[HISTORY: Adopted by the Village Board of Trustees of the
Village of Slinger 3-6-2017 by Ord. No. 03-01-2017. Amendments noted where applicable.]
This chapter is adopted by the Village of Slinger Village Board
under the authority granted by §§ 61.354, 92.07(15),
281.33 and Ch. 236, Wis. Stats. This chapter supersedes all conflicting
and contradictory regulations previously enacted by the Village of
Slinger relating to stormwater management and construction site erosion
control. The requirements of this chapter do not preempt more stringent
erosion and sediment control requirements that may be imposed by any
of the following:
A.
Wisconsin Department of Natural Resources administrative rules, permits
or approvals, including those authorized under §§ 281.16
and 283.33, Wis. Stats.
B.
Targeted nonagricultural performance standards promulgated under
rules by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
The Village Board finds that construction site erosion and uncontrolled
stormwater runoff from land disturbing and land development activities
have significant adverse impacts upon local water resources and the
health, safety and general welfare of the community, and diminish
the public enjoyment and use of natural resources. Specifically, soil
erosion and stormwater runoff can:
A.
Carry a significant amount of sediment, nutrients, bacteria/other
pathogens, organic matter, toxins and other pollutants to local lakes,
streams and wetlands;
B.
Diminish the capacity of water resources to support recreational
and water supply uses, and a natural diversity of plant and animal
life;
C.
Clog drainage systems with sediment, and organic material, which
in turn increases maintenance costs;
D.
Overwhelm existing drainageways with increased flows, causing bank
and channel erosion, and increasing downstream flooding and property
damage;
E.
Reduce groundwater recharge, which may diminish stream base flows
and/or lower water levels in local lakes, ponds and wetlands;
F.
Contaminate drinking water supplies;
G.
Generate airborne particulate concentrations that are health threatening
or may cause other off-site damage to property or the environment;
and
H.
Undermine floodplain management efforts by increasing the incidence
and levels of flooding.
A.
Purpose.
The purpose of this chapter is to set forth requirements for land
development and land disturbing activities aimed to minimize sedimentation,
water pollution, flooding and related property and environmental damage
caused by soil erosion and uncontrolled stormwater runoff during and
after construction, in order to diminish the threats to public health,
safety, welfare, and the natural resources of the Village of Slinger.
B.
Intent.
It is the general intent of this chapter to regulate construction
site erosion and stormwater management under the authority granted
in § 61.354, Wis. Stats. This chapter is not intended to
limit activity or land divisions permitted under the applicable zoning
and land division ordinances.
C.
Regional
stormwater management. The Village Board recognizes that the preferred
method of permanently managing stormwater runoff from land development
activities is through the preparation and implementation of regional
stormwater management plans by watershed areas which are designed
to meet the requirements of this chapter. Accordingly, provisions
have been incorporated into this chapter to allow for the implementation
of this type of plan in lieu of complying with certain on-site stormwater
management requirements.
The provisions of this chapter shall apply to all lands within
the jurisdictional boundaries of the Village of Slinger.
A.
Construction site erosion control. Unless otherwise exempted under Subsection C below, or waived under Subsection D below, an erosion and runoff control permit under § 526-6 of this chapter shall be required, and all construction site erosion control provisions of this chapter shall apply to all land disturbing activity that meet any of the following:
(1)
Disturbs 4,000 square feet or more of total land surface area;
(2)
Involves excavation or filling, or a combination of excavation and
filling, in excess of 400 cubic yards of material;
(3)
Disturbs 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 at flow
capacity;
(4)
Involves the laying, repairing, replacing, or enlarging of an underground
utility, pipe or other facility, or the disturbance of road ditch,
grass swale or other open channel for a distance of 300 feet or more;
(5)
Involves the maintenance of an existing stormwater best management
practice (BMP);
(6)
Other land disturbing activities, including the installation of access
drives, that the Village Engineer determines to have a high risk of
soil erosion or water pollution, or that may significantly impact
an environmentally sensitive area. All determinations made by the
Village Engineer under this subsection shall be made in written form,
unless otherwise waived in writing by the requesting entity.
B.
Stormwater management. Unless otherwise exempted under Subsection C below, or waived under Subsection D below, an erosion and runoff control permit under § 526-6 below, shall be required, and all stormwater management provisions of this chapter shall apply to all land development activity that meet any of the following:
(1)
The project is located within a subdivision plat or is part of a
subdivision plat.
(2)
Involves the construction of any new public or private roads or access
drives of any length;
(3)
Is a certified survey map or any other land development activity
that may ultimately result in the addition of impervious surfaces
of 20,000 square feet or greater in total area or may result in land
disturbing activity of one acre or greater, including smaller individual
sites that are part of a common plan of development; or
(4)
Other land development activities, including access drives, that
the Village Engineer determines may significantly increase downstream
runoff volumes, flooding, soil erosion, water pollution or property
damage, or significantly impact an environmentally sensitive area.
All determinations made by the Village Engineer under this subsection
shall be made in written or electronic form, unless otherwise waived
in writing by the requesting entity.
C.
Exemptions.
(1)
The following sites shall be exempt from all of the requirements
of this chapter:
(a)
All activities directly relating to agricultural land use.
(b)
Any land disturbing or land development activity conducted by
or contracted for any state agency, as defined under § 227.01(1),
Wis. Stats., including but not limited to road construction projects
administered by the Wisconsin Department of Transportation. These
activities must meet the erosion control and stormwater management
requirements of the state.
(2)
The following sites shall be exempt from Subsection A above, which includes the construction site erosion control provisions of this chapter only:
(a)
The construction of one and two family residential buildings
under Ch. SPS 321, Wis. Adm. Code, unless the proposed or actual land
disturbance is one acre or greater or requested by the Village Building
Inspector or Village Board. These activities must meet the erosion
control requirements of the Wisconsin Uniform Dwelling Code.
(b)
Nonmetallic mining activities that are covered under a nonmetallic
mining reclamation permit under Ch. NR 135, Wis. Adm. Code.
(c)
Placement of underground pipe or other utility that is plowed
or bored into the ground outside areas of channelized runoff.
D.
Waivers.
(1)
The Village Engineer may waive any requirement of this chapter if the Village Engineer, or the Zoning Board of Appeals under § 526-15 of this chapter, determines that:
(a)
The site will have no appreciable off-site impact;
(b)
Compliance is impractical or impossible due to site conditions,
urban street cross ordinance requirements, or other circumstances
beyond the control of the applicant;
(c)
Compliance would be in direct conflict with other regulations
or related objectives of this chapter which would take precedent;
or
(d)
The specific requirement is not necessary for a particular site
to ensure compliance with the erosion control and stormwater management
requirements of §§ 526-88 and 526-9 of this chapter.
A.
Application. The applicant shall submit a completed application on
a form provided by the Village Engineer for that purpose, and indicate
whether applying for a preliminary approval letter or an erosion and
runoff control permit. By submitting an application, the applicant
is authorizing the Village Engineer to enter upon the site to obtain
information needed to administer this chapter.
B.
Erosion and runoff control permit. An erosion and runoff control permit is required for all sites that meet the applicability provisions of § 526-5A or B of this chapter and are not exempt under § 526-5C of this chapter or waived under § 526-5D of this chapter. To request an erosion and runoff control permit under this chapter, the following information shall be submitted to the administering authority:
(1)
A completed application on a form provided by the Village Engineer
for that purpose;
(2)
The applicable fee(s);
(4)
A final stormwater management plan in accordance with § 526-9E of this chapter and a draft maintenance agreement in accordance with § 526-12 of this chapter for those land development activities that meet any of the applicability criteria of § 526-5B of this chapter; or the documentation required under § 526-9B of this chapter related to a regional stormwater management plan; and
C.
Preliminary approval letter.
(1)
Purpose and intent. A preliminary approval letter is a step in the permit process subdivisions and other large or complex land development activities that will need to submit a stormwater management plan. It is designed to assist the applicant in preparing general site plans and obtaining other applicable permits or zoning approvals prior to finalizing detailed construction plans for a proposed project. It will also act to notify other review authorities that the applicant has agreed to meet the requirements of an erosion and runoff control permit and provides a preliminary plan of what will likely be required. An erosion and runoff control permit is still required prior to the start of any proposed land disturbing or land development activity. The Village Engineer shall issue an erosion and runoff control permit after determining that the final erosion control and stormwater management plans are in substantial compliance with the preliminary plans and after the applicant has met all other requirements of Subsection B above.
D.
Fees. Except as provided in § 526-9B(3) of this chapter for regional stormwater management plans, all application and review fees for this chapter will be established by the Village Board. Fee amounts shall be designed to offset the costs to the Village for the administration of this chapter and may be modified from time to time based on the records and recommendation of the administering authority. A schedule of the fees established by the Village Board will be available for review and distribution through the office of the Village Clerk. No fee shall exceed the actual and direct costs of administering this chapter. Those persons as defined in § 32.01(1), Wis. Stats., shall be exempt from the fees in this chapter.
A.
For applications that only involve erosion control plans for less
than one acre of disturbed area.
(1)
The procedures under this subsection shall only apply to applications
which meet all of the following criteria:
(2)
With the receipt of the fully completed application form, fee and
final erosion control plan, the Village Engineer shall:
(a)
Determine if the requirements of this chapter have been met, including § 526-8D(1) of this chapter relating to the requirements of a final erosion control plan;
(b)
Determine if more information or additional review is needed;
and
(c)
Notification shall be in written or electronic form, unless
otherwise waived in writing by the applicant.
(3)
If all of the applicable requirements of this chapter have been met,
the Village Engineer shall issue an erosion and runoff control permit.
If the requirements of this chapter have not been met, the Village
Engineer shall notify the applicant what changes would be necessary
to meet the requirements.
(4)
For any resubmittal of plans and supporting information by the applicant,
the Village Engineer will review the resubmitted information in accordance
with the process described above until the submittal is deemed in
compliance with the requirements.
B.
For all other applications for an erosion and runoff control permit
or preliminary approval letter:
(2)
(3)
The Village Engineer may request comments from other agencies or
units of government or require applicant to seek review from other
agencies or units of government within the review period.
(4)
If all of the applicable requirements of this chapter have been met,
the Village Engineer will provide a preliminary plan approval letter
or an erosion and runoff control permit. If the requirements of this
chapter have not been met, the Village Engineer will notify the applicant
what changes would be necessary to meet the requirements.
A.
General requirements.
(1)
An erosion control plan shall ensure, to the extent practical, that
soil erosion, siltation, sedimentation and other off-site impacts
from land disturbing activities are minimized.
(2)
All erosion control plans shall by design, achieve to the maximum
extent practicable, a runoff discharge of no more than five tons of
sediment per acre per year from sheet and rill erosion during land
disturbing activities as compared with no sediment or erosion controls,
until the site is stabilized. This shall be completed by the landowner,
landowner's engineer, or other responsible party designated by
the landowner in conformance with the Wisconsin Department of Natural
Resources Construction Site Soil Loss and Sediment Discharge Guidance.
B.
Guiding principles. To satisfy the requirements of this section,
all proposed land disturbing activities shall, to the extent practical:
(1)
Be planned and implemented in a manner that best fits the terrain
of the site, avoiding steep slopes and other environmentally sensitive
areas;
(2)
Minimize the loss of trees and other natural vegetation and the size
of the disturbed area;
(3)
Minimize, through project phasing and proper construction sequencing, the time the disturbed soil surface is exposed [Note: See § 526-11B(3) of this chapter for special conditions relating to construction scheduling and the issuance of a permit.];
(4)
Emphasize the use of erosion control measures that prevent soil detachment
and erosion rather than trying to intercept its transport or repair
damage done.
C.
Specific erosion control requirements. Unless otherwise waived under § 526-5D of this chapter, the following minimum requirements shall be met on all sites subject to the applicability criteria under § 526-5A of this chapter and shall be addressed in the erosion control plan submitted by the applicant, if applicable. The Village Engineer is authorized to exceed the minimum requirements stated below for any site that the Village Engineer determines is a high risk of soil erosion or may significantly impact an environmentally sensitive area, and that further controls are practical.
(1)
Access drives and tracking. Each site shall provide an access drive(s)
and parking area, of sufficient dimensions and design, surfaced with
a material that will prevent erosion and minimize tracking or washing
of soil onto public or private roadways. All nonpaved access drives
shall be designed so that stormwater runoff from adjacent areas does
not flow down the drive surface. Culverts shall be sized for calculated
peak flows produced by the ten-year, twenty-four-hour design storm
and shall meet all other state and local requirements relating to
road access.
(2)
Diversion of upslope runoff. Any significant amount of runoff from
upslope land area, rooftops or other surfaces that drains across the
proposed land disturbance shall be diverted around the disturbed area,
if practical. Any diversion of upslope runoff shall be done in a manner
that prevents erosion of the flow path and the outlet.
(3)
Cut and fill slopes. Any cuts and fills shall be planned and constructed
to minimize the length and steepness of slope, and stabilized in accordance
with the approved erosion control plan time lines and technical standards
of this chapter.
(4)
Open channels. Any open channels shall be designed and constructed
to carry the calculated peak flows for a ten-year, twenty-four-hour
design storm, and stabilized in accordance with the approved erosion
control plan timelines and technical standards of this chapter.
(5)
Inlet protection. All inlets to storm drains, culverts and other
stormwater conveyance systems shall be protected from siltation until
final site stabilization.
(6)
Outlet protection. All outlets for site dewatering and stormwater
conveyance systems, including pipe or open channels entering a stormwater
management facility, shall be protected from erosion through channel
lining or other stabilization measures.
(7)
Site erosion control. Measures shall be taken, using approved best
management practices (BMPs), to minimize sediment from being carried
off-site by water or wind during the construction phase, such as:
diversions, silt fence, straw bales, downspout extenders, soil treatment,
temporary mulch, sediment traps, sediment basins, etc. All temporary
best management practices shall be maintained until the site is stabilized.
Some best management practices, such as sediment basins, may be designed
to also serve as a permanent stormwater best management practice after
the site is stabilized.
(8)
Site dewatering. Water pumped from the site shall be treated by sediment
basins or other approved measures to prevent soil erosion and water
pollution.
(9)
Waste and material disposal. All waste and unused building materials
(including garbage, debris, cleaning wastes, wastewater, toxic materials,
or hazardous materials) shall be properly disposed of and not allowed
to be carried off-site by runoff or wind.
(10)
Topsoil. Enough topsoil from the disturbed area must be saved
to ensure that a minimum of four inches to six inches is reapplied
for all areas to be seeded or sodded. If adequate topsoil does not
exist on the site to meet this requirement, it shall be imported.
If the disturbed area is to be used for the growing of agricultural
crops in the future, the original depth of topsoil shall be restored.
(11)
Subsoil. For disturbed areas that are to be used for the growing
of agricultural crops, trees or other woody vegetation in the future,
a minimum of one foot of original subsoil shall remain or be reapplied
prior to the application of topsoil to provide an adequate root zone.
(12)
Soil stockpiles. Soil stockpiles shall be located no closer
than 75 feet from lakes, streams, wetlands, ditches, drainageways,
curbs/gutters or other stormwater conveyance system, unless otherwise
approved by the Village Engineer. Any soil stockpile that remains
for more than seven days shall be covered or treated with stabilization
practices such as temporary or permanent seeding and mulching.
(13)
Sediment cleanup. All off-site sediment deposits occurring as
a result of construction work or a storm event shall be cleaned up
by the end of each day of the occurrence. Flushing shall not be allowed.
(14)
Final site stabilization. All disturbed areas shall be treated
with stabilization measures such as seeding, mulching, soil treatment,
erosion netting, matting, sodding, etc. within three working days
of final grading. Sites greater than 10 acres shall be treated in
stages as final grading is completed in equal increments. Any soil
erosion that occurs after final grading and/or the application of
stabilization measures must be repaired and the stabilization work
redone.
(15)
Temporary site stabilization. For any disturbed area that remains
inactive for greater than seven working days, or where grading work
extends beyond September 15, the permanent seeding deadline established
by the Village Board, the administering authority may require the
site to be treated with temporary stabilization measures such as soil
treatment, temporary seeding and/or mulching in addition to other
erosion control measures as part of an approved erosion control plan.
(16)
Removal of practices. When the disturbed area has been stabilized
by permanent vegetation or other means, temporary best management
practices such as silt fences, straw bales and sediment traps shall
be removed and these areas shall be stabilized.
(17)
Stormwater BMP data. When a stormwater permit involves the maintenance
of an existing stormwater BMP, including the removal of accumulated
sediment, the Village Engineer may require additional support data
such as before/after surveys, design and construction details, and
oversight by a professional engineer licensed in Wisconsin.
D.
Final erosion control plan contents.
(1)
Sites of less than one acre of total land disturbance. The following
shall be the minimum requirements for items to be included in a final
erosion control plan:
(a)
A scaled drawing of the site of not less than one inch equals
60 feet with a North arrow, delineation of the proposed land disturbance,
existing and proposed buildings, roads, access drives, property boundaries,
drainage ways, water bodies, trees, culverts, and other structures
within 50 feet of the proposed land disturbance;
(b)
The direction and steepness of slopes before and after the proposed
land disturbance;
(c)
A description and location, including construction timeline
and sequencing, of all temporary best management practices proposed
to be used to minimize off-site impacts during the construction phase;
(d)
A description and location, including construction timeline
and sequencing, of all permanent best management practices proposed
to be used to stabilize the site within three working days following
final grading; and
(e)
The name, address and day time phone number of the person(s) charged with installing and maintaining all best management practices and thus subject to the enforcement provisions of § 526-14 of this chapter.
(f)
Other information determined to be necessary by the administering
authority to ensure compliance with the requirements of this chapter.
(2)
Sites of one acre or greater in total land disturbance. The following
shall be the minimum requirements for items to be included in an erosion
control plan:
(a)
Existing site map and data. A map and supporting data of existing
site conditions at a scale of one inch equals no more than 60 feet
showing the following items on the site and within 50 feet in each
direction of the site boundaries:
[1]
Ownership boundaries and other references that will accurately
identify site location;
[2]
Name, address and daytime telephone number of the applicant;
[3]
Site topography at a contour interval not to exceed two feet
on a plan of not less than one inch equals 60 feet;
[4]
Location and name, if applicable, of all lakes streams and other
water bodies as defined on a 7.5-minute topographic map published
by the U.S. Geological Survey;
[5]
Location and name, if applicable, of all other channels, ditches,
and other watercourses or areas of channelized flow;
[6]
Location and name, if applicable, of all wetlands, as defined
on the official wetland Zoning Maps of the Village of Slinger, Wisconsin
Department of Natural Resources Wetland Inventory Map and as also
defined by the USDA Natural Resources Conservation Service (NRCS)
under federal jurisdiction and definition;
[7]
Boundaries of shoreland zones, one-hundred-year floodplains,
flood fringes and floodways, as defined on the official shoreland
and floodplain zoning maps of the Village of Slinger;
[8]
Boundaries and soil symbol for each soil mapping unit, as published
in the Soil Survey of Washington County [Note: This item may be on
a separate map at smaller scale showing key locations of proposed
land disturbing or land development activity.];
[9]
Location and description of trees and other vegetative cover
types;
[10]
Location, dimensions and contributing watershed area delineation
and flow calculations for all existing stormwater drainage systems
and natural flow paths or channels entering and/or leaving the site;
[11]
Locations and dimensions of any buildings, roads, parking areas,
fence lines, access lanes, rock outcrops, tile drains, utilities and
other physical features or structures;
[12]
Location and support documentation for any well currently located
on the site and/or delineation of any regulatory setback distances
of other wells, as stated in Chs. NR 811 and 812, Wis. Adm. Code;
[13]
Locations and dimensions of any easements, rights-of-way, building
setbacks or other restrictions;
[14]
Location of primary environmental corridor boundaries, as defined
by the Southeastern Wisconsin Regional Planning Commission;
[15]
Spill prevention and response procedures;
[16]
Any other existing site information that the Village Engineer
determines to be necessary to ensure compliance with the requirements
of this chapter.
(b)
Site development plan. A site development plan, at a scale not
less than one inch equals 60 feet, shall include the following map
items and supporting documentation:
[1]
Locations and dimensions of all proposed land development and
land disturbing activities, including proposed cuts, fills and two-foot
contours of final grade;
[2]
Locations and dimensions of all temporary soil stockpiles, the
estimated length of time they will exist and any applicable erosion
control method;
[3]
Locations, dimensions and applicable design documentation for
all temporary and permanent best management practices necessary to
meet the requirements of this chapter;
[4]
Location, dimensions, supporting flow calculations and stabilization
plans for the proposed construction or modification of any open channels;
[5]
A construction schedule, including the sequence and anticipated
starting and completion date for each construction step and the installation
of best management practices needed to meet the requirements of this
chapter;
[6]
Description of maintenance responsibilities for all temporary
best management practices;
[7]
The name(s) and daytime phone number(s) of the person(s) charged with the responsibility of installing and maintaining all best management practices until the completion of a satisfactory final inspection by the Village Engineer under § 526-11E of this chapter [Note: All persons so designated shall be subject to the enforcement provisions of § 526-14 of this chapter should they fail to ensure compliance with this chapter.];
[8]
Description of site revegetation and stabilization plans, including
topsoil and subsoil reapplication, seeding mixtures, fertilizer, rates
of application, time schedule and maintenance responsibilities until
the grass and/or other plants are well established; and
[9]
Detailed drawings, including profiles, cross-sections, and other
information determined to be necessary by Village Engineer to ensure
compliance with the requirements of this chapter.
[10]
Certification, from a professional engineer or landscape architect
registered in the State of Wisconsin, that all computations and designs
included in the final erosion control plan have been reviewed and
approved as being in accordance with the requirements of this chapter.
The name, address, daytime phone, email address, and FAX number of
the engineer must also be included for contact during the plan review
process.
E.
Preliminary erosion control plan. Preliminary erosion control plans shall contain the same information listed under Subsection D(2) above, with the exception of Subsection D(2)(b)[2], [6], and [7] above, the supporting documentation in Subsection D(2)(b)[5] above, and the starting and completion dates in Subsection D(2)(b)[5] above.
A.
General requirements.
(1)
A stormwater management plan, prepared in accordance with this chapter,
shall maintain the site's natural drainage patterns and predevelopment
peak flows. In addition, measures shall be taken to prevent or minimize
the pollution of surface waters and groundwater resources, damage
to downstream property and local flooding as a result of stormwater
discharges from the proposed land development.
B.
Exception: regional stormwater management plans.
(1)
In lieu of submitting a preliminary or final stormwater management
plan for an individual site, an applicant may submit documentation
of the following:
(a)
(b)
A site development plan, in accordance with Subsection E(2) below, for the planned development showing any on-site stormwater best management practices recommended in the regional stormwater management plan;
(c)
Certification, by a professional engineer registered in the State of Wisconsin, that any stormwater best management practice(s) planned to treat the runoff from the area of the proposed land development as part of a regional stormwater management plan, has been constructed in accordance with the technical standards and specifications under § 526-10 of this chapter, if applicable; and
(2)
Upon certification by the Village Engineer that all of the conditions of Subsection B(1)(a) above have been met, and the submitted materials are in compliance with the regional stormwater management plan, an application shall be deemed as meeting the stormwater management planning requirements of this chapter.
(3)
As a condition of an erosion and runoff control permit, the applicant
may be required to pay a fee or meet other requirements, as determined
by the applicable entity charged with the implementation of the regional
stormwater management plan. Any fee would be based on an equitable
distribution of the cost for land, engineering design, construction,
and maintenance of stormwater management practices needed to serve
the land development through the regional stormwater management plan.
C.
Guiding principles. To satisfy the requirements of this chapter, unless otherwise waived under § 526-5D of this chapter, all proposed land development activities shall, to the extent practical:
(1)
Be planned and implemented in a manner that best fits the terrain
of the site, avoiding steep slopes and other environmentally sensitive
areas;
(2)
Preserve natural watershed boundaries and drainage patterns;
(3)
Maintain groundwater recharge areas and the infiltration capacity
of native soils by avoiding the unnecessary filling of large natural
depressions or compaction of upper soil horizons by construction equipment;
(4)
Utilize natural or constructed vegetated swales or reinforced permeable
open channels for stormwater conveyance and attenuation;
(5)
Minimize impervious surfaces and have them drain to vegetated areas
for flow attenuation, pollutant filtering and groundwater recharge;
and
(6)
Reserve adequately sized areas to allow for detention of flows and
treatment of pollutants from stormwater before being discharged from
the site.
D.
Specific stormwater management requirements and performance standards. Except where provided for under Subsection B above, or waived under § 526-5D of this chapter, all land development activities subject to the provisions of this subsection shall provide on-site stormwater management plans, practices and facilities that meet the following minimum requirements:
(1)
Peak flows. The peak flow rates of stormwater runoff from a development
shall not exceed the predevelopment storm runoff calculated for a
series of design storms that at a minimum include the one-, two-,
ten-, and one-hundred-year rainfall events.
(2)
Stormwater quality. The first 1/2 inch of stormwater runoff (commonly
referred to as the "first flush") shall, to the extent practical,
be treated to remove suspended solids, nutrients, organic matter,
trace metals, hydrocarbons and other pollutants associated with the
planned land development activity.
(a)
By design, each stormwater management plan shall meet the following
post-development total suspended solids reduction targets, based on
average annual rainfalls, as compared to no runoff management controls;
[1]
For new land development and in-fill development, 80% reduction
in total suspended solids;
[2]
For redevelopment, 40% reduction of total suspended solids load
from parking areas and roads;
[3]
The Village Engineer may require a higher level of controls
if the Village Engineer determines that the site has a high risk of
water pollution or may otherwise impact an environmentally sensitive
area, and that further controls are practical.
(b)
When designing best management practices, runoff draining to
the best management practice 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 best management practice accordingly.
(c)
Pollutant loading data for phosphorus shall also be included.
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).
(3)
Infiltration.
(a)
Best management practices. BMPs shall be designed, installed,
and maintained to infiltrate runoff in accordance with the following
or to the maximum extent practicable:
[1]
Low imperviousness. For development up to 40% connected imperviousness,
such as parks, cemeteries, and low-density residential development,
infiltrate sufficient runoff volume so that the 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)
Pretreatment. Before infiltration runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection D(7). Pretreatment options may include, but are not limited to, oil and grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
NOTE: To achieve the infiltration requirement for the parking
lots or roads, "maximum extent practicable" should not be interpreted
to require significant topography changes that create an excessive
financial burden. To minimize potential groundwater impacts, it is
desirable to infiltrate the cleanest runoff. To achieve this, a design
may propose greater infiltration of runoff from low pollutant sources
such as roofs, and less from higher pollutant source areas such as
parking lots.
(c)
Infiltration prohibitions. Due to potential for groundwater
contamination, runoff shall not be infiltrated and will not be credited
toward meeting the requirements of this subsection for the following:
[1]
Runoff from outdoor material storage and loading docks for tier
1 and tier 2 industrial facilities, as identified in § NR
216(2), Wis. Adm. Code. Parking lot runoff from tier 1 industrial
facilities is prohibited. Parking lot runoff from tier 2 facilities
may be infiltrated, but may require pretreatment.
[2]
Runoff from fueling and vehicle maintenance areas, not including
rooftops and canopies.
[3]
Infiltration of runoff within 1,000 feet upgradient or within
100 feet downgradient of karst features.
[4]
Areas within 400 feet of a community water system well as specified
in Ch. NR 811, Wis. Adm. Code, or within 100 feet of a private well
as specified in Ch. NR 812, Wis. Adm. Code, for runoff infiltrated
from commercial, industrial and institutional land uses or regional
devices for residential development, not including rooftop runoff.
[5]
Areas where contaminants of concern, as defined in Ch. NR 720,
Wis. Adm. Code, are present in the soil through which infiltration
will occur.
(d)
Separation distances. Infiltration BMPs shall be located so
the characteristics of the soil and the separation distance between
the bottom of the infiltration BMP and the elevation of the highest
groundwater table or the top of bedrock are in accordance with the
following:
|
Source Area
|
Groundwater or Bedrock 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
|
Not applicable
|
|
All other impervious source areas
|
3 feet or more
|
Filtering layer
|
(e)
Infiltration exemptions. Infiltration practices located in the
following areas may be credited toward meeting the requirements under
the following conditions, but the decision to infiltrate under these
conditions is optional:
[1]
Where the infiltration rate of the soil measured at the proposed
bottom of the infiltration system is less than 0.6 inch per hour using
a scientifically credible field test method.
[2]
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.
(4)
Protective areas.
(a)
An area of land that commences at the top of the channel of
lakes, streams and rivers, or at the delineated boundary of wetlands,
and that is the greatest of the following widths, as measured horizontally
from the top of the channel or delineated wetland boundary to the
closest impervious surface. However, in this section, "protective
area" does not include any area of land adjacent to any stream enclosed
within a pipe or culvert, such that runoff cannot enter the enclosure
at this location. The minimum protective area widths are as follows:
[1]
For outstanding resource waters and exceptional resource waters,
75 feet.
[2]
For perennial and intermittent streams identified on a U.S.
Geological Survey 7.5-minute series topographic map, or a county soil
survey map, whichever is more current, 50 feet.
[3]
For lakes, 50 feet.
[4]
For wetlands not subject to Subsection D(4)(a)[5] or [6], 50 feet.
[5]
For highly susceptible wetlands, 75 feet. Highly susceptible
wetlands include the following types: calcareous fens, sedge meadows,
open and coniferous bogs, low prairies, coniferous swamps, lowland
hardwood swamps, and ephemeral ponds.
[6]
For less susceptible wetlands, 10% of the average wetland width,
but no less than 10 feet nor more than 30 feet. Less susceptible wetlands
include: degraded wetland dominated by invasive species such as reed
canary grass; cultivated hydric soils; and any gravel pits, or dredged
material or fill material disposal sites that take on the attributes
of a wetland.
[7]
In Subsection D(4)(a)[4] through [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 a fill has been placed. Where there is a legally
authorized wetland fill, the protective area standard need not be
met in that location.
[9]
For concentrated flow channels with drainage areas greater than
130 acres, 10 feet.
[10]
Notwithstanding Subsection D(4)(a)[1] to [9], the greatest protective area width shall apply where rivers, streams, lakes and wetlands are contiguous.
(b)
Requirements. The following requirements shall be met for all
land development activity located within a protective area:
[1]
Impervious surfaces shall be kept out of the protective area
entirely or to the maximum extent practicable. If there is no practical
alternative to locating an impervious surface in the protective area,
the stormwater management plan shall contain a written, site-specific
explanation.
[2]
Where land-disturbing 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.
NOTE: It is recommended that seeding of nonaggressive vegetative
cover be used in the protective areas. Vegetation that is flood- and
drought-tolerant and can provide long-term bank stability because
an extensive root system is preferable.
[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, but shall
not encroach into wetlands, floodplains, woodlands, isolated natural
resource areas, or primary or secondary environmental corridors to
the maximum extent practicable.
NOTE: Other regulations, such as Ch. 30, Wis. Stats., and Chs.
NR 103, 115, 116 and 117, Wis. Adm. Code, and their associated review
and approval process, may apply in the protective area.
(c)
Protective area exemptions. The protective area requirements
do not apply to any of the following:
[1]
Structures that cross or access surface waters such as boat
landings, bridges and culverts;
[2]
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.; and
[3]
Sites where runoff does not enter the surface water, including wetlands, without first being treated by a BMP to meet the total suspended solids requirements under § 526-9D(2) and peak discharge requirements under § 526-9D(1), 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 have BMPs designed, installed and maintained to reduce
petroleum within runoff, such that the runoff that enters waters of
the state contains no visible petroleum sheen.
NOTE: A combination of the following BMPs may be used: oil and
grease separators, canopies, petroleum spill cleanup materials, or
any other structural or non-structural method of preventing or treating
petroleum in runoff.
(6)
Protection of wetlands. Stormwater discharges shall minimize the hydrologic changes and pollutant loadings to wetlands, to the extent practical, in order to preserve the wetland functional values. All discharges to wetlands shall require the same protection as Subsection D(1) and (2) above, unless otherwise approved by any other applicable regulatory agency and the Village Engineer in accordance with technical standards adopted under § 526-10 of this chapter. If any land disturbing activity is proposed in a wetland as part of a final stormwater management plan, the Village Engineer will require all other applicable permits to be obtained prior to the issuance of an erosion and runoff control permit.
(7)
Protection of groundwater quality.
(a)
Stormwater discharges shall prevent the introduction of pollutants in the groundwater at concentrations that will likely exceed groundwater preventive action limits or enforcement standards established by the Department of Natural Resources in Ch. NR 140, Wis. Adm. Code. Pretreatment shall be provided for all stormwater management facilities that will likely violate this subsection, as determined by the Wisconsin Department of Natural Resources or stated in the technical standards adopted under § 526-10 of this chapter.
(b)
Stormwater structures shall not be installed that meet the definition
of an injection well under § NR 812.05, Wis. Adm. Code.
(c)
If a wellhead protection plan has been approved for any area
included in the proposed land development, the administering authority
shall consult with the appropriate authority to ensure compliance
with any recommendations or regulations contained in that plan.
(8)
Flooding. All stormwater management facilities shall have a two-foot
freeboard between one-hundred-year, twenty-four-hour design storm
and emergency spillway and the capacity to safely handle the calculated
peak flow rates for a one-hundred-year, twenty-four-hour design storm
without structural failure, bank erosion, loss of freeboard or other
problems. At a minimum, an emergency spillway must be provided to
carry these flows and the overflow route indicated on an exhibit within
the stormwater management report. Additional control measures, such
as infiltration practices or maintaining predevelopment peak flows
for the one-hundred-year design storm, may be required if the Village
Engineer determines that the proposed land development activity has
a high risk of creating or significantly compounding downstream flooding
or chronic wetness problems.
(9)
Soil investigations. Soil profile investigations shall be conducted at each site proposed for the construction of a stormwater management facility. Each excavation shall extend a minimum of three feet below the proposed bottom of the facility or any component of the facility, such as infiltration trenches. An adequate number of excavations shall be conducted to examine all soil types present in the immediate area of the proposed facility, as determined by the Village Engineer. Each soil investigation site shall be located on the site development plan, under Subsection E(2) below along with the elevation, to the nearest tenth of a foot, of the original ground surface. A soil tester, certified in the State of Wisconsin, or the Village Engineer is required to log the soil profile and groundwater elevation(s). The Village Engineer may require an inspection of the soil profile when it is logged by another party.
(10)
Additional requirements. The administrating authority may establish
more stringent requirements than the minimums set forth in this section,
such as addressing thermal impacts of stormwater, downstream flooding,
a total maximum daily load (TMDL) standard for a watershed including
but not limited to phosphorus, bacteria, chlorides, other applicable
state or federal laws, an order of any court of competent jurisdiction,
or chronic wetness conditions, if the administrating authority determines
that and added level of protection is needed.
E.
Final stormwater management plan contents. The following shall be
the minimum requirements for items to be included in a final stormwater
management plan:
(1)
Existing site map and data. The requirements for the existing site map and data are the same as those listed under § 526-8D(2) of this chapter.
(2)
Site development plan. A site development plan, using the same map
scale as the existing site map, shall include the following map items
and supporting documentation:
(a)
Locations and dimensions of all proposed land development activities,
including proposed cuts, fills and two-foot contours;
(b)
Delineation and labeling of all proposed impervious areas and
accompanying area computations;
(c)
Location of all proposed stormwater conveyance systems and grade
stabilization structures, including grade lines, cross-sections, flow/velocity
computations based on a ten-year, twenty-four-hour design storm, and
the delineation of proposed subwatersheds for each reach [Note: For
watershed areas that extend outside of the boundaries of the site
map, other scaled maps may be used.];
(d)
Location of all proposed stormwater best management practices
and facilities, including plan views, cross-sections, profiles, inlet/outlet
and other detail drawings and supporting flow computations;
(e)
Summary of hydrologic and hydraulic computations prepared to meet the requirements of Subsection D above, and for the design of all stormwater management facilities. All major assumptions used in developing input parameters shall be clearly stated, and all geographic areas used in making the calculations shall be clearly cross-referenced;
(f)
Results of investigations of soils and groundwater required under Subsection D(9) above, including location and elevation of each investigation site, for the placement and design of stormwater management facilities;
(g)
Location(s) and dimensions of all proposed easements or other methods used to ensure the preservation of flow paths and adequate access for maintenance purposes, in accordance with § 526-12 of this chapter;
(h)
Certification, from a professional engineer registered in the
State of Wisconsin, that all calculations and designs included in
the final stormwater management plan have been reviewed and approved
as being in accordance with the requirements of this section;
(i)
The name, address and daytime phone, email and FAX number of the contact person during the plan review process, the construction supervisor, and the engineer that will certify construction of all stormwater management facilities under § 526-11D of this chapter;
(j)
For sites where changes are proposed in stormwater flow paths,
or where proposed stormwater discharges may otherwise have a significant
negative impact on downstream property owner(s), the Village Engineer
may require the applicant to obtain written authorization or complete
other legal arrangements with the affected property owner(s); and
(k)
Other items deemed necessary by the Village Engineer to ensure
compliance with the requirements of this chapter.
F.
Preliminary stormwater management plan contents. Preliminary stormwater management plans shall contain the same information listed under Subsection E above, with the following exceptions:
(1)
No computations will be required for stormwater conveyance systems,
water control structures or other individual system components; and
(2)
No detail drawings, cross-sections or profiles will be required unless
the Village Engineer determines they are necessary to assess the general
feasibility of the preliminary stormwater management plan.
A.
Hydrologic and hydraulic computations.
(1)
Models. All computations of runoff volumes and peak flow rates used
in the development of erosion control and stormwater management plans
in accordance with this chapter shall be based on the United States
Department of Agriculture Natural Resources Conservation Service (NRCS)
methodology. Models such as SLAMM, P8 or other administrating authority
approved models may be used to evaluate the efficiency of the design
in reducing total suspended solids to meet this chapter. Models such
as SLAMM, RECARGA or other administrating authority approved models
may be used to evaluate the efficiency of the design in meeting the
infiltration requirements of this chapter. Models distributed and
supported by the Wisconsin Department of Natural Resources may be
used to determine compliance with calculating soil loss on construction
sites.
(2)
Rainfall depths. To determine compliance with this chapter, the following
design storm values shall be used:
|
Design Storm
|
1-year
24-hour
|
2-year
24-hour
|
10-year
24-hour
|
100-year
24-hour
|
|---|---|---|---|---|
|
Rainfall depth
|
2.35 inches
|
2.65 inches
|
3.82 inches
|
6.41 inches
|
(3)
Runoff curve numbers. All computations of predevelopment conditions as required under § 526-9D(1) of this chapter shall use those NRCS runoff curve numbers assigned for a "good" hydrologic condition for each land cover type. For lands where the predevelopment land use was woodland, grassland/meadow, or cropland, the following NRCS curve number values shall be used as maximums:
|
Hydrologic Soil Group
| ||||
|---|---|---|---|---|
|
Runoff Curve Number
|
A
|
B
|
C
|
D
|
|
Woodland
|
30
|
55
|
70
|
77
|
|
Grassland
|
39
|
61
|
71
|
78
|
|
Cropland
|
55
|
69
|
78
|
83
|
(4)
Average annual rainfalls. All modeling involving average annual rainfall
or runoff volumes shall use rainfall data from the Milwaukee area
between March 28 and December 6, 1969, as the typical annual rainfall
pattern for Washington County, unless otherwise prescribed in BMP
design standards.
(5)
Rainfall distribution. All peak flow calculations shall use MSE3
rainfall distribution patterns, as defined in NRCS methodologies.
(6)
All velocity and peak flow computations for open channels and storm
sewer pipe flows shall be based on Manning's Formula.
(7)
Flow routing, culvert design, weir and orifice flow and other related
hydraulic computations used to design stormwater management facilities
shall be based on standard applicable engineering formulas.
(8)
Any data or design method proposed to be used for hydrologic or hydraulic
computations other than those listed above shall be approved in advance
in writing by the Village Engineer.
B.
Best management practice design standards. The design of all best
management practices used to meet the requirements of this chapter
shall comply with the following technical standards:
(1)
Technical standards as developed or disseminated by the Wisconsin
Department of Natural Resources under Ch. NR 151, Subchapter V, Wis.
Adm. Code.
(2)
Section IV of the Field Office Technical Guide, published by the
United States Department of Agriculture Natural Resource Conservation
Service; and
(3)
Other technical standards published or adopted by the above noted
agencies, the Wisconsin Standards Oversight Council or the Village
Board.
C.
Technical guidelines. The Village Board may adopt technical guidelines
to assist with the consistent administration of certain portions of
this chapter where more specific standards currently do not exist,
are insufficient or are subject to rapid change. The Village Board
shall seek the expertise of other agencies and organizations in the
development and maintenance of technical guidelines under this subsection.
D.
Construction specifications. The construction or installation of
all best management practices and other structures shall comply with
all the construction specifications adopted by the Village Board,
including standard seeding or sodding deadlines for site stabilization.
E.
Availability. Copies of all technical standards, guidelines and specifications
adopted by the Village Board shall be available for review through
the Village Clerk. Fees may be charged for copies of these items in
accordance with a fee schedule established by the Village Board.
F.
Structure setback from stormwater management facilities or wetlands to minimize flood damage. Flows generated by the one-hundred-year, twenty-four-hour design storm under planned land use conditions may exceed the design capacity of stormwater management facilities or wetlands. The restrictions described herein are used solely for setbacks determined by stormwater calculations and are not meant to circumvent more restrictive setback requirements described elsewhere in Chapter 550, Zoning. For principle structures, the following minimum requirements shall apply:
(1)
Vertical setback. The lowest elevation of the finished yard grade
at the principle structure shall be at least two feet above the maximum
water elevation of any stormwater management facility or wetland for
an event produced by the one-hundred-year, twenty-four-hour design
storm.
(2)
Horizontal setback. A principle structure shall be located no closer
than 25 feet from the maximum water elevation produced by a one-hundred-year,
twenty-four-hour design storm adjacent to any stormwater facility
or wetland.
(3)
In determining the limiting elevations described above, the stormwater
management report shall include an analysis assuming no outflow from
principle outlets (plugged condition) and no infiltration (frozen
ground condition) resulting from a single one-hundred-year, twenty-four-hour
design storm. An additional analysis showing the impact of back-to-back
one-hundred-year, twenty-four-hour design storms assuming no outflow
from principle outlets and no infiltration shall be included in the
stormwater management report for informational purposes.
(4)
All limiting elevations determined using the methodology described above shall be recorded as a deed restriction on the subdivision plat, condo plat, certified survey map or any other form of land division, and shall remain with the property in perpetuity. The Village Engineer, upon review of the analysis described in Subsection F(3) above, may require restrictive horizontal and vertical setbacks than those described in Subsection F(1) and (2) above.
(5)
To prevent basement flooding of new structures, all window wells
shall be connected to the buildings sump drainage system in a manner
approved by the Building Inspector.
G.
Future revisions or updates. The technical standards, guidelines
and specifications referenced in this section are made a part of the
ordinance and shall be updated periodically in order to keep current
with field experiences, research, technological advances and the development
of related technical standards by other agencies and units of government.
Any future revision or update of the technical standards or specifications
incorporated herein are also made part of this chapter unless otherwise
acted upon by the Village Board.
A.
General conditions. For all permits issued under this chapter, the
permit holder shall:
(1)
Obtain all other applicable federal, state, county or local permits
and comply with all other applicable regulations. The Village Engineer
will require the applicant to obtain other permits or plan approvals
prior to issuing an erosion and runoff control permit.
(2)
Complete all activities in accordance with the plan(s) and construction schedule approved by the Village Engineer. Any significant changes made during implementation without prior approval by the Village Engineer shall be subject to enforcement action under § 526-14 of this chapter.
(3)
Notify the Village Engineer at least 24 hours in advance of commencing
any work associated with the permit. The Village Engineer may require
further notification of work on various stages of construction or
upon completion of individual components for inspection purposes.
(4)
Authorize the Village Engineer access to the property to perform inspections and to carry out any necessary enforcement activities under § 526-14 of this chapter.
(5)
Inspect all best management practices after each rain event of 0.5 inch or more, or at least once each week, and make any needed repairs. The permit holder shall maintain best management practices until the financial guarantee under Subsection C(2) below is released by the Village Engineer.
(6)
Clean up all off-site sediment deposits and repair any erosion or
other damage occurring as a result of construction work or a storm
event at the end of each work day. Flushing of sediment is not allowed.
B.
Permit issuance and duration.
(1)
The Village Engineer shall establish an expiration date for all permits issued under this chapter. The expiration date shall not exceed 18 months and shall be based on the construction schedules submitted by the applicant under § 526-8D(2)(b)[5] and [9] of this chapter, and the technical standards and specifications adopted by the Village Board under § 526-10 of this chapter.
(2)
The Village Engineer may grant longer permit periods or grant extensions
to existing permits if deemed necessary to ensure compliance with
this chapter or Village Board policy. The Village Engineer may require
additional erosion and runoff control measures as a condition of granting
longer permit periods or permit extensions.
(3)
In accordance with the technical standards and specifications in § 526-10 of this chapter, the Village Engineer may withhold issuance, suspend or revoke an erosion and runoff control permit, or require a change in the proposed construction schedule as a condition of a permit under Subsection B(1) above, if the Village Engineer determines that all of the following apply:
(a)
The proposed or actual land disturbing activity will exceed
standard deadlines for seeding and sodding;
(b)
Runoff or erosion from the site may significantly impact an
environmentally sensitive area or cause other off-site environmental
or property damage; and
(c)
The applicant or permit holder is unable or unwilling to provide
other approved measures to minimize off-site impacts.
C.
Financial guarantee.
(1)
Purpose and type. A bond, escrow or letter of credit in a form approved
by the Village Board and Village Attorney shall be required for all
erosion and runoff control permits issued to ensure compliance with
this chapter.
(2)
Amount. The amount of the financial guarantee shall be determined
by the Village Engineer and shall be based on the estimated costs
of construction of the best management practices in the approved erosion
control and/or stormwater management plan(s) plus any costs for best
management practice maintenance that may be needed during the construction
phase or immediately after the site is stabilized, such as sediment
removal.
(3)
Security. Each financial guarantee shall be accompanied by a written
agreement outlining its purpose, applicable amounts and all of the
conditions for release.
(4)
Conditions for release.
(a)
The Village Engineer shall release the financial guarantee only
after determining full compliance with the requirements of the permit
and this chapter, including the following:
(b)
The permit holder may apply for a prorated release of the financial guarantee based on the completion or partial completion of various construction components or satisfaction of individual requirements of Subsection C(4) above.
(c)
The Village Engineer shall withhold from the financial guarantee amount released to the permit holder, any costs incurred by the Village to complete installation or maintenance of best management practices through enforcement action, as described in § 526-14 of this chapter, or prior to the transfer of maintenance responsibilities through an approved maintenance agreement, or other unpaid fees or costs incurred by the Village associated with the administration of this section.
(5)
Other financial guarantees. The financial guarantee provisions of
this chapter shall be in addition to any other financial guarantee
requirements of the Village Board and Village Attorney for other site
improvements.
D.
Construction certification.
(1)
A professional engineer, licensed in the State of Wisconsin, shall be in responsible charge and certify that the construction of all stormwater management facilities, and other best management practices as determined by the Village Engineer, comply with the plan(s) approved by the Village Engineer and the technical standards and specifications of § 526-10 of this chapter.
(2)
"As-built" plans shall be submitted for all stormwater management
facilities and other permanent best management practices or practice
components as deemed necessary by the Village Engineer to ensure compliance
with this chapter. As-built plans shall document, on maps and drawings
of the same scale and quality as the site development plan, actual
location, elevations, materials, construction specifications and other
items and be certified by the project engineer.
E.
Final inspection. After completion of construction, the Village Engineer
shall conduct a final inspection of all sites regulated by this chapter
to assist in determining compliance with the approved plan(s) and
other applicable requirements, the permit and this chapter. If upon
inspection, the Village Engineer determines that any of the applicable
requirements have not been met, the Village Engineer shall notify
the permit holder what changes would be necessary to meet the requirements.
At the request of the permit holder, the Village Engineer shall provide
notification of noncompliance or a report of final inspection in written
form.
A.
Maintenance agreement required. A maintenance agreement between the
local municipality or other approved unit of government and the proposed
property owner(s) shall be required for all stormwater management
facilities installed to comply with the requirements of this chapter.
The agreement shall be independent of all other restrictions or covenants
and shall be prepared in accordance with this section.
B.
Agreement provisions. The maintenance agreement shall, at a minimum,
contain the following information and provisions:
(1)
Identification of the owner(s) of the land parcel where the stormwater
management facility is located;
(2)
A legal description and survey map of the stormwater BMP location(s),
showing associated drainage or access easements required to maintain
the BMP;
(3)
Identification of each type of stormwater management facility and
a general description of its purpose and design, including but not
limited to facility dimensions, inlet and outlet design and dimensions
and the drainage area served by the facility;
(4)
A description of all long-term maintenance activities that may or
will be required for each stormwater management facility, and an estimated
time interval between each activity;
(5)
Granting of an access easement for access to all stormwater management
facilities that is a minimum of 20 feet wide, with a minimum twelve-foot
travel lane, not including drainage easements, rights-of-way or other
restricted areas. Damage to this travel lane will be paid by the by
the party responsible for the maintenance agreement;
(6)
Identification of the landowner(s), organization, municipality or
other entity responsible for long term maintenance of the stormwater
management facility;
(7)
Authorization for access to the property by the Village Department
of Public Works, the Village Engineer to conduct periodic inspections
of the facility, monitor its performance and maintenance, and notify
the designated entity when maintenance or repair activities are necessary;
(8)
Recognition that, upon written notification, the designated entity
shall, within a reasonable time period, complete any needed maintenance
or repair work recommended as a result of an inspection of the facility;
(9)
Authorization for the Village, and/or other designated authority to carry out any maintenance activities if the designated entity does not perform the required maintenance or repair work within the time period specified in Subsection B(7) above;
(10)
Recognition that the applicable local government may exercise their statutory authority to levy and collect special assessments and charges under § 66.60, Wis. Stats., for any services carried out relating to Subsection B(8) above;
(11)
Language confirming that the entire agreement shall remain binding
among all parties to and within the agreement, until changes are mutually
agreed to in writing by all parties. Any changes made to the agreement
must maintain the minimum items listed in this subsection and the
long term maintenance of the stormwater management facility.
(12)
Other information as determined to be necessary by the Village
Engineer or the Village Board to ensure compliance with this chapter.
C.
Agreement approval and recording.
(1)
The Village Engineer shall ensure that all submitted maintenance agreements comply with Subsection B above. If the agreement does not comply, the Village Engineer shall notify the applicant or permit holder what changes are needed in order to comply.
(2)
Upon certification of compliance with Subsection B above by the Village Engineer, the maintenance agreement shall be recorded at the Washington County Register of Deeds referencing any plat, certified survey or other ownership transfer device pertaining to land which contains a stormwater management facility or is subject to maintenance responsibility in the approved agreement. The agreement as recorded shall ensure that the maintenance requirements are binding on all subsequent owners of the property upon which the stormwater management facility is located and that the restrictions run with the land and on any other property which is subject to maintenance responsibility in the agreement.
(3)
The permit holder shall provide a copy of the recorded agreement,
including evidence of the actual recording(s), to the Village Engineer.
D.
Agreement form. The maintenance agreement requirements of this section
may, at the discretion of the Village Engineer, be a separate document
or may be incorporated into a developer's agreement. The form
of the document proposed for recording shall be reviewed and approved
by the Village Engineer. Any method used shall comply with all of
the requirements of this section.
E.
Maintenance responsibilities prior to a maintenance agreement. The permit holder shall be responsible for the maintenance of all stormwater management facilities prior to a satisfactory final inspection under § 526-11E of this chapter and the release of a financial guarantee under § 526-11C of this chapter.
A.
Prohibitions.
(1)
Discharges. Except for stormwater and other discharges specifically exempted under Subsection B below, no discharge, spilling or dumping of substances or materials shall be allowed into receiving water bodies or onto driveways, sidewalks, parking lots or other areas that drain into the storm drainage system.
(2)
Connection. The construction, use, maintenance or continued existence
of illicit connections to the storm drainage system is prohibited.
This prohibition expressly includes, without limitation, illicit connections
made prior to the adoption of this chapter, regardless of whether
the connection was permissible under law or practice applicable or
prevailing at the time of connection.
B.
Exemptions.
(1)
The following activities are exempt from the provisions of this section
unless found to have an adverse impact on the stormwater:
(a)
Discharges resulting from firefighting activities.
(b)
Discharges from uncontaminated ground water, potable water source,
roof drains, foundation drain and sump pump, air-conditioning condensation,
springs, lawn watering, individual residential car washing, water
main and hydrant flushing and swimming pools if the water has been
dechlorinated.
C.
Notice of violation. Whenever the administrating authority finds
a violation of this section, the administrating authority may order
compliance by written notice of violation to the responsible party.
Such notice may require without limitation:
A.
Ordinance administrator. The Village Engineer or authorized designee
is authorized to administer and enforce compliance with this chapter.
The Village Engineer shall have the following powers and duties:
(1)
Advise applicants as to the requirements of this chapter and assist
them in filling out forms and other related administrative procedures.
(2)
Review applications, issue permits, and make all determinations stated
in this chapter.
(3)
Conduct on-site inspections and investigate complaints in a timely
manner to ensure compliance with this chapter.
(4)
Maintain records of all permits issued, inspections and determinations
made, work approved, enforcement action and other official action.
(5)
Make recommendations to the Village Board on any revisions or updates
to this chapter, including keeping all technical standards, construction
specifications and administrative tools current and advising on policy
issues.
(6)
Assist the Zoning Board of Appeals with the appeal process by providing
the necessary information for their consideration and action.
(7)
Carry out duties relating to ensuring the long-term maintenance of
stormwater management facilities, such as site inspections and making
recommendations for needed repairs or maintenance, in accordance with
approved working agreements.
B.
Prohibited practices. It shall be deemed a violation, and be subject
to enforcement action, for any person, firm, association, corporation
or other entity subject to the requirements of this chapter to do
in any of the following:
(1)
Commence in any land disturbing or land development activity prior
to:
(a)
Obtaining an erosion and runoff control permit;
(b)
Notifying the Village Engineer a minimum of 24 hours in advance
of commencement of a land disturbing activity;
(c)
Installing those best management practices identified in the
approved plan(s) to be installed prior to any land disturbing or land
developing activity.
(2)
Fail to follow the approved plan(s), or other permit conditions,
including but not limited to the required construction sequence, practice
installation and technical standards or specifications.
(3)
Fail to maintain, repair or replace any best management practice
deemed ineffective prior to the release of a financial guarantee.
C.
Violations.
(1)
The Village Engineer is authorized to use the following methods of
enforcement in any combination thereof against any person, firm, association,
corporation or other entity that is found to be in violation of any
provision of this chapter:
(a)
Forfeiture. Any violator shall be subject to a forfeiture of
not less than $50 or more than $500 plus the cost of prosecution for
each violation. Each day that a violation exists shall constitute
a separate offense.
(b)
Stop-work order. Any violator is subject to an order to stop
all work except that which is needed as a corrective action to bring
the site into compliance, or the Village Attorney may be requested
to obtain a temporary restraining order and such other remedial court
orders as shall be necessary to ensure compliance.
(c)
Permit withholding and revocation. The Village Engineer may
revoke a permit issued under this chapter, and the Village may withhold
other permits or approvals, if the Village Engineer determines that
the permit holder is not making a good faith effort to comply with
the conditions of the permit. Upon loss of the permit, all construction
shall cease except that the site shall be stabilized to preclude any
further soil erosion or sediment disposition activity, with any costs
incurred by the Village to be charged against the financial guarantee.
(d)
Emergency action. The Village may enter upon the property and
take any necessary emergency action if the Village Engineer determines
that the site in violation is an immediate threat to public health,
safety, welfare, the environment or off-site property, or if the permit
holder or other violator refuses to take the corrective action as
ordered by the Village Engineer. Any cost incurred by the Village
as a result of this action shall be billed to the permit holder as
a special assessment under the authority of § 66.60, Wis.
Stats. Failure to pay said costs on a timely basis shall constitute
a violation of this chapter.
(2)
Any enforcement measures shall continue until compliance is achieved
or as ordered by the court.
(3)
The Village Engineer shall notify the permit holder in writing of
any violation. The written notice shall be hand delivered to the permit
holder or sent by certified mail and shall describe the violation,
remedial action(s) needed, a schedule for all remedial action to be
completed, and additional enforcement action which may be taken.
(4)
The schedule established by the Village Engineer for required remedial
action shall be based on a reasonable amount of time required to carry
out the remedial action.
(5)
Private enforcement. Any person affected by activities regulated
under this chapter may enforce the provisions of this chapter by private
action seeking an injunction.
D.
Responsible party. For purposes of determining the responsible party
or parties for any enforcement action under this chapter, the phrase
"person, firm, association, corporation or other entity" as used in
this chapter shall include, as the context requires, any owner, lessee,
tenant, mortgagee, trustee, land contract vendor or vendee, or other
holder of any legal or equitable interest in the particular land subject
to this chapter and shall also include any contractor, subcontractor,
engineer, consultant, agent or employee retained or acting on behalf
of any of the preceding and having any material responsibility or
having undertaken any activity with respect to the particular land
subject to this chapter.
A.
Authority. The Zoning Board
of Appeals shall act as the review and appeal authority for any order,
requirement, decision or determination by the Village Engineer under
this chapter.
B.
Procedure. The rules, procedures, duties and powers of the Zoning
Board of Appeals shall be as provided in the Village Code and the
provisions of § 62.23, Wis. Stats., shall apply to any review
or appeal under this chapter.
C.
Variances. Upon appeal, the Zoning Board of Appeals may authorize
variances from the provisions of this chapter which are not contrary
to the public interest or the purpose of this chapter, and where owing
to special conditions beyond the control of the applicant, a literal
enforcement of this chapter will result in unnecessary hardship.
D.
Who may appeal. Appeals to the Zoning Board of Appeals may be taken
by any aggrieved person or by an officer, department or board of the
Village affected by any decision of the Village Engineer.
The terms used in this chapter shall have the following meaning:
As used in § 526-14C(5) of this chapter, means that a regulated activity has significantly:
Any plant grown for the purpose of harvest to support a business.
A practice, technique or measure that is an effective, practical
means of preventing or reducing soil erosion and/or water pollution
from runoff both during and after land development activities. These
can include structural, vegetative or management practices.
All lands included within the boundary of one or more certified
surveys or other land divisions where multiple, separate and distinct
land development activity may occur at different times.
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.
Preventing or reducing soil erosion and sedimentation from
land disturbing activity.
A hypothetical depth of rainfall that would occur for the stated return frequency (e.g., two-year or ten-year) and duration (e.g., twenty-four-hour). All values are based on the historical rainfall records for the area and are available for reference in many publications. [Note: See § 526-10A of this chapter for a table of applicable design storms for Washington County.]
Any area that, due to the natural resources present or the
lack of filtering capacity, is significantly more susceptible to the
negative impacts of sedimentation and other pollutants associated
with erosion and urban runoff. Examples include direct hydrologic
connections to lakes, stream, wetlands or other water resources, very
coarse or shallow soils to groundwater or bedrock, or areas inhabited
by endangered resources.
The placement of topsoil over disturbed areas in accordance with the requirements of § 526-8C of this chapter.
Any discharge to a municipal separate storm sewer that is
not composed entirely of runoff, except discharges authorized by a
WPDES permit or any other discharge not requiring a WPDES permit such
as later line flushing, landscape irrigation, individual residential
car washing, firefighting and similar discharges.
Any land cover that prevents rain or melting snow from soaking
into the ground, such as roofs (including overhangs), roads, sidewalks,
patios, driveways and parking lots. For purposes of this chapter,
all road, driveway or parking surfaces, including gravel, shall be
considered impervious, unless specifically designed to encourage infiltration
and approved by the Village Engineer.
That complying with a specific requirement would cause undue
economic hardship and that special conditions exist which are beyond
the control of the applicant and would prevent compliance.
An undeveloped area of land located within an existing urban
sewer service area, surrounded by development or development and natural
or man-made features where development cannot occur.
The process by which rainfall or runoff seeps into the soil.
The process of trying to prevent delivery of sediment by
installing a silt fence or some other form of sediment trap in the
flow path to slow flows and settle the suspended soil particles.
Any construction related activity that results in the addition
or replacement of impervious surfaces such as rooftops, roads, parking
lots and other structures.
Any construction related activity that exposes soil to the
erosive forces of wind, rain and snow melt. Land disturbing activities
include removing vegetative cover, grading, excavating and filling.
It does not include the planting, growing and harvesting of agricultural
crops or mining activity that is otherwise regulated through a local
mine reclamation ordinance.
That the impact of any land disturbing or land development
activity on off-site property or natural resources would be negligible
due to site conditions, such as internal drainage or a very large
vegetative buffer area surrounding a small building project.
The Village Engineer or his/her designee.
The highest flow rate of runoff, as estimated by calculations
and measured in cubic feet per second, that would normally result
from a given design storm.
Any best management practice that is designed to remain in
place after the development is complete. They are designed to stabilize
the site or to permanently manage stormwater runoff.
That complying with a specific requirement does not cause
undue economic hardship and that special conditions do not exist which
are beyond the control of the applicant and would prevent compliance.
The conditions of the land surface, including vegetative
cover and natural drainage patterns, prior to the proposed land development
activity. For purposes of this chapter, all predevelopment conditions
shall assume good land management and good hydrologic condition.
A published document that establishes a planned course of
action for managing stormwater runoff from an entire drainage area
or watershed, including future land development activities within
the watershed. A regional stormwater management plan will recommend
the use of best management practices for individual development sites
and for selected points within the watershed to meet the goals and
objectives of the plan.
For purposes of determining the responsible party or parties
for any enforcement action under this chapter, the phrase "person,
firm, association, corporation or other entity" as used in this chapter
shall include, as the context requires, any owner, lessee, tenant,
mortgagee, trustee, land contract vendor or vendee, or other holder
of any legal or equitable interest in the particular land subject
to this chapter and shall also include any contractor, subcontractor,
engineer, consultant, agent or employee retained or acting on behalf
of any of the preceding and having any material responsibility or
having undertaken any activity with respect to the particular land
subject to this chapter.
As used in § 526-5B(2) of this chapter, means any access drive that serves more than two residences or businesses.
Any rain or melting snow that flows over the ground surface.
(Also referred to as "stormwater runoff.")
The land area that is within the districts identified as
the shoreland/wetland/floodplain zone on the Official Zoning Maps
of the Village of Slinger. The shoreland zone generally includes all
lands within 300 feet of a navigable stream or 1,000 feet from a lake
shore. The wetland and floodplain zoning districts may extend beyond
the shoreland zone.
The first step in the soil erosion process, or the dislodging
of the soil particle from raindrop impact, water flow or wind. After
detachment, the soil particle can be suspended and carried in runoff
or wind to another site. Soil detachment is reduced by providing a
vegetative or synthetic cover over the soil surface or through the
application of soil treatment measures designed for this purpose.
That vegetation is well established or other surfacing material
is in place and the risk of further soil erosion is minimal.
Any measures taken to permanently reduce or minimize the
negative impacts of stormwater runoff quantity and quality from urban
areas after land development activities.
Any structural best management practice, such as a retention
pond, infiltration basin or other physical structure, that is designed
to collect and permanently manage the quantity and/or quality of stormwater
runoff.
The "B" horizon in any natural soil profile. Natural soil
profiles are described in detail in the Soil Survey of Washington
County.
Any best management practice that is intended to reduce soil
erosion and/or sediment in runoff during the construction phase only,
and is intended to be removed after the site is stabilized.
The "A" horizon found in any natural soil profile not formed
from organic material. Natural soil profiles are described in detail
in the Soil Survey of Washington County.
The amount of pollutants specified as a function of one or
more water quality parameters, that can be discharged per day into
a water quality limited segment and still ensure attainment of the
applicable water quality standard.
The total weight of material, including sediment and other solids, that is assumed to be carried in the runoff water and discharged from the site based on runoff models for urban lands. For best management practice design purposes, a five-micron particle size is usually selected as a target to achieve 80% total suspended solids removal rate, as required in § 526-9D of this chapter.
The total area of land where runoff drains to a specific
point on the landscape. It is also referred to as the "drainage area."
The type, quality and significance of the ecological and
cultural benefits provided by the wetland, such as: flood storage,
water quality protection, groundwater recharge and discharge, shoreline
protection, fish and wildlife habitat, floral diversity, aesthetics,
recreation and education.
A day when the administering authority and other local businesses are routinely and customarily open for business, not including Saturdays, Sundays or scheduled holidays. When used in § 526-8 of this chapter, relating to specific erosion control requirements, the term "working days" shall not include any days that site stabilization activities could not reasonably be carried out due to inclement weather conditions.
