A. 
This article is adopted by the City Council under the authority granted by § 62.234, Wis. Stats. This article supersedes all provisions of an ordinance previously enacted under § 62.23, Wis. Stats., that relate to stormwater management regulations. Except as otherwise specified in § 62.234, Wis. Stats., § 62.23, Wis. Stats., applies to this article and to any amendments to this article.
B. 
The provisions of this article are deemed not to limit any other lawful regulatory powers of the same governing body.
C. 
The City Council hereby designates the City Engineer to administer and enforce the provisions of this article.
D. 
The requirements of this article do not preempt more stringent stormwater management requirements that may be imposed by any of the following:
(1) 
DNR administrative rules, permits or approvals, including those authorized under §§ 281.16 and 283.33, Wis. Stats.
(2) 
Targeted nonagricultural performance standards promulgated in rules by the DNR under § NR 151.004, Wis. Adm. Code.
A. 
Applicability.
(1) 
Where not otherwise limited by law, this article applies to all post-construction sites, unless the site is otherwise exempt under Subsection A(2).
(2) 
A post-construction site that meets any of the criteria in this subsection is exempt from the requirements of this article:
(a) 
One- and two-family residential dwellings that are not part of a larger common plan of development or sale and that result in less than one acre of disturbance.
(b) 
Nonpoint discharges from agricultural activity areas.
(c) 
Nonpoint discharges from silviculture activities.
(3) 
Notwithstanding the applicability requirements in Subsection A(1), this article applies to post-construction sites of any size that, as determined by the City Engineer, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
B. 
Jurisdiction. This article applies to post-construction sites within the boundaries and jurisdiction of the City of Fond du Lac.
C. 
Exclusions. This article is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats.
The following methods shall be used in designing and maintaining the water quality, peak discharge, infiltration, protective area, fueling/vehicle maintenance, and swale treatment components of stormwater practices needed to meet the water quality standards of this article:
A. 
Technical standards identified, developed or disseminated by the DNR under Subchapter V of Ch. NR 151, Wis. Adm. Code.
B. 
Technical standards and guidance identified within the City of Fond du Lac Stormwater Reference Guide.
C. 
Where technical standards have not been identified or developed by the DNR, other technical standards may be used, provided that the methods have been approved by the City Engineer.
D. 
In this article, the following year and location have been selected as average annual rainfall(s): Green Bay 1969 (March 29 to November 25).
A. 
Responsible party. The responsible party shall develop and implement a post-construction stormwater management plan that incorporates the requirements of this section.
B. 
Plan. A written stormwater management plan shall be developed and implemented by the responsible party in accordance with § 325-24. The stormwater management plan shall meet all of the applicable requirements contained in this article.
C. 
Requirements. The stormwater management plan shall meet the following minimum requirements to the maximum extent practicable:
(1) 
Water quality. BMPs shall be designed, installed and maintained to control pollutants carried in runoff from the post-construction site. The design shall be based on the average annual rainfall, as compared to no runoff management controls.
(a) 
For post-construction sites with 20,000 square feet or more of impervious surface disturbance, post-construction sites with one acre or more of land disturbance and sites located within a watershed subject to a TMDL or targeted performance standard, the following is required:
[1] 
Except as provided in Subsection C(1)(a)[2], a pollutant reduction is required as follows:
[Amended 5-25-2022 by Ord. No. 3752]
Total Suspended Solids (TSS) and Total Phosphorus (TP) Reduction
Watershed
New Development
Redevelopment
Routine Maintenance
TSS
TP
TSS
TP
TSS
TP
All
80
60
40
30
40
30
[2] 
A pollutant reduction is not required for routine maintenance areas that are part of a post-construction site with less than five acres of disturbance.
(b) 
For post-construction sites with less than one acre of disturbance, less than 20,000 square feet of impervious surface disturbance, and that are not located within a watershed subject to a TMDL or a targeted performance standard, reduce the pollutant load using BMPs from the City of Fond du Lac Stormwater Reference Guide. These sites are not required to satisfy a numeric performance standard.
(c) 
Sites, including common plan of development sites, with a cumulative addition of 20,000 square feet or greater of impervious surfaces after September 10, 2008 are required to satisfy the performance standards within Subsection C(1)(a)[1] and [2].
(d) 
The amount of total suspended solids control previously required for the site shall not be reduced as a result of the proposed development or disturbance.
(e) 
When designing BMPs, runoff draining to the BMP from off-site areas shall be taken into account in determining the treatment efficiency of the practice. Any impact on the BMP efficiency shall be compensated for by increasing the size of the BMP accordingly. The pollutant load reduction provided by the BMP for an off-site area shall not be used to satisfy the required on-site pollutant load reduction, unless otherwise approved by the City Engineer in accordance with Subsection E.
(f) 
If the design cannot meet the water quality standards of Subsection C(1)(a) to (e), the stormwater management plan shall include a written, site specific explanation of why the water quality performance standard cannot be met and why the pollutant load will be reduced only to the maximum extent practicable. Except as provided in Subsection F, the City Engineer may not require any person to exceed the applicable water quality performance standard to meet the requirements of maximum extent practicable.
(g) 
Exemptions. The water quality performance standards do not apply to the following:
[1] 
The water quality performance standard for a highway reconstruction project first applies January 1, 2017.
[2] 
Agricultural production areas.
(2) 
Peak discharge. BMPs shall be designed, installed and maintained to control peak discharges from the post-construction site, including agricultural production areas, as follows:
(a) 
For post-construction sites with 20,000 square feet or more of impervious surface disturbance or post-construction sites with one acre or more of land disturbance, the following is required:
[1] 
The peak post-development discharge rate shall not exceed the peak predevelopment discharge rate for the one-, two-, five-, ten-, and one-hundred-year, twenty-four-hour design storms. These peak discharge requirements apply to new development and redevelopment areas. No peak discharge control is required for routine maintenance areas, unless runoff from the routine maintenance area discharges into a proposed peak flow control facility.
[2] 
Peak discharges shall be calculated using TR-55 runoff curve number methodology, Atlas 14 precipitation depths, and the NRCS MSE4 precipitation distribution. On a case-by-case basis, the City Engineer may allow the use of TP-40 precipitation depths and the Type II distribution. The meanings of "hydrologic soil group" and "runoff curve number" are as determined in TR-55. Unless the site is currently woodland, peak predevelopment discharge rates shall be determined using runoff curve numbers for a "meadow" vegetative cover. The following runoff curve numbers shall be used:
Maximum Predevelopment Runoff Curve Numbers
Hydrologic Soil Group
Vegetative Cover
A
B
C
D
Meadow
30
58
71
78
Woodland
30
55
70
77
(b) 
For post-construction sites with less than 20,000 square feet of impervious surface disturbance, reduce peak post-development discharge rates using BMPs from the City of Fond du Lac Stormwater Reference Guide. These sites are not required to satisfy a numeric performance standard.
(c) 
Sites with a cumulative addition of 20,000 square feet or greater of impervious surfaces after September 10, 2008, are required to satisfy the performance standards within Subsection C(2)(a)[1] and [2].
(d) 
The amount of peak discharge control previously required for the site shall not be reduced as a result of the proposed development or disturbance.
(e) 
When designing BMPs, runoff draining to the BMP from off-site areas shall be taken into account in determining the performance of the practice. Any impact on the BMP performance shall be compensated for by increasing the size of the BMP accordingly. The peak discharge reduction provided by the BMP for an off-site area shall not be used to satisfy the required on-site peak discharge reduction, unless otherwise approved by the City Engineer in accordance with Subsection E.
(f) 
An adequate outfall shall be provided for each point of concentrated discharge and shall:
[1] 
Consist of nonerosive discharge velocities and reasonable downstream conveyance.
[2] 
Discharge to the municipal separate storm sewer system, waters of the state, or appropriate drainage easement. Sites which are not able to meet this requirement shall diffuse the concentrated discharge within the site boundary using BMPs from the City of Fond du Lac Stormwater Reference Guide or other practices approved by the City Engineer.
[3] 
Contain a means to keep floatable debris within all BMPs.
(g) 
All new development sites shall have a minimum of one foot of vertical separation between the lowest floor surface and the high groundwater level and/or bedrock. Sites which are not able to meet this separation distance shall quantify the anticipated amount of groundwater that will be discharged to the surface or the separate storm sewer. System-wide management of the proposed groundwater discharge shall be required. All BMPs shall be approved by the City Engineer and indicated on the drainage plan.
(h) 
A post-construction site that is within an area indicated in the City of Fond du Lac Stormwater Reference Guide as having a depth to carbonate bedrock of 50 feet or less is required to perform a field verification as outlined in DNR Technical Standard 1002. The stormwater plan shall assess the risk of BMP failure caused by high groundwater levels and shallow bedrock. Remediation or mitigation strategies shall be presented as part of the stormwater plan and approved by the City Engineer.
(i) 
Direct conduits to groundwater shall be identified. An analysis of practical measures to avoid direct discharge to direct conduits to groundwater shall be provided for sites located within the watershed of a direct conduit to groundwater. Eliminate or minimize direct conduits to groundwater using BMPs from the City of Fond du Lac Stormwater Reference Guide.
(j) 
Sites within watersheds known by the City Engineer to experience significant flooding or with separate storm sewer or drainageway capacity restrictions identified in the City of Fond du Lac Stormwater Reference Guide shall meet the peak discharge requirements established in the City of Fond du Lac Stormwater Reference Guide for the site.
(k) 
Exemptions. The peak discharge performance standards of this Subsection C(2) do not apply to the following:
[1] 
A transportation facility where the discharge is directly into a lake over 5,000 acres or a stream or river segment draining more than 500 square miles.
[2] 
Except as provided under Subsection C(2)(d) to (f), a highway reconstruction site.
[3] 
Except as provided under Subsection C(2)(d) to (f), a transportation facility that is part of a redevelopment project.
(3) 
Infiltration. BMPs shall be designed, installed, and maintained to infiltrate runoff from the post-construction site, except as provided in Subsection C(3)(i) through (m):
(a) 
For post-construction sites with 20,000 square feet or more of impervious surface disturbance and post-construction sites with one acre or more of land disturbance, the following is required:
[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) 
Predevelopment condition shall assume "good hydrologic conditions" for appropriate land covers as identified in TR-55 or an equivalent methodology approved by the City Engineer. The meanings of "hydrologic soil group" and "runoff curve number" are as determined in TR-55. The actual predevelopment vegetative cover and the following predevelopment runoff curve numbers shall be used:
Maximum Predevelopment Runoff Curve Numbers
Hydrologic Soil Group
Vegetative Cover
A
B
C
D
Woodland
30
55
70
77
Grassland
39
61
71
78
Cropland
55
69
78
83
(c) 
For post-construction sites with less than 20,000 square feet of new impervious surfaces, infiltrate runoff volume using BMPs from the City of Fond du Lac Stormwater Reference Guide. These sites are not required to satisfy a numeric performance standard.
(d) 
Sites with a cumulative addition of 20,000 square feet or greater of impervious surfaces after September 10, 2008 are required to satisfy the performance standards within Subsection C(3)(a) and (b).
(e) 
The amount of infiltration previously required for the site shall not be reduced as a result of the proposed development or disturbance.
(f) 
Agricultural production areas are encouraged to infiltrate runoff volume using BMPs from the City of Fond du Lac Stormwater Reference Guide. These sites are not required to satisfy a numeric performance standard.
(g) 
When designing BMPs, runoff draining to the BMP from off-site areas shall be taken into account in determining the performance of the practice. Any impact on the BMP performance shall be compensated for by increasing the size of the BMP accordingly. The runoff volume reduction provided by the BMP for an off-site area shall not be used to satisfy the required on-site runoff volume reduction, unless otherwise approved by the City Engineer in accordance with Subsection E.
(h) 
Pretreatment. Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection C(3)(o). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(i) 
Source area prohibitions. Runoff from the following areas may not be infiltrated and may not qualify as contributing to meeting the requirements of Subsection C(3) unless demonstrated to meet the conditions of Subsection C(3)(o).
[1] 
Areas associated with a Tier 1 industrial facility identified in § NR 216.21(2)(a), Wis. Adm. Code, including storage, loading, and parking. Rooftops may be infiltrated with the concurrence of the City Engineer.
[2] 
Storage and loading areas of a Tier 2 industrial facility identified in § NR 216.21(2)(b), Wis. Adm. Code.
[3] 
Fueling and vehicle maintenance areas. Rooftops of fueling and vehicle maintenance areas may be infiltrated with the concurrence of the City Engineer.
[4] 
Untreated runoff from agricultural production areas that contain livestock, animal waste, or feed storage.
(j) 
Source area exemptions. Runoff from the following areas may be credited toward meeting the requirement when infiltrated, but the decision to infiltrate runoff from these sources is optional:
[1] 
Parking areas and access roads less than 5,000 square feet for commercial development.
[2] 
Parking areas and access roads less than 5,000 square feet for industrial development not subject to the prohibitions under Subsection C(3)(i).
[3] 
Except as provided under Subsection C(3)(e), redevelopment and routine maintenance areas.
[4] 
Infill development areas less than five acres.
[5] 
Roads in commercial, industrial and institutional land uses, and arterial residential roads.
[6] 
Except as provided under Subsection C(3)(e), transportation facility highway reconstruction and new highways.
(k) 
Prohibitions. Infiltration practices may not be located in the following areas:
[1] 
Areas within 1,000 feet upgradient or within 100 feet downgradient of direct conduits to groundwater.
[2] 
Areas within 400 feet of a community water system well as specified in § NR 811.16(4), Wis. Adm. Code, or within the separation distances listed in § NR 812.08, Wis. Adm. Code, for any private well or noncommunity well for runoff infiltrated from commercial, including multifamily residential, industrial, and institutional land uses or regional devices for one- and two-family residential development.
[3] 
Areas where contaminants of concern, as defined in § NR 720.03(2), Wis. Adm. Code, are present in the soil through which infiltration will occur.
(l) 
Separation distances.
[1] 
Infiltration practices shall be located so that the characteristics of the soil and the separation distance between the bottom of the infiltration system and the elevation of seasonal high groundwater or the top of bedrock are in accordance with the following:
Separation Distances and Soil Characteristics
Source Area
Separation Distance
Soil Characteristics
Industrial, commercial, institutional parking lots and roads
Five feet or more
Filtering layer
Residential arterial roads
Five feet or more
Filtering layer
Roofs draining to subsurface infiltration practices
One 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
Three feet or more
Filtering layer
[2] 
Notwithstanding Subsection C(1), applicable requirements for injection wells classified under Ch. NR 815, Wis. Adm. Code, shall be followed.
(m) 
Infiltration rate exemptions. Infiltration practices located in the following areas may be credited toward meeting the requirement 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.
(n) 
Alternate uses. Where alternate uses of runoff are employed, such as for toilet flushing, laundry, irrigation, or storage on green roofs where an equivalent portion of the runoff is captured permanently by rooftop vegetation, such alternate use shall be given equal credit toward the infiltration volume required by this Subsection C(3).
(o) 
Groundwater standards.
[1] 
Infiltration systems designed in accordance with this Subsection C(3) shall, to the extent technically and economically feasible, minimize the level of pollutants infiltrating to groundwater and shall maintain compliance with the preventive action limit at a point of standards application in accordance with Ch. NR 140, Wis. Adm. Code. However, if site-specific information indicates that compliance with a preventive action limit is not achievable, the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable.
[2] 
Notwithstanding Subsection C(3)(o)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
(p) 
Where the conditions of Subsection C(3)(i) through (m) limit or restrict the use of infiltration practices, the performance standard of Subsection C(3) shall be met to the maximum extent practicable.
(4) 
Protective areas.
(a) 
"Protective area" means an area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. However, in this subsection, "protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location.
[1] 
For outstanding resource waters and exceptional resource waters, 75 feet.
[2] 
For perennial and intermittent streams identified on a United States Geological Survey 7.5-minute series topographic map, or a county soil survey map, whichever is more current, 50 feet.
[3] 
For lakes, 50 feet.
[4] 
For wetlands not subject to Subsection C(4)(a)[5] or [6], 50 feet.
[5] 
For highly susceptible wetlands, 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 wetlands 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 C(4)(a)[4] to [6] determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in § NR 103.03, Wis. Adm. Code.
[8] 
Wetlands shall be delineated. Wetland boundary delineations shall be made in accordance with § NR 103.08(1m), Wis. Adm. Code. Subsection C(4) does not apply to wetlands that have been completely filled in compliance with all applicable state and federal regulations. The protective area for wetlands that have been partially filled in compliance with all applicable state and federal regulations shall be measured from the wetland boundary delineation after fill has been placed. Where there is a legally authorized wetland fill, the protective area standard need not be met in that location.
[9] 
For concentrated flow channels with drainage areas greater than 130 acres, 10 feet.
[10] 
Notwithstanding Subsection C(4)(a)[1] to [9], the greatest protective area width shall apply where rivers, streams, lakes, and wetlands are contiguous.
(b) 
This Subsection C(4) applies to all post-construction sites located within a protective area, except those areas exempted pursuant to Subsection C(4)(e).
(c) 
The following requirements shall be met:
[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 construction activity occurs within a protective area, adequate sod or self-sustaining vegetative cover of 70% or greater shall be established and maintained where no impervious surface is present. The adequate sod or self-sustaining vegetative cover shall be sufficient to provide for bank stability, maintenance of fish habitat and filtering of pollutants from upslope overland flow areas under sheet flow conditions. Nonvegetative materials, such as rock riprap, may be employed on the bank as necessary to prevent erosion, such as on steep slopes or where high velocity flows occur.
[3] 
Best management practices, such as filter strips, swales, or wet detention ponds, that are designed to control pollutants from nonpoint sources may be located in the protective area.
(d) 
A protective area established or created after September 10, 2008, shall not be eliminated or reduced, except as allowed in Subsection C(4)(e)[2], [3] or [4].
(e) 
Exemptions. The following areas are not required to meet the protective area requirements of Subsection C(4):
[1] 
Redevelopment and routine maintenance areas provided the minimum requirements in Subsection C(4)(d) are satisfied.
[2] 
Structures that cross or access surface waters, such as boat landings, bridges and culverts.
[3] 
Structures constructed in accordance with § 59.692(1v), Wis. Stats.
[4] 
Areas of post-construction sites from which the runoff does not enter the surface water, including wetlands, without first being treated by a BMP to meet the requirements of Subsection C(1) and (2), 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, so that the runoff that enters waters of the state contains no visible petroleum sheen, or to the maximum extent practicable.
(6) 
Swale treatment for transportation facilities. This subsection is not applicable to transportation facilities that are part of a larger common plan of development or sale.
(a) 
Requirement. Except as provided in Subsection C(6)(b), transportation facilities that use swales for runoff conveyance and pollutant removal are exempt from the requirements of Subsections C(1), C(2) and C(3), if the swales are designed to do all of the following or to the maximum extent practicable:
[1] 
Swales shall be vegetated. However, where appropriate, nonvegetative measures may be employed to prevent erosion or provide for runoff treatment, such as rock riprap stabilization or check dams.
[2] 
Swales shall comply with the DNR Technical Standard 1005, "Vegetated Swale."
[Amended 5-25-2022 by Ord. No. 3752]
(b) 
Other requirements.
[1] 
Notwithstanding Subsection C(6)(a), the City Engineer may, consistent with water quality standards, require that other requirements, in addition to swale treatment, be met on a transportation facility with an average daily traffic rate of vehicles greater than 2,500 and where the initial surface water of the state that the runoff directly enters is any of the following:
[a] 
An outstanding resource water.
[b] 
An exceptional resource water.
[c] 
Waters listed in Section 303(d) of the federal Clean Water Act that are identified as impaired, in whole or in part, due to nonpoint source impacts.
[d] 
Waters where targeted performance standards are developed pursuant to § NR 151.004, Wis. Adm. Code.
[2] 
The transportation facility authority shall contact the City Engineer to determine if additional BMPs beyond a water quality swale are needed under this subsection.
(7) 
Exemptions. The following areas are not required to meet the performance standards within this Subsection C:
(a) 
Underground utility construction such as water, sewer, gas, electric, telephone, cable television, and fiber optic lines. This exemption does not apply to the construction of any aboveground structures associated with utility construction.
(b) 
The following transportation facilities are exempt, provided the transportation facility is not part of a larger common plan of development or sale:
[1] 
A transportation facility post-construction site with less than 10% connected imperviousness, based on the area of land disturbance, provided that the cumulative area of all impervious surfaces is less than one acre. Notwithstanding this exemption, the protective area requirements of Subsection C(4) still apply.
[2] 
Reconditioning or resurfacing of a highway.
[3] 
Minor reconstruction of a highway. Notwithstanding this exemption, the protective area requirements of Subsection C(4) apply to minor reconstruction of a highway.
[4] 
Routine maintenance for transportation facilities that have less than five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
[5] 
Routine maintenance if performed for stormwater conveyance system cleaning.
D. 
General considerations for on-site and off-site stormwater management measures. The following considerations shall be observed in managing runoff:
(1) 
Natural topography and land cover features such as natural swales, natural depressions, native soil infiltrating capacity, and natural groundwater recharge areas shall be preserved and used, to the extent possible, to meet the requirements of this section.
(2) 
Emergency overland flow for all stormwater facilities shall be provided to prevent exceeding the safe capacity of downstream drainage facilities and prevent endangerment of downstream property or public safety.
E. 
BMP location and credit.
(1) 
General. To comply with Subsection C performance standards, the BMPs may be located on site or off site as part of a regional stormwater device, practice or system and shall be installed and operational before the construction site has undergone final stabilization.
(2) 
Off-site or regional BMP.
(a) 
The amount of credit that the City Engineer may give an off-site or regional BMP for purposes of determining compliance with the performance standards of Subsection C is limited to the treatment capability or performance of the BMP.
(b) 
The City Engineer may authorize credit for an off-site or regional BMP provided all of the following conditions are satisfied:
[1] 
The City Engineer determines that the post-construction runoff is covered by a stormwater management system plan that is approved by the City of Fond du Lac and that contains stormwater management requirements consistent with the purpose and intent of this article.
[2] 
The BMP received all applicable permits.
[3] 
The BMP shall be designed and adequately sized to provide a level of stormwater control equal to or greater than that which would be afforded by on-site BMPs meeting the Subsection C performance standards.
[4] 
The owner of the BMP has entered into a § 325-25 maintenance agreement with the City of Fond du Lac, or another municipal entity, such that the BMP has a legally obligated entity responsible for its long-term operation and maintenance. Legal authority exists if a municipality owns, operates and maintains the BMP.
[5] 
The BMP has passed a final inspection in accordance with § 325-23D(4). The City Engineer may waive this requirement for BMPs for which construction has not been completed at the time of permit application.
[6] 
The owner of the BMP has provided written authorization which indicates the permit applicant may use the BMP for Subsection C performance standard compliance.
[7] 
Where an off-site or regional BMP option exists such that the City Engineer exempts the applicant from all or part of the minimum on-site stormwater management requirements, the applicant shall be required to pay a fee in an amount determined in negotiation with the City Engineer. In determining the fee for post-construction runoff, the City Engineer may consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of the off-site or regional BMP.
(3) 
BMPs in non-navigable waters. For purposes of determining compliance with the performance standards of Subsection C, the City Engineer may give credit for BMPs that function to provide treatment for runoff from existing development and post-construction runoff from new development, redevelopment, and routine maintenance areas and that are located within non-navigable waters.
(4) 
BMPs in navigable waters.
(a) 
New development runoff. Except as allowed under Subsection E(4)(b), BMPs designed to treat post-construction runoff from new development areas may not be located in navigable waters and, for purposes of determining compliance with the performance standards of Subsection C, the City Engineer may not give credit for such BMPs.
(b) 
New development runoff exemption. BMPs to treat post-construction runoff from new development areas may be located within navigable waters and may be creditable by the City Engineer under Subsection C, if all the following are met:
[1] 
The BMP was constructed prior to October 1, 2002, and received all applicable permits.
[2] 
The BMP functions or will function to provide runoff treatment for the new development area.
(c) 
Existing development and post-construction runoff from redevelopment, routine maintenance, and infill development areas. Except as provided in Subsection E(4)(d), BMPs designed to treat post-construction runoff for existing development and post-construction runoff from redevelopment, routine maintenance and infill development areas may not be located in navigable waters, and, for purposes of determining compliance with the performance standards of Subsection C, the City Engineer may not give credit for such BMPs.
(d) 
Existing development and post-construction runoff from redevelopment, routine maintenance, and infill development areas exemption. BMPs that function to provide treatment of runoff from existing development and post-construction runoff from redevelopment, routine maintenance and infill development areas may be located within navigable waters and, for purposes of determining compliance with the performance standards of Subsection C, the City Engineer may give credit for such BMPs, if any of the following are met:
[1] 
The BMP was constructed, contracts were signed or bids advertised and all applicable permits were received prior to January 1, 2011.
[2] 
The BMP is on an intermittent waterway and all applicable permits are received.
(5) 
Fee in lieu of on-site stormwater management practices. Where the City Engineer exempts the applicant from all or part of the minimum on-site stormwater management requirements of this article, the applicant shall be required to pay a fee in an amount determined in negotiation with the City Engineer. No exemption shall allow a site to meet requirements less stringent than those requirements promulgated in rules by the DNR under Ch. NR 151, Wis. Adm. Code.
(6) 
Water quality trading. To comply with Subsection C(1) performance standards, the City Engineer may authorize credit for water quality trading provided all of the following conditions are satisfied:
(a) 
The treatment practices associated with a water quality trade shall be in place, effective and operational before credit can be authorized.
(b) 
The water quality trade shall comply with applicable trading ratios established by the DNR or the City of Fond du Lac.
(c) 
The water quality trade shall comply with applicable regulations, standards, and guidance developed by the DNR or the City of Fond du Lac.
(d) 
The responsible party shall furnish a copy of executed water quality trading agreements or other related information deemed necessary by the City Engineer in order to authorize credit.
F. 
Targeted performance standards. The City Engineer may establish numeric water quality requirements that are more stringent than those set forth in Subsection C in order to meet targeted performance standards, total maximum daily loads, and/or water quality standards for a specific water body or area. The numeric water quality requirements may be applicable to any permitted site, regardless of the size of land-disturbing construction activity.
G. 
Alternate requirements. The City Engineer may establish stormwater management requirements more stringent than those set forth in this section if the City Engineer determines that the requirements are needed to control stormwater quantity or flooding, comply with total maximum daily load requirements, or control pollutants associated with existing development or redevelopment. Also, the City Engineer may establish stormwater management requirements less stringent than those set forth in this section if the City Engineer determines that less protection is needed to protect sensitive resources and provide reasonable flood protection. However, the alternative requirements shall not be less stringent than those requirements promulgated in rules by the DNR under Ch. NR 151, Wis. Adm. Code.
A. 
Permit required. No responsible party may undertake a land-disturbing construction activity without receiving a post-construction runoff permit from the City Engineer prior to commencing the proposed activity.
B. 
Permit application and fees. Unless specifically excluded by this article, any responsible party desiring a permit shall submit to the City Engineer a permit application made on a form provided by the City Engineer for that purpose.
(1) 
Unless otherwise excepted by this article, a permit application must be accompanied by a stormwater management plan, a maintenance agreement and a nonrefundable permit administration fee.
(2) 
The stormwater management plan shall be prepared to meet the requirements of §§ 325-22 and 325-24, the maintenance agreement shall be prepared to meet the requirements of § 325-25, the financial guarantee shall meet the requirements of § 325-26, and fees shall be those established by the City Council as set forth in § 325-5.
C. 
Review and approval of permit application. The City Engineer shall review any permit application that is submitted with a stormwater management plan, maintenance agreement, and the required fee. The following approval procedure shall be used:
(1) 
Within 20 business days of the receipt of a complete permit application, including all items as required by Subsection B, the City Engineer shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this article.
(2) 
If the stormwater permit application, plan and maintenance agreement are approved, or if an agreed upon payment of fees in lieu of stormwater management practices is made pursuant to § 325-22E(2)(b)[7] or § 325-22E(5), the City Engineer shall issue the permit.
(3) 
If the stormwater permit application, stormwater management plan or maintenance agreement is disapproved, the City Engineer will detail in writing the reasons for disapproval.
(4) 
The City Engineer may request additional information from the applicant. If additional information is submitted, the City Engineer shall have an additional 20 business days from the date the additional information is received to inform the applicant that the plan and maintenance agreement are either approved or disapproved.
(5) 
Failure by the City Engineer to inform the permit applicant of a decision within 20 business days of receipt of the complete post-construction runoff permit application will be deemed to mean approval of the submittal and the applicant may proceed as if the permit had been issued.
[Added 5-25-2022 by Ord. No. 3752]
D. 
Permit requirements. All permits issued under this article shall be subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions. The City Engineer may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the City Engineer to suspend or revoke this permit may be appealed in accordance with § 325-6.
(1) 
Compliance with this permit does not relieve the responsible party of the responsibility to comply with other applicable federal, state, and local laws and regulations.
(2) 
The responsible party shall design and install all structural and nonstructural stormwater management measures in accordance with the approved stormwater management plan and this permit.
(3) 
The responsible party shall notify the City Engineer at least 10 business days before commencing any work in conjunction with the stormwater management plan, and within 10 business days upon completion of the stormwater management practices. If required as a special condition under Subsection E, the responsible party shall make additional notification according to a schedule set forth by the City Engineer so that practice installations can be inspected during construction.
(4) 
Practice installations required as part of this article shall be certified as built by a licensed professional engineer. Completed stormwater management practices must pass a final inspection by the City Engineer to determine if they are in accordance with the approved stormwater management plan and this article. The City Engineer shall notify the responsible party, in writing, of any changes required in such practices to bring them into compliance with the conditions of this permit.
(5) 
The responsible party shall notify the City Engineer of any significant modifications it intends to make to an approved stormwater management plan. The City Engineer may require that the proposed modifications be submitted to him for approval prior to incorporation into the stormwater management plan and execution by the responsible party.
(6) 
The responsible party shall maintain all stormwater management practices in accordance with the stormwater management plan until the practices either become the responsibility of the City of Fond du Lac or are transferred to subsequent private owners as specified in the approved maintenance agreement.
(7) 
The responsible party authorizes the City Engineer to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan and consents to a special assessment or charge against the property as authorized under Subchapter VII of Ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 325-26.
(8) 
If so directed by the City Engineer, the responsible party shall repair at the responsible party's own expense all damage to adjoining municipal facilities and drainageways caused by runoff, where such damage is caused by activities that are not in compliance with the approved stormwater management plan.
(9) 
The responsible party shall permit property access to the City Engineer for the purpose of inspecting the property for compliance with the approved stormwater management plan and this permit.
(10) 
Where site development or redevelopment involves changes in direction or increases in peak rate and/or total volume of runoff from a site, the City Engineer may require the responsible party to make appropriate legal arrangements with affected property owners concerning the prevention of endangerment to property or public safety.
(11) 
The responsible party is subject to the enforcement actions and penalties detailed in § 325-27, if the responsible party fails to comply with the terms of this permit.
(12) 
The permit applicant shall post the certificate of permit coverage in a conspicuous location at the construction site.
(13) 
The responsible party for any sites which are required to install and maintain a BMP or have a maintenance agreement shall submit an annual report to the City Engineer reviewing the condition of the BMP and any maintenance performed during the reporting period in accordance with the requirements established in the City of Fond du Lac Stormwater Reference Guide.
E. 
Permit conditions. Permits issued under this section may include conditions established by the City Engineer in addition to the requirements needed to meet the performance standards in § 325-22 or a financial guarantee as provided for in § 325-26.
F. 
Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the City Engineer notifies the responsible party that all stormwater management practices have passed the final inspection required under Subsection D(4).
G. 
Alternate requirements. The City Engineer may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 325-22E or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.
A. 
Plan requirements. The stormwater management plan required under §§ 325-22B and 325-23B shall comply with the City of Fond du Lac Stormwater Reference Guide and contain at a minimum the following information:
(1) 
Name, address, and telephone number of the owner and responsible parties.
(2) 
A legal description of the property proposed to be developed.
(3) 
Predevelopment site map with property lines, disturbed limits, and drainage patterns.
(4) 
Post-development site map with property lines, disturbed limits, and drainage patterns.
(a) 
Total area of disturbed impervious surfaces within the site.
(b) 
Total area of new impervious surfaces within the site.
(c) 
Performance standards applicable to site.
(d) 
Proposed best management practices.
(e) 
Groundwater, bedrock, and soil limitations.
(f) 
Separation distances. Stormwater management practices shall be adequately separated from wells to prevent contamination of drinking water.
(5) 
A maintenance plan developed for the life of each stormwater management practice including required maintenance activities and maintenance activity schedule.
B. 
Alternate requirements. The City Engineer may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 325-22E or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.
A. 
Maintenance agreement required. The maintenance agreement required under § 325-23B for stormwater management practices shall be an agreement between the City of Fond du Lac and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.
B. 
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required in § 325-24A(5):
(1) 
Identification of the stormwater facilities.
(2) 
A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under § 325-23B.
(3) 
Identification of the responsible party, organization or city, county, town or village responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan required under § 325-23B.
(4) 
Requirement that the responsible party, organization, or city, county, town or village shall maintain stormwater management practices in accordance with the schedule included in Subsection B(2).
(5) 
Authorization for the City Engineer to access the property to conduct inspections of stormwater management practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement.
(6) 
A requirement on the City Engineer to maintain public records of the results of the site inspections, to inform the responsible party responsible for maintenance of the inspection results, and to specifically indicate any corrective actions required to bring the stormwater management practice into proper working condition.
(7) 
Agreement that the party designated under Subsection B(3) as responsible for long-term maintenance of the stormwater management practices shall be notified by the City Engineer of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the City Engineer.
(8) 
Authorization of the City Engineer to perform the corrected actions identified in the inspection report if the responsible party designated under Subsection B(3) does not make the required corrections in the specified time period. The City Clerk will enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subchapter VII of Ch. 66, Wis. Stats.
[Amended 9-11-2019 by Ord. No. 3697]
C. 
Alternate requirements. The City Engineer may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 325-22E or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.
A. 
Establishment of the guarantee. The City Engineer may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the City Engineer. The financial guarantee shall be in an amount determined by the City Engineer to be the estimated cost of construction and the estimated cost of maintenance of the stormwater management practices during the period which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the City Engineer the authorization to use the funds to complete the stormwater management practices if the responsible party defaults or does not properly implement the approved stormwater management plan, upon written notice to the responsible party by the City Engineer that the requirements of this article have not been met.
B. 
Conditions for release. Conditions for the release of the financial guarantee are as follows:
(1) 
The City Engineer will release the portion of the financial guarantee established under this section, less any costs incurred by the City Engineer to complete installation of practices, upon submission of as-built plans by a licensed professional engineer. The City Engineer may make provisions for a partial prorata release of the financial guarantee based on the completion of various development stages.
(2) 
The City Engineer will release the portion of the financial guarantee established under this section to assure maintenance of stormwater practices, less any costs incurred by the City Engineer, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement.
C. 
Alternate requirements. The City Engineer may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 325-22E or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.
A. 
Any land-disturbing construction activity or post-construction runoff initiated after the effective date of this article by any person, firm, association, or corporation subject to the provisions of this article shall be deemed a violation unless conducted in accordance with the requirements of this article.
B. 
The City Engineer will notify the responsible party by certified mail of any noncomplying land-disturbing construction activity or post-construction runoff. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action which may be taken.
C. 
Upon receipt of written notification from the City Engineer under Subsection B, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the City Engineer in the notice.
D. 
If the violations to a permit issued pursuant to this article are likely to result in damage to properties, public facilities, or waters of the state, the City Engineer may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the City Engineer plus interest and legal costs shall be billed to the responsible party.
E. 
The City Engineer is authorized to post a stop-work order on all land-disturbing construction activity that is in violation of this article, or to request the City Attorney to obtain a cease and desist order in any court with jurisdiction.
F. 
The City Engineer may revoke a permit issued under this article for noncompliance with provisions of this article.
G. 
Any permit revocation, stop-work order, or cease and desist order shall remain in effect unless retracted by the City Engineer or by a court with jurisdiction.
H. 
The City Engineer is authorized to refer any violation of this article, or of a stop-work order or cease and desist order issued pursuant to this article, to the City Attorney for the commencement of further legal proceedings in any court with jurisdiction.
I. 
Any person, firm, association, or corporation who does not comply with the provisions of this article shall be subject to a penalty as provided in § 1-4 of this Code and the costs of prosecution for each violation. Each day that the violation exists shall constitute a separate offense.
J. 
Compliance with the provisions of this article may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings.
K. 
When the City Engineer determines that the holder of a permit issued pursuant to this article has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the City Engineer or a party designated by the City Engineer may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved stormwater management plan. The City Engineer will keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial guarantee posted pursuant to § 325-26 of this article. Where such a financial guarantee has not been established, or where such a financial guarantee is insufficient to cover these costs, the costs and expenses shall be entered by the City Clerk on the tax roll as a special charge against the property and collected with any other taxes levied thereon.
[Amended 9-11-2019 by Ord. No. 3697]