[HISTORY: Adopted by the Common Council of the City of Glenwood
City at time of adoption of Code (see Ch. 1, General Provisions, Art.
II). Amendments noted where applicable.]
A.
This chapter is adopted by the Common Council under the authority
granted by § 62.234, Wis. Stats. This chapter and any amendments
to this chapter supersede all conflicting and contradicting regulations
previously enacted that relate to stormwater management, except as
otherwise specified in §§ 62.234 and 62.23, Wis. Stats.
B.
The provisions of this chapter are deemed not to limit any other
lawful regulatory powers of the City.
C.
The Common Council hereby designates the City Director of Public
Works with assistance from the City Engineer to administer and enforce
the provisions of this chapter.
D.
The requirements of this chapter 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.
(3)
Other City ordinances and zoning regulations.
The Common Council finds that uncontrolled post-construction
runoff has a significant impact upon water resources and the health,
safety and general welfare of the community and diminishes the public
enjoyment and use of natural resources. Specifically, uncontrolled
post-construction runoff can:
A.
Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
B.
Diminish the capacity of lakes and streams to support fish, aquatic
life and recreational and water supply uses by increasing pollutant
loading of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
C.
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads.
D.
Reduce the quality of groundwater by increasing pollutant loading.
E.
Threaten public health, safety, property and general welfare by overtaxing
storm sewers, drainageways, and other minor drainage facilities.
F.
Threaten public health, safety, property and general welfare by increasing
major flood peaks and volumes.
G.
Undermine floodplain management efforts by increasing the incidence
and levels of flooding.
A.
Purpose. The general purpose of this chapter is to establish long-term
post-construction runoff management requirements that will diminish
the threats to public health, safety, welfare and the aquatic environment.
Specific purposes are to:
(1)
Further the maintenance of safe and healthful conditions.
(2)
Prevent and control the adverse effects of stormwater; prevent and
control soil erosion; prevent and control water pollution; protect
spawning grounds, fish and aquatic life; control building sites, placement
of structures and land uses; preserve ground cover and scenic beauty;
and promote sound economic growth.
(3)
Control exceedance of the safe capacity of existing drainage facilities
and receiving water bodies; prevent undue channel erosion; control
increases in the scouring and transportation of particulate matter;
and prevent conditions that endanger downstream property.
B.
Intent. It is the intent of the Common Council that this chapter
regulate post-construction stormwater discharges within the City and
to waters of the state. This chapter may be applied on a site-by-site
basis. The Common Council recognizes, however, that the preferred
method of achieving the stormwater performance standards set forth
in this chapter is through the preparation and implementation of comprehensive,
systems-level stormwater management plans that cover hydrologic units,
such as watersheds, on a municipal and regional scale. Such plans
may prescribe regional stormwater devices, practices or systems, any
of which may be designed to treat runoff from more than one site prior
to discharge to waters of the state. Where such plans are in conformance
with the performance standards developed under § 281.16,
Wis. Stats., for regional stormwater management measures and have
been approved by the Common Council, it is the intent of this chapter
that the approved plan be used to identify post-construction management
measures acceptable for the community.
A.
Applicability.
(1)
Where not otherwise limited by law, this chapter applies after final
stabilization to a site of land development or land disturbing activity
of any size, including but not limited to activities which change
the predevelopment hydrology and/or increase the rate or volume of
runoff, or the thermal, chemical, or sediment loading leaving the
site, beyond the conditions that existed prior to any planned land
development or land disturbing activity.
(2)
A site that meets any of the criteria in this subsection is exempt
from the requirements of this chapter:
(a)
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.
(b)
Underground utility construction such as water, sewer and fiber
optic lines. This exemption does not apply to the construction of
any aboveground structures associated with utility construction.
(c)
A redevelopment post-construction site with no increase in exposed
parking lots or roads.
(d)
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.
(e)
Nonpoint discharges from agricultural facilities and practices.
(f)
Nonpoint discharges from silviculture activities.
(3)
Notwithstanding the applicability requirements in Subsection A(1), this chapter applies to post-construction sites of any size that, in the opinion of the Common Council, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
(4)
The City Director of Public Works with assistance from the City Engineer may establish on-site stormwater management requirements less stringent than those set forth herein, provided that provisions are made to manage stormwater by an off-site facility, provided that the conditions under § 364-6 of this chapter are met.
B.
Jurisdiction. This chapter applies to post-construction land development
or land disturbing activity within the boundaries of the City of Glenwood
City. No landowner or land operator may undertake a land development
or land disturbing activity subject to this chapter without having
met the performance standards set forth in this chapter and without
having received a permit from the City Director of Public Works with
assistance from the City Engineer prior to commencing the proposed
activity.
C.
Exclusions.
(1)
The following exceptions apply to the provisions of this chapter:
(a)
Any lot existing as of the effective date of this chapter that
is currently zoned single-family residential or duplex/twin home residential;
provided, however, that the use after the land disturbing activity
or land development activity shall be that of a single-family or duplex/twin
home residence.
(b)
Any lot containing, as of the effective date of this chapter,
a single-family or duplex/twin home residence, regardless of zoning
classification; provided, however, that the use after the land disturbing
activity or land development activity shall continue to be that of
a single-family or duplex/twin home residence.
(2)
This chapter is not applicable to activities conducted by a state
agency, as defined under § 227.01(1), Wis. Stats., but also
including the office of the 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:
The meaning given in § 281.16(1), Wis. Stats.
A calendar year of precipitation, excluding snow, which is
considered typical.
Practices, techniques, or measures that are effective in
reducing flooding, removing pollutants, providing thermal mitigation,
enhancing infiltration, and/or providing other benefits related to
stormwater management.
A day the offices of the City of Glenwood City are routinely
and customarily open for business.
A court-issued order to halt land disturbing construction
activity that is being conducted without the required permit.
The City of Glenwood City and its representatives.
The governmental employee designated by the Common Council
to administer this chapter and includes assistance from the City Engineer
and any other governmental employees designated by the City Director
of Public Works with assistance from the City Engineer or the Common
Council in the absence of the Director of Public Works and the City
Engineer.
A system for conveying both sanitary sewage and stormwater
runoff.
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
The temporary detaining or storage of stormwater in reservoirs,
on rooftops, or in streets, parking lots, or other areas under predetermined
and controlled conditions, with the rate of discharge therefrom regulated
by appropriately installed devices.
Residential, commercial, industrial or institutional land
uses and associated roads.
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 detachment process and movement of soil and rock fragments
by which the land's surface is worn away by the action of wind,
water, ice or gravity.
Any act by which organic matter, earth, sand, gravel, rock,
or any other similar material is cut into, dug, quarried, uncovered,
removed, displaced, relocated or bulldozed, and shall include the
conditions resulting from the activity.
Waters listed in § NR 102.11, Wis. Adm. Code.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported
or moved by man to a new location and shall include the conditions
resulting therefrom.
All land disturbing construction activities at the construction
site have been completed and a dense, uniform, perennial vegetative
cover has been established 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 guarantee submitted to the City of Glenwood
City by the responsible party to assure that the requirements of this
chapter are carried out in compliance with the stormwater management
plan.
The Common Council of the City of Glenwood City.
Altering the elevation of the land surface by stripping,
excavating, filling, stockpiling of soil materials or any combination
thereof and shall include the land from which the material was taken
or upon which it was placed.
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 existing development.
The process by which rainfall or surface runoff percolates
or penetrates into the underlying 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 roadside 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.
The various cover types found on a specific parcel, including
impervious surface, green space, wooded area, parking lot, etc.
Any construction of buildings, roads, parking lots, paved
and unpaved storage areas and similar facilities, including agricultural
facilities.
Any man-made alteration of the land surface of public or
private lands 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 within
the City and into waters of the state. "Land disturbing activity"
includes, but is not limited to, clearing and grubbing, tilling, removal
of vegetative cover, stockpiling of soil, demolition, excavating,
pit trench dewatering, filling and grading activities, except that
the term shall not include such minor land disturbing activities as
home gardens and normal repair and maintenance of private roads. This
term does not include agricultural practices.
Any person who holds title to land either as sole owner,
a tenant in common or a joint tenant or has title as a trustee or
assignee or has a land contract vendee's interest.
A parcel of land having a width and depth sufficient to provide the space necessary for one main building and its accessory buildings, together with the open spaces required under Chapter 450, Zoning, of this Code, and abutting on a public street or officially approved place.
A legal document that is filed with the County Register of
Deeds as a property deed restriction and which provides for long-term
maintenance of stormwater management practices.
A level of implementing best management practices in order
to achieve a performance standard specified in this chapter which
takes into account the best available technology, cost-effectiveness
and other competing issues, such as human safety and welfare, endangered
and threatened resources, historic properties and geographic features.
MEP allows flexibility in the way to meet the performance standards
and may vary based on the performance standard and site conditions.
The United States agency responsible for establishing standards
for and design of many water quality structures and practices. The
NRCS was formerly the Soil Conservation Service or SCS.
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
Located outside the property boundary described in the permit
application for land development activity or land disturbing activity.
Located within the property boundary described in the permit
application for land development activity or land disturbing activity.
The meaning given in § NR 115.03(6), Wis. Adm.
Code.
Waters listed in § NR 102.10, Wis. Adm. Code.
A program for predicting polluting particle passage through
pits, puddles, and ponds, prepared for IEP, Inc., and Narragansett
Bay Project, USEPA/RIDEM, by William W. Walker, Jr.
All contiguous lands under the ownership or control of a
landowner, land occupier, or land user.
The maximum rate at which stormwater is discharged from a
site as expressed in cubic feet per second.
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 Common Council to an
applicant to conduct land development or land disturbing activities
or to discharge post-construction runoff within the City and to waters
of the state.
A sum of money paid to the Common Council by the permit applicant
for the purpose of recouping the expenses incurred by the authority
in administering the permit.
Any person to whom a permit is issued.
Any individual, corporation, partnership, joint venture,
agency, unincorporated association, municipal corporation, county
or state agency within Wisconsin, the federal government or any combination
thereof.
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.
The body established under § 62.23(1), Wis. Stats.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
An outlet to drain stormwater at or near the base of a depression
storage area. Infiltration shall not be considered an outlet for the
purposes of this definition.
A construction site following the completion of land development
or land disturbing activities and final site stabilization.
The extent and distribution of land cover types present before
the initiation of land development activity or land disturbing activity,
provided that the current stormwater drainage system is sufficient
to satisfy the requirements of this chapter. If the current stormwater
drainage system is insufficient to satisfy the requirements of this
chapter with respect to current existing land cover, "predevelopment
condition" shall mean that extent and distribution of land cover types
for which the current stormwater drainage system would be sufficient
to satisfy the requirements of this chapter.
Removal of 80% TSS and, to the maximum extent practical,
all other pollutants prior to discharge to a wet detention permanent
pool or infiltration practice. Pretreatment options include, but are
not limited to, engineered pretreatment structures, filter strips
and/or grass swales.
The meaning given in § NR 140.05(17), Wis. Adm.
Code.
All publicly owned lands which are subject to regulation
by the City, including but not limited to:
Areas where development is replacing older development.
A stormwater pond intended to serve multiple parcels and/or
developments, thus eliminating the need for individual on-site facilities.
Cutting vegetation to the ground or stumps, complete extraction
or killing by spraying.
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.
The permanent storage of stormwater without discharge other
than evaporation and/or infiltration.
The same as the definition for "stormwater runoff."
The rate of flow that can be handled by the receiving waterway
without causing flooding or erosion damage.
Solid material, both mineral and organic, that has been deposited
by water, is in suspension in water, is being transported or has been
removed from its site of origin by the process of soil erosion or
is discharged into surface waters from other sources.
Settling or deposition of sediment.
Natural resources that are sensitive to the impacts of urbanization,
specifically including groundwater, cold water springs, wetlands with
diverse functions and values and other unique resources.
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:
The entire area included in the legal description of the
land on which the land development or land disturbing activity occurred.
A method of giving notice to the permittee that one or more
provisions of this chapter have been violated. Notice is given both
by posting upon the lands where the disturbing activity occurs one
or more copies of a poster stating the violation and by mailing a
copy of this poster by certified mail to the permittee at the address
shown on the permit.
A closed conduit for conducting collected stormwater.
All facilities used for conducting runoff to, through or
from a drainage area to the point of final outlet, including but not
limited to any of the following: conduits and appurtenant features,
canals, channels, ditches, streams, culverts, reservoirs, detention
basins, storm sewers, streets and pumping stations.
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.
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
That portion of the precipitation falling during a rainfall
event or that portion of snowmelt that runs off the surface of the
land and into the natural or artificial conveyance or drainage network.
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 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 rainfall type curve as established in the United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published 1973. The Type II curve is applicable to all of Wisconsin
and represents the most intense storm pattern.
Has the meaning given in § 281.01(18), Wis. Stats.
An area where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions These wetlands include
natural, mitigation, and restored wetlands.
A permit issued by the Wisconsin Department of Natural Resources
under § 283.31, Wis. Stats., that authorizes the point source
discharge of stormwater to waters of the state.
A.
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 chapter: technical
standards identified, developed or disseminated by the Wisconsin Department
of Natural Resources under Subchapter V of Ch. 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 City
of Glenwood City.
C.
In this chapter, the following year and location have been selected
as average annual rainfall: Minneapolis 1959 (March 13 to November
4).
A.
Responsible party. The responsible party shall implement a post-construction
stormwater management plan that incorporates the requirements of this
section.
B.
Plan. A written stormwater management plan in accordance with § 364-9 shall be developed and implemented for each post-construction site. Unless the City Director of Public Works with assistance from the City Engineer gives prior written authorization, the methods in conformance with the technical standards shall be followed.
C.
Requirements. The plan required under Subsection B shall include or comply with the following:
(1)
General requirements for stormwater management measures. The following
shall be observed in managing stormwater runoff:
(a)
The applicant shall attend a preapplication meeting with the
City staff before any data will be accepted. The purpose of the meeting
is to specifically address required approvals and permits and applicable
technical standards.
(b)
All stormwater rate control facilities shall be located within
drainage, utility, and/or flowage easements to provide access and
to prevent future alteration or encroachment. Any such easement shall
be memorialized in a separate document and recorded with the office
of the St. Croix County Register of Deeds.
(c)
Water quality facilities are required for all developments unless
a development is part of a City-approved regional pond drainage area.
(d)
All hydrologic data shall be submitted to the City. Data shall
be obtained used NRCS methodology, including but not limited to HydroCad,
Haestad Methods, or TR20/TR55, as defined by the NRCS.
(e)
Hydrologic analysis shall be based on NRCS methods using a Type
II storm distribution, twenty-four-hour duration, and average soil
moisture conditions (AMC-2), as defined by NRCS.
(f)
Hydraulic calculations will be accepted in the Rational Method
format or in commonly used software packages such as Eagle Point,
HydroCad, Haestad Methods, HEC-RAS, or XP-SWMM.
(g)
When runoff from an upstream property passes through a downstream
property and it is desirable in the opinion of the City to oversize
a pond or conveyance system to serve increased runoff from predicted
development of adjacent properties, the cost of oversizing the facility
shall be determined by the City and assessed in accordance with state
law and the City Code.
(2)
Total suspended solids. Best management practices shall be designed,
installed and maintained to control total suspended solids carried
in runoff from the post-construction site as follows:
(a)
For new development, by design reduce to the maximum extent
practicable the total suspended solids load by 80%, based on the average
annual rainfall, as compared to no runoff management controls.
(b)
For infill development under five acres that occurs within 10
years after October 1, 2002, by design reduce to the maximum extent
practicable the total suspended solids load by 40%, based on an average
annual rainfall, as compared to no runoff management controls.
(c)
For infill development that occurs 10 or more years after October
1, 2002, by design reduce to the maximum extent practicable the total
suspended solids load by 80%, based on an average annual rainfall,
as compared to no runoff management controls.
(d)
All water quality analyses shall be based on the P8 Urban Catchment
Model or other comparable model as approved by the City Director of
Public Works with assistance from the City Engineer.
(e)
NURP50 particle size distribution shall be used for calculation
of TSS sediment loading and removal.
(f)
Notwithstanding Subsection C(2)(a) through (e), if the design cannot achieve the applicable total suspended solids reduction specified, the stormwater management plan shall include a written and site-specific explanation why that level of reduction is not attained, and the total suspended solids load shall be reduced to the maximum extent practicable.
(3)
Peak discharge rate and volume. By design, BMPs shall be employed
to meet the following performance standards:
(a)
Peak flow rate. For the two-, ten- and one-hundred-year design
storm event, the post-development peak flow rate shall not exceed
the peak flow rate for predevelopment land use conditions or less
if, in the opinion of the City, downstream system capacity problems
exist.
(b)
Runoff volume. For the two-, ten- and one-hundred-year design
storm event, the post-development runoff volume shall not exceed the
runoff volume for predevelopment land use conditions or less if, in
the opinion of the City, downstream system capacity problems exist.
This requirement is applicable for sites that discharge directly or
ultimately to an area with no positive drainage outlet. Sites that
discharge to a conveyance system with a positive drainage outlet are
exempt from this requirement.
(c)
Predevelopment conditions shall assume good hydrologic conditions
for appropriate land covers as identified in TR-55 or an equivalent
methodology. The meanings of "hydrologic soil group" and "runoff curve
number" are as determined in TR-55. However, when predevelopment land
cover is cropland, rather than using TR-55 values for cropland, the
runoff curve numbers in Table 1 shall be used.
|
Table 1 — Maximum Predevelopment Runoff Curve Numbers
for Cropland Areas
| ||||
|---|---|---|---|---|
|
Hydrologic Soil Group
|
A
|
B
|
C
|
D
|
|
Runoff Curve Number
|
56
|
70
|
79
|
83
|
(4)
Infiltration practices. Best management practices shall be designed,
installed, and maintained to infiltrate runoff to the maximum extent
practicable in accordance with the following:
(a)
Where infiltration practices will be used, the location, surface
area, depth, soil types (hydrologic group) and infiltration rate and
volume computations shall be submitted to the City Director of Public
Works who shall consult with the City Engineer as necessary.
(b)
For residential land uses one of the following shall be met:
[1]
Infiltrate sufficient runoff volume so that the post-development
infiltration volume shall be at least 90% of the predevelopment infiltration
volume, based on the average annual rainfall. However, when designing
appropriate infiltration systems to meet this requirement, no more
than 1% of the project site is required as an effective infiltration
area.
[2]
Infiltrate 25% of the post-development runoff volume from the
two-year rainfall event. Separate curve numbers for pervious and impervious
surfaces shall be used to calculate runoff volumes and not composite
curve numbers as defined in TR-55. However, when designing appropriate
infiltration systems to meet this requirement, no more than 1% of
the project site is required as an effective infiltration area.
(c)
For nonresidential development, including but not limited to
commercial, industrial and institutional development, one of the following
shall be met:
[1]
Infiltrate sufficient runoff volume so that the post-development
infiltration volume shall be at least 60% of the predevelopment infiltration
volume, based on the average annual rainfall. However, when designing
appropriate infiltration systems to meet this requirement, no more
than 2% of the project site is required as an effective infiltration
area.
[2]
Infiltrate 10% of the post-development runoff volume from the
two-year rainfall event. Separate curve numbers for pervious and impervious
surfaces shall be used to calculate runoff volumes and not composite
curve numbers as defined in TR-55. However, when designing appropriate
infiltration systems to meet this requirement, no more than 2% of
the project site is required as an effective infiltration area.
(d)
Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection C(4)(h). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(e)
Exclusions. Infiltration of stormwater from the following land
areas is prohibited from meeting the requirements of this subsection:
[1]
Areas associated with Tier 1 industrial facilities identified
in § NR 216.21(2)(a), Wis. Adm. Code, including storage,
loading, rooftop and parking.
[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.
[4]
Areas within 1,000 feet upgradient or within 100 feet downgradient
of karst features.
[5]
Areas with less than three feet separation distance from the
bottom of the infiltration system to the elevation of seasonal high
groundwater or the top of bedrock, except that this subsection does
not prohibit infiltration of roof runoff.
[6]
Areas with runoff from industrial, commercial and institutional
parking lots and roads and residential arterial roads with less than
five feet separation distance from the bottom of the infiltration
system to the elevation of seasonal high groundwater or the top of
bedrock.
[7]
Areas within 1,200 feet of a community water system well as
specified in § NR 811.16(4), Wis. Adm. Code, or within 100
feet of a private well as specified in § NR 812.08(4), Wis.
Adm. Code, for runoff infiltrated from commercial, industrial and
institutional land uses.
[8]
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.
[9]
Any area where the soil does not exhibit one of the following
soil characteristics between the bottom of the infiltration system
and the seasonal high groundwater and top of bedrock: at least a three-foot
soil layer with 20% fines or greater, or at least a five-foot soil
layer with 10% fines or greater. This does not apply where the soil
medium within the infiltration system provides an equivalent level
of protection. This subsection does not prohibit infiltration of roof
runoff.
(f)
For Tier 1 and Tier 2 industrial facilities identified in § NR
216.21(2)(a) and (b), Wis. Adm. Code, the infiltration may be allowed
if the applicant provides a "no exposure" certification in accordance
with § NR 216.21(3), Wis. Adm. Code.
(g)
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.
(h)
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.
(i)
Exemptions. The following are not required to meet the requirements
of this subsection:
[1]
Areas where the infiltration rate of the soil is less than 0.6
inch per hour measured at the site.
[2]
Parking areas and access roads less than 5,000 square feet for
commercial and industrial development.
[3]
Redevelopment post-construction sites.
[4]
Infill development areas less than five acres.
[5]
Infiltration areas during periods when the soil on the site
is frozen.
[6]
Roads in commercial, industrial and institutional land uses
and arterial residential roads.
(5)
Protective areas. This Subsection C(5) applies to post-construction sites located within a protective area.
(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,
and for wetlands in areas of special natural resource interest as
specified in § NR 103.04, Wis. Adm. Code: 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: 50 feet. Highly susceptible
wetlands include the following types: fens, sedge meadows, bogs, low
prairies, conifer swamps, shrub swamps, other forested wetlands, fresh
wet meadows, shallow marshes, deep marshes and seasonally flooded
basins. Wetland boundary delineations shall be made in accordance
with § NR 103.08(1m), Wis. Adm. Code. This subsection does
not apply to wetlands that have been completely filled in accordance
with all applicable state and federal regulations. The protective
area for wetlands that have been partially filled in accordance with
all applicable state and federal regulations shall be measured from
the wetland boundary delineation after fill has been placed.
[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.
[6]
In Subsection C(5)(a)[1], [4] and [5], determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in § NR 103.03, Wis. Adm. Code.
[7]
For concentrated flow channels with drainage areas greater than
130 acres: 10 feet.
(b)
Where post-construction sites are located within a protective
area, the following conditions shall be met:
[1]
Impervious surfaces shall be kept out of the protective area
to the maximum extent practicable. The stormwater management plan
shall contain a written site-specific explanation for any parts of
the protective area that are disturbed during construction.
[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 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.
(6)
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 City and state contains no visible
petroleum sheen.
D.
General considerations for on-site and off-site stormwater management
measures. The following considerations shall be observed in managing
runoff:
(1)
Natural topography and land cover features such as natural swales,
natural depressions, native soil infiltrating capacity, and natural
groundwater recharge areas shall be preserved and used, to the extent
possible, to meet the requirements of this section.
(2)
Emergency overland flow for all stormwater facilities shall be provided
to prevent exceeding the safe capacity of downstream drainage facilities
and prevent endangerment of downstream property or public safety.
E.
Location and regional treatment option.
(1)
The BMPs may be located on site or off site as part of a regional
stormwater device, practice or system.
(2)
The City Director of Public Works with assistance from the City Engineer
may approve off-site management measures, provided that all of the
following conditions are met:
(a)
They determine that the post-construction runoff is covered
by a stormwater management system plan that is approved by the Common
Council and that contains management requirements consistent with
the purpose and intent of this chapter.
(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 chapter.
[3]
The facility has a legally obligated entity responsible for
its long-term operation and maintenance. Access, drainage, and/or
utility easements necessary to serve the facility are recorded.
(3)
Where a regional treatment option exists such that the Common Council
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 Common Council.
In determining the fee for post-construction runoff, the Common Council
shall consider an equitable distribution of the cost for land, engineering
design, construction, and maintenance of the regional treatment option.
A.
Permit required. No responsible party may undertake a land development
or land disturbing activity without receiving a post-construction
runoff permit from the City Director of Public Works with assistance
from the City Engineer prior to commencing the proposed activity.
B.
Permit application and fees. Unless specifically excluded by this
chapter, any responsible party, landowner, or operator required to
obtain a permit under this chapter desiring a permit shall submit
to the City of Glenwood City a permit application made on a form provided
by the City Director of Public Works with assistance from the City
Engineer for that purpose.
(1)
Unless otherwise excepted by this chapter, a permit application must
be accompanied by a stormwater management plan, a maintenance and
monitoring agreement and a nonrefundable permit administration fee.
(2)
The stormwater management plan shall be prepared to meet the requirements of §§ 364-7 and 364-9; the maintenance and monitoring agreement shall be prepared to meet the requirements of § 364-10; the financial guarantee shall meet the requirements of § 364-11; and fees shall be those established by the Common Council as set forth in § 364-12.
C.
Review and approval of permit application. The City Director of Public
Works with assistance from the City Engineer shall review any permit
application that is submitted with a stormwater management plan, maintenance
and monitoring agreement, and the required fee. The following approval
procedure shall be used:
(1)
The Director of Public Works with assistance from the City Engineer
shall accept all preapplication requests and all permit applications
that are accompanied by the stormwater plan and the required fee.
(2)
Within 60 business days of the receipt of a complete permit application, including all items as required by Subsection B, the City Director of Public Works with assistance from the City Engineer shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this chapter. The City Director of Public Works with assistance from the City Engineer shall base the decision on requirements set forth in this chapter, including technical standards set forth herein.
(3)
If the stormwater permit application, plan, and maintenance and monitoring
agreement are approved, or if an agreed upon payment of fees in lieu
of stormwater management practices is made, the City of Glenwood City
shall issue the permits required in accordance with the procedure
as set out in this chapter, but only when sedimentation and runoff
will be controlled to meet the performance standards set forth herein.
(4)
If the stormwater permit application, plan or maintenance agreement
is disapproved, the City Director of Public Works with assistance
from the City Engineer shall detail in writing the reasons for disapproval.
(5)
The City Director of Public Works with assistance from the City Engineer
may request additional information from the applicant by notifying
the permit applicant in writing if additional information is required
for review of the stormwater plan. If additional information is submitted,
the City Director of Public Works with assistance from the City Engineer
shall have 30 business days from the date the additional information
is received to inform the applicant that the plan and maintenance
and monitoring agreement are either approved or disapproved.
(6)
Failure by the City Director of Public Works with assistance from the City Engineer to inform the permit applicant of a decision within 60 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. If the applicant proceeds under this approval process, the applicant shall comply with the permit requirements in Subsections D, E and F.
(7)
The City of Glenwood City shall keep an accurate record of all plan
data accepted, plans approved, permits issued, inspections made, and
other official records.
D.
Permit requirements. All permits issued under this chapter shall be subject to the following conditions, and holders of permits issued under this chapter and permit applicants proceeding as if a permit had been issued under the approval process provided in this chapter shall be deemed to have accepted these conditions. The City Director of Public Works with assistance from the City Engineer may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the City Director of Public Works with assistance from the City Engineer to suspend or revoke this permit may be appealed in accordance with § 364-14.
(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.
(3)
The responsible party shall notify the City Director of Public Works with assistance from the City Engineer at least five business days before commencing any work in conjunction with the stormwater management plan and within five business days upon completion of the stormwater management practices. If required as a special condition under Subsection D(5), the responsible party shall make additional notification according to a schedule set forth by the City Director of Public Works with assistance from the City Engineer so that practice installations can be inspected during construction.
(4)
Practice and infrastructure installations required as part of this
chapter shall be certified "as built" by a licensed professional engineer
other than the City Engineer and City Director of Public Works. Completed
stormwater management practices must pass a final inspection by the
City Director of Public Works with assistance from the City Engineer
or his designee to determine if they are in accordance with the approved
stormwater management plan and this chapter. The City Director of
Public Works with assistance from the City Engineer or his 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. The Common Council shall notify the permit holder
when stormwater management practices have passed final inspection.
(5)
The responsible party shall notify the City Director of Public Works
with assistance from the City Engineer of any significant modifications
it intends to make to an approved stormwater management plan. The
City Director of Public Works with assistance from the City Engineer
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 City Director of Public Works
with assistance from the City Engineer or are transferred to subsequent
private owners as specified in the approved maintenance agreement.
(7)
The responsible party authorizes the Common Council 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 § 66.0627 or 66.0703, Wis. Stats., or to charging such costs against the financial guarantee posted under § 364-11 in accordance with this chapter to cover the costs of such work or operations. The responsible party shall waive notice and hearing as provided by § 66.0703(7), Wis. Stats.
(8)
If so directed by the City Director of Public Works with assistance
from the City Engineer, the responsible party shall repair at the
responsible party's own expense all damage to adjoining municipal
facilities, including but not limited to roads, road rights-of-way,
streets, runoff and drainage facilities, and drainageways, caused
by runoff, where such damage is caused by activities that are not
in compliance with the approved stormwater management plan, until
they are accepted and become the responsibility of the governmental
entity.
(9)
The responsible party shall permit property access to the City Director
of Public Works and/or City Engineer or his designee for the purpose
of inspecting the property for compliance with the approved stormwater
management plan and this permit.
(10)
If an approved stormwater plan involves changes in direction,
changes in post-development hydrology, or increases in peak rate and/or
total volume of runoff, the sediment loading and/or thermal pollution
from a site, the City Director of Public Works with assistance from
the City Engineer may require the responsible party to make appropriate
legal arrangements with affected property owners concerning the prevention
of endangerment to property or public safety.
(11)
The permittee shall provide and install at its expense all drainage,
runoff control, and erosion control improvements as required by this
chapter and the approved stormwater plan and also shall bear its proportionate
share of the total cost of off-site improvements to drainage systems
based upon the existing developed drainage area or planned development
of the drainage area, as determined by the City Director of Public
Works with assistance from the City Engineer.
(12)
The permittee shall comply with the floodplain zoning standards in Chapter 415 of this Code if the land development or land disturbing activity is in an identified flood hazard area on the official FEMA floodplain map.
(13)
If so directed by the City Director of Public Works with assistance
from the City Engineer, the permit holder shall repair, at the permit
holder's own expense, all damage to adjoining properties, municipal
facilities, and stormwater drainage systems caused by stormwater runoff,
where such damage is caused by activities not in compliance with the
approved stormwater plan.
F.
Permit duration. Permits issued under this section shall be valid
for 180 days from the date of issuance, except as provided as follows:
(1)
If the City Director of Public Works with assistance from the City
Engineer has notified the permit holder that all stormwater practices
have passed the final inspection as required under this chapter, then
the permit expires upon notification by the City Director of Public
Works with assistance from the City Engineer.
(2)
The City Director of Public Works with assistance from the City Engineer
may extend an existing permit if continuous progress is being made
by the applicant towards completion of stormwater practices.
A.
Plan requirements. The stormwater management plan shall contain any information the City Director of Public Works with assistance from the City Engineer may need to evaluate the environmental characteristics of the area affected by land development or land disturbing activity, the predevelopment and post-development hydrology, the potential impacts of the proposed activity upon the quality (including thermal) and quantity of stormwater discharges, the potential impacts upon water resources and drainage utilities, and the effectiveness and acceptability of proposed stormwater management measures in meeting the technical and performance standards and other requirements of this chapter. All site investigations, plans, designs, computations, and drawings shall be certified by a licensed professional engineer to be prepared in accordance with accepted engineering practice and requirements of this chapter. The stormwater management plan required under § 364-8B 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 less than one inch equals
100 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 two feet; 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;
and location of wells and wellhead protection areas covering the project
area and delineated pursuant to § NR 811.16, Wis. Adm. Code.
(b)
Hydrology, hydraulic, and pollutant loading computer model computations
as needed to show compliance with performance standards. 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 less than one inch equals
100 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 two feet;
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, hydraulic,
and pollutant loading computer modeling calculations; and any changes
to lakes, streams, wetlands, channels, ditches, and other watercourses
on and immediately adjacent to the site.
(d)
Hydrology, hydraulic, and pollutant loading computer model computations
as needed to show compliance with performance standards. 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.
(f)
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 § 364-7.
(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 Common Council or its
designee to determine compliance of the proposed stormwater management
measures with the provisions of this chapter.
B.
Certification. All site investigations, plans, designs, computations,
and drawings shall be certified by a licensed professional engineer
to be prepared in accordance with accepted engineering practice and
requirements of this chapter.
A.
Maintenance and monitoring agreement required. The maintenance and monitoring agreement required under § 364-8B for stormwater management practices shall be an agreement between the City of Glenwood City and the responsible party to provide for maintenance and monitoring for both short-term and long-term stormwater management practices beyond the duration period of this permit. The maintenance and monitoring agreement shall be filed with the St. Croix 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.
(1)
The maintenance and monitoring agreement shall provide for short-term
maintenance and monitoring of stormwater management practices necessary
to maintain temporary drainage and erosion control measures and to
establish permanent drainage and erosion control measures. Short-term
maintenance provisions are generally those that do not continue in
perpetuity.
(2)
The maintenance and monitoring agreement may provide for long-term
maintenance and monitoring of stormwater practices that continue in
perpetuity. Such long-term maintenance will be required where the
stormwater practice serves an individual landowner or organized group
of landowners.
B.
Monitoring requirements. Stormwater facilities shall be monitored
in accordance with the stormwater plan, the conditions of the permit
and the maintenance and monitoring agreement. Monitoring shall verify
whether or not the practice is functioning as designed. Monitoring
may include, but may not be limited to, quality, temperature, and
quantity of runoff.
C.
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 364-9A(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 § 364-8B.
(3)
Identification of the party responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan required under § 364-8B.
(4)
Requirement that the responsible party, organization, or City, county, or town shall maintain stormwater management practices in accordance with the schedule included in Subsection C(2).
(5)
Authorization for the City Director of Public Works and/or City Engineer
to access the property to conduct inspections and monitor the stormwater
management practices as necessary to ascertain that the practices
are being maintained and operated in accordance with the agreement.
(6)
A requirement that the City of Glenwood City shall maintain public
records of the results of the site inspections, shall inform the party
responsible for maintenance of the inspection results, and shall specifically
indicate any corrective actions required to bring the stormwater management
practice into proper working condition.
(7)
Agreement that the party designated under Subsection C(3) as responsible for long-term maintenance of the stormwater management practices shall be notified by the City Director of Public Works with assistance from the City Engineer of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the City Director of Public Works with assistance from the City Engineer.
(8)
Authorization of the City Director of Public Works with assistance from the City Engineer to perform the corrective actions identified in the inspection report if the responsible party designated under Subsection C(3) does not make the required corrections in the specified time period. The City of Glenwood City shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to § 66.0627 or 66.0703, Wis. Stats., or it may charge the cost against the financial guarantee posted under this chapter.
A.
Establishment of the guarantee. The City Director of Public Works
with assistance from the City Engineer may require the submittal of
a financial guarantee, the form and type of which shall be acceptable
to the City Director of Public Works with assistance from the City
Engineer. The financial guarantee shall be in an amount determined
by the City Director of Public Works with assistance from the City
Engineer equal to the estimated cost of construction and the estimated
cost of maintenance of the stormwater management practices during
the period for which the designated party in the maintenance and monitoring
agreement has maintenance and monitoring responsibility. The financial
guarantee shall give the Common Council the authorization to use the
funds to complete the project stormwater management practices and
fulfill maintenance and monitoring requirements if the responsible
party defaults or does not properly implement the approved project
stormwater management plan or fails to perform required maintenance
and/or monitoring responsibilities, upon written notice to the responsible
party by the Common Council that the requirements of this chapter
have not been met.
B.
Conditions for release. Conditions for the release of the financial
guarantee are as follows:
(1)
The Common Council may release the portion of the financial guarantee
established to assure installation of stormwater management practices
under this section, minus any costs incurred by the City of Glenwood
City to complete the project installation of practices, upon submission
of as-built plans by a licensed professional engineer. The Common
Council may make provisions for a partial pro rata release of the
financial guarantee based on the completion of various development
stages.
(2)
The Common Council may release the portion of the financial guarantee
established under this section to assure maintenance of stormwater
practices, minus any costs incurred by the City of Glenwood City,
at such time that the responsibility for practice maintenance is passed
on to another entity via an approved maintenance and monitoring agreement.
The fees referred to in other sections of this chapter shall
be established by the Common Council and may from time to time be
modified by resolution. A schedule of the fees established by the
Common Council shall be available for review in the Municipal Building.
A.
Any land development or land disturbing activity or post-construction
runoff initiated after the effective date of this chapter by any person,
firm, association, or corporation subject to the provisions of this
chapter shall be deemed a violation unless conducted in accordance
with said provisions.
B.
The City Director of Public Works with assistance from the City Engineer
shall investigate and take action on all complaints made in regard
to the application of this chapter. The City Director of Public Works
with assistance from the City Engineer is authorized to enter any
public or private lands affected by this chapter to inspect the land
prior to permit issuance for the purpose of determining whether to
approve the plan and after permit issuance to determine compliance
with this chapter. If permission to enter is denied prior to permit
issuance the land development or land disturbing activity that is
the subject of the permit shall not occur. Following permit issuance,
if permission cannot be received from the land occupier or land user,
entry by the City Director of Public Works and/or City Engineer shall
be according to § 66.0119, Wis. Stats.
C.
The City Director of Public Works with assistance from the City Engineer
shall notify the responsible party by personal service or certified
mail of any noncomplying development or land disturbing 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.
D.
Upon receipt of written notification from the City Director of Public Works with assistance from the City Engineer under Subsection C, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of the permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the City Director of Public Works with assistance from the City Engineer in the notice. This provision also applies to land development or land disturbing activities that commenced under the approval process provided herein without obtaining a permit.
E.
If the violations of a permit issued pursuant to this chapter are
likely to result in damage to properties, public facilities, or waters
of the state, the City Director of Public Works with assistance from
the City Engineer may enter the land and take emergency actions necessary
to prevent such damage. The costs incurred by the City of Glenwood
City plus interest and legal costs shall be billed to the responsible
party.
F.
The City Director of Public Works with assistance from the City Engineer
is authorized to post a stop-work order upon any land development
or land disturbing activity in violation of this chapter. The City
Director of Public Works with assistance from the City Engineer shall
supply a copy of each stop-work order to the City Attorney. In lieu
of the stop-work order, the City Director of Public Works with assistance
from the City Engineer may issue a written cease and desist order
to any land occupier or land user whose activity is in violation of
this chapter. These orders shall specify that the activity must be
ceased or brought into compliance with this chapter within 10 calendar
days. Any such stop-work order or cease and desist order shall be
subject to Ch. 68, Wis. Stats.
G.
The City Director of Public Works with assistance from the City Engineer
may revoke a permit issued under this chapter for noncompliance with
the provisions of this chapter. Any such revocation shall be subject
to the provisions of Ch. 68, Wis. Stats. Any permit granted under
this chapter may be revoked if the holder of the permit has misrepresented
any material fact in the permit application or plan or has failed
to comply with the plan as originally approved or as modified in writing
subsequently by the City Director of Public Works with assistance
from the City Engineer or has violated any provision of this chapter
or has violated any of the other conditions of the permit as issued
to the applicant.
H.
Any permit revocation, stop-work order, or cease and desist order
shall remain in effect unless retracted by the Common Council or by
a court of competent jurisdiction.
I.
The Common Council is authorized to refer any violation of this chapter
or of a stop-work order or cease and desist order issued pursuant
to this chapter to the City Attorney for the commencement of further
legal proceedings in any court with jurisdiction.
J.
Any person, firm, association, or corporation who or which does not comply with the provisions of this chapter shall be subject to a forfeiture as prescribed in § 1-4 of this Code, based on the severity of the violation and/or the potential impact to the City and receiving water, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.
K.
Every violation of this chapter is a public nuisance. To the extent
permitted by law, compliance with this chapter may be enforced by
injunction pursuant to § 62.23(8), Wis. Stats., insofar
as the same is applicable.
L.
When the Common Council determines that the holder of a permit issued
pursuant to this chapter has failed to follow practices set forth
in the technical and performance standards and stormwater management
plan or has failed to comply with schedules set forth in said stormwater
management plan, the Common Council or a party designated by the Common
Council 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 City of Glenwood City 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 this chapter. Where such a guarantee has
not been established, or where such a guarantee is insufficient to
cover these costs, the costs and expenses shall be imposed as a special
assessment or charge pursuant to § 66.0627 or 66.0703, Wis.
Stats., as set forth in this chapter.
A.
Appeals shall be made in the form of a written document to the City.
Upon receipt of the appeal, the Zoning Board of Appeals shall:
(1)
Hear and decide appeals where it is alleged that there is error in
any order, requirement, decision or determination made by the Common
Council in administering this chapter.
(2)
Authorize upon appeal in specific cases such variances from the terms
of this chapter as will not be contrary to the public interest, where
owing to special conditions a literal enforcement of the provisions
of this chapter will result in unnecessary hardship, so that the spirit
of this chapter shall be observed, public safety and welfare secured
and substantial justice done.
B.
The rules, procedures, duties, and powers of the Zoning Board of
Appeals shall apply to this chapter.
