[HISTORY: Adopted by the Town Board of the
Town of Grand Chute as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-7-1997 as Ch. 22 of the 1997 Code]
It is the purpose of this article to promote
the health, safety and welfare of the Town's citizens, property owners
and business operators by establishing the rules and regulations for
collecting, storing, treating and disposing of the Town's surface
water runoff.
This article is adopted under the authority
granted by § 60.77(5), Wis. Stats., and shall be known as
the "Town of Grand Chute Sanitary District No. 3 Ordinance."
Those elements of the system which provide for
the control of the Town's surface water runoff are of benefit and
provide services to all property within the Town of Grand Chute. including
those not currently served by the storm elements of the system. Therefore,
Sanitary District No. 3 shall encompass the entire Town of Grand Chute
as set forth in Exhibit A of the order creating the Town of Grand
Chute Sanitary District No. 3 dated September 2, 1997.
Unless the context specifically indicates otherwise,
the meaning of terms used in this article shall be as follows. "Shall"
is mandatory, while "may" is permissive.
Pursuant to this article and the functions of Sanitary District
No. 3 is defined by § 93.50(1), Wis. Stats.
Refers to the Grand Chute Sanitary District No. 3 Board of
Commissioners.
The property owner receiving bills for either a stormwater
user fee or special assessment.
Real property which has been altered from its natural state
by the addition of any improvements, which may include a building,
structure, impervious surface, change of grade or landscaping. For
new construction, a property shall be considered developed pursuant
to this article upon issuance of a building permit.
Refers to the person charged with carrying out the day-to-day
administrative and managerial functions of Sanitary District No. 3.
Refers to the Town of Grand Chute Sanitary District No. 3.
Real property developed prior to the enactment of this article.
Areas that have been paved, covered or compacted to inhibit
the natural infiltration of water into the soil or cause water to
run off the area in greater quantities or at an increased rate of
flow from that present under natural conditions as undeveloped property.
Such areas may include, but are not limited to, roofs, roof extensions,
patios, porches, driveways, sidewalks, pavement, gravel, athletic
courts and compacted surfaces. Excluded from this definition are undisturbed
land, lawns and fields.
Real property developed at any time after enactment of this
article.
Includes all property within the district limits not defined
as residential property. This includes, but is not limited to, agricultural,
commercial, industrial, institutional, governmental, and transient
rental property as well as churches and schools.
All costs incurred in the operation and maintenance of Sanitary
District No. 3 in accordance with standard Town accounting procedures.
The average impervious area of a single-family residential
developed property located within the Town of Grand Chute as established
by Commission resolution.
Any lot or parcel developed exclusively for residential purposes,
including but not limited to single-family homes, manufactured homes,
and multifamily dwellings, including apartment buildings, town homes
and condominiums.
The dollar amount charged on each REU as established by Commission
resolution.
The surface water, including rain and snow melt, that is
inhibited by impervious surfaces from naturally infiltrating into
soil.
Refers to the account designated herein to hold revenues,
interest and fees generated for purpose of carrying out the functions
of Sanitary District No. 3.
Refers to charges levied upon property in a limited and determinable
area for special benefits conferred upon such property by any municipal
work or improvement.
All constructed facilities or natural features used for collecting,
storing, and conducting stormwater to, through and from drainage areas
to the point of final outlet. Stormwater facilities collectively constitute
a stormwater system.
Real property left in or returned to a natural state without
any improvements such as a building, structure, impervious surface,
change of grade or landscaping.
Charges to property owners based on their property's classification
and current REU rate.
A.
Sanitary District No. 3 may acquire, construct, lease,
own, operate, maintain, extend, expand, replace, clean, dredge, repair,
conduct, manage and finance such facilities as are deemed by the District
to be proper and reasonably necessary for a system of surface water
management. These facilities may include, without limitation by enumeration,
surface and underground drainage facilities, sewers, watercourses,
retaining walls and ponds and such other facilities as will support
a stormwater management system.
B.
The Grand Chute Town Board of Supervisors shall serve
as the Sanitary District No. 3 Commission and exercise due authority
pursuant to §§ 60.74 through 60.79, Wis. Stats. This
includes the authority to fix and collect charges, levy special assessments,
lease or acquire any real and personal property that may be needed
for the purposes of surface water management, and enact and enforce
ordinances to implement this authority.
C.
The Town Administrator will serve as Director of Sanitary
District No. 3 if or until such time as the Commission designates
otherwise by resolution.
D.
Commissioners, the District Director, other authorized
employees of the Town or District, or its authorized agents shall
be permitted to enter upon all properties in the Town for the purpose
of inspection, observation, measurement, sampling, testing, construction
or enforcement of this article in accordance with laws governing the
authority of the Town.
A.
The cost of creating, operating and maintaining all
stormwater management systems and the financing of existing and necessary
repairs, replacement, improvements and extensions shall be born by
Sanitary District No. 3. Pursuant to its powers and duties under §§ 60.77
and 60.78, Wis. Stats., the District Commission may fix and collect
charges, levy special assessments, and borrow money or issue municipal
bonds to meet its obligations.
B.
User fee. Sanitary District No. 3 shall establish
fees upon all existing and new developments within its jurisdiction,
defined herein as a stormwater user fee. The fee will be designed
to collect the administrative, operational and maintenance costs of
the District and the portion of capital costs not covered by special
assessments.
(1)
The user fee will be based on the impervious area
associated with each developed parcel. The average imperious area
of the REU shall be established by Commission resolution.
(3)
The charges imposed for a single-family home shall
be the fee rate of one REU as established by resolution.
(4)
The Commission shall also establish by resolution
a method for determining the number of REUs for multifamily residential
property and a method for determining the number of REUs for nonresidential
property.
(5)
The number of REUs assigned to a property shall be
rounded to the nearest whole REU according to mathematical convention
(below 0.5 rounded down; 0.5 and greater rounded up).
C.
Special assessments. Pursuant to § 60.77(5)(f),
Wis. Stats., the Sanitary District may impose special assessments
on property that is in an area specifically benefited by a particular
stormwater management facility. Assessments will be based on the general
benefits received by that area as determined by the Commission.
(1)
Assessments will be developed for the benefits/services
received by a particular area that may not be appropriate to spread
to property throughout the Town.
A.
The REU equivalent area, the REU rate, and REU methods
and any future changes in those determinations shall be made by resolution.
B.
Stormwater user fees for existing development will
commence from the effective date of this article or at such time as
the Commission establishes an REU rate.
C.
Stormwater user fees for new development will commence
from the date of construction permit issuance. The property owner
shall be responsible for completing a Sanitary District No. 3 service
application form any time a building permit is issued (exclusive of
those issued to existing single-family residences).
D.
The Commission shall review these classifications
and determinations at least biannually and maintain its current settings
with the Town Clerk.
A.
Stormwater user fees shall be included with quarterly
water and sewer bills for properties receiving such bills. A bill
for Sanitary District No. 3 charges will be issued quarterly to properties
in Grand Chute not serviced by Town Sanitary Districts. All charges
and bills related to Sanitary District No. 3 shall be payable in accordance
with the procedures and penalties in effect for Sanitary District
bills.
B.
Bills for special assessments are subject to the provisions
of § 66.0703, Wis. Stats.
A.
It is the intent of Sanitary District No. 3 that all
developed property (existing and new) within the district boundaries
contribute to the operation, maintenance and improvement of the stormwater
management system in proportion to the runoff emanating from that
property.
B.
The Board of Commissioners may provide credits against
certain of the charges set forth above for facilities installed and
maintained by the property owner for the purpose of lessening the
surface water runoff from that given property.
C.
Credit will only be allowed for properties where structural
controls are maintained in fully functional condition and according
to maintenance criteria and design standards issued by the Sanitary
District.
D.
Customers seeking credit for private facilities must
file a written application with the Town Clerk on a form provided
by Sanitary District No. 3. Applications must include all information
necessary to fully explain the basis of the credit request, include
an amount the customer asserts is an appropriate credit, and be accompanied
by the appropriate application fee. The Commission shall, by resolution,
set a fee for residential and nonresidential applications for credit.
Application fees shall be set to reflect the cost to the Sanitary
District of inspecting and verifying subject facility. Current application
fees will be maintained with the Town Clerk.
E.
The Director shall review a submitted application
and recommend an action to the Commission within 90 days of receiving
the application. The Commission must notify the applicant in writing
of its decision within 30 days of receiving the Director's recommendation.
The Commission's determination regarding credit applications is final.
F.
In no event shall credit provided to an applicant
exceed 85% of the charges levied on the property. The remaining 15%
represents that portion of the charges attributed to administering
the Sanitary District for the benefit of the entire community.
G.
Sanitary District No. 3 reserves the right to inspect
periodically all stormwater facilities for which a credit has been
given to ascertain whether they are operating properly. If such a
facility fails to operate properly, the Director shall issue an order
to repair the facility. If the repairs are not completed within 60
days of the Director's order, the Director may issue an order eliminating
or reducing credits to an appropriate level. Any such facility shall
not be eligible to reapply for credit for a period of 24 months following
any credit reduction or elimination ordered by the Director.
H.
The issuance of any building permit or other action
which changes or intensifies the existing land development or a nonresidential
property shall be cause for an adjustment of the charges or credits
on that property. It is the property owner's obligation to inform
the Director in writing of any such changes. Failure to inform the
Director within 60 days of the permit issuance or land development
change may result in an increase in charges on or the elimination
or reduction of credit to the subject property by resolution of the
Commission.
A.
The stormwater user fee may be appealed by filing
a written appeal with the Town Clerk prior to the user fee due date
as set out on the utility bill or within 30 days of payment after
the due date.
B.
Any appeal shall include a survey prepared by a land
surveyor showing impervious surface area, total parcel area, the amount
of user fee the customer asserts is appropriate, and other information
pertaining to the appeal. Failure to file an appeal within 30 days
of payment waives all right to later appeal the user fee.
C.
The Director of the Sanitary District will review
written appeals for conformity with the procedures for appeal described
herein and recommend an action to the Board of Commissioners to uphold,
modify or deny the appeal. The Commission will have 30 days to act
upon receiving the Director's recommendation. The Commission will
make a determination to uphold, modify or deny the appeal. The Commission
may act with or without a hearing and will inform the customer in
writing of its decision. The Commission's determination is final.
D.
The amount associated with a successful appeal will
be credited in full or in part to successive future bills until such
time as the appealed amount is returned. The entire amount may be
refunded at the discretion of the Director.
E.
The filing of a written appeal does not remove the
customer from an obligation to pay the user fee under appeal. All
appealed user fees are subject to the terms of payments specified
elsewhere in this article.
F.
Special assessments may be appealed in accordance
with § 66.0703(12), Wis. Stats.
A.
Failure to pay a stormwater user fee or special assessment
when due shall constitute a violation of this article and is subject
to the penalties in effect for water and sewer bills issued by the
Town of Grand Chute Sanitary District No. 1 and No. 2.
B.
Easements intended for periodic or occasional use
as conductors for the flow of surface water runoff shall be maintained
in an unobstructed condition by the owners of the properties they
cross. When specified, as by restrictive covenant, the Sanitary District
shall have the right to determine if any obstruction exists and to
repair and maintain, or require such repair and maintenance by the
property owner, as shall be reasonably necessary to keep the conductors
unobstructed.
C.
It shall be a violation of this article to connect
or outlet, either directly or indirectly, any discharge line or sewer
carrying anything other than stormwater, surface water runoff, or
groundwater to a stormwater sewer, ditch or conveyance structure.
D.
It shall be a violation of this article to dump or
dispose of junk, rubbish, trash, garbage, yard waste, household waste,
industrial waste or debris in a stormwater sewer, ditch, or conveyance
structure.
F.
Any person violating or failing to comply with the
provisions of this article shall, upon conviction thereof, forfeit
an amount as prescribed in the Uniform Forfeiture and Bond Schedules
plus the cost of prosecution for each violation and in default of
payment of such forfeiture and costs shall be imprisoned in the county
jail until payment thereof, but not exceeding 30 days. Each violation
and each day a violation exists or continues shall constitute a separate
offense. In addition, the remedies authorized by §§ 236.30,
236.31 and 235.32, Wis. Stats., shall be available to the Town.
A.
All revenues and interest earned and fees collected
for stormwater service and special assessments shall be deposited
in a segregated fund titled "Sanitary District No. 3 Fund."
B.
Disbursements from this fund will be authorized by
the Board of Commissioners and will be used exclusively for the operation,
maintenance and improvement of the Town's stormwater system.
C.
The fund shall not revert to any other Town district
or general fund and may not be transferred for any other purpose,
including to avoid a default on bonds not issued by Sanitary District
No. 3.
D.
The Sanitary District shall prepare an annul budget,
which is to include all operation and maintenance costs, debt service
and other costs related to the operation of the Sanitary District.
The budget is subject to approval by the Board of Commissioners.
E.
Any excess of revenues over expenditures in a year
will be retained by the stormwater fund.
[Adopted 9-5-2017 by Ord.
No. 2017-14[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
II, Stormwater Management, adopted 1-7-1997 as Ch. 26 of the 1997
Code, as amended.
A.
This article is adopted by the Town of Grand Chute Board under the
authority granted by § 60.627, Wis. Stats. This article
supersedes all provisions of an ordinance previously enacted in accordance
with § 60.62, Wis. Stats., that relate to post-construction
stormwater management regulations. Except as otherwise specified in
§ 60.627, Wis. Stats., the provisions in § 60.62,
Wis. Stats., apply to this article and to any amendments to this article.
B.
The provisions of this article are deemed not to limit any other
lawful regulatory powers of the same governing body.
C.
The Town of Grand Chute Board hereby designates the Plan Commission
and the Community Development Department to administer and enforce
the provisions of this article.
D.
The requirements of this article do not preempt more stringent stormwater
management requirements that may be imposed by any of the following:
The Town of Grand Chute Board finds that uncontrolled post-construction
stormwater 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 habitats by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
B.
Diminish the capacity of lakes and streams to support fish, aquatic
life, recreational uses, and water supplies 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 increasing
pollutant loads.
D.
Reduce the quality of groundwater by increasing pollutant loading.
E.
Threaten public health, safety, property and general welfare by overtaxing
storm sewers, drainageways, and other minor drainage facilities.
F.
Threaten public health, safety, property and general welfare by increasing
major flood peaks and volumes.
G.
Undermine floodplain management efforts by increasing the incidence
and levels of flooding.
A.
Purpose. The general purpose of this article is to establish long-term,
post-construction runoff management requirements that will diminish
the threats to public health, safety, welfare and the aquatic environment.
Specific purposes are to:
(1)
Further the maintenance of safe and healthful conditions.
(2)
Prevent and control the adverse effects of stormwater; prevent and
control soil erosion; prevent and control water pollution; protect
spawning grounds, fish and aquatic life; control building sites, placement
of structures and land uses; preserve ground cover and scenic beauty;
and promote sound economic growth.
(3)
Control exceedance of the safe capacity of existing drainage facilities
and receiving water bodies; prevent undue channel erosion; control
increases in the scouring and transportation of particulate matter;
and prevent conditions that endanger downstream property.
B.
Intent. It is the intent of the Town of Grand Chute Board that this
article regulates post-construction stormwater discharges to waters
of the state. This article may be applied on a site-by-site basis.
The Town of Grand Chute Board recognizes, however, that the preferred
method of achieving the stormwater performance standards set forth
in this article is through the preparation and implementation of comprehensive,
systems-level stormwater management plans that cover hydrologic units,
such as watersheds, on a municipal and regional scale. Such plans
may prescribe regional stormwater devices, practices or systems, any
of which may be designed to treat runoff from more than one site prior
to discharge to waters of the state. Where such plans are in conformance
with the performance standards developed under § 281.16,
Wis. Stats., for regional stormwater management measures and have
been approved by the Town of Grand Chute Board, it is the intent of
this article that the approved plan be used to identify post-construction
management measures acceptable for the community.
A.
Applicability.
(1)
Where not otherwise limited by law, this article applies to all post-construction sites, unless the site is otherwise exempt pursuant to § 463-16A(2).
(2)
A post-construction site that meets any of the following criteria
is exempt from the requirements of this article:
(a)
One- and two-family residential dwellings that are not part
of a larger common plan of development or sale and that result in
less than one acre of disturbance.
(b)
Nonpoint discharges from agricultural activity areas.
(c)
Nonpoint discharges from silviculture activities.
(d)
Mill and crush operations.
(3)
Notwithstanding the applicability requirements in § 463-16A(1), this article applies to post-construction sites of any size that, in the opinion of the administering authority, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter, or that endangers property or public safety.
B.
Jurisdiction. This article applies to post-construction sites within
the boundaries and jurisdiction of the Town of Grand Chute.
C.
Exclusions. This article is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.,
but also including the office of district attorney, which is subject
to the state plan promulgated or a memorandum of understanding entered
into under § 281.33(2), Wis. Stats.
D.
Maintenance of effort. For a redevelopment site where the land disturbing
construction activity will be replacing older development that was
subject to post-construction performance standards of this article
in effect on or after January 1, 2005, the responsible party shall
meet either the water quality, peak discharge, infiltration, protective
area, and petroleum sheen standards applicable to the older development
or the redevelopment standards of this article, whichever are more
stringent.
A.
For the purposes of this article, the following shall apply as indicated
throughout the article:
(1)
The word "person" includes a firm, association, organization, partnership,
trust, company or corporation as well as an individual.
(2)
The present tense includes the future tense, and the singular includes
plural.
(3)
The word "shall" is mandatory; the word "may" is permissive.
(4)
The word "used" or "occupied" also means intended, designed or arranged
to be used or occupied.
B.
ADEQUATE SOD or SELF-SUSTAINING VEGETATIVE COVER
ADMINISTERING AUTHORITY
AGRICULTURAL ACTIVITY AREA
AGRICULTURAL PRODUCTION AREA
ATLAS 14
AVERAGE ANNUAL RAINFALL
BEST MANAGEMENT PRACTICES
BUSINESS DAY
CEASE-AND-DESIST ORDER
COMBINED SEWER SYSTEM
COMMON PLAN OF DEVELOPMENT OR SALE
CONNECTED IMPERVIOUS
CONSTRUCTION SITE
DESIGN STORM
DEVELOPMENT
DIRECT CONDUITS TO GROUNDWATER
DIVISION OF LAND
DRY POND
EFFECTIVE INFILTRATION AREA
EROSION
EXCEPTIONAL RESOURCE WATERS
EXISTING DEVELOPMENT
EXTRATERRITORIAL
FILTERING LAYER
FINAL STABILIZATION
FINANCIAL GUARANTEE
GOVERNING BODY
GROUNDWATER
HIGH GROUNDWATER LEVEL OR SUBSURFACE SATURATION
HIGHWAY
HIGHWAY RECONDITIONING
HIGHWAY RECONSTRUCTION
HIGHWAY RESURFACING
IMPERVIOUS SURFACE
IMPERVIOUS SURFACE DISTURBANCE
INFILL
INFILTRATION
INFILTRATION SYSTEM
LAND DISTURBING CONSTRUCTION ACTIVITY
MAINTENANCE AGREEMENT
MAXIMUM EXTENT PRACTICABLE
MINOR RECONSTRUCTION OF A HIGHWAY
MSE4 DISTRIBUTION
NAVIGABLE WATERS and NAVIGABLE WATERWAY
NEW DEVELOPMENT
OFF SITE
ON SITE
ORDINARY HIGH-WATER MARK
OUTSTANDING RESOURCE WATERS
PEAK DISCHARGE
PERCENT FINES
PERFORMANCE STANDARD
PERMIT
PERMIT ADMINISTRATION FEE
PERVIOUS SURFACE
POLLUTANT
POLLUTION
POST-CONSTRUCTION SITE
POST-DEVELOPMENT
PRE-DEVELOPMENT
PREVENTIVE ACTION LIMIT
PROTECTIVE AREA
REDEVELOPMENT
RESPONSIBLE PARTY
ROUTINE MAINTENANCE
RUNOFF
SEDIMENT
SEPARATE STORM SEWER
SILVICULTURE ACTIVITIES
SITE
STOP-WORK ORDER
STORMWATER MANAGEMENT PLAN
STORMWATER MANAGEMENT SYSTEM PLAN
TARGETED PERFORMANCE STANDARD
TECHNICAL STANDARD
TOP OF CHANNEL
TOTAL MAXIMUM DAILY LOAD
TP-40
TR-55
TRANSPORTATION FACILITY
TYPE II DISTRIBUTION
WATERS OF THE STATE
WET POND
Definition of terms. For the purpose of this article, the following
terms are defined:
Maintenance of sufficient vegetation types and densities
such that the physical integrity of the streambank or lakeshore is
preserved. Self-sustaining vegetative cover includes grasses, forbs,
sedges and duff layers of fallen leaves and woody debris.
A governmental employee or their designees empowered under
§ 60.627, Wis. Stats., to administer this article. For the
purpose of this article, it is the Town of Grand Chute Community Development
Department, under guidance from the Plan Commission.
The part of the farm where there is planting, growing, cultivating
and harvesting of crops for human or livestock consumption and pasturing
or outside yarding of livestock, including sod farms and silviculture.
Practices in this area may include waterways, drainage ditches, diversions,
terraces, farm lanes, excavation, filling and similar practices. The
agricultural activity area does not include the agricultural production
area.
The part of the farm where there is concentrated production
activity or impervious surfaces. Agricultural production areas include
buildings, driveways, parking areas, feed storage structures, manure
storage structures, and other impervious surfaces. The agricultural
production area does not include the agricultural activity area.
The National Oceanic and Atmospheric Administration (NOAA)
Atlas 14 Precipitation-Frequency Atlas of the United States, Volume
8 (Midwestern States), published in 2013.
A typical calendar year of precipitation as determined by
the Wisconsin DNR for users of models such as SLAMM, P8, or equivalent
methodology. The average annual rainfall is chosen from a Wisconsin
DNR publication for the location closest to the municipality.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the state. Also referred to as "BMPs."
A day the office of the administering authority is routinely
and customarily open for business.
A court-issued order to halt land disturbing construction
activity that is being conducted without the required permit.
A system for conveying both sanitary sewage and stormwater
runoff.
A development or sale where multiple separate and distinct
land disturbing construction activities may be taking place at different
times on different schedules but under one plan. A common plan of
development or sale includes, but is not limited to, subdivision plats,
certified survey maps, and other developments.
An impervious surface connected to the waters of the state
via a separate storm sewer, an impervious flow path, or a minimally
pervious flow path.
An area upon which one or more land disturbing construction
activities occur, including areas that are part of a larger common
plan of development or sale.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall. The TP-40, Type II, twenty-four-hour
design storms for the Town of Grand Chute are: one-year, 2.2 inches;
two-year, 2.5 inches; five-year, 3.3 inches; ten-year, 3.8 inches;
twenty-five-year, 4.4 inches; fifty-year, 4.9 inches; and one-hundred-year,
5.3 inches. The Atlas 14, MSE4, twenty-four-hour design storms for
the Town of Grand Chute are: one-year, 2.14 inches; two-year, 2.45
inches; five-year, 3.01 inches; ten-year, 3.51 inches; twenty-five-year,
4.24 inches; fifty-year, 4.85 inches; and one-hundred-year, 5.50 inches.
Residential, commercial, industrial, institutional, or other
land uses and associated roads.
Wells, sinkholes, swallets, fractured bedrock at the surface,
mine shafts, nonmetallic mines, tile inlets discharging to groundwater,
quarries, or depressional groundwater recharge areas over shallow
fractured bedrock.
The creation, from one or more parcels or building sites,
of additional parcels or building sites where such creation occurs
at one time or through the successive partition within a five-year
period.
A stormwater detention facility with perennial vegetation
growth in the pond bottom. Water levels located above the pond bottom
and vegetation growth fluctuate in response to rainfall events. Dry
ponds are used for flood control, but not water quality treatment.
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
The process by which the land's surface is worn away by the
action of wind, water, ice or gravity.
Waters listed in § NR 102.11, Wis. Adm. Code.
Development in existence on January 1, 2005, or development
for which a stormwater permit in accordance with Subchapter III of
Ch. NR 216, Wis. Adm. Code, was received on or before January 1, 2005.
The unincorporated area within three miles of the corporate
limits of a first-, second-, or third-class city, or within 1.5 miles
of a fourth-class city or village.
Soil that has at least a three-foot deep layer with at least
twenty-percent fines; or at least a five-foot deep layer with at least
ten-percent fines; or an engineered soil with an equivalent level
of protection as determined by the administering authority for the
site.
The point in time when all land disturbing construction activities
at the construction site have been completed and that a uniform, perennial,
vegetative cover has been established, with a density of at least
70% of the cover, for the unpaved areas and areas not covered by permanent
structures, or that employ equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the administering
authority by the responsible party to assure that requirements of
the article are carried out in compliance with the stormwater management
plan.
Town Board of Supervisors, County Board of Supervisors, City
Council, Village Board of Trustees, or Village Council.
Waters of the state, as defined in § 281.01(18),
Wis. Stats., occurring in a saturated subsurface geological formation
of rock or soil.
Higher of either the elevation to which the soil is saturated
as observed as a free water surface in an unlined hole, or the elevation
to which the soil has been seasonally or periodically saturated as
indicated by soil color patterns throughout the soil profile, as defined
in Technical Standard 1002, Site Evaluation for Stormwater Infiltration.
Has the meaning given in § 340.01(22), Wis. Stats.
Has the meaning given in § 84.013(1)(b), Wis. Stats.
Has the meaning given in § 84.013(1)(c), Wis. Stats.
Has the meaning given in § 84.013(1)(d), Wis. Stats.
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 surfaces
that typically are impervious. Gravel surfaces are considered impervious,
unless specifically designed and constructed to encourage infiltration.
Any land disturbing construction activity in which any new
impervious surfaces are created or existing impervious surfaces are
redeveloped.
An undeveloped area of land or new development area located
within an existing urban sewer service area, surrounded by development
or development and natural or man-made features where development
cannot occur. Infill does not include any undeveloped area that was
part of a larger new development for which a stormwater permit in
accordance with Subchapter III of Ch. NR 216, Wis. Adm. Code, was
required to be submitted after January 1, 2005, to the Wisconsin Department
of Natural Resources or Wisconsin Department of Safety and Professional
Services (formerly Department of Commerce).
The entry and movement of precipitation or runoff into or
through 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.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover that may result in runoff and lead to an increase in soil
erosion and movement of pollutants into the municipal separate storm
sewer or waters of the state. Land disturbing construction activity
includes clearing and grubbing, demolition, excavating, pit trench
dewatering, filling and grading activities, and soil stockpiling.
Also referred to as "disturbance."
A legal document that provides for long-term maintenance
of stormwater management and best management practices.
The highest level of performance that is achievable, but
not equivalent to a performance standard identified within this article.
"Maximum extent practicable" applies when the permit applicant demonstrates
to the administering authority's satisfaction that a performance standard
is not achievable and that a lower level of performance is appropriate.
In making the assertion that a performance standard is not achievable
and that a level of performance different from the performance standard
is the maximum extent practicable, the permit applicant shall take
into account the best available technology, cost effectiveness, geographic
features, and other competing interests such as protection of public
safety and welfare, protection of endangered and threatened resources,
and preservation of historic properties. Also referred to as "MEP."
Reconstruction of a highway that is limited to 1.5 miles
in continuous or aggregate total length of realignment and that does
not exceed 100 feet in width of roadbed widening and that does not
include replacement of a vegetated drainage system with a nonvegetated
drainage system except where necessary to convey runoff under a highway
or private road or driveway.
A specific precipitation distribution developed by the USDA,
NRCS, using precipitation data from Atlas 14.
Has the meaning given in § 30.01(4m), Wis. Stats.
That portion of a post-construction site where impervious
surfaces are being created or expanded. Any disturbance where the
amount of impervious area for the post-development condition is greater
than the pre-development condition is classified as new development.
For purposes of this article, a post-construction site is classified
as new development, redevelopment, routine maintenance, or some combination
of these three classifications as appropriate.
Located outside the property boundary described in the permit
application.
Located within the property boundary described in the permit
application.
Has the meaning given in § NR 115.03(6), Wis. Adm.
Code.
Waters listed in § NR 102.10, Wis. Adm. Code.
The highest rate of stormwater flow that occurs at a specific
location and for a specific storm event. Peak discharge is measured
in cubic feet per second of stormwater flow.
The percentage of a given sample of soil that passes through
a No. 200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization by the administering authority to
the applicant, granting permission to conduct land disturbing construction
activity or to discharge post-construction runoff to waters of the
state.
A sum of money paid to the administering authority by the
permit applicant for the purpose of recovering the expenses incurred
by the authority in administering the permit.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, fields, parks, forests or other
similar vegetated areas are examples of surfaces that typically are
pervious.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
A construction site after the completion of land disturbing
construction activity and final site stabilization.
The extent and distribution of land cover types present after
the completion of land disturbing construction activity and final
site stabilization.
The extent and distribution of land cover types present before
the initiation of land disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
The meaning given in § NR 140.05(17), Wis. Adm.
Code.
An area of land that commences at the top of the channel
of lakes, streams and rivers, or at the delineated boundary of wetlands,
as measured horizontally from the top of the channel or delineated
wetland boundary to the closest impervious surface. For the purposes
of this article, a 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.
That portion of a post-construction site where existing impervious
surfaces from older development are being reconstructed, replaced,
or reconfigured to accommodate new development. Any disturbance where
the amount of impervious area for the post-development condition is
equal to or less than the pre-development (existing) condition is
classified as redevelopment. For purposes of this article, a post-construction
site is classified as new development, redevelopment, routine maintenance,
or some combination of these three classifications as appropriate.
Any entity holding fee title to a property or other person
contracted or obligated by other agreement to implement and maintain
post-construction stormwater BMPs.
That portion of a post-construction site where pre-development
impervious surfaces are being maintained to preserve the original
line and grade, hydraulic capacity, drainage pattern, configuration,
or purpose of the facility. Remodeling of buildings and resurfacing
of parking lots, streets, driveways, and sidewalks are examples of
routine maintenance, provided the lower 1/2 of the impervious surface's
granular base is not disturbed. The disturbance shall be classified
as redevelopment if the lower 1/2 of the granular base associated
with the pre-development impervious surface is disturbed or if the
soil located beneath the impervious surface is exposed. For purposes
of this article, a post-construction site is classified as new development,
redevelopment, routine maintenance, or some combination of these three
classifications as appropriate.
Stormwater or precipitation including rain, snow or ice melt
or similar water that moves on the land surface via sheet or channelized
flow.
Settleable solid material that is transported by runoff,
suspended within runoff, or deposited by runoff away from its original
location.
A conveyance or system of conveyances, including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria:
Activities including tree nursery operations, tree harvesting
operations, reforestation, tree thinning, prescribed burning, and
pest and fire control. Clearing and grubbing of an area of a construction
site is not a silviculture activity.
The entire area included in the legal description of the
property on which the land disturbing construction activity occurred.
An order issued by the administering authority that requires
all construction activity on the site be stopped.
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater following completion of the land disturbance
construction activity and after the site has undergone final stabilization.
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
A performance standard that will apply in a specific area
where additional practices beyond those contained in this article
are necessary to meet water quality standards. A total maximum daily
load is an example of a targeted performance standard.
A document that specifies design, predicted performance,
and operation and maintenance specifications for a material, device
or method.
An edge, or point on the landscape, landward from the ordinary
high-water mark of a surface water of the state, where the slope of
the land begins to be less than 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the initial
50 feet landward from the ordinary high-water mark, the top of the
channel is the ordinary high-water mark.
The amount of pollutants specified as a function of one or
more water quality parameters that can be discharged per day into
a water quality limited segment and still ensure attainment of the
applicable water quality standard. Also referred to as "TMDL."
The Technical Paper No. 40, Rainfall Frequency Atlas of the
United States, published in 1961.
The United States Department of Agriculture, Natural Resources
Conservation Service (previously Soil Conservation Service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986, which is incorporated by reference for this article.
A public street, a public road, a public highway, a railroad,
a public mass transit facility, a public-use airport, a public trail,
or any other public work for transportation purposes such as harbor
improvements under § 85.095(1)(b), Wis. Stats. Transportation
facility does not include building sites for the construction of public
buildings and buildings that are places of employment that are regulated
by the Wisconsin Department of Natural Resources pursuant to § 281.33,
Wis. Stats.
A rainfall type curve as established in the United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published 1973, which is incorporated by reference for this article.
The Type II curve is applicable to all of Wisconsin and represents
the most intense storm pattern.
Has the meaning given in § 283.01(20), Wis. Stats.
A stormwater detention facility with a permanent pool of
water in the pond bottom. Water levels located above the permanent
pool of water fluctuate in response to rainfall events. Wet ponds
are used for flood control and potentially for water quality. Wet
ponds are required to satisfy Code 1001 Wet Detention Pond Technical
Standard to receive water quality credit.
The following methods shall be used in designing and maintaining
the water quality, peak discharge, infiltration, protective area,
fueling/vehicle maintenance, and swale treatment components of stormwater
practices needed to meet the water quality standards of this article:
A.
Technical standards identified, developed or disseminated by the
Wisconsin Department of Natural Resources under Subchapter V of Ch.
NR 151, Wis. Adm. Code.
B.
Technical standards and guidance identified within the Town of Grand
Chute Stormwater Reference Guide.
C.
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 administering
authority.
D.
In this article, the following year and location has been selected
as average annual rainfall(s): Green Bay, 1969 (March 29 through November
25).
E.
Stormwater facilities located within an airport zoning district shall
be designed, operated, and maintained in conformance with Chapter
10 of the Outagamie County Code of Ordinances.
F.
Safety standards in addition to Ch. NR 151, Wis. Adm. Code. The following
additional standards shall apply to any wet pond constructed on a
parcel or site located in a residential zoning district or adjoining
a residential zoning district, a school, day-care facility, or similar
use:
(1)
To achieve water quality and peak discharge requirements, the applicant
may use a wet pond design as a stormwater treatment facility. The
wet pond design shall meet the following safety specifications:
(a)
Side slope to wet pond of 4:1 or flatter.
(b)
Underwater safety shelf measuring eight feet wide or more with
an average water depth of less than 18 inches.
(c)
Vegetation or plantings installed in the safety shelf and side
slope in accordance with Town specifications and policies.
(d)
Grating covers for all structure inlets and outlets greater
than six inches in size.
(2)
The stormwater treatment facility maintenance plan shall identify
the maintenance procedures for the vegetation so as to discourage
access to the wet pond.
(3)
If an applicant for a post-construction runoff permit cannot meet both the water quality and peak discharge standards and also the wet pond safety specifications described herein, the applicant shall at a minimum meet the water quality and peak discharge standards and submit a wet pond safety report. This report shall identify any variance from the safety specifications and identify any supplemental safety features that are incorporated into the design of the wet pond as a result. An applicant is not required to erect a fence around a wet pond; however, the applicant may include a fence in the safety features for the facility design. Any fence to be constructed as a wet pond safety feature shall be subject to the provisions of § 535-53 of the Town of Grand Chute Municipal Code and of Chapter 40 of the Outagamie County Code of Ordinances.
(4)
Ponds created for purposes other than stormwater management are exempt
from this article.
A.
Responsible party. The responsible party shall develop and implement
a post-construction stormwater management plan that incorporates the
requirements of this section.
B.
Plan. A written stormwater management plan shall be developed and implemented by the responsible party in accordance with § 463-21 of this article, and shall meet all other applicable requirements contained herein.
C.
Requirements. The stormwater management plan shall meet the following
minimum requirements to the maximum extent practicable:
(1)
Water quality. BMPs shall be designed, installed and maintained to
control pollutants carried in runoff from the post-construction site.
The design shall be based on the average annual rainfall, as compared
to no runoff management controls.
(a)
The following is required for a post-construction site adding
20,000 square feet or more of new impervious surfaces, and/or a site
with one acre or more of land disturbance.
[Amended 12-21-2021 by Ord. No. 2021-13]
[1]
Except as provided in § 463-19C(1)(a)[2], a pollutant reduction is required as follows:
|
Total Suspended Solids (TSS) and Total Phosphorus (TP) Reduction
| ||||||
|---|---|---|---|---|---|---|
|
New Development
|
Redevelopment
|
Routine Maintenance
| ||||
|
Watershed
|
TSS
|
TP
|
TSS
|
TP
|
TSS
|
TP
|
|
Apple Creek
|
80%
|
41%
|
52%
|
41%
|
52%
|
41%
|
|
Bear Creek
|
80%
|
83%
|
80%
|
83%
|
80%
|
83%
|
|
Fox River
|
80%
|
41%
|
72%
|
41%
|
72%
|
41%
|
|
Mud Creek
|
80%
|
48%
|
43%
|
48%
|
43%
|
48%
|
[2]
A pollutant reduction is not required for routine maintenance
areas that are part of a post-construction site with less than five
acres of disturbance.
(b)
Sites, including common plan of development sites, with a cumulative addition of 20,000 square feet or greater of impervious surfaces after January 1, 2005, are required to satisfy the performance standards pursuant to § 463-19C(1)(a)[1] and [2].
(c)
The amount of pollutant control previously required for the
site shall not be reduced as a result of the proposed development
or disturbance.
(d)
When designing BMPs, runoff draining to the BMP from off-site areas shall be taken into account in determining the treatment efficiency of the practice. Any impact on the BMP efficiency shall be compensated for by increasing the size of the BMP accordingly. The pollutant load reduction provided by the BMP for an off-site area shall not be used to satisfy the required on-site pollutant load reduction unless otherwise approved by the administering authority, in accordance with § 463-19E of this article.
(e)
If the design cannot meet the water quality performance standards of § 463-19C(1)(a) through (d), the stormwater management plan shall include a written, site-specific explanation of why the water quality performance standards cannot be met and why the pollutant load will be reduced only to the maximum extent practicable. Except as provided in § 463-19F, the administering authority may not require any person to exceed the applicable water quality performance standards to meet the requirements of maximum extent practicable.
(2)
Peak discharge. BMPs shall be designed, installed and maintained
to control peak discharges from the post-construction site.
(a)
The following is required for a post-construction site adding
20,000 square feet or more of new impervious surfaces, and/or a site
with one acre or more of land disturbance:
[Amended 12-21-2021 by Ord. No. 2021-13]
[1]
For a post-construction site adding less than 20,000 square
feet of new impervious surface, the peak post-development discharge
rate shall not exceed the peak pre-development discharge rate for
the one-year and two-year, twenty-four-hour design storms. For a post-construction
site adding 20,000 square feet or more of new impervious surface and/or
a post-construction site with one acre or more of land disturbance,
the peak post-development discharge rate shall not exceed the peak
pre-development discharge rate for the one-year, two-year, ten-year,
and one-hundred-year, twenty-four-hour design storms.
[2]
Peak discharge control is not required for routine maintenance
areas, except when runoff from the routine maintenance area discharges
into a proposed peak flow control facility.
[3]
Peak discharge calculations shall use TR-55 methodology. Atlas
14 rainfall depths and the MSE4 rainfall distribution shall be used
unless the site is to be served by a previously constructed peak discharge
facility. At the permittee's discretion, the TP-40 rainfall depths
and the Type II rainfall distribution can be used for sites that are
to be served by a previously constructed peak discharge facility.
The meaning of "hydrologic soil group" and "runoff curve number" are
as determined in TR-55. Unless the site is currently woodland, peak
pre-development discharge rates shall be determined using the following
runoff curve numbers for a meadow vegetative cover:
|
Maximum Pre-Development Runoff Curve Numbers
| ||||
|---|---|---|---|---|
|
Hydrologic Soil Group
| ||||
|
Vegetative Cover
|
A
|
B
|
C
|
D
|
|
Meadow
|
30
|
58
|
71
|
78
|
|
Woodland
|
30
|
55
|
70
|
77
|
(b)
Sites with a cumulative addition of 20,000 square feet or greater of impervious surfaces after January 1, 2005, are required to satisfy the performance standards pursuant to § 463-19C(2)(a)[1] through [3].
(c)
The amount of peak discharge control previously required for
the site shall not be reduced as a result of the proposed development
or disturbance.
(d)
When designing BMPs, runoff draining to the BMP from off-site areas shall be taken into account in determining the performance of the practice. Any impact on the BMP performance shall be compensated for by increasing the size of the BMP accordingly. The peak discharge reduction provided by the BMP for an off-site area shall not be used to satisfy the required on-site peak discharge reduction unless otherwise approved by the administering authority in accordance with § 463-19E of this article.
(e)
An adequate outfall shall be provided for each point of concentrated
discharge from the post-construction site and shall consist of:
[1]
Nonerosive discharge velocities and reasonable downstream conveyance.
[2]
Discharge to the municipal separate storm sewer system, waters
of the state, or an appropriate drainage easement. If a site is not
able to meet this requirement, an adequate outfall may be permitted
if it diffuses the discharge within the site boundary in accordance
with the Town of Grand Chute Stormwater Reference Guide.
(f)
New buildings with basements shall be designed to provide a
minimum one foot of vertical separation between the lowest floor surface
and the estimated high groundwater level. If less than one foot of
vertical separation is provided, groundwater flow shall be estimated
for each basement during site or subdivision design. In addition,
the on-site stormwater systems shall be designed to accommodate the
additional water flow and volume from groundwater.
(g)
New development sites that discharge into direct conduits to
groundwater shall be designed in conformance with Chapter 38 of the
Outagamie County Code of Ordinances.
(h)
New development sites located within a closed depression and/or
flood-prone area shall be designed to manage flood risks. The Town
of Grand Chute maintains a flood-prone area map to assist with identifying
higher risk areas. A detailed stormwater analysis shall be performed
to manage flooding risks. The site shall be designed and analyzed
to provide the following:
[Amended 4-6-2023 by Ord. No. 2023-05]
[1]
No increase in two-, ten-, and 100-year water surface elevations
within adjacent drainage systems and properties due to filling natural
storage areas within the development site.
[2]
At building and structure perimeters, the finished ground surface
elevation shall be at least one foot above the 100-year water surface
elevation for at least 15 feet beyond the building and structure perimeter.
The 100-year water surface elevation shall be calculated if not available.
[3]
The first floor elevation of buildings and structures shall be at
least two feet above the 100-year water surface elevation. The 100-year
water surface elevation shall be calculated if not available.
(i)
Agricultural production areas shall meet the intent of this
article by following the BMPs listed in the Town of Grand Chute Stormwater
Reference Guide.
(j)
Exemptions. The peak discharge performance standards described
herein do not apply to the following:
[1]
A transportation facility where the discharge is directly into
a lake of over 5,000 acres or a stream or river segment draining more
than 500 square miles.
[2]
Except as provided in § 463-19C(2)(c) through (e), a highway reconstruction site.
[3]
Except as provided in § 463-19C(2)(c) through (e), a transportation facility that is part of a redevelopment project.
(3)
Infiltration. BMPs shall be designed, installed, and maintained to infiltrate runoff from the post-construction site, except as provided in § 463-19C(3)(h) through (l) of this article.
(a)
The following is required for a post-construction site with
one acre or more of land disturbance:
[1]
Low imperviousness. For development with up to 40% connected
imperviousness, such as parks, cemeteries, and low-density residential
development, infiltrate sufficient runoff volume so that the post-development
infiltration volume shall be at least 90% of the pre-development infiltration
volume, based on an average annual rainfall. However, when designing
appropriate infiltration systems to meet this requirement, no more
than 1% of the post-construction site is required as an effective
infiltration area.
[2]
Moderate imperviousness. For development with more than 40%
and up to 80% connected imperviousness, such as medium- and high-density
residential, multifamily development, industrial and institutional
development, and office parks, infiltrate sufficient runoff volume
so that the post-development infiltration volume shall be at least
75% of the pre-development infiltration volume, based on an average
annual rainfall. However, when designing appropriate infiltration
systems to meet this requirement, no more than 2% of the post-construction
site is required as an effective infiltration area.
[3]
High imperviousness. For development with more than 80% connected
imperviousness, such as commercial districts and retail centers, infiltrate
sufficient runoff volume so that the post-development infiltration
volume shall be at least 60% of the pre-development infiltration volume,
based on an average annual rainfall. However, when designing appropriate
infiltration systems to meet this requirement, no more than 2% of
the post-construction site is required as an effective infiltration
area.
(b)
Pre-development condition shall assume good hydrologic conditions
for appropriate land covers as identified in TR-55 or an equivalent
methodology approved by the administering authority. The meaning of
"hydrologic soil group" and "runoff curve number" are as determined
in TR-55. The actual pre-development vegetative cover and the following
pre-development runoff curve numbers shall be used:
|
Maximum Pre-Development Runoff Curve Numbers
| ||||
|---|---|---|---|---|
|
Hydrologic Soil Group
| ||||
|
Vegetative Cover
|
A
|
B
|
C
|
D
|
|
Woodland
|
30
|
55
|
70
|
77
|
|
Grassland
|
39
|
61
|
71
|
78
|
|
Cropland
|
55
|
69
|
78
|
83
|
(c)
Sites with a cumulative addition of 20,000 square feet or greater of impervious surfaces after January 1, 2005, are required to satisfy the performance standards pursuant to § 463-19C(3)(a) and (b) of this article.
(d)
The amount of infiltration previously required for the site
shall not be reduced as a result of the proposed development or disturbance.
(e)
Agricultural production areas shall infiltrate runoff volume
using BMPs from the Town of Grand Chute Stormwater Reference Guide.
(f)
When designing BMPs, runoff draining to the BMP from off-site areas shall be taken into account in determining the performance of the practice. Any impact on the BMP performance shall be compensated for by increasing the size of the BMP accordingly. The runoff volume reduction provided by the BMP for an off-site area shall not be used to satisfy the required on-site runoff volume reduction unless otherwise approved by the administering authority, in accordance with § 463-19E of this article.
(g)
Pretreatment. Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from 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 § 463-19C(3)(n). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(h)
Source area prohibitions. Runoff from the following areas may not be infiltrated and may not qualify as contributing toward meeting the requirements of § 463-19C(3), unless demonstrated to meet the conditions of § 463-19C(3)(n):
[1]
Areas associated with a Tier 1 industrial facility, as identified
in § NR 216.21(2)(a), Wis. Adm. Code, including storage,
loading, and parking. Rooftops may be infiltrated with the concurrence
of the administering authority.
[2]
Storage and loading areas of a Tier 2 industrial facility, as
identified in § NR 216.21(2)(b), Wis. Adm. Code.
[3]
Fueling and vehicle maintenance areas. Rooftops of fueling and
vehicle maintenance areas may be infiltrated with the concurrence
of the administering authority.
[4]
Agricultural production areas that contain livestock, animal
waste, or feed storage.
(i)
Source area exemptions. Runoff from the following areas may
be credited by the administering authority toward meeting the requirement
when infiltrated, but the decision to infiltrate runoff from these
sources is optional:
[1]
Parking areas and access roads of less than 5,000 square feet
for commercial development.
[2]
Parking areas and access roads of less than 5,000 square feet for industrial development not subject to the prohibitions in § 463-19C(3)(h) of this article.
[3]
Except as provided in § 463-19C(3)(d), redevelopment and routine maintenance areas.
[4]
Infill development areas of less than five acres.
[5]
Roads in commercial, industrial and institutional land uses,
and arterial residential roads.
[6]
Except as provided in § 463-19C(3)(d), transportation facilities, highway reconstruction and new highways.
(j)
Prohibitions. Infiltration practices may not be located in the
following areas:
[1]
Areas within 1,000 feet upgradient or within 100 feet downgradient
of direct conduits to groundwater.
[2]
Areas within 400 feet of a community water system well as specified
in § NR 811.16(4), Wis. Adm. Code, or within the separation
distances listed in § NR 812.08, Wis. Adm. Code, for any
private well or noncommunity well for runoff infiltrated from commercial
development, including multifamily residential, industrial, and institutional
land uses, or regional devices for one- and two-family residential
development.
[3]
Areas where contaminants of concern, as defined in § NR
720.03(2), Wis. Adm. Code, are present in the soil through which infiltration
will occur.
(k)
Separation distances.
[1]
Infiltration practices shall be located so that the characteristics
of the soil and the separation distance between the bottom of the
infiltration system and the elevation of seasonal high groundwater
or the top of bedrock are in accordance with the following:
|
Separation Distances and Soil Characteristics
| ||
|---|---|---|
|
Source Area
|
Separation Distance
|
Soil Characteristics
|
|
Industrial, commercial, institutional parking lots and roads
|
5 feet or more
|
Filtering layer
|
|
Residential arterial roads
|
5 feet or more
|
Filtering layer
|
|
Roofs draining to subsurface infiltration practices
|
1 foot or more
|
Native or engineered soil with particles finer than coarse sand
|
|
Roofs draining to surface infiltration practices
|
Not applicable
| |
|
All other impervious source areas
|
3 feet or more
|
Filtering layer
|
[2]
Notwithstanding the provisions in § 463-19C(3)(k)[1], applicable requirements for injection wells classified under Ch. NR 815, Wis. Adm. Code, shall be followed.
(l)
Infiltration rate exemptions. Infiltration practices located
in the following areas may be credited by the administering authority
toward meeting the requirement under the following conditions, but
the decision to infiltrate runoff under these conditions is optional:
[1]
Where the infiltration rate of the soil measured at the proposed
bottom of the infiltration system is less than 0.6 inch per hour,
using a scientifically credible field test method.
[2]
Where the least permeable soil horizon to five feet below the
proposed bottom of the infiltration system, using the United States
Department of Agriculture method of soils analysis, is one of the
following: sandy clay loam, clay loam, silty clay loam, sandy clay,
silty clay, or clay.
(m)
Alternate uses. Where alternate uses of runoff are employed, such as for toilet flushing, laundry, irrigation, or storage on green roofs where an equivalent portion of the runoff is captured permanently by rooftop vegetation, such alternate use shall be given equal credit toward the infiltration volume required in § 463-19C(3) of this article.
(n)
Groundwater standards.
[1]
Infiltration systems designed in accordance with § 463-19C(3) shall, to the extent technically and economically feasible, minimize the level of pollutants infiltrating to groundwater and shall maintain compliance with the preventive action limit at a point of standards application in accordance with Ch. NR 140, Wis. Adm. Code. However, if site-specific information indicates that compliance with a preventive action limit is not achievable, the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable.
[2]
Notwithstanding the provisions in § 463-19C(3)(n)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
(o)
Where the requirements in § 463-19C(3)(h) through (l) limit or restrict the use of infiltration practices, the performance standards pursuant to § 463-19C(3) shall be met to the maximum extent practicable.
(4)
Protective areas.
(a)
Protective areas are required adjacent to the following natural
features, at the widths specified herein:
[1]
For outstanding resource waters and exceptional resource waters:
75 feet.
[2]
For perennial and intermittent streams identified on a United
States geological survey 7.5-minute series topographic map, or a county
soil survey map, whichever is more current: 50 feet.
[3]
For lakes: 50 feet.
[4]
For highly susceptible wetlands: 75 feet. Highly susceptible
wetlands include the following types: calcareous fens, sedge meadows,
open and coniferous bogs, low prairies, coniferous swamps, lowland
hardwood swamps, and ephemeral ponds.
[5]
For less susceptible wetlands: 10% of the average wetland width,
but no less than 10 feet nor more than 30 feet. Less susceptible wetlands
include: degraded wetlands dominated by invasive species such as reed
canary grass; cultivated hydric soils; and any gravel pits, or dredged
material or fill material disposal sites that take on the attributes
of a wetland.
[6]
For all other wetlands not subject to the characterization in § 463-19C(4)(a)[4] or [5]: 50 feet.
[7]
For concentrated flow channels with drainage areas greater than
130 acres: 10 feet.
[8]
Notwithstanding the provisions in § 463-19C(4)(a)[1] through [7], the greatest protective area width shall apply where rivers, streams, lakes, and wetlands are contiguous.
(b)
Wetlands shall be delineated. Wetland boundary delineations shall be made in accordance with § NR 103.08(1m), Wis. Adm. Code. A copy of the wetland delineation report shall be provided to the Town. All wetland delineation boundaries shall be provided to the Town in one of the following formats: Shapefile or AutoCAD® file. The requirements in § 463-19C(4) do not apply to wetlands that have been completely filled in compliance with all applicable state and federal regulations. The protective area for wetlands that have been partially filled in compliance with all applicable state and federal regulations shall be measured from the wetland boundary delineation after fill has been placed. Where there is a legally authorized wetland fill, the protective area standard need not be met in that location.
[Amended 12-21-2021 by Ord. No. 2021-13]
(c)
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.
(d)
The requirements in § 463-19C(4) apply to all post-construction sites located within a protective area, except those areas exempted pursuant to § 463-19C(4)(g) in this article.
(e)
The following protective area requirements shall be met:
[1]
Impervious surfaces shall be kept out of the protective area
entirely or to the maximum extent practicable. If there is no practical
alternative to locating an impervious surface in the protective area,
the stormwater management plan shall contain a written, site-specific
explanation.
[2]
Where land disturbing construction activity occurs within a
protective area, adequate sod or self-sustaining vegetative cover
of 70% or greater shall be established and maintained in areas where
no impervious surface is present. The adequate sod or self-sustaining
vegetative cover shall be sufficient to provide for bank stability,
maintenance of fish habitat, and filtering of pollutants from upslope
overland flow areas under sheet flow conditions. Nonvegetative materials,
such as rock riprap, may be employed on the bank as necessary to prevent
erosion, such as on steep slopes or where high velocity flows occur.
[3]
BMPs such as filter strips, swales, or wet detention ponds,
which are designed to control pollutants from nonpoint sources, may
be located in the protective area.
(f)
A protective area established or created after January 1, 2005, shall not be eliminated or reduced, except as allowed in § 463-19C(4)(g)[2], [3], or [4] in this article.
(g)
Exemptions. The following areas are not required to meet the protective area requirements in § 463-19C(4):
[1]
Redevelopment and routine maintenance areas, provided the minimum requirements in § 463-19C(4)(f) are satisfied.
[2]
Structures that cross or access surface waters, such as boat
landings, bridges and culverts.
[3]
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.
[4]
Areas of post-construction sites from which the runoff does not enter the surface water, including wetlands, without first being treated by a BMP to meet the requirements of § 463-19C(1) and (2), except to the extent that vegetative ground cover is necessary to maintain bank stability.
[5]
Notwithstanding the provisions in § 535-53 of the Town of Grand Chute Municipal Code and Chapter 40 of the Outagamie County Code of Ordinances, the construction of a fence on a property zoned or used for single-family residential or two-family residential purposes is not required to meet the protective area requirements in § 463-19C(4)(a)[4] through [6]; however, any such fence shall be constructed and placed a minimum distance of one foot from any wetland boundary delineation.
(5)
Fueling and vehicle maintenance areas. Fueling and vehicle maintenance
areas shall have BMPs designed, installed and maintained to reduce
petroleum within runoff, so that the runoff that enters waters of
the state contains no visible petroleum sheen, or to the maximum extent
practicable.
(6)
Swale treatment for transportation facilities. Except for transportation
facilities that are part of a larger common plan of development or
sale, the following requirements shall be met:
(a)
Requirement. Except as provided in § 463-19C(6)(b), transportation facilities that use swales for runoff conveyance and pollutant removal are exempt from the requirements of § 463-19C(1) through (3), if the swales are designed to do all of the following, or to the maximum extent practicable:
[1]
Swales shall be vegetated. However, where appropriate, nonvegetative
measures may be employed to prevent erosion or provide for runoff
treatment, such as rock riprap stabilization or check dams.
[2]
Swales shall comply with the Wisconsin Department of Natural
Resources Technical Standard 1005, Vegetated Infiltration Swale, except
as otherwise authorized in writing by the Wisconsin Department of
Natural Resources.
(b)
Other requirements. Notwithstanding the requirements in § 463-19C(6)(a), the administering authority may, consistent with water quality standards, determine that other requirements, in addition to swale treatment, be met on a transportation facility with an average daily traffic rate greater than 2,500 and where the initial surface water of the state at which the runoff directly enters is any of the following:
[1]
An outstanding resource water.
[2]
An exceptional resource water.
[3]
Waters listed in Section 303(d) of the federal Clean Water Act
that are identified as impaired in whole or in part, due to nonpoint
source impacts.
[4]
Waters where targeted performance standards are developed pursuant
to § NR 151.004, Wis. Adm. Code.
(7)
Exemptions. The following areas are not required to meet the performance standards in § 463-19C:
(a)
Underground utility construction such as water, sewer, gas,
electric, telephone, cable television, and fiber optic lines. This
exemption does not apply to the construction of any aboveground structures
associated with utility construction.
(b)
The following transportation facilities are exempt, provided
the transportation facility is not part of a larger common plan of
development or sale.
[1]
A transportation facility post-construction site with less than ten-percent connected imperviousness, based on the area of land disturbance, provided the cumulative area of all impervious surfaces is less than one acre. Notwithstanding this exemption, the protective area requirements in § 463-19C(4) still apply.
[2]
Reconditioning or resurfacing of a highway.
[3]
Minor reconstruction of a highway. Notwithstanding this exemption, the protective area requirements in § 463-19C(4) still apply.
[4]
Routine maintenance for transportation facilities that have
less than five acres of land disturbance if performed to maintain
the original line and grade, hydraulic capacity or original purpose
of the facility.
[5]
Routine maintenance, if performed for stormwater conveyance
system cleaning.
D.
General considerations. The following considerations for on-site
and off-site stormwater management measures shall be observed in managing
runoff:
(1)
Natural topography and land cover features, such as natural swales,
natural depressions, native soil infiltrating capacity, and natural
groundwater recharge areas, shall be preserved and used, to the extent
possible, to meet the requirements of this section.
(2)
Emergency overland flow for all stormwater facilities shall be provided
to prevent exceeding the safe capacity of downstream drainage facilities
and prevent endangerment of downstream property or public safety.
E.
BMP location and credit.
(1)
General. To comply with the performance standards in § 463-19C, the BMPs may be located on site or off site as part of a regional stormwater device, practice or system.
(2)
Off-site or regional BMP.
(a)
The amount of credit that the administering authority may give an off-site or regional BMP for purposes of determining compliance with the performance standards in § 463-19C is limited to the treatment capability or performance of the BMP.
(b)
The administering authority may authorize credit for an off-site
or regional BMP, provided all of the following conditions are satisfied:
[1]
The BMP received all applicable permits.
[2]
The BMP shall be installed and operational before the construction
site has undergone final stabilization.
[3]
The BMP shall be designed and adequately sized to provide a level of stormwater control equal to or greater than that which would be afforded by on-site BMPs meeting the performance standards in § 463-19C of this article.
[4]
The owner of the BMP has entered into a maintenance agreement with the administering authority, as provided in § 463-22, such that the BMP has a legally obligated entity responsible for its long-term operation and maintenance. Legal authority exists if a municipality owns, operates and maintains the BMP.
[5]
The owner of the BMP has provided written authorization that indicates the permittee may use the BMP in compliance with the performance standards in § 463-19C of this article.
[6]
Where an off-site or regional BMP option exists such that the
administering authority exempts the owner from meeting all or part
of the minimum on-site stormwater management requirements, the owner
shall be required to pay a fee in an amount determined in negotiation
with the administering authority. In determining the fee for post-construction
runoff, the administering authority shall consider an equitable distribution
of the cost for land, engineering design, construction, and maintenance
of the off-site or regional BMP.
(3)
BMP in nonnavigable waters. For purposes of determining compliance with the performance standards in § 463-19C, the administering authority may give credit for BMPs that function to provide treatment for runoff from existing development and post-construction runoff from new development, redevelopment, and routine maintenance areas and that are located within nonnavigable waters.
(4)
BMP in navigable waters.
(a)
New development runoff. Except as provided in § 463-19E(4)(b), BMPs designed to treat post-construction runoff from new development areas may not be located in navigable waters, and for purposes of determining compliance with the performance standards in § 463-19C, the administering authority may not give credit for such BMPs.
(b)
New development runoff exemption. BMPs designed to treat post-construction runoff from new development areas may be located within navigable waters and may be creditable by the administering authority under the provisions in § 463-19C, if both of the following conditions are met:
(c)
Existing development and post-construction runoff from redevelopment, routine maintenance, and infill development areas. Except as provided in § 463-19E(4)(d), BMPs designed to treat post-construction runoff for existing development and post-construction runoff from redevelopment, routine maintenance and infill development areas may not be located in navigable waters, and for purposes of determining compliance with the performance standards in § 463-19C, the administering authority may not give credit for such BMPs.
(d)
Existing development and post-construction runoff from redevelopment, routine maintenance, and infill development areas exemption. BMPs that function to provide treatment of runoff from existing development and post-construction runoff from redevelopment, routine maintenance and infill development areas may be located within navigable waters, and for purposes of determining compliance with the performance standards in § 463-19C, the administering authority may give credit for such BMPs, if either of the following are met:
(5)
Water quality trading. To comply with the performance standards in § 463-19C(1), the administering authority may authorize credit for water quality trading, provided all of the following conditions are satisfied:
(a)
The treatment practices associated with a water quality trade
shall be in place, effective and operational before credit can be
authorized.
(b)
The water quality trade shall comply with applicable trading
ratios established by the Wisconsin Department of Natural Resources
or the Town of Grand Chute.
(c)
The water quality trade shall comply with applicable regulations,
standards, and guidance developed by the Wisconsin Department of Natural
Resources or the Town of Grand Chute.
(d)
The responsible party shall furnish a copy of executed water
quality trading agreements or other related information deemed necessary
by the administering authority in order to authorize credit.
F.
Targeted performance standards. The administering authority may establish numeric water quality requirements that are more stringent than those set forth in § 463-19C in order to meet targeted performance standards, total maximum daily loads, and/or water quality standards for a specific water body or area. The numeric water quality requirements may be applicable to any permitted site, regardless of the size of land disturbing construction activity.
G.
Alternate requirements. The administering authority may establish
stormwater management requirements more stringent than those set forth
in this article if the administering authority determines that an
added level of protection is needed to protect sensitive resources.
Also, the administering authority may establish stormwater management
requirements less stringent than those set forth in this article if
the administering authority determines that less protection is needed
to protect sensitive resources and provide reasonable flood protection.
However, the alternative requirements shall not be less stringent
than those requirements promulgated in rules by Wisconsin Department
of Natural Resources Ch. NR 151, Wis. Adm. Code. The established additional
requirements shall be provided to the applicant in writing.
A.
Permit required. No responsible party may undertake a land disturbing
construction activity without receiving a post-construction runoff
permit from the administering authority prior to commencing the proposed
activity.
B.
Permit application and fees. Unless specifically excluded by this
article, any responsible party desiring a permit shall submit to the
administering authority a permit application made on a form provided
by the administering authority for that purpose.
(1)
Unless otherwise excepted by this article, a permit application must
be accompanied by a stormwater management plan, a maintenance agreement
and a nonrefundable permit administration fee.
(2)
The stormwater management plan shall be prepared to meet the requirements in §§ 463-19 and 463-21; the maintenance agreement shall be prepared to meet the requirements in § 463-22; the financial guarantee shall meet the requirements in § 463-23; and fees shall be those established by the Town of Grand Chute Board as set forth in § 463-24 of this article.
C.
Review and approval of permit application. The administering authority
shall review any permit application that is submitted with a stormwater
management plan, maintenance agreement, and the required fee. The
following approval procedure shall be used:
(1)
If the stormwater permit application, plan and maintenance agreement are approved, or if an agreed-upon payment of fees in lieu of stormwater management practices is made pursuant to § 463-19E, the administering authority shall issue the permit.
(2)
If the stormwater permit application, plan or maintenance agreement
is disapproved, the administering authority shall detail, in writing,
the reasons for disapproval.
(3)
The administering authority may request additional information from
the applicant. If additional information is submitted, the administering
authority shall inform the applicant that the plan and maintenance
agreement are either approved or disapproved.
D.
Permit requirements. All permits issued under this article shall be subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions. The administering authority may suspend or revoke a permit for violation of a permit condition, following written notification to the responsible party. An action by the administering authority to suspend or revoke this permit may be appealed in accordance with the provisions in § 463-26 of this article.
(1)
Compliance with this permit does not relieve the responsible party
of the obligation to comply with all other applicable federal, state,
and local laws and regulations.
(2)
The responsible party shall design and install all structural and
nonstructural stormwater management measures in accordance with the
approved stormwater management plan and this permit.
(3)
The responsible party shall notify the administering authority at least 10 business days before commencing any work in conjunction with the stormwater management plan and within 10 business days upon completion of the stormwater management practices. If required as a special condition pursuant to § 463-20E, the responsible party shall make additional notification according to a schedule set forth by the administering authority so that practice installations can be inspected during construction.
(4)
Practice installations required as part of this article shall be
certified "as built" by a licensed professional engineer. Completed
stormwater management practices must pass a final inspection by the
administering authority or its designee to determine if they are in
accordance with the approved stormwater management plan and this article.
The administering authority or its designee shall notify the responsible
party, in writing, of any changes required in such practices to bring
them into compliance with the conditions of this permit.
(5)
The responsible party shall notify the administering authority of
any significant modifications it intends to make to an approved stormwater
management plan. The administering authority 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 inspect BMPs annually and after runoff
events in accordance with the stormwater management plan and maintenance
agreement. The responsible party shall have a licensed professional
engineer submit a stamped written inspection report to the administering
authority for review and approval every five years. All written inspection
reports prepared by the responsible party shall accompany the stamped
report prepared by the licensed professional engineer.
(7)
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 Town of Grand Chute or are
transferred to subsequent private owners as specified in the approved
maintenance agreement.
(8)
The responsible party authorizes the administering authority 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 the provisions in § 463-23 of this article.
(9)
If so directed by the administering authority, the responsible party
shall repair, at the responsible party's own expense, all damage to
adjoining municipal facilities and drainageways caused by runoff,
where such damage is caused by activities that are not in compliance
with the approved stormwater management plan.
(10)
The responsible party shall permit property access to the administering
authority or its designee for the purpose of inspecting the property
for compliance with the approved stormwater management plan and this
permit.
(11)
Where site development or redevelopment involves changes in
direction, increases in peak rate and/or total volume of runoff from
a site, the administering authority may require the responsible party
to make appropriate legal arrangements with affected property owners
concerning the prevention of endangerment to property or public safety.
(12)
The responsible party is subject to the enforcement actions and penalties provided in § 463-25 if the responsible party fails to comply with the terms of this permit.
(13)
The permit applicant shall post the certificate of permit coverage
in a conspicuous location at the construction site.
F.
Permit duration. Permits issued under this subsection shall be valid from the date of issuance through the date the administering authority notifies the responsible party that all stormwater management practices have passed the final inspection required under the provisions in § 463-20D(4) of this article.
G.
Alternate requirements. The administering authority may prescribe alternative requirements for applicants seeking an exemption from the on-site stormwater management performance standards in § 463-19E, or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.
A.
Plan requirements. The stormwater management plan required under the provisions in §§ 463-19B and 463-20B shall comply with the Town of Grand Chute Stormwater Reference Guide and contain at a minimum the following information:
(1)
Name, address, and telephone number of the landowner and responsible
parties.
(2)
A legal description of the property proposed to be developed.
(3)
Pre-development site map with property lines, disturbed limits, and
drainage patterns.
(4)
Post-development site map with property lines, disturbed limits,
and drainage patterns.
(a)
Total area of disturbed impervious surfaces within the site.
(b)
Total area of new impervious surfaces within the site.
(c)
Performance standards applicable to site.
(d)
Proposed best management practices.
(e)
Groundwater, bedrock, and soil limitations.
(f)
Separation distances. Stormwater management practices shall
be adequately separated from wells to prevent contamination of drinking
water.
(5)
Inspection and maintenance schedules for stormwater BMPs.
B.
Alternate requirements. The administering authority may prescribe alternative submittal requirements for applicants seeking an exemption from the on-site stormwater management performance standards in § 463-19E or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.
A.
Maintenance agreement required. The maintenance agreement required under the provisions in § 463-20B for stormwater management practices shall be an agreement between the Town of Grand Chute and the responsible party to provide for maintenance of stormwater practices beyond the duration period of a post-construction runoff permit. The maintenance agreement shall be filed with the Outagamie County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.
B.
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the plan required under the provisions in § 463-20B:
(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 the provisions in § 463-20B.
(3)
Identification of the responsible party(ies), organization or city, county, town or village responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan required under the provisions in § 463-20B.
(4)
Requirement that the responsible party(ies), organization, or city, county, town or village shall maintain stormwater management practices in accordance with the schedule required under the provisions in § 463-22B(2).
(5)
Authorization for the administering authority to access the property
to conduct inspections of stormwater management practices as necessary
to ascertain that the practices are being maintained and operated
in accordance with the agreement.
(6)
A requirement on the administering authority to maintain public records
of the results of the site inspections, to inform the responsible
party responsible for maintenance of the inspection results, and to
specifically indicate any corrective actions required to bring the
stormwater management practice into proper working condition.
(7)
Agreement that the party designated as responsible for long-term
maintenance of the stormwater management practices shall be notified
by the administering authority of maintenance problems which require
correction. The specified corrective actions shall be undertaken within
a reasonable time frame as set by the administering authority.
(8)
Authorization of the administering authority to perform the corrected
actions identified in the inspection report if the party designated
as responsible for long-term maintenance of the stormwater management
practices does not make the required corrections in the specified
time period. The administering authority shall enter the amount due
on the tax rolls and collect the money as a special charge against
the property, pursuant to Subchapter VII of Ch. 66, Wis. Stats.
C.
Alternate requirements. The administering authority may prescribe alternative requirements for applicants seeking an exemption from the on-site stormwater management performance standards in § 463-19E or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.
A.
Establishment of the guarantee. The administering authority may require
the submittal of a financial guarantee, the form and type of which
shall be acceptable to the administering authority. The financial
guarantee shall be in an amount determined by the administering authority
to be the estimated cost of construction and the estimated cost of
maintenance of the stormwater management practices during the period
which the designated party in the maintenance agreement has maintenance
responsibility. The financial guarantee shall grant the administering
authority the authorization to use the funds to complete the stormwater
management practices, if the responsible party defaults or does not
properly implement the approved stormwater management plan, upon written
notice to the responsible party by the administering authority that
the requirements of this article have not been met.
B.
Conditions for release. Conditions for the release of the financial
guarantee are as follows:
(1)
The administering authority shall release the portion of the financial
guarantee established under this section, less any costs incurred
by the administering authority to complete installation of practices,
upon submission of as-built plans by a licensed professional engineer.
The administering authority may make provisions for a partial pro-rata
release of the financial guarantee based on the completion of various
development stages.
(2)
The administering authority shall release the portion of the financial
guarantee established under this section to assure maintenance of
stormwater practices, less any costs incurred by the administering
authority, at such time that the responsibility for practice maintenance
is passed on to another entity via an approved maintenance agreement.
C.
Alternate requirements. The administering authority may prescribe alternative requirements for applicants seeking an exemption from the on-site stormwater management performance standards in § 463-19E or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.
Fees referred to in this article shall be established by the
Town of Grand Chute Board and may be modified from time to time. A
schedule of the fees established by the Town Board shall be available
for review upon request.
A.
Any land disturbing construction activity or post-construction runoff
initiated after the effective date of this article by any person,
firm, association, or corporation subject to the article provisions
shall be deemed a violation, unless conducted in accordance with the
requirements of this article.
B.
The administering authority shall notify the responsible party by
certified mail of any noncomplying land disturbing construction activity
or post-construction runoff. The notice shall describe the nature
of the violation, remedial actions needed, a schedule for remedial
action, and additional enforcement action which may be taken.
C.
Upon receipt of written notification from the administering authority pursuant to § 463-25B, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of a post-construction runoff permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth in the notice.
D.
If the violations to a permit issued pursuant to this article are
likely to result in damage to properties, public facilities, or waters
of the state, the administering authority may enter the land and take
emergency actions necessary to prevent such damage. The costs incurred
by the administering authority, plus interest and legal costs, shall
be billed to the responsible party.
E.
The administering authority is authorized to post a stop-work order
on all land disturbing construction activity that is in violation
of this article or to request that the Town Attorney obtain a cease-and-desist
order in any court with jurisdiction.
F.
The administering authority may revoke a permit issued under this
article for noncompliance with article provisions.
G.
Any permit revocation, stop-work order, or cease-and-desist order
shall remain in effect unless retracted by the administering authority
or by a court with jurisdiction.
H.
The administering authority is authorized to refer any violation
of this article, or any stop-work order or cease-and-desist order
issued pursuant to this article, to the Town Attorney for the commencement
of further legal proceedings in any court with jurisdiction.
I.
Any person, firm, association, or corporation who does not comply
with the provisions of this article shall be subject to a forfeiture
as provided in the Uniform Forfeiture and Bond Schedules per offense,
together with the costs of prosecution. Each day that the violation
exists shall constitute a separate offense.
J.
Compliance with the provisions of this article may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease-and-desist order before resorting
to injunctional proceedings.
K.
When the administering authority determines that the holder of a permit issued pursuant to this article has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the administering authority or a party designated by the administering authority 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 administering authority 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 § 463-23 of this article. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon.
A.
Appeals. The Town of Grand Chute Plan Commission, created pursuant to § 16-2 of The Town of Grand Chute Municipal Code, shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the administering authority in administering this article. The Plan Commission shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the Plan Commission may authorize variances from the provisions of this article that are not contrary to the public interest and where owing to special conditions a literal enforcement of the article will result in unnecessary hardship.
B.
Who may appeal. Appeals to the Plan Commission may be taken by any
aggrieved person or by an officer, department, board, or bureau of
the Town of Grand Chute affected by any decision of the administering
authority.
In any particular case where a landowner can show that, by reason
of exceptional topography or other physical condition, strict compliance
with any requirement of this article would cause unnecessary hardship,
the Plan Commission may grant a variance from the provisions of this
article, provided such relief may be granted without detriment to
the public good and without impairing the intent and purpose of this
article or the desirable general development of the Town of Grand
Chute. No variance shall be granted by the Plan Commission that is
contrary to provisions of the Wisconsin Administrative Code or the
Wisconsin Statutes.
Nothing in this article creates or imposes, nor shall be construed
to create or impose, any greater obligation or responsibility on the
Town of Grand Chute than those minimum requirements specifically required
by State of Wisconsin Statutes and Department of Natural Resources
regulations.
