross-referenced
to the required map(s).
(4)
Post-development site conditions, including:
(a)
Explanation of the provisions to preserve and use natural topography
and land cover features to minimize changes in peak flow runoff rates
and volumes to surface waters and wetlands.
(b)
Explanation of any restrictions on stormwater management measures
in the development area imposed by wellhead protection plans and ordinances.
(c)
One or more site maps at a scale of not less than one inch equals
100 feet showing the following: post-construction pervious areas,
including vegetative cover type and condition; impervious surfaces,
including all buildings, structures, and pavement; post-construction
topographic contours of the site at a scale not to exceed six feet;
post-construction drainage network, including enough of the contiguous
properties to show runoff patterns onto, through, and from the site;
locations and dimensions of drainage easements; locations of maintenance
easements specified in the maintenance agreement; flow path and direction
for all stormwater conveyance sections; location and type of all stormwater
management conveyance and treatment practices, including the on-site
and off-site tributary drainage area; location and type of conveyance
system that will carry runoff from the drainage and treatment practices
to the nearest adequate outlet such as a curbed street, storm drain,
or natural drainageway; watershed boundaries used in hydrology and
pollutant loading calculations; and any changes to lakes, streams,
wetlands, channels, ditches, and other watercourses on and immediately
adjacent to the site.[1]
(d)
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. The computations shall be made
for each discharge point in the development, and the geographic areas
used in making the calculations shall be clearly cross-referenced
to the required map(s).
(e)
Results of investigations of soils and groundwater required
for the placement and design of stormwater management measures.
(f)
Detailed drawings including cross sections and profiles of all
permanent stormwater conveyance and treatment practices.
(5)
A description and installation schedule for the stormwater management practices needed to meet the performance standards in § 260-20.
(6)
A maintenance plan developed for the life of each stormwater management
practice, including the required maintenance activities and maintenance
activity schedule.
(7)
Other information requested in writing by the City Engineer to determine
compliance of the proposed stormwater management measures with the
provisions of this article.
(8)
All site investigations, plans, designs, computations, and drawings
shall be certified by a licensed professional engineer to be prepared
in accordance with accepted engineering practice and requirements
of this article.
A.
Maintenance agreement required. The maintenance agreement required under § 260-22A(6) for stormwater management practices shall be an agreement between the City and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.
B.
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 260-22A(6):
(1)
Identification of the stormwater facilities and designation of the
drainage area served by the facilities.
(2)
A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under § 260-21B.
(3)
Identification of the responsible party(s), organization or city, county, town or village responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan required under § 260-21B.
(4)
Requirement that the responsible party(s), organization, or city, county, town or village shall maintain stormwater management practices in accordance with the schedule included in Subsection B(2).
(5)
Authorization for the City Engineer to access the property to conduct
inspections of stormwater management practices as necessary to ascertain
that the practices are being maintained and operated in accordance
with the agreement.
(6)
A requirement on the City Engineer to maintain public records of
the results of the site inspections, to inform the responsible party
responsible for maintenance of the inspection results, and to specifically
indicate any corrective actions required to bring the stormwater management
practice into proper working condition.
(7)
Agreement that the party designated under Subsection B(3) as responsible for long-term maintenance of the stormwater management practices shall be notified by the City Engineer of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the City Engineer.
(8)
Authorization of the City Engineer to perform the corrective actions identified in the inspection report if the responsible party designated under Subsection B(3) does not make the required corrections in the specified time period. The City Engineer shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subchapter VII of Chapter 66 of the Wisconsin Statutes.
A.
Establishment of the guarantee. The City Engineer may require the
submittal of a financial guarantee, the form and type of which shall
be acceptable to the City Engineer. The financial guarantee shall
be in an amount determined by the City Engineer to be the estimated
cost of construction and the estimated cost of maintenance of the
stormwater management practices during the period which the designated
party in the maintenance agreement has maintenance responsibility.
The financial guarantee shall give the City Engineer the authorization
to use the funds to complete the stormwater management practices if
the responsible party defaults or does not properly implement the
approved stormwater management plan, upon written notice to the responsible
party by the administering authority that the requirements of this
article have not been met.
B.
Conditions for release. Conditions for the release of the financial
guarantee are as follows:
(1)
The City Engineer shall release the portion of the financial guarantee
established under this section, less any costs incurred by the City
Engineer to complete installation of practices, upon submission of
as-built plans by a licensed professional engineer. The City Engineer
may make provisions for a partial pro rata release of the financial
guarantee based on the completion of various development stages.
(2)
The City Engineer shall release the portion of the financial guarantee
established under this section to assure maintenance of stormwater
practices, less any costs incurred by the City Engineer, at such time
that the responsibility for practice maintenance is passed on to another
entity via an approved maintenance agreement.
A.
Any land disturbing construction activity or post-construction runoff
initiated after the effective date of this article by any person,
firm, association, or corporation subject to the provisions of this
article shall be deemed a violation unless conducted in accordance
with the requirements of this article.
B.
The City Engineer shall notify the responsible party by certified
mail of any noncomplying land disturbing construction activity or
post-construction runoff. The notice shall describe the nature of
the violation, remedial actions needed, a schedule for remedial action,
and additional enforcement action which may be taken.
C.
Upon receipt of written notification from the City Engineer under Subsection B, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the City Engineer in the notice.
D.
If the violations of a permit issued pursuant to this article are
likely to result in damage to properties, public facilities, or waters
of the state, the City Engineer may enter the land and take emergency
actions necessary to prevent such damage. The costs incurred by the
City Engineer plus interest and legal costs shall be billed to the
responsible party.
E.
The City Engineer is authorized to post a stop-work order on all
land disturbing construction activity that is in violation of this
article or to request the City Attorney to obtain a cease-and-desist
order in any court with jurisdiction.
F.
The City Engineer may revoke a permit issued under this article for
noncompliance with the provisions of this article.
G.
Any permit revocation, stop-work order, or cease-and-desist order
shall remain in effect unless retracted by the administering authority
or by a court with jurisdiction.
H.
The City Engineer is authorized to refer any violation of this article,
or of a stop-work order or cease-and-desist order issued pursuant
to this article, to the City Attorney for the commencement of further
legal proceedings in any court with jurisdiction.
I.
J.
Compliance with the provisions of this article may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease-and-desist order before resorting
to injunctional proceedings. Injunctional orders are authorized pursuant
to § 62.23(8), Wis. Stats.
K.
When the City Engineer determines that the holder of a permit issued pursuant to this article has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the City Engineer or a party designated by the City Engineer may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The City Engineer shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to § 260-24 of this article. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.
The Planning Commission shall hear and decide appeals when it
is alleged that there is an error in any order, requirement, decision,
or determination made by the City Engineer in administering this article.
The Planning Commission may authorize upon appeal in specific cases
such variances from the terms of this article as will not be contrary
to public interest, where owing to special conditions a literal enforcement
of this article will result in unnecessary hardship, so that the spirit
of this article shall be observed, public safety and welfare secured,
and substantial justice done. The rules, procedures, duties, and powers
established by the City for the Zoning Board of Appeals shall apply
to appeals to the Planning Commission under this article. Appeals
may be made by any person aggrieved or by any officer, department,
board or bureau of the City affected by the order, requirement, decision
or determination made by the City Engineer. For the purpose of this
article, an aggrieved person may include a permit applicant and property
owners of land subject to this article.
