The City Council finds that runoff from land-disturbing construction
activity carries a significant amount of sediment and other pollutants
to the waters of the state in the City of Fond du Lac. The City 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, and 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.
Construction site erosion control purpose. It is the purpose of this
chapter 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
in the City of Fond du Lac.
B.
Post-construction stormwater management purpose. The general purpose
of this chapter 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.
(4)
Minimize the amount of pollutants discharged from the separate storm
sewer to protect the waters of the state.
C.
Post-construction stormwater management intent. It is the intent
of the City Council that this chapter regulates post-construction
stormwater discharges to waters of the state. This chapter may be
applied on a site-by-site basis. The City Council recognizes, however,
that the preferred method of achieving the stormwater performance
standards set forth in this chapter is through the preparation and
implementation of comprehensive, systems-level stormwater management
plans that cover hydrologic units, such as watersheds, on a municipal
and regional scale. Such plans may prescribe regional stormwater devices,
practices or systems, any of which may be designed to treat runoff
from more than one site prior to discharge to waters of the state.
Where such plans are in conformance with the performance standards
developed under § 281.16, Wis. Stats., for regional stormwater
management measures and have been approved by the City Council, it
is the intent of this chapter that the approved plan be used to identify
post-construction management measures acceptable for the community.
D.
Illicit discharge and connection purpose. The purpose of this chapter
is to provide for the health, safety, and general welfare of the citizens
of the City of Fond du Lac through the regulation of non-stormwater
discharges to the MS4 to the maximum extent practicable as required
by federal and state law. This chapter establishes methods for controlling
the introduction of pollutants into the MS4 in order to comply with
requirements of the WPDES permit process. The objectives of this chapter
are as follows:
(1)
To regulate the contribution of pollutants to the MS4 by stormwater
discharges by any user.
(2)
To prohibit illicit connections and discharges to the MS4.
(3)
To establish legal authority to carry out all inspection, surveillance,
monitoring, and enforcement procedures necessary to ensure compliance
with this chapter.
As used in this chapter, the following terms will have the meanings
indicated:
Maintenance of sufficient vegetation types and densities
such that the physical integrity of the streambank or lakeshore is
preserved. Self-sustaining vegetative cover includes grasses, forbs,
sedges and duff layers of fallen leaves and woody debris.
The City of Fond du Lac City Manager, Director of Public
Works, or City Engineer.
The part of the farm where there is planting, growing, cultivating
and harvesting of crops for human or livestock consumption and pasturing
or outside yarding of livestock, including sod farms and silviculture.
Practices in this area may include waterways, drainage ditches, diversions,
terraces, farm lanes, excavation, filling and similar practices. The
agricultural activity area does not include the agricultural production
area.
The part of the farm where there is concentrated production
activity or impervious surfaces. Agricultural production areas include
buildings, driveways, parking areas, feed storage structures, manure
storage structures, and other impervious surfaces. The agricultural
production area does not include the agricultural activity area.
The National Oceanic and Atmospheric Administration (NOAA)
Atlas 14 Precipitation-Frequency Atlas of the United States, Volume
8 (Midwestern States), published in 2013.
A calendar year of precipitation, excluding snow, which is
considered typical. For purposes of this chapter, average annual rainfall
means measured precipitation in Green Bay, Wisconsin, between March
29 and November 25, 1969.
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 that 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 or in
violation of a permit issued by the City Engineer.
The City of Fond du Lac City Engineer or his authorized deputy(s)
or employees.
A system for conveying both sanitary sewage and stormwater
runoff.
A 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. A common plan of
development or sale includes, but is not limited to, subdivision plats,
certified survey maps, and other developments.
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.
An area upon which one or more land-disturbing construction
activities occur, including areas that are part of a larger common
plan of development.
Stormwater that comes into contact with material handling
equipment or activities, raw materials, intermediate products, final
products, waste materials, byproducts or industrial machinery in the
source areas listed in Ch. NR 216, Wis. Adm. Code.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall. The Atlas 14, NRCS MSE4 distribution,
twenty-four-hour design storms for the City of Fond du Lac are: one-year,
2.23 inches; two-year, 2.55 inches; five-year, 3.13 inches; ten-year,
3.69 inches; twenty-five-year, 4.57 inches; fifty-year, 5.33 inches;
and one-hundred-year, 6.16 inches.
Residential, commercial, industrial, institutional, or other
land uses and associated roads.
Wells, sinkholes, swallets, fractured bedrock at the surface,
sand or gravel surficial deposits, mine shafts, nonmetallic mines,
tile inlets discharging to groundwater, quarries, or depressional
groundwater recharge areas over shallow fractured bedrock.
The release of stormwater or adding, introducing, releasing,
leaking, spilling, casting, throwing, or emitting any pollutant, or
placing any pollutant in a location where it is likely to pollute
waters of the state.
Any addition of any pollutant to the waters of this state
from any source.
The creation from one or more parcels or building sites of
additional parcels or building sites where such creation occurs at
one time or through the successive partition within a five-year period.
The drainage plan shall also show existing and proposed grades
of the lot on which the building is to be constructed and any adjoining
property in sufficient detail to indicate surface water drainage before
and after the completion of grading. The drainage plan shall also
show existing trees, drainage patterns and significant land features
and buildings, and typical proposed drainage swale details as may
be required.
[Added 3-28-2018 by Ord.
No. 3660]
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.
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
Waters listed in § NR 102.11, Wis. Adm. Code.
Development in existence on October 1, 2004, or development
for which a stormwater permit in accordance with Subchapter III of
Ch. NR 216, Wis. Adm. Code, was received on or before October 1, 2004.
The unincorporated area within three miles of the corporate
limits of a first-, second-, or third-class city or within 1.5 miles
of a fourth-class city or village.
A payment of money to the City of Fond du Lac in place of
meeting all or part of the stormwater management performance standards
required by this chapter.
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.
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 that employ equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, cash escrow or similar guarantees submitted to the
City Engineer by the responsible party to assure that requirements
of this chapter are carried out in compliance with the stormwater
management plan.
The City Council of the City of Fond du Lac, Wisconsin.
Any of the waters of the state occurring in a saturated subsurface
geological formation of rock or soil.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
The higher of either the elevation to which the soil is saturated
as observed as a free water surface in an unlined hole, or the elevation
to which the soil has been seasonally or periodically saturated as
indicated by soil color patterns throughout the soil profile.
Has the meaning given in § 340.01(22), Wis. Stats.
Has the meaning given in § 84.013(1)(b), Wis. Stats.
Has the meaning given in § 84.013(1)(c), Wis. Stats.
Has the meaning given in § 84.013(1)(d), Wis. Stats.
Either of the following:
Any drain or conveyance, whether on the surface or subsurface,
that allows an illicit discharge to enter the MS4, including but not
limited to any conveyances that allow any non-stormwater discharge,
including sewage, process wastewater, and wash water, to enter the
MS4 and any connections to the MS4 from indoor drains and sinks, regardless
of whether said drain or connection had been previously allowed, permitted,
or approved by the City of Fond du Lac or State of Wisconsin; or
Any drain or conveyance connected from a commercial or industrial
land use to the MS4 which has not been documented in plans, maps,
or equivalent records and approved by the City of Fond du Lac or State
of Wisconsin.
Any discharge to a municipal separate storm sewer system
that is not composed entirely of stormwater, except discharges authorized
by a WPDES permit or other discharge not requiring a WPDES permit
such as landscape irrigation, individual residential car washing,
firefighting, diverted stream flows, uncontaminated groundwater infiltration,
uncontaminated pumped groundwater, discharges from potable water sources,
foundation drains, air-conditioning condensation, irrigation water,
lawn watering, flows from riparian habitats and wetlands, and similar
discharges.
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. Gravel surfaces are considered impervious,
unless specifically designed to encourage infiltration.
Activities subject to WPDES industrial permits per Ch. NR
216, Wis. Adm. Code, and Ch. 283, Wis. Stats.
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. Infill does not
include any undeveloped area that was part of a larger new development
for which a stormwater permit was required under this chapter or by
Subchapter III of Ch. NR 216, Wis. Adm. Code.
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 road side channels designed for conveyance
and pollutant removal only.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover that may result in runoff and lead to an increase in soil
erosion and movement of pollutants into the municipal separate storm
sewer or waters of the state. Land-disturbing construction activity
includes clearing and grubbing, demolition, excavating, pit trench
dewatering, filling and grading activities, and soil stockpiling.
A legal document that provides for long-term maintenance
of stormwater management and best management practices.
The highest level of performance that is achievable but is
not equivalent to a performance standard identified within this chapter.
Maximum extent practicable applies when the permit applicant demonstrates
to the City Engineer's satisfaction that a performance standard is
not achievable and that a lower level of performance is appropriate.
In making the assertion that a performance standard is not achievable
and that a level of performance different from the performance standard
is the maximum extent practicable, the permit applicant shall take
into account the best available technology, cost effectiveness, geographic
features, and other competing interests such as protection of public
safety and welfare, protection of endangered and threatened resources,
and preservation of historic properties.
Reconstruction of a highway that is limited to 1.5 miles
in continuous or aggregate total length of realignment and that does
not exceed 100 feet in width of roadbed widening, and that does not
include replacement of a vegetated drainage system with a nonvegetated
drainage system except where necessary to convey runoff under a highway
or private road or driveway.
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 the following
criteria:
Any city, town, village, county, county utility district,
town sanitary district, town utility district, school district or
metropolitan sewage district or any other public entity created pursuant
to law and having authority to collect, treat or dispose of sewage,
industrial wastes, stormwater or other wastes.
Has the meaning given in § 30.01(4m), Wis. Stats.
That portion of a post-construction site where impervious
surfaces are being created or expanded. Any disturbance where the
amount of impervious area for the post-development condition is greater
than the predevelopment condition is classified as new development.
For purposes of this chapter, a post-construction site is classified
as new development, redevelopment, routine maintenance, or some combination
of these three classifications as appropriate.
Any discharge to the MS4 that is not composed entirely of
stormwater.
A specific precipitation distribution developed by the United
States Department of Agriculture, Natural Resources Conservation Service,
using precipitation data from Atlas 14.
Located outside the property boundary described in the permit
application.
Located within the property boundary described in the permit
application.
Has the meaning given in § NR 115.03(6), Wis. Adm.
Code.
The point at which stormwater is discharged to waters of
the state, to a storm sewer, or off site.
Waters listed in § NR 102.10, Wis. Adm. Code.
Any person holding fee title, an easement or other interest
in property. May also include a person allowed to undertake cropping,
livestock management, land-disturbing construction activity or maintenance
of stormwater BMPs on the property.
The maximum rate of flow of water at a given point in a channel,
watercourse, or conduit resulting from a predetermined storm or flood.
[Added 5-25-2022 by Ord. No. 3752]
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 individual, owner, operator, corporation, partnership,
association, municipality, interstate agency, state agency or federal
agency.
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.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological
materials, radioactive substance, heat, wrecked or discarded equipment,
rock, sand, cellar dirt and industrial, municipal and agricultural
waste discharged into water.
Any man-made or man-induced alteration of the chemical, physical,
biological or radiological integrity of water.
Taking measures to eliminate or reduce pollution.
A construction site following the completion of land-disturbing
construction activity and final site stabilization.
The extent and distribution of land cover types present after
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.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Has the meaning given in § NR 140.05(17), Wis.
Adm. Code.
That portion of a post-construction site where impervious
surfaces are being reconstructed, replaced, or reconfigured. Any disturbance
where the amount of impervious area for the post-development condition
is equal to or less than the predevelopment condition is classified
as redevelopment. For purposes of this chapter, a post-construction
site is classified as new development, redevelopment, routine maintenance,
or some combination of these three classifications as appropriate.
The owner or any other entity performing services to meet
the requirements of this chapter through a contract or other agreement.
That portion of a post-construction site where predevelopment
impervious surfaces are being maintained to preserve the original
line and grade, hydraulic capacity, drainage pattern, configuration,
or purpose of the facility. Remodeling of buildings and resurfacing
of parking lots, streets, driveways, and sidewalks are examples of
routine maintenance, provided that the lower 1/2 of the impervious
surface's granular base is not disturbed. The disturbance shall be
classified as redevelopment if the lower 1/2 of the granular base
associated with the predevelopment impervious surface is disturbed
or if the soil located beneath the impervious surface is exposed.
For purposes of this chapter, a post-construction site is classified
as new development, redevelopment, routine maintenance, or some combination
of these three classifications as appropriate.
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:
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 is proposed
in the permit application or on which land-disturbing construction
activity occurred.
The State of Wisconsin.
An order issued by the City Engineer which requires that
all construction activity on the site be stopped.
Runoff from precipitation, including rain, snow, ice melt
or similar water that moves on the land surface via sheet or channelized
flow.
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has under gone final stabilization
following completion of the construction activity.
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
A performance standard that will apply in a specific area
where additional practices beyond those contained in this chapter
are necessary to meet water quality standards. A total maximum daily
load is an example of a targeted performance standard.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
An edge, or point on the landscape, landward from the ordinary
high-water mark of a surface water of the state, where the slope of
the land begins to be less than 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the initial
50 feet, landward from the ordinary high-water mark, the top of the
channel is the ordinary high-water mark.
The amount of pollutants, specified as a function of one
or more water quality parameters, that can be discharged per day into
a water quality limited segment and still ensure attainment of the
applicable water quality standard.
The sum of all the forms of phosphorus, dissolved or particulate,
including orthophosphate, condensed phosphate, and organic phosphate
in water.
[Added 5-25-2022 by Ord. No. 3752]
The sum of dissolved solids plus suspended and settleable
solids in water. Suspended solids include silt and clay particles,
plankton, algae, fine organic debris, and other particulate matter
that will not pass through a two-micron filter.
[Added 5-25-2022 by Ord. No. 3752]
Technical Paper No. 40, Rainfall Frequency Atlas of the United
States, published in 1961.
The United States Department of Agriculture, Natural Resources
Conservation Service (previously Soil Conservation Service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986, which is incorporated by reference for this chapter.
A highway, a railroad, a public mass transit facility, a
public-use airport, a public trail, or any other public work for transportation
purposes such as harbor improvements under § 85.095(1)(b),
Wis. Stats. "Transportation facility" does not include building sites
for the construction of public buildings and buildings that are places
of employment that are regulated by the DNR pursuant to § 281.33,
Wis. Stats.
A rainfall type curve as established in the United States
Department of Agriculture, Natural Resources Conservation Service
(previously Soil Conservation Service), Technical Paper 149, published
in 1973.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
A natural or artificial channel through which water flows.
These channels include all perennial streams (blue lines) and intermittent
streams (dashed blue lines) on the United States Geological Survey
(USGS) quadrangle maps, all streams and canals shown on the Natural
Resources Conservation Service (NRCS) soil survey maps, all channels
identified on the site, and new channels that are created as part
of a development. The term "watercourse" includes waters of the state.
Those portions of Lake Michigan and Lake Superior within
the boundaries of Wisconsin, and all lakes, bays, rivers, streams,
springs, ponds, wells, impounding reservoirs, marshes, watercourses,
drainage systems and other surface water or groundwater, natural or
artificial, public or private, within Wisconsin or its jurisdiction.
A Wisconsin Pollutant Discharge Elimination System permit
issued pursuant to Ch. 283, Wis. Stats.
The following abbreviations shall have the designated meanings:
|
BMP
|
Best management practice
|
|
CFR
|
Code of Federal Regulations
|
|
DNR
|
Wisconsin Department of Natural Resources
|
|
MEP
|
Maximum extent practicable
|
|
MS4
|
Municipal separate storm sewer system
|
|
NOAA
|
National Oceanic and Atmospheric Administration
|
|
NRCS
|
Natural Resources Conservation Service
|
|
NR
|
Wisconsin Department of Natural Resources Administrative Code
|
|
RUSLE2
|
Revised Universal Soil Loss Equation 2
|
|
SPS
|
Wisconsin Department of Safety and Professional Services Administrative
Code
|
|
SWPPP
|
Stormwater pollution prevention plan
|
|
TMDL
|
Total maximum daily load
|
|
TP
|
Total phosphorus
|
|
TSS
|
Total suspended solids
|
|
USLE
|
Universal Soil Loss Equation
|
|
WPDES
|
Wisconsin Pollutant Discharge Elimination System
|
[Added 3-28-2018 by Ord.
No. 3660]
A.
A City Engineer-approved drainage plan and application shall be required
for construction of any building with an area of 650 square feet or
greater and for any grading or landscaping that will change the elevations
of a lot, except for the addition of fill to lot depressions to maintain
elevations within interior of a lot. A drainage plan submitted by
the builder for the first-time construction of a single-family or
two-family home may be prepared by a person other than a licensed
professional, provided that the plan includes stamped certification
of existing conditions at the time of plan preparation by a registered
engineer, land surveyor or architect as described in Chs. A-E 1 to
13, Wis. Adm. Code, and required by the Department of Safety and Professional
Services. No deviation from any drainage plan shall be permitted unless
approved, in writing, by the City Engineer. No building permit shall
be issued if the erection of the building and the proposed grades
shall unreasonably obstruct the natural flow of water from the surface
of adjoining property or obstruct the flow of any existing ravine,
ditch, drain or stormwater sewer draining neighboring property, unless
suitable provision is made for such flow by means of an adequate ditch,
swale or pipe. If the City Engineer determines that surface water
from adjoining property presently draining across the area to be developed
will be diverted, the ditch, swale or pipe shall necessarily be a
joint lot-line facility, and no property which has in the past been
draining across vacant lands shall be held exempt from the development
of a joint drainage facility. Any such drainage facility shall be
shown on the plans and shall be constructed so as to provide continuous
drainage at all times.
[Amended 3-28-2018 by Ord. No. 3660]
A.
The fees referred to in other sections of this chapter shall be established
by resolution of the City Council and may from time to time be modified
by resolution. A schedule of the fees established by the City Council
shall be available for review in the offices of the City Engineer
and the City Clerk.
B.
Review fee required. A review fee is required with the submittal
of a residential lot drainage plan and shall be paid in an amount
set by resolution of the City Council.
C.
Drainage deposit required. A deposit is required for compliance with
residential lot drainage plans and protection of public right-of-way
infrastructure (including, but not limited to, sidewalk, driveway
aprons, curb/gutter, terrace landscaping, street pavement, and sanitary,
water, storm facilities). The deposit shall be returned to the builder
or property owner upon the final approved inspection of the lot drainage
and public right-of-way infrastructure. If, during final inspection,
the City Engineer directs corrective work and said corrective work
is not completed, part or all of the deposit may be forfeited to the
City of Fond du Lac for use in completing the corrective work. The
amount of the deposit shall be set by resolution of the City Council.
A.
Appeals. The Director of Public Works:
(2)
Upon appeal, may authorize variances from the provisions of this
chapter which are not contrary to the public interest and where owing
to special conditions a literal enforcement of the provisions of this
chapter will result in unnecessary hardship; and
[Amended 5-25-2022 by Ord. No. 3752]
(3)
Shall use the rules, procedures, duties and powers authorized by
statute in hearing and deciding appeals and authorizing variances.
B.
Who may appeal. Appeals to the Director of Public Works may be taken
by any aggrieved person or by any office, department, board, or bureau
of the City of Fond du Lac affected by any decision of the City Engineer.
C.
Appeal of notice of violation. Any person receiving an illicit discharge
notice of violation may appeal the determination of the Department
of Public Works. The notice of appeal must be received by or filed
with the Department of Public Works within three days from the date
of the notice of violation. Hearing on the appeal before the appropriate
authority or his/her designee shall take place within 30 days from
the date of receipt of the notice of appeal.
