[HISTORY: Adopted by the Village President
and the Board of the Village of Whitefish Bay 2-15-2021 by Ord. No. 1876[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 13, Plumbing and Drainage Code, comprised of Art. I, Plumbing and Sewerage Installations, adopted as Secs. 13.01 through 13.20 of the Codification, as amended; Art. II, Sewerage System Connections, adopted as Secs. 13.21 through 13.35 of the Codification, as amended; Art. III, Protection of Sewers and Drains, adopted as Secs. 13.36 through 13.45 of the Codification, as amended; Art. IV, Water Service and Distribution System, adopted as Secs. 13.46 through 13.50 of the Codification, as amended; Art. V, Storm Sewers, adopted as Sec. 13.51 of the Codification; Art. VI, Garbage Disposers and Incinerators, adopted by Ord. No. 752 (Sec. 13.52 of the Codification), as amended; Art. VII, Sanitary Sewer Connection Prohibited, adopted by Ord. No. 1612 (Sec. 13.55 of the Codification), as amended; Art. VIII, Stormwater Management Regulations, adopted 3-16-2020 by Ord. No. 1863; and Art. IX, Violations, adopted 3-16-2020 by Ord. No. 1863. See now Ch. 14, Water Code; Ch. 20, Plumbing Code; and Ch. 21, Sanitary Sewer Code.
A.Â
Purpose. The general purpose of this chapter is to set forth stormwater
requirements and criteria that will diminish the threats to public
health, safety, welfare, and the aquatic environment due to runoff
of stormwater from land development activity. Specific purposes are
to:
(1)Â
Further the maintenance of safe and healthful conditions;
(2)Â
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;
(3)Â
Assure 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; prevent conditions
that endanger downstream property; and
(4)Â
Control building sites, placement of structures, and land uses, and
promote sound economic growth.
B.Â
Intent. The intent of this chapter is to manage the long-term, post-construction
stormwater discharges from land development activities. Where such
system plans have been developed and approved by the Village, it is
the intent that all land development activities will include stormwater
management measures that meet performance standards set forth in those
approved plans. Where such stormwater management system plans have
not been developed or approved, it is the intent of the Village that
the generic stormwater management standards set forth be applied unless
otherwise excepted by the Department of Public Works.
As used in this chapter, the following terms shall have the
meanings indicated:
The planting, growing, cultivating, and harvesting of crops;
growing and tending of gardens, and trees; harvesting of trees.
A court-issued order to halt land-developing activity that
is being conducted without the required permit.
All lands included within the boundary of a certified survey
or subdivision plat created for the purpose of development or sale
of property where multiple separate and distinct land-developing activity
may take place at different times and on different schedules.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total rainfall depth.
The quantity of runoff discharged from the land surface as
the result of a rainfall event.
A payment of money to the Village in place of meeting all
or part of the stormwater performance standards required by this chapter.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the Village by
the permit holder to assure that requirements of this chapter are
carried out in compliance with the stormwater management plan.
A stormwater management system or combination of systems
that uses vegetation, soils and natural processes to mimic nature's
ability to soak up and store stormwater.
The total area, in acres, of all land located within the
property boundary containing the land development activity.
A numerical value expressing the concentration of a substance
in groundwater which is adopted under § 160.07, Wis. Stats.,
and § NR 140.10, Wis. Adm. Code, or § 160.09,
Wis. Stats., and § NR 140.12, Wis. Adm. Code.
A numerical value expressing the concentration of a substance
in groundwater which is adopted under § 160.15, Wis. Stats.,
and § NR 140.10, 140.12, or 140.20, Wis. Adm. Code.
A surface that releases the rainfall as surface runoff during
a large portion of the design rainfall event. Rooftops, sidewalks,
parking lots, and street surfaces are examples of impervious surfaces.
The process by which rainfall or surface runoff percolates
or penetrates into the underlying soil.
Any construction or redevelopment of buildings, roads, parking
lots, paved and unpaved storage areas, and similar facilities, but
not including agricultural activity.
A legal document that is filed with the Milwaukee County
Register of Deeds as a property deed restriction, and which provides
for long-term maintenance of stormwater management practices.
A discharge to the storm sewer system created by process
other than stormwater runoff.
A practice, technique, or measure to reduce the volume, peak
flow rate, or pollutants in stormwater that does not require the design
or installation of fixed stormwater management facilities.
Located outside the property boundary described in the permit
application for land development activity.
Located within the property boundary described in the permit
for the land development activity.
Development of the following land uses: commercial; industrial;
government and institutional; recreation; transportation, communication,
and utilities.
The maximum rate at which a unit volume of stormwater is
discharged.
A surface that infiltrates rainfall during a large portion
of the design rainfall event. Well-managed lawns, fields and woodlands
are examples of pervious surfaces.
Any stormwater discharged from a site following the completion
of land disturbing construction activity and final site stabilization.
The extent and distribution of land cover types, anticipated
to occur under conditions of full development that will influence
stormwater runoff and infiltration.
The extent and distribution of land cover types present before
the initiation of land development activity, assuming that all land
uses prior to development activity are managed in an environmentally
sound manner.
The treatment of stormwater prior to its discharge to the
primary stormwater treatment practice in order to reduce pollutant
loads to a level compatible with the capability of the primary practice.
That which is created to house people, including the residential
dwellings as well as all attendant portions of the development including
lawns, driveways, sidewalks, garages, and access streets. Residential
development includes single-family, multifamily, apartments, and trailer
parks.
Any physical characteristic which limits the use of a stormwater
best management practice as prescribed in the stormwater post-construction
technical standards.
An order issued by the Building Inspector that all construction
activity on the site be stopped.
A document that identifies what actions will be taken to
reduce stormwater quantity and pollutant loads from land development
activity to levels meeting the purpose and intent of this chapter.
A comprehensive plan developed to address stormwater drainage
and nonpoint source pollution control problems on a watershed or subwatershed
basis, and which meets the purpose and intent of this chapter.
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.
Source area practices, conveyance measures, and end-of-pipe
treatment that are designed to control stormwater runoff pollutant
loads, discharge volumes, and peak flow discharge rates.
A navigable body of water as that term is defined in § 281.31(2)(d),
Wis. Stats., as amended from time to time.
Vegetated swales, bioretention areas, rain gardens, amended
soil landscape areas, pocket wetlands, or similar practices that are
designed and intended to provide stormwater treatment and control.
regulations.
Employees of the Village of Whitefish Bay or those agents
authorized by the Village Board to implement these stormwater management.
Those portions of Lake Michigan and Lake Superior within
the boundaries of Wisconsin, and all lakes, bays, rivers, streams,
springs, ponds, wells, impounding reservoirs, marshes, watercourses,
drainage systems and other surface water or groundwater, natural or
artificial, public or private, within the state or its jurisdiction.
A.Â
Plan and facilities required. No person shall proceed with any residential,
commercial, industrial, or institutional land development or redevelopment,
or with the land division of property, without providing appropriate
stormwater management facilities that adequately control stormwater
runoff from such development or subdivided property. A site-specific
stormwater management plan must be submitted and approved by the Village
before any required new stormwater management facilities are constructed,
unless exempted or waived pursuant to the provisions of this section.
An approved site-specific stormwater management plan is also required
before an existing drainage system is relocated, deepened, widened,
enlarged, filled, obstructed, or otherwise altered in preparation
for land use development or land division of property. The plan must
be submitted and approved before any land development is commenced
or a land subdivision plat or by the Village certified survey map
approved and recorded.
B.Â
Public easements shall overlay all public storm sewers, ditches and
swales not located in Village-owned right-of-way. All public drainage
easements shall be labeled as "public drainage easements" on plats
of survey, site plans, and as-built drawings.
A.Â
Applicability. This chapter applies as set forth below to land development
activities that meet applicability criteria specified in this section.
This chapter also applies as set forth below to land development activities
that are smaller than the minimum applicability criteria if such activities
are part of a larger common plan of development or sale that meets
any of the following applicability criteria, even through multiple
separate and distinct land development activities may take place at
different times on different schedules:
(1)Â
Applicability requirements listed in the current publication of Chapter 13, Surface Water and Stormwater, of the Milwaukee Metropolitan Sewerage District Rules.
(2)Â
Applicability requirements listed in the current publication of Ch.
NR 151, Wis. Adm. Code, Runoff Management, Subchapter III, Non-Agricultural
Performance Standards.
(3)Â
For phased developments, the cumulative effect of all phases shall
be considered.
(4)Â
Land development activity of any size that, as determined by majority
vote of the Village Board after consulting with the Village Engineer
and the Department of Public Works, is likely to result in stormwater
runoff which exceeds the safe capacity of existing Village-owned drainage
facilities or receiving surface waters, which causes undue channel
erosion, unreasonably increases surface water pollution by scouring
or the transportation of particulate matter, or endangers downstream
property on a surface water.
B.Â
Jurisdiction. This chapter applies to all lands and waters, and all
land development activities within boundaries of the Village of Whitefish
Bay.
C.Â
Exemptions. The following activities are exempt from stormwater management
plan requirements:
(1)Â
Exemptions from discharge quantity requirements shall be those listed in the current publication of Chapter 13 (Surface Water and Stormwater) of the Milwaukee Metropolitan Sewerage District Rules.
(2)Â
Exemptions from discharge quality requirements shall be those listed
in Ch. NR 151, Wis. Adm. Code, Runoff Management, Subchapter III,
Non-Agricultural Performance Standards.
A.Â
Stormwater management criteria.
(1)Â
The site-specific stormwater management system plan required under
the provisions of this section shall be designed in accordance with
good engineering practice. The specific methods to be used in the
calculation of peak rates of discharge, volumes, and water quality
conditions and of the hydraulic capacities of storage and conveyance
facilities shall be left to the judgment of the professional engineer
preparing the plan subject, however, to the approval of the Village.
(2)Â
The stormwater management plan should consider an analysis of at
least two green infrastructure BMPs appropriate for the site as compared
to the use of traditional BMPs only. If green infrastructure BMPs
are not proposed, the analysis should include a Wisconsin professional
engineer's statement as to why green infrastructure BMPs are
not suitable or recommended for the stormwater management plan.
B.Â
Stormwater discharge quantity standards.
(1)Â
The conveyance and storage facilities incorporated into the site-specific
stormwater management system plan required under this section shall
be designed as an integral part of complementary minor and major subsystem.
(2)Â
The minor subsystem shall be designed to avoid nuisance flooding
of streets and yards and shall accommodate the peak rate of runoff
from rainfall events up to and including the ten-year recurrence interval
event. The rainfall intensity shall be determined based on appropriate
times of concentration from relationships established and published
by NOAA Atlas 14, Precipitation-Frequency Atlas of the US, Volume
8, Version 2.0: Midwestern States, Published in 2013.
(3)Â
The complementary major subsystem shall consist of the public streets
and interconnected flow paths to the streets and from the streets
to receiving streams and watercourses. The major system shall be designed
to accommodate peak rates of discharge from rainfall events up to
and including the 100-year recurrence interval event without inundation
of exposed basements, building basement window wells, basement entryways,
or the first floors of buildings, utilizing a one-foot freeboard.
(4)Â
Unless otherwise provided for, all land development activities subject
to this section shall establish on-site management practices to control
the peak flow rates of stormwater discharged from the site. On-site
management practices shall be used to meet the following minimum performance
standards.
C.Â
Peak flow discharge.
(1)Â
Discharge quantity management requirements shall be those listed in the current publication of Chapter 13 (Surface Water and Stormwater) of the Milwaukee Metropolitan Sewerage District Rules.
(2)Â
The area included in discharge limit calculations in the form of
cfs/acre shall consist of the entire portion of the site draining
to the discharge location under consideration.
(3)Â
Green infrastructure BMPs, including vegetated control measures,
are permissible means for achieving peak discharge requirements.
(4)Â
If the land development site or the proposed stormwater management
facility currently receives or is proposed to receive surface runoff
originating from off-site tributary watershed areas, the stormwater
management criteria shall only apply to the portion of the total runoff
that originates from the land being developed.
(5)Â
Any stormwater management pond shall fully contain the runoff from
the tributary watershed area during the 100-year, twenty-four-hour
rainfall with a SCS TYPE II distribution under the post-development
conditions. The tributary watershed area consists of all on-site and
off-site areas draining to the pond.
(6)Â
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.
(7)Â
If surface runoff leaves the site at more than one location, discharge
at each location must individually meet the standards set forth in
this section. The discharge comparisons shall be made at stormwater
conveyance facilities (i.e., ditches, culverts, storm sewers, stormwater
detention ponds, channels, streams, etc.) that are located immediately
downstream of each discharge location of the land development site.
(8)Â
Impacts to the hydraulic performance of downstream conveyance or
storage facilities shall be avoided. Where such changes are proposed,
the impact of the proposal on existing stormwater detention ponds
shall be assessed using a methodology acceptable to the Village.
(9)Â
All stormwater runoff conveyance facilities within the boundaries
of the property that is being developed shall be sized to adequately
carry the runoff from a ten-year recurrence interval rainfall of 0.5,
1, 6, or twelve-hour duration, depending on the duration that results
in the most critical peak runoff rate from the area under consideration.
In some cases, less sophisticated computation methods such as the
Rational Method may be used with prior written Village approval.
(10)Â
For storms exceeding the design capacity of the conveyance system,
overland drainage routes shall direct the excess runoff to any stormwater
management pond proposed for the site.
(11)Â
When the Soil Conservation Service TR-55 Method is used to calculate
peak flow discharge rates and runoff volumes for the predevelopment
condition, NRCS curve numbers shall be used. When other methods for
computing runoff are used, they shall assume comparable runoff conditions.
D.Â
Stormwater discharge quality standards. Unless otherwise provided,
all land development activities subject to this section shall establish
on-site management practices to control the quality of stormwater
discharged from the site. On-site management practices shall be used
to meet the following minimum standards. Discharge quality management
requirements shall be those listed in Ch. NR 151, Wis. Adm. Code,
Runoff Management, Subchapter III, Non-Agricultural Performance Standards.
(1)Â
Stormwater quality ponds shall be designed and constructed in accordance
with stormwater post-construction technical standards.
(2)Â
Stormwater discharges shall be pretreated prior to infiltration where
necessary to prolong maintenance of the infiltration practice and
to prevent discharge of stormwater pollutants at concentrations that
will result in exceedances of groundwater preventive action limits
or enforcement standards established by the Department of Natural
Resources in Ch. NR 140, Wis. Adm. Code, as amended from time to time.
Stormwater shall not be injected underground through excavations or
openings that would violate § NR 812.05 Wis. Adm. Code,
as amended from time to time.
(3)Â
Only green infrastructure BMPs that do not clog are permissible for
achieving total suspended solids requirements.
E.Â
Infiltration.
(1)Â
Infiltration requirements shall be those listed in Ch. NR 151, Wis.
Adm. Code, Runoff Management, Subchapter III, Non-Agricultural Performance
Standards.
(2)Â
Infiltration Exclusions shall be those listed in Ch. NR 151, Wis.
Adm. Code, Runoff Management, Subchapter III, Non-Agricultural Performance
Standards.
(3)Â
Infiltration Exemptions requirements shall be those listed in Ch.
NR 151, Wis. Adm. Code, Runoff Management, Subchapter III, Non-Agricultural
Performance Standards.
(4)Â
Green infrastructure BMPs are permissible means for achieving infiltration
requirements.
F.Â
Exceptions. The Village Board may establish stormwater management
requirements either more or less stringent than those set forth in
this subsection, provided that at least one of the following conditions
apply:
(1)Â
The Department of Public Works determines that a higher level of
protection is needed to protect sensitive resources.
(2)Â
The Department of Public Works determines that a higher level of
protection from flooding is required to protect the public health
and safety.
(3)Â
The Department of Public Works determines that more restrictive discharge
controls are needed because existing downstream conveyance or storage
facilities are or will be rendered inadequate as a result of development
activity.
(4)Â
The Department of Public Works determines that the land development
activity is covered by an approved stormwater management system plan
that contains management requirements consistent with the purpose
and intent of this section.
(5)Â
Provisions are made to manage stormwater by an off-site facility,
provided that all of the following conditions for the off-site facility
are met:
(a)Â
The facility is in place.
(b)Â
The facility is designed and adequately sized to provide a level
of stormwater control equal to or greater than would be provided by
on-site practices meeting the requirements of this section.
(c)Â
The facility has a legally obligated entity responsible for
its long-term operation and maintenance.
(d)Â
The Department of Public Works finds that meeting the minimum
on-site management requirements of this section is not feasible due
to space or site restrictions.
G.Â
Fee in lieu of on-site stormwater management practices. Where the
Village Board waives all or part of the minimum on-site stormwater
management requirements under this section, the applicant may be required
to pay a fee in an amount determined by the Village Board. To assist
the Village Board in setting the fee, the Department of Public Works
shall recommend an equitable distribution of the cost for land, engineering
design, construction, and maintenance of stormwater management practices
needed to serve the land development.
H.Â
Fueling and vehicle maintenance areas. Fueling area performance standard
shall be those listed in Ch. NR 151, Wis. Adm. Code, Runoff Management,
Subchapter III, Non-Agricultural Performance Standards.
A.Â
Permit required. No landowner or land operator may undertake a land
development activity subject to this chapter without receiving a permit
from the Department of Public Works prior to commencing the proposed
activity.
B.Â
Permit application, fees, and costs. Unless specifically excluded
by this section, any landowner or operator desiring a permit shall
submit to the Village a permit application made on a form provided.
(1)Â
Unless otherwise excepted by this section, a permit application must
be accompanied by the following in order that the permit application
be considered by the Department of Public Works: a stormwater management
plan, a maintenance agreement, and a nonrefundable permit administration
fee.
(2)Â
The stormwater management plan, maintenance agreement financial guarantee
and fees shall meet the requirements of this section.
(3)Â
The applicant shall reimburse the Village for all of the Village's
costs and expenses incurred (including professional and attorneys'
fees) in reviewing the application.
C.Â
Review and approval of permit application. The Department of Public
Works shall review any permit application that is submitted with a
stormwater management plan, maintenance agreement, and the required
fees and make a recommendation to the Village Board for approval,
approval with modifications, or denial. The following procedure shall
be used:
(1)Â
Within 30 business days of the receipt of a complete permit application,
including all items as required by this subsection, the Department
of Public Works shall inform the applicant whether the application,
plan and maintenance agreement are approved or disapproved.
(2)Â
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 Department of Public Works shall
issue the permit.
(3)Â
If the stormwater permit application, plan or maintenance agreements
are disapproved, the Department of Public Works shall detail, in writing,
of the reasons for disapproval.
(4)Â
If additional information is submitted, the Department of Public
Works shall have 15 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)Â
All permits require Village Board approval.
D.Â
Permit conditions. 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 Department of Public Works may suspend or revoke a permit for
violation of a permit condition, following written notification of
the permittee. An action to suspend or revoke this permit may be appealed
in accordance with this section.
(1)Â
Compliance with this permit does not relieve the permit holder of
the responsibility to comply with other applicable federal, state,
and local laws and regulations.
(2)Â
The permit holder shall design and install all structural and nonstructural
stormwater management measures in accordance with tile approved stormwater
management plan and this permit.
(3)Â
The permit holder shall notify the Village at least three working
days before commencing any work in conjunction with the stormwater
management plan, and within the next working day upon completion of
the stormwater management practices. If required as a special condition,
the permit holder shall make additional notification according to
a schedule set forth by the Village so that practice installations
can be inspected during construction.
(4)Â
Practice installation required as part of this section shall be certified
"as-built" by a licensed professional engineer. Completed stormwater
management practices must pass a final inspection to determine if
they are in accordance with the approved stormwater management plan
and this section. The Village shall notify the permit holder, in writing,
of any changes required in such practices to bring them into compliance
with the conditions of this permit.
(5)Â
The permit holder shall notify the Village of any significant modifications
it intends to make to an approved stormwater management plan. The
Village may require that the proposed modifications be submitted for
approval prior to incorporation into the stormwater management plan
and execution.
(6)Â
The permit holder shall maintain all stormwater management practices
in accordance with the stormwater management plan until the practices
are transferred to subsequent private owners as specified in the approved
maintenance agreement.
(7)Â
The permit holder authorizes the Village 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,
Wis. Stats., as amended from time to time, or to charging such costs
against the financial guarantee posted under this section.
(8)Â
If so directed by the Village, the permit holder shall repair at
the permit holder's own expense all damage to adjoining municipal
facilities and drainage ways caused by stormwater runoff, where such
damage is caused by activities that are not in compliance with the
approved stormwater management plan.
(9)Â
The permit holder shall permit property access to the Village personnel
for the purpose of inspecting the property for compliance with the
approved stormwater management plan and this permit.
(10)Â
Where a stormwater management plan involves changes in direction,
increases in peak rate and/or total volume of runoff from a site,
the Village may require the permittee to make appropriate legal arrangement
with adjacent property owners concerning the prevention of endangerment
to property or public safety.
(11)Â
The permit holder is subject to the enforceable actions detailed
in this section if the permit holder fails to comply with the terms
of this permit.
E.Â
Permit duration. Permits issued under this section shall be valid
from the date of issuance through the date the Village notifies the
permit holder that all stormwater management practices have passed
the final inspection required under the permit.
A.Â
Plan requirements.
(1)Â
The stormwater management plan required under this chapter shall
contain any information the Village may need to evaluate the environmental
characteristics of the area affected by land development activity,
the potential impacts of the proposed development upon the quality
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 performance standards set forth in this section.
(2)Â
The plan shall include computations of peak flow rates and discharge
volumes at each point of discharge into and out of the site concerned
under existing and planned development and redevelopment conditions.
The data shall include times of concentration to key junctions in
flow paths and to points of discharge into and out of the site.
(3)Â
The plan shall consist of narrative descriptions and explanations;
maps, charts, and graphs; tables; photographs; supporting calculations;
and references to recognized engineering text and manuals as may be
necessary to provide a clear and concise description of the plan.
The sources of maps and data presented in the plan shall be identified.
(4)Â
For phased developments, the site development stormwater management
plan shall consider the cumulative effect of all phases.
(5)Â
Unless specified otherwise by this section, stormwater management
plans shall contain at a minimum the following information:
(a)Â
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; person(s) responsible for maintenance of stormwater
management practices prior to the transfer, if any, of maintenance
responsibility to another party; and
(b)Â
A proper legal description of the property proposed to be developed
referenced to the U.S. Public Land Survey system or to block and lot
numbers with a recorded land subdivision plat.
B.Â
Predevelopment site conditions. The plan shall include a map and
description of the existing conditions of the site concerned including:
(1)Â
A map of the site at a scale of one inch equals 100 feet or larger
showing the property boundaries referenced to the U.S. Public Land
Survey system or to a lot and block of a recorded subdivision plat;
the topography of the site including contours shown at an interval
of two feet or less, together with such spot elevations as may be
necessary; the contours and spot elevations shall be referenced to
the National Geodetic Vertical Datum of 1983, or to Village Datum
with prior written approval from the Village;
(2)Â
The hydrologic and hydraulic characteristics of the site including
drainage flow paths and directions of flow onto, though, and out of
the site; related drainage basin boundaries, including off-site tributary
areas; times of concentration;
(3)Â
The location of areas where stormwater may collect or percolate into
the ground;
(4)Â
Locations where runoff enters the site from adjacent tributary areas
together with the size of those areas expressed in acres;
(5)Â
Locations where runoff leaves the site and the contributing watersheds
to each of these locations expressed in acres;
(6)Â
Two-year, twenty-four-hour, SCS TYPE II peak runoff rate at each
location where runoff leaves the site, expressed in cubic feet per
second;
(7)Â
Groundwater elevations referred to the National Geodetic Vertical
Datum of 1983 or to Village Datum with prior written approval from
the Village;
(8)Â
Soils by hydrologic group;
(9)Â
Cover type and condition;
(10)Â
Location and extent of impervious surfaces, including type and condition
of the surfaces;
(11)Â
Locations and outlines of all buildings or other structures;
(12)Â
Location of all receiving bodies of surface water on or within 100
feet of the site into which stormwater flows
(13)Â
Locations and size of wetlands on or within 100 feet of the site.
Wetland boundary delineation shall be made in accordance with § NR
103.08(1m), Wis. Adm. Code;
(14)Â
Location and extent of the 100-year recurrence interval flood hazard
area associated with any perennial stream or watercourse on or within
100 feet of the site;
(15)Â
Information regarding current water quality objectives and current
water quality conditions in any perennial watercourses located on
or within 100 feet to the site;
(16)Â
Locations, sizes, and elevations of all existing storm sewers, channels,
ditches, detention or retention ponds, or other engineered drainage
facilities on or within 100 feet of the site; the elevations being
referred to the National Geodetic Datum of 1983 or to Village Datum
with prior written approval from the Village.
C.Â
Proposed post-development site conditions. The plan shall describe
the alterations proposed at to the site and the resulting proposed
post-development conditions. The description shall include:
(1)Â
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;
(2)Â
Proposed changes in the planimetry of the site, and in the topography
of the site by contours having the same contour interval and referred
to the same datum as used to present the topography of the existing
site conditions;
(3)Â
The location and outline of all proposed buildings or other structures;
(4)Â
Changes in the location, extent and type of impervious surfaces;
(5)Â
The location and extent of areas where vegetation is to be disturbed
or planted;
(6)Â
Impacts on existing natural storage or infiltration areas;
(7)Â
Changes in the drainage flow paths into, through, and out of the
site, and related changes in drainage basin boundaries;
(8)Â
The location, elevations, and sizes of all proposed minor and major
stormwater management facilities; the former including all storm sewers
and inlets, and the latter including curbed roadways, roadway ditches,
culverts, storage facilities, and interconnected flow paths; all elevations
being referred to the National Geodetic Vertical Datum of 1983 or
to Village Datum with prior written approval from the Village;
(9)Â
Any changes to lakes, streams, watercourses, or wetlands on or within
100 feet of the site concerned; and
(10)Â
The location and widths of required public rights-of-way or easements
needed to accommodate the recommended stormwater management facilities.
D.Â
Anticipated impacts. The plan shall contain a description of the
following anticipated impacts of stormwater runoff from the proposed
development, redevelopment, or land division as managed by the facilities
and measures recommended in the plan:
(1)Â
Computed runoff discharge rate as indicated by Chapter 13 MMSD rules and Ch. NR 151, Wis. Adm. Code;
(2)Â
Computed runoff volume for the 1.5-inch, four-hour rainfall with
a Huff Distribution;
(3)Â
All major assumptions used in developing input parameters shall be
clearly stated. The computations shall be made for each discharge
point in to and out of the site, and the geographic areas used in
making the calculations shall be clearly cross-referenced to the required
map(s), including off-site tributary watershed areas;
(4)Â
Changes in the locations and conveyance capacities of stormwater
discharge points from and to the site concerned;
(5)Â
Adequacy of receiving storm sewer, engineered stormwater management
facility or watercourse to convey or store the anticipated peak rate
of stormwater discharge from the site concerned, giving due consideration
to existing and off-site flows;
(6)Â
Changes in the location and extent of the 100-year recurrence interval
flood hazard area of any perennial watercourse location within, through,
or within 100 feet of, the site concerned;
(7)Â
Results of investigations of soils and groundwater required for the
placement and design of stormwater management measures; and
(8)Â
Changes in groundwater elevations referred to National Geodetic Vertical
Datum of 1983 or to Village Datum with prior written approval from
the Village.
E.Â
Proposed stormwater management facilities and measures. The plan
shall include a definitive description of the proposed stormwater
management facilities and measures for the control of the quantity
and quality of the anticipated stormwater runoff from the proposed
development, redevelopment, or land division. All site investigations,
plans, designs, computations, and drawings shall be certified as prepared
in accordance with accepted current engineering practice and in accordance
with "WDNR Stormwater post-construction technical standards," "WDNR
Stormwater construction technical standards," and "Standard Specifications
for Sewer and Water Construction in Wisconsin." The description of
the proposed management facilities shall include:
(1)Â
For detention and retention facilities: locations, areas, depths,
volumes, inlet and outlet configurations, and elevation of the bottoms,
and of key inlet and outlet control structures; all elevations being
referred to National Geodetic Vertical Datum of 1983 or to Village
Datum with prior written approval from the Village;
(2)Â
For conveyance facilities: locations of inlets and manholes and associated
rim and invert elevations, and pipe sizes, slope and materials; locations,
elevations, and cross sections of ditches, swales and channels; and
culvert sizes, inlet and outlet configurations and elevations; all
elevations being referred to National Geodetic Vertical Datum of 1983
or to Village Datum with prior written approval from the Village;
(3)Â
Design computations and all applicable assumptions for the stormwater
conveyance (open channel, closed pipe, etc.) system;
(4)Â
Detailed drawings including cross sections and profiles of all permanent
stormwater conveyance and treatment practices;
(5)Â
Design computations and all applicable assumptions for stormwater
quality practices (sedimentation type, filtration type, infiltration
type) as needed to show that practices are appropriately sized to
accommodate runoff from the 1.5-inch rainfall;
(6)Â
Erosion control plan in accordance with the "WDNR Stormwater Construction
Technical Standards," published and periodically updated by the Wisconsin
Department of Natural Resources;
(7)Â
Measures to abate any potential pollution of surface waters and groundwaters;
(8)Â
A schedule for the construction of the recommended stormwater management
facilities and estimates of attendant capital and operation and maintenance
costs;
(9)Â
A maintenance plan developed for the life of each stormwater management
practice including the required maintenance activities and maintenance
activity schedule; and
(10)Â
Other information as needed by the Village to determine compliance
of the proposed stormwater management measures with the provisions
of this section.
F.Â
Exceptions. The Village may prescribe alternative submittal requirements
for applicants seeking an exemption to on-site stormwater management
performance standards under this chapter.
A.Â
Maintenance agreement required. The maintenance agreement required
for stormwater management practices under this chapter shall be an
agreement between the Village and the permittee to provide for maintenance
of stormwater practices beyond the duration period of this permit.
The agreement or recordable document shall be recorded with the Milwaukee
County Register of Deeds so that it is binding upon all subsequent
owners of land served by the stormwater management practices.
B.Â
Agreement provisions. The maintenance agreement shall contain the
following information and provisions:
(1)Â
Identification of the stormwater facilities and designation of the
drainage area served by the facilities;
(2)Â
A schedule for regular maintenance of each aspect of the stormwater
management system consistent with the stormwater management plan;
(3)Â
Identification of the landowner(s), organization or municipality
responsible for long-term maintenance of the stormwater management
practices;
(4)Â
The landowner(s), organization, or municipality shall maintain stormwater
management practices in accordance with the schedule included in the
agreement;
(5)Â
The Village is authorized to access the property to conduct inspections
of stormwater practices as necessary to ascertain that the practices
are being maintained and operated in accordance with the agreement;
(6)Â
The Village shall maintain public records of the results of the site
inspections, shall inform the landowner 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)Â
That if the Building Inspector notifies the party designated under
the maintenance agreement of maintenance problems that require correction,
the specific corrective actions shall be taken within a reasonable
time frame determined by the Village; and
(8)Â
The Village is authorized to perform the corrective actions identified
in the inspection report if the landowner does not make the required
corrections in the specified time period. The Village shall enter
the amount due on the tax rolls and collect the money as a special
charge against the property pursuant to § 66.0627, Wis.
Stats., as amended from time to time.
A.Â
Establishment of the guarantee. The Village Board 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 in
an amount determined by the Village to be the estimated cost of construction
and the estimated cost of maintenance 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 project if the landowner defaults or
does not property implement the approved stormwater management plan.
B.Â
Conditions for release. Conditions for the release of the financial
guarantee are as follows:
(1)Â
The Village shall release the portion of the financial guarantee
established to assure installation of stormwater practices, minus
any costs incurred by the Village to complete installation of practices,
upon submission of as built plans by a licensed 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; and
(2)Â
The Village shall release the portion of the financial security established
to assure maintenance of stormwater practices, minus 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.
Basis. Fees as described in this chapter shall be determined
by the Village Board from time to time. Fees shall be related to the
costs involved in handling permit applications, reviewing plans, conducting
site inspections, and administering the stormwater management program.
A.Â
Discharges prohibited. No person may discharge, spill or dump substances
or materials which are not entirely composed of stormwater into receiving
bodies of water, storm sewers of drainage facilities, or onto driveways,
sidewalks, parking lots or other wares that discharge into the Village
drainage system.
B.Â
Connections prohibited. It shall be a violation of this chapter to
connect a sanitary sewer pipe or drain, connect a pipe or drain that
contributes pollutants associated with industrial activity; or connect
any hydraulic conveyance facility that introduces nonstormwater discharges
to the Village stormwater drainage system and facilities. All such
nonstormwater discharges into the Village stormwater system and facilities
shall be defined as illicit discharges.
(1)Â
Illicit discharges shall cease, desist, and be abated by the person
or persons responsible within 24 hours of notice from the Building
Inspector. If the person or persons responsible fail to cease, desist,
and abate the illicit discharge, the Village may take such action
itself and seek reimbursement in Municipal or Circuit Court or via
special assessment under § 66.0627, Wis. Stats.
C.Â
Exemptions. The following activities are exempt from the provisions
of this chapter unless found to have an adverse impact on the stormwater:
(1)Â
Discharges authorized by a permit issued by the Wisconsin Department
of Natural Resources;
(2)Â
Discharges resulting from firefighting activities;
(3)Â
Discharges in compliance with construction site erosion controls
or stormwater management regulations contained in this section;
(4)Â
Facility maintenance activities undertaken by any federal, state,
county, or municipal agency, such activities, however, being subject
to construction erosion control measures; and
(5)Â
Discharges from uncontaminated pumped groundwater, potable water
source, roof drains, foundation drain and sump pump, air conditioning
condensation, springs, lawn watering or irrigation, individual residential
car washing, and swimming pools if the water has been dechlorinated;
D.Â
Penalty. Violations shall be subject to enforcement procedures and
penalties set forth in this chapter.
A.Â
Inspection. Village personnel shall carry out inspections, investigations,
and monitoring to assess and confirm compliance with the requirements
of this chapter.
(1)Â
Village personnel will inspect, conduct surveillance, and monitor
the municipal drainage system and discharge outfalls on an annual
basis to assess system performance and water quality. Findings of
noncompliance with this chapter during regular inspection, surveillance,
or monitoring of the Village drainage system shall initiate further
investigation to identify the source of the pollution discharge to
the drainage system.
(2)Â
Village personnel will inspect land development activity for compliance
with permit conditions as defined in this chapter.
B.Â
Public nuisance. The following shall be deemed to constitute public
nuisances and may be prosecuted as such by the Village or by aggrieved
property owners:
(1)Â
Any development, redevelopment, or property land division that is
commenced without an approved stormwater management plan as required
by this chapter;
(2)Â
Any land development activity initiated after the effective date
of this chapter by any person, firm, association, or corporation subject
to the chapter provisions shall be deemed a violation unless conducted
in accordance with said provisions;
(3)Â
Any drainage facility not maintained in accordance with this chapter;
(4)Â
Any illicit discharge as defined in this chapter to the Village stormwater
drainage system and facilities; and
(5)Â
Any activity that adversely impacts on surface water or groundwater
quality or endangers the health and safety of the public.
C.Â
Compliance order. The Building Inspector shall notify the responsible
owner or operator by certified mail of any noncomplying activity.
The notice shall describe the nature of the violation, remedial actions
needed, a schedule for remedial action, and additional enforcement
action that may be taken.
(1)Â
Upon receipt of written notification from the Building Inspector,
the responsible owner or operator of the noncomplying activity or
property shall make corrections as necessary to meet the requirements
set forth in this chapter.
(2)Â
If the permit holder or the person(s) in violation of this chapter
continue noncompliant practices, Village personnel may enter upon
the land and perform the work or other operations necessary to bring
the said activity into conformance with requirements of this chapter.
The Village shall keep a detailed accounting of the costs and expenses
of performing this work. If applicable, these costs and expenses shall
be deducted from any financial security posted pursuant to this chapter.
Where such a security has not been established, or where such a security
is sufficient 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.
(3)Â
The Building Inspector is authorized to post a stop order on all
activity in violation of this chapter, or to request the Village Attorney
to obtain a cease-and-desist order.
(4)Â
If the violations to this chapter are likely to result in damage
to private properties, public facilities, or waters of the state,
Village personnel may take emergency actions necessary to prevent
such damage. The costs incurred by the Village plus interest and legal
costs shall be billed to the owner of title of the property.
(5)Â
The Department of Public Works may revoke a permit issued under this
chapter for noncompliance with this chapter.
(6)Â
Any person, firm, association, or corporation who does not comply
with the provisions of this chapter shall be subject to a forfeiture
of not less than $50 nor more than $1,000 per offense, together with
the costs of prosecution. Each day that the violation exists shall
constitute a separate offense.
(7)Â
Compliance with this section may be enforced by injunction, citation,
and abatement of nuisance or other appropriate and available remedy.
It shall not be necessary to prosecute for forfeiture before resorting
to injunctional proceedings.
A.Â
Board of Appeals. The Board of Appeals created pursuant to § 16-20 of the Municipal Code as authorized by §§ 62.23(7)(e) and 68.11, Wis. Stats., as amended from time to time:
(1)Â
Shall hear and decide appeals where it is alleged that there is error
in any order, decision or determination made by the Village in administering
this chapter;
(2)Â
Upon appeal, may authorize variances from the provisions of this
chapter which are not contrary to the public interest and where owing
to special conditions a literal enforcement of the provisions of this
chapter will result in unnecessary hardship;
(3)Â
Shall use the rules, procedures, duties and powers authorized by
statute in hearing and deciding appeals and authorizing variances;
and
B.Â
Who may appeal. Appeals to the Board of Appeals may be taken by any
aggrieved party.
A.Â
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 17, Article III, General Penalty, of this Code, in addition to the specific penalties provided in this chapter. A separate offense shall be deemed committed on each day on which a violation of this chapter occurs or continues.
B.Â
As a further remedy for violation of any provision of this chapter,
the Village Board hereby authorizes the Plumbing Inspector or designee
to take such remedial action on the property as is necessary to remedy
any such violation, and authorizes the Village Treasurer to place
the cost of such work, including all remedial and direct and indirect
costs on the property tax bills for the property in question as a
special charge for current services pursuant to § 66.0627,
Wis. Stats.
