[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.
