[Amended 9-2-2008 by Ord. No. 688; 10-7-2014 by Ord. No. 751; 12-7-2016 by Ord. No. 774]
The intent of this article is to reduce the amount of post-construction
stormwater and associated pollutants reaching waters of the state.
This article is designed to foster the consistent statewide application
of post-construction performance standards for new development and
redevelopment contained in Subchapters III and IV of Chapter NR 151,
Wis. Adm. Code.
A.
This article is adopted under the authority granted by § 61.354,
Wis. Stats. This article supersedes all provisions of an ordinance
previously enacted under § 61.35, Wis. Stats., that relate
to stormwater management regulations. Except as otherwise specified
in § 61.354, Wis. Stats., § 61.35, 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 Village Board.
C.
The Village Board hereby designates the Public Works Superintendent
or his/her designee to administer and enforce the provisions of this
article.
D.
The requirements of this article do not preempt more stringent stormwater
management requirements that may be imposed by any of the following:
(1)
Wisconsin Department of Natural Resources administrative rules,
permits or approvals including those authorized under §§ 281.16
and 283.33, Wis. Stats.
(2)
Targeted nonagricultural performance standards promulgated in
rules by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
The Village Board finds that uncontrolled, post-construction
runoff has a significant impact upon water resources and the health,
safety and general welfare of the community and diminishes the public
enjoyment and use of natural resources. Specifically, uncontrolled
post-construction runoff can:
A.
Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
B.
Diminish the capacity of lakes and streams to support fish, aquatic
life, recreational and water supply uses by increasing pollutant loading
of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
C.
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads.
D.
Reduce the quality of groundwater by increasing pollutant loading.
E.
Threaten public health, safety, property and general welfare by overtaxing
storm sewers, drainageways, and other minor drainage facilities.
F.
Threaten public health, safety, property and general welfare by increasing
major flood peaks and volumes.
G.
Undermine floodplain management efforts by increasing the incidence
and levels of flooding.
A.
Purpose. The general purpose of this article is to establish long-term,
post-construction runoff management requirements that will diminish
the threats to public health, safety, welfare and the aquatic environment.
Specific purposes are to:
(1)
Further the maintenance of safe and healthful conditions.
(2)
Prevent and control the adverse effects of stormwater; prevent
and control soil erosion; prevent and control water pollution; protect
spawning grounds, fish and aquatic life; control building sites, placement
of structures and land uses; preserve ground cover and scenic beauty;
and promote sound economic growth.
(3)
Control exceedance of the safe capacity of existing drainage
facilities and receiving water bodies; prevent undue channel erosion;
control increases in the scouring and transportation of particulate
matter; and prevent conditions that endanger downstream property.
(4)
Minimize the amount of pollutants discharged from the separate
storm sewer to protect the waters of the state.
B.
Intent. It is the intent of the Village Board that this article regulates
post-construction stormwater discharges to waters of the state. This
article may be applied on a site-by-site basis. The Village Board
recognizes, however, that the preferred method of achieving the stormwater
performance standards set forth in this article is through the preparation
and implementation of comprehensive, systems-level stormwater management
plans that cover hydrologic units, such as watersheds, on a municipal
and regional scale. Such plans may prescribe regional stormwater devices,
practices or systems, any of which may be designed to treat runoff
from more than one site prior to discharge to waters of the state.
Where such plans are in conformance with the performance standards
developed under § 281.16, Wis. Stats., for regional stormwater
management measures and have been approved by the Village Board, it
is the intent of this article that the approved plan be used to identify
post-construction management measures acceptable for the community.
A.
Applicability.
(1)
This article applies to a post-construction site which has one acre or more of land-disturbing construction activity, unless the site is otherwise exempt under Subsection A(2).
(2)
A site that meets any of the criteria in this subsection is
exempt from the requirements of this article.
(a)
A post-construction site with less than 10% connected imperviousness
based on complete development of the post-construction site, provided
that the cumulative area of all parking lots and rooftops is less
than one acre. However, the exemption of this subsection does not
include exemption from the protective area standard of this article.
(b)
Nonpoint discharges from agricultural facilities and practices.
(c)
Nonpoint discharges from silviculture activities.
(d)
Routine maintenance for project sites under five acres of land
disturbance if performed to maintain the original line and grade,
hydraulic capacity or original purpose of the facility.
(e)
Underground utility construction such as water, sewer and fiberoptic
lines. This exemption does not apply to the construction of any aboveground
structures associated with utility construction.
(f)
The requirements of this article do not preempt more stringent
stormwater management requirements that may be imposed by any of the
following:
[1]
Wisconsin Department of Natural Resources administrative
rules, permits or approvals including those authorized under § 288.16,
Wis. Stats., for nonpoint sources, and § 283.33, Wis. Stats.
for stormwater discharge.
[2]
Targeted nonagricultural performance standards
promulgated in rules by the Wisconsin Department of Natural Resources
under § NR 151.004 Wis. Adm. Code.
(3)
Notwithstanding the applicability requirements in Subsection A(1), this article applies to post-construction sites of any size that, in the opinion of the Public Works Superintendent or his/her designee, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that cause undue channel erosion, that increase water pollution by scouring or the transportation of particulate matter or that endanger property or public safety.
B.
Jurisdiction. This article applies to post-construction sites within
the boundaries and jurisdiction of the Village of Saukville. This
article also applies to select sites (as determined by the Village
of Saukville) located within the extraterritorial plat approval jurisdiction
of the Village of Saukville, even if plat approval is not involved.
C.
Exclusions. This article is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.,
but also including the office of district attorney, which is subject
to the state plan promulgated or a memorandum of understanding entered
into under § 281.33(2), Wis. Stats.
As used in this chapter, the following terms shall 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.
A governmental employee, or a regional planning commission
empowered under § 61.354, Wis. Stats., that is designated
by the Village Board to administer this article.
Has the meaning given in § 281.16, Wis. Stats.
The National Oceanic and Atmospheric Administration (NOAA)
Atlas 14 Precipitation-Frequency Atlas of the United States, Volume
8 (Midwestern States), published in 2013.
A typical calendar year of precipitation, as determined by
the Wisconsin Department of Natural Resources for users of models
such as WinSLAMM, P8 or equivalent methodology. The average annual
rainfall is chosen from a department publication for the location
closest to the Village of Saukville.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or pollutants carried
in runoff to waters of the state.
A day the Village Hall 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 Public Works Superintendent or
his/her designee.
A system for conveying both sanitary sewage and stormwater
runoff.
An impervious surface connected to the waters of the state
via a separate storm sewer, an impervious flow path, or a minimally
pervious flow path.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
The aggregate total footprint of residential, commercial,
industrial or institutional land uses including parking lots, roads
and driveways and other constructed noninfiltrative surfaces.
Wells, sinkholes, swallets, fractured bedrock at the surface,
mine shafts, non-metallic mines, tile inlets discharging to groundwater,
quarries, or depressional groundwater recharge areas over shallow
fractured bedrock.
The creation from one or more parcels or building sites of
five or fewer acres each in area where such creation occurs at one
time or through the successive partition within a five-year period.
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
The process by which the land's surface is worn away by the
action of wind, water, ice or gravity.
Waters listed in § NR 102.11, Wis. Adm. Code.
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.
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 regulatory authority for the site.
That all land-disturbing construction activities at the construction
site have been completed and that a uniform, perennial, vegetative
cover has been established, with a density of at least 70% of the
cover for the unpaved areas and areas not covered by permanent structures,
or employment of equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the Village of
Saukville by the responsible party to assure that requirements of
this article are carried out in compliance with the stormwater management
plan.
The Village Board of Trustees.
An area that releases as runoff all or a large portion of
the precipitation that falls on it, except for frozen soil. Rooftops,
sidewalks, driveways, parking lots and streets are examples of areas
that typically are impervious.
An undeveloped area of land located within an existing urban
sewer system area, surrounded by development or natural or man-made
features where development cannot occur.
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.
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater,
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. Land-disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
Any person holding fee title, an easement or other interest
in property, which allows the person to undertake cropping, livestock
management, land-disturbing construction activity or maintenance of
stormwater BMPs on the property.
A legal document that provides for long-term maintenance
of stormwater management practices.
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this article as determined in accordance with § 205-119.4.1 of this article.
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
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.
Is defined in § NR 115.03(6), Wis. Adm. Code, as
the point on the bank or shore up to which the presence and action
of surface water is so continuous as to leave a distinctive mark such
as by erosion, destruction or prevention of terrestrial vegetation,
predominance of aquatic vegetation, or other easily recognized characteristic.
Where the bank or shore at any particular place is of such character
that it is difficult or impossible to ascertain where the point of
ordinary high-water mark is, recourse may be had to the opposite bank
of a stream or to other places on the shore of a lake or flowage to
determine whether a given stage of water is above or below the ordinary
high-water mark.
Waters listed in § NR 102.10, Wis. Adm. Code.
The percentage of a given sample of soil, which passes through
a No. 200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Public Works Superintendent
or his/her designee 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 Village of Saukville by the permit
applicant for the purpose of recouping the expenses incurred by the
authority in administering the permit.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
A construction site following the completion of land-disturbing
construction activity and final site stabilization.
The extent and distribution of land cover types present before
the initiation of land-disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
Has the meaning given in § NR 140.05(17), Wis.
Adm. Code.
An area of land that commences at the top of the channel
of lakes, streams and rivers, or at the delineated boundary of wetlands,
measured as outlined in this article.
Areas where development is replacing older development.
Any entity holding fee title to the property or other person
contracted or obligated by other agreement to implement and maintain
post-construction stormwater BMPs.
Stormwater or precipitation including rain, snow or ice melt
or similar water that moves on the land surface via sheet or channelized
flow.
A conveyance or system of conveyances including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria:
Activities including tree nursery operations, tree harvesting
operations, reforestation, tree thinning, prescribed burning, and
pest and fire control. Clearing and grubbing of an area of a construction
site is not a silviculture activity.
The entire area included in the legal description of the
land on which the land-disturbing construction activity occurred.
An order issued by the Public Works Superintendent or his/her
designee which requires that all construction activity on the site
be stopped.
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has undergone final stabilization
following completion of the construction activity.
Is a comprehensive plan designed to reduce the discharge
of runoff and pollutants from hydrologic units on a regional or municipal
scale.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
An edge, or point on the landscape, landward from the ordinary
high-water mark of a surface water of the state, where the slope of
the land begins to be less than 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the initial
50 feet, landward from the ordinary high-water mark, the top of the
channel is the ordinary high-water mark.
The 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.
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.
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 Department pursuant to § 281.33,
Wis. Stats.
Total suspended solids.
A rainfall type curve as established in the "United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149," published 1973.
Includes those portions of Lake Michigan and Lake Superior
within the boundaries of this state, and all lakes, bays, rivers,
streams, springs, ponds, wells, impounding reservoirs, marshes, drainage
systems and other surface water or groundwater, natural or artificial,
public or private, with this state or its jurisdiction.
Maximum extent practicable (MEP) applies when a person who is
subject to a performance standard of this article demonstrates to
the Public Works Superintendent or his/her designee'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
responsible party 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.
The following methods shall be used in designing the water quality,
peak flow shaving and infiltration components of stormwater practices
needed to meet the water quality standards of this article:
A.
Technical standards identified, developed or disseminated by the
Wisconsin Department of Natural Resources under Subchapter V of Chapter
NR 151, Wis. Adm. Code.
B.
Where technical standards have not been identified or developed by
the Wisconsin Department of Natural Resources, other technical standards
may be used provided that the methods have been approved by the Public
Works Superintendent or his/her designee.
C.
In this article, the following year and location has been selected
as average annual rainfall for water quality modeling purposes: Milwaukee,
1969 (March 28 through December 6).
A.
Responsible party. The responsible party shall implement a post-construction
stormwater management plan that incorporates the requirements of this
section.
B.
Stormwater management plan. A written stormwater management plan in accordance with § 205-119.8 shall be developed and implemented for each post-construction site.
C.
Maintenance of effort. For redevelopment sites where the redevelopment
will be replacing older development that was subject to post-construction
performance standards of Ch. NR 151 Wis. Adm. Code, in effect on or
after October 1, 2004, the responsible party shall meet the total
suspended solids reduction, peak flow control, infiltration, and protective
areas standards applicable to the older development or meet the redevelopment
standards of this article, whichever is more stringent.
D.
Requirements. The stormwater management plan required under Subsection B shall include the following:
(1)
Pollutant loadings. BMPs shall be designed, installed and maintained
to control pollutants carried in runoff from the post-construction
site as follows:
(a)
BMPs shall be designed in accordance with Table 1 or to the maximum extent practicable as provided in Subsection D(1)(b). The design shall be based on an average annual rainfall, as compared to no runoff management controls.
|
Table 1: Pollutant Reduction Standards
| |||
|---|---|---|---|
|
Development Type
|
TSS Reduction
|
Phosphorus Reduction
| |
|
New development
|
80%
|
0%*
| |
|
In-fill development
|
80%
|
0%*
| |
|
Redevelopment
|
40% of load from parking areas and roads
|
0%*
| |
|
NOTES:
| ||
|
*
|
Phosphorus loadings and reductions should be provided in the
applicant's stormwater plan, but are not regulated at this time.
| |
(b)
Maximum extent practicable. If the design cannot meet a pollutant
reduction performance standard of Table 1, the stormwater management
plan shall include a written, site-specific explanation of why the
performance standard cannot be met and why the pollutant loads will
be reduced only to the maximum extent practicable.
(c)
Off-site drainage. When designing BMPs, runoff draining to the
BMP from off-site shall be taken into account in determining the treatment
efficiency of the practice. Any impact on the efficiency shall be
compensated for by increasing the site of the BMP accordingly.
(2)
Peak discharge.
(a)
By design, BMPs shall be employed to maintain or reduce the
peak post-development runoff discharge rates, to the maximum extent
practicable, as compared to predevelopment conditions for the one-year,
two-year, ten-year and one-hundred-year, twenty-four-hour design storms.
The runoff curve numbers in Table 2 shall be used to represent the
actual predevelopment conditions. Peak discharges shall be calculated
using TR-55 methodology, Atlas 14 precipitation depths, and the appropriate
NRCS Wisconsin MSE3 precipitation distribution. On a case-by-case
basis, the Public Works Superintendent or his/her designee may allow
the use of TP-40 precipitation depths and the Type II distribution.
|
Table 2: Maximum Predevelopment Runoff Curve Numbers
| |||||
|---|---|---|---|---|---|
|
Land Use
|
Hydrologic Soil Group
| ||||
|
A
|
B
|
C
|
D
| ||
|
Woodland
|
30
|
55
|
70
|
77
| |
|
Grassland
|
39
|
61
|
71
|
78
| |
|
Cropland
|
55
|
69
|
78
|
83
| |
(3)
Infiltration.
(a)
BMPs shall be designed, installed and maintained to infiltrate
runoff in accordance with the performance standards in Table 3, below,
or to the maximum extent possible:
|
Table 3: Post-Development Infiltration Performance Standards
| ||||
|---|---|---|---|---|
|
Percent Connected Impervious Surface
|
Description/ Example Land Uses
|
Post-Development Infiltration Volume
|
Maximum Effective Infiltration Area
| |
|
Up to 40%
|
Description: Low imperviousness
Example land uses: low-density residential, parks, cemeteries
|
90% of predevelopment infiltration volume
|
1% of site
| |
|
>40% up to 80%
|
Description: Medium imperviousness
Example land uses: medium- and high-density residential, multifamily
residential, industrial, institutional, office park
|
75% of predevelopment infiltration volume
|
2% of site
| |
|
>80%
|
Description: High imperviousness
Example land uses: commercial strip malls, shopping centers,
commercial downtowns
|
60% of predevelopment infiltration volume
|
2% of site
| |
(c)
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 D(3)(i). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(d)
Exclusions. The runoff from the following areas may not be infiltrated and do not qualify as contributing to meeting the requirements of this section unless demonstrated to meet the conditions of Subsection D(3)(i):
[1]
Areas associated with Tier 1 industrial facilities
identified in § NR 216.21(2)(a), Wis. Adm. Code, including
storage, loading, and parking. Rooftops may be infiltrated with the
concurrence of the Public Works Superintendent or his/her designee.
[2]
Storage and loading areas of Tier 2 industrial
facilities identified in § NR 216.21(2)(b), Wis. Adm. Code.
[3]
Fueling and vehicle maintenance areas.
(e)
Location of practices. 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 811.12(5)(d)6, Wis. Adm. Code,
or within the separation distances listed in § NR 812.08
for any private 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.
(f)
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 Table
4:
|
Table 4. Separation Distances and Soil Characteristics
| |||
|---|---|---|---|
|
Source Area
|
Separation Distance
|
Soil Characteristics
| |
|
Industrial, commercial, institutional parking lots and roads
|
5 feet or more
|
Filtering layer
| |
|
Residential arterial roads
|
5 feet or more
|
Filtering layer
| |
|
Roofs draining to subsurface infiltration practices
|
1 foot or more
|
Native or engineered soil with particles finer than coarse sand
| |
|
Roofs draining to surface infiltration practices
|
Not applicable
|
Not applicable
| |
|
All other impervious source areas
|
3 feet or more
|
Filtering layer
| |
(g)
Exemptions. Runoff from the following areas may be credited
towards meeting the requirements when infiltrated, but the decision
to infiltrate under these conditions is optional:
[1]
Areas where the infiltration rate of the soil measured
at the proposed bottom of the infiltration system is less than 0.6
inch/hour using a scientifically credible field test method.
[2]
Areas where the least permeable soil horizon to
five feet below the proposed bottom of the infiltration system using
the United States 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.
[3]
Parking areas and access roads less than 5,000
square feet for commercial development.
[4]
Parking areas and access roads less than 5,000 square feet for industrial development not subject to the prohibitions/exclusions under Subsection D(3)(d).
[5]
Redevelopment post-construction sites except as
provided under § 205.119.6C.
[6]
In-fill development areas less than five acres.
[7]
Roads in commercial, industrial and institutional
land uses, and arterial residential roads.
(h)
Where alternate uses of runoff are employed, such as for toilet
flushing, laundry or irrigation, such alternate use shall be given
equal credit toward the infiltration volume required by this subsection.
(i)
Groundwater standards.
[1]
Infiltration systems designed in accordance with
this subsection 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 D(3)(i)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
(j)
Maximum Extent Practicable. Where the conditions of Subsection D(3)(d) through (g) limit or restrict the use of infiltration practices, the performance standard of § 205-119.6D(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 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.
[5]
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 disposal sites that take on the attributes
of a wetland.
[6]
For wetlands not subject to Subsection D(4)(a)[4] or [5], 50 feet.
[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.
[8]
Wetland boundary delineation shall be made in accordance
with § NR 103.08(1m). 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] through [9], the greatest protective area width shall apply where rivers, streams, lakes and wetlands are contiguous.
(b)
This subsection applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection D(4)(d).
(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, and where no impervious surface is present,
adequate sod or self-sustaining vegetative cover of 70% or greater
shall be established and maintained. The adequate sod or self-sustaining
vegetative cover shall be sufficient to provide for bank stability,
maintenance of fish habitat and filtering of pollutants from upslope
overland flow areas under sheet flow conditions. Nonvegetative materials,
such as rock riprap, may be employed on the bank as necessary to prevent
erosion, such as on steep slopes or where high-velocity flows occur.
[3]
Best management practices such as filter strips,
swales, or wet detention basins, that are designed to control pollutants
from nonpoint sources may be located in the protective area.
(d)
This subsection does not apply to:
[1]
Except as provided under § 205.119.6C,
redevelopment post-construction sites.
[2]
In-fill development areas less than five acres.
[3]
Structures that cross or access surface waters
such as boat landings, bridges and culverts.
[4]
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.
[5]
Areas of post-construction sites from which runoff
does not enter the surface water, including wetlands, without first
being treated by a BMP to meet the local ordinance requirements for
total suspended solids and peak flow reduction, except to the extent
that vegetative ground cover is necessary to maintain bank stability.
(5)
Fueling and vehicle maintenance areas. Fueling and vehicle maintenance
areas shall, to the maximum extent practicable, have BMPs designed,
installed and maintained to reduce petroleum within runoff, such that
the runoff that enters waters of the state contains no visible petroleum
sheen.
(6)
Swale treatment for transportation facilities.
(a)
Applicability. Except as provided in Subsection D(6)(b), transportation facilities that use swales for runoff conveyance and pollutant removal meet all of the water quality requirements of this section if the swales are designed to the maximum extent practicable to do all of the following:
[1]
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]
Comply with the current version at the time of
application of the Wisconsin Department of Natural Resources Technical
Standard 1005, "Vegetated Infiltration Swales."
(b)
Exemptions. The Public Works Superintendent or his/her designee
may, consistent with water quality standards, require other provisions
of this section, in addition to swale treatment, be met on a transportation
facility with an average daily travel 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:
[1]
An outstanding resource water.
[2]
An exceptional resource water.
[3]
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.
[4]
Waters where targeted performance standards are
developed under § NR 151.004, Wis. Adm. Code, to meet water
quality standards.
(c)
The transportation facility authority shall contact the Public
Works Superintendent or his/her designee to determine if additional
BMPs beyond a water quality swale are needed under this subsection.
E.
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.
(3)
In areas with high groundwater and/or other environmental concerns,
the Village may require additional information to verify adequate
separation between groundwater elevations and basement grades.
F.
Location and regional treatment option.
(1)
BMPs may be located on-site or off-site as part of a regional
stormwater device, practice or system, but shall be in accordance
with § NR 151.003, Wis. Adm. Code.
(2)
The Public Works Superintendent or his/her designee may approve
off-site management measures provided that all of the following conditions
are met:
(a)
The Public Works Superintendent or his/her designee determines
that the post-construction runoff is covered by a stormwater management
system plan that is approved by the Village of Saukville and that
contains management requirements consistent with the purpose and intent
of this article.
(b)
The off-site facility meets all of the following conditions:
[1]
The facility is in place.
[2]
The facility is designed and adequately sized to
provide a level of stormwater control equal to or greater than that
which would be afforded by on-site practices meeting the performance
standards of this article.
[3]
The facility has a legally obligated entity responsible
for its long-term operation and maintenance.
(3)
Where a regional treatment option exists such that the Public
Works Superintendent or his/her designee 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 Village of Saukville. In determining the fee
for post-construction runoff, the Village shall consider an equitable
distribution of the cost for land, engineering design, construction,
and maintenance of the regional treatment option.
G.
Alternate requirements. The Public Works Superintendent or his/her
designee may establish stormwater management requirements more stringent
than those set forth in this section if the Public Works Superintendent
or his/her designee determines that the requirements are needed to
control stormwater quantity or control flooding, comply with federally
approved total daily maximum load requirements, or control pollutants
associated with existing development or redevelopment.
A.
Permit required. No responsible party may undertake a land-disturbing
construction activity without receiving a post-construction runoff
permit from the Public Works Superintendent or his/her designee 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
Public Works Superintendent or his/her designee a permit application
made on a form provided by the Public Works Superintendent or his/her
designee 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 non-refundable permit administration fee as established
by resolution of the Village Board.
(2)
The stormwater management plan shall be prepared to meet the requirements of §§ 205-119.6 and 205-119.8, the maintenance agreement shall be prepared to meet the requirements of § 205-119.9, the financial guarantee shall meet the requirements of § 205-119.10, and fees shall be those established by the Village Board as set forth in § 205-119.11.
C.
Review and approval of permit application. The Public Works Superintendent
or his/her designee 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 Public Works Superintendent or his/her designee 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, the Public Works Superintendent or his/her
designee shall issue the permit.
(3)
If the stormwater permit application, plan or maintenance agreement
is disapproved, the Public Works Superintendent or his/her designee
shall detail in writing the reasons for disapproval.
(4)
The Public Works Superintendent or his/her designee may request
additional information from the applicant. If additional information
is submitted, the Public Works Superintendent or his/her designee
shall have 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 Public Works Superintendent or his/her designee
to inform the permit applicant of a decision within 20 business days
of a required submittal shall be deemed to mean approval of the submittal
and the applicant may proceed as if a permit had been issued.
D.
Permit requirements. All permits issued under this section shall be subject to the following conditions, and holders of permits issued under this section shall be deemed to have accepted these conditions. The Public Works Superintendent or his/her designee may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Public Works Superintendent or his/her designee to suspend or revoke this permit may be appealed in accordance with § 205-119.13.
(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 Public Works Superintendent or his/her designee at least seven business days before commencing any work in conjunction with the stormwater management plan, and within three 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 Public Works Superintendent or his/her designee so that practice installations can be inspected during construction.
(4)
Practice installations required as part of this section shall
be certified "as built" by a licensed Wisconsin professional engineer.
Completed stormwater management practices must pass a final inspection
by the Public Works Superintendent or his/her designee to determine
if they are in accordance with the approved stormwater management
plan and this article. The Public Works Superintendent or his/her
designee 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 Public Works Superintendent
or his/her designee of any significant modifications it intends to
make to an approved stormwater management plan. The Public Works Superintendent
or his/her designee may require that the proposed modifications be
submitted to it 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 Village Board,
or are transferred to subsequent private owners as specified in the
approved maintenance agreement.
(7)
The responsible party authorizes the Public Works Superintendent or his/her designee 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 Chapter 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 205-119.10.
(8)
If so directed by the Public Works Superintendent or his/her
designee, 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 Public
Works Superintendent or his/her designee 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, increases in peak rate and/or total volume of runoff from
a site, the Public Works Superintendent or his/her designee 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 § 205-119.12, if the responsible party fails to comply with the terms of this permit.
E.
Permit conditions. Permits issued under this subsection may include conditions established by the Public Works Superintendent or his/her designee in addition to the requirements needed to meet the performance standards in § 205-119.6 or a financial guarantee as provided for in § 205-119.10.
F.
Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the Public Works Superintendent or his/her designee notifies the responsible party that all stormwater management practices have passed the final inspection required under Subsection D(4).
A.
Stormwater management plan requirements. The stormwater management plan required under § 205-119.6B shall contain at a minimum the following information:
(1)
Name, address, and telephone number for the following or their
designees: landowner; developer; project engineer for practice design
and certification; person(s) responsible for installation of stormwater
management practices; and person(s) responsible for maintenance of
stormwater management practices prior to the transfer, if any, of
maintenance responsibility to another party.
(2)
A proper legal description of the property proposed to be developed,
referenced to the United States Public Land Survey system or to block
and lot numbers within a recorded land subdivision plat.
(3)
Predevelopment site conditions, including:
(a)
One or more site maps at a scale of not greater than one inch
equals 40 feet. The site maps shall show the following: site location
and legal property description; predominant soil types and hydrologic
soil groups; existing cover type and condition; topographic contours
of the site at a scale not to exceed one foot; topography and drainage
network including enough of the contiguous properties to show runoff
patterns onto, through, and from the site; watercourses that may affect
or be affected by runoff from the site; flow path and direction for
all stormwater conveyance sections; watershed boundaries used in hydrology
determinations to show compliance with performance standards; lakes,
streams, wetlands, channels, ditches, and other watercourses on and
immediately adjacent to the site; limits of the one-hundred-year floodplain;
location of wells and wellhead protection areas covering the project
area and delineated pursuant to § NR 811.16, Wis. Adm. Code.
(b)
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. 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).
(4)
Post-development site conditions, including:
(a)
Explanation of the provisions to preserve and use natural topography
and land cover features to minimize changes in peak flow runoff rates
and volumes to surface waters and wetlands.
(b)
Explanation of any restrictions on stormwater management measures
in the development area imposed by wellhead protection plans and ordinances.
(c)
One or more site maps at a scale of not greater than one inch
equals 40 feet showing the following: post-construction pervious areas
including vegetative cover type and condition; impervious surfaces
including all buildings, structures, and pavement; post-construction
topographic contours of the site at a scale not to exceed one foot;
post-construction drainage network including enough of the contiguous
properties to show runoff patterns onto, through, and from the site;
locations and dimensions of drainage easements; locations of maintenance
easements specified in the maintenance agreement; flow path and direction
for all stormwater conveyance sections; location and type of all stormwater
management conveyance and treatment practices, including the on-site
and off-site tributary drainage area; location and type of conveyance
system that will carry runoff from the drainage and treatment practices
to the nearest adequate outlet such as a curbed street, storm drain,
or natural drainageway; watershed boundaries used in hydrology and
pollutant loading calculations and any changes to lakes, streams,
wetlands, channels, ditches, and other watercourses on and immediately
adjacent to the site.
(d)
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. Pollutant loading data for
phosphorus shall also be included. The computations shall be made
for each discharge point in the development, and the geographic areas
used in making the calculations shall be clearly cross-referenced
to the required map(s).
(e)
Results of investigations of soils and groundwater required
for the placement and design of stormwater management measures. Detailed
drawings including cross-sections and profiles of all permanent stormwater
conveyance and treatment practices.
(5)
A description and installation schedule for the stormwater management practices needed to meet the performance standards in § 205-119.6.
(6)
A maintenance plan developed for the life of each stormwater
management practice including the required maintenance activities
and maintenance activity schedule.
(7)
Cost estimates for the construction, operation, and maintenance
of each stormwater management practice.
(8)
Other information requested in writing by the Public Works Superintendent
or his/her designee to determine compliance of the proposed stormwater
management measures with the provisions of this section.
(9)
All site investigations, plans, designs, computations, and drawings
shall be certified by a registered Wisconsin professional engineer
to be prepared in accordance with accepted engineering practice and
requirements of this section.
B.
Alternate requirements. The Public Works Superintendent or his/her designee may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 205-119.6D.
A.
Maintenance agreement required. The maintenance agreement required under § 205-119.7B for stormwater management practices shall be an agreement between the Village of Saukville 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 Ozaukee County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.
B.
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 205-119.8A(6):
(1)
Identification of the stormwater facilities and designation
of the drainage area served by the facilities.
(2)
A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under § 205-119.7B.
(3)
Identification of the responsible party(s), organization or city, county, town or village responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan required under § 205-119.7B.
(4)
Requirement that the responsible party(s), organization, or city, county, town or village shall maintain stormwater management practices in accordance with the schedule included in Subsection B(2).
(5)
Authorization for the Public Works Superintendent or his/her
designee 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 Public Works Superintendent or his/her
designee 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 Public Works Superintendent or his/her designee of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Public Works Superintendent or his/her designee.
(8)
Authorization of the Public Works Superintendent or his/her designee 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 Public Works Superintendent or his/her designee shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subchapter VII of Chapter 66, Wis. Stats.
A.
Establishment of the guarantee. The Village of Saukville may require
the submittal of a financial guarantee, the form and type of which
shall be acceptable to the Village. The financial guarantee shall
be up to an amount determined by the Village to be 120% of 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 Village 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 Village that the requirements of this section have not
been met.
B.
Conditions for release. Conditions for the release of the financial
guarantee are as follows:
(1)
The Village shall release the portion of the financial guarantee
established under this section, less any costs incurred by the Village
to complete installation of practices, upon submission of "as built
plans" by a licensed Wisconsin professional engineer. The Village
may make provisions for a partial pro-rata release of the financial
guarantee based on the completion of various development stages.
(2)
The Village shall release the portion of the financial guarantee
established under this section to assure maintenance of stormwater
practices, less any costs incurred by the Village at such time that
the responsibility for practice maintenance is passed on to another
entity via an approved maintenance agreement.
The fees referred to in other sections of this article shall
be established by the Village Board and may from time to time be modified
by resolution. A schedule of the fees established by the Village Board
shall be available for review at the Village Municipal Center.
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 this article's provisions
shall be deemed a violation unless conducted in accordance with the
requirements of this article.
B.
The Public Works Superintendent or his/her designee shall notify
the responsible party by certified mail of any noncomplying land-disturbing
construction activity or post-construction runoff. The notice shall
describe the nature of the violation, remedial actions needed, a schedule
for remedial action, and additional enforcement action which may be
taken.
C.
Upon receipt of written notification from the Village 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 Village 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 Village may enter the land and take emergency actions
necessary to prevent such damage. The costs incurred by the Village
plus interest and legal costs shall be billed to the responsible party.
E.
The Public Works Superintendent or his/her designee 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 Village Attorney
to obtain a cease and desist order in any court with jurisdiction.
F.
The Public Works Superintendent or his/her designee may revoke a
permit issued under this article for noncompliance with article provisions.
G.
Any permit revocation, stop-work order, or cease and desist order
shall remain in effect unless retracted by the Public Works Superintendent
or his/her designee or by a court with jurisdiction.
H.
The Public Works Superintendent or his/her designee 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 Village
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 forfeiture
of not less than $500 or more than $1,500 per offense, together with
the costs of prosecution. 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 Public Works Superintendent or his/her designee 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 Public Works Superintendent or his/her designee may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The Public Works Superintendent or his/her designee shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to § 205-119.10 of this article. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.
A.
Board of zoning appeals. The Board of Zoning Appeals, created pursuant to § 205-120 of this Code pursuant to § 61.354(4)(b), Wis. Stats, shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Public Works Superintendent or his/her designee in administering this article. The Board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the Board may authorize variances from the provisions of this article that are not contrary to the public interest, and where owing to special conditions a literal enforcement of this article will result in unnecessary hardship.
B.
Who may appeal. Appeals to the Board of Zoning Appeals may be taken
by any aggrieved person or any other person or party(s) affected by
any decision of the Public Works Superintendent or his/her designee.
