[HISTORY: Adopted by the Village Board of the Village of
Footville 7-5-2007 by Ord. No.
07-05-07. Amendments noted where applicable.]
A.
This chapter is adopted under authority granted by § 61.354,
Wis. Stats. This chapter supersedes all conflicting and contradictory
stormwater management regulations previously adopted by the Village
of Footville under § 61.35, Wis. Stats. Except as specifically
provided in § 61.354, § 61.35 applies to this
chapter and to any amendments to this chapter.
B.
The requirements of this chapter do not preempt more stringent stormwater
management requirements that may be imposed by the Wisconsin Department
of Natural Resources (DNR).
C.
The provisions of this chapter are not intended to limit any other
lawful regulatory powers of the Village of Footville.
D.
The Footville Village Board designates the Village Engineer to administer
and enforce the provisions of this chapter. The Village Board may
review decisions of the Village Engineer upon written request by an
applicant or permit holder delivered to the Village Clerk.
A.
The Footville Village Board finds that uncontrolled, post-construction
runoff from land development activity 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:
(1)
Degrade physical stream habitat by increasing stream bank erosion
and stream bed scour, diminishing groundwater recharge and stream
base flows and increasing stream temperature;
(2)
Diminish the capacity of lakes and streams to support fish, aquatic
life and recreational and water supply uses by increasing pollutant
loading of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants;
(3)
Alter wetland communities by changing wetland hydrology and increasing
pollutant loads;
(4)
Reduce the quality of groundwater by increasing pollutant loading;
(5)
Threaten public health, safety, property, and general welfare by
increasing major flood peaks and volumes and overtaxing storm sewers,
drainage ways, and other minor drainage facilities;
(6)
Undermine floodplain management efforts by increasing the incidence
levels of flooding.
B.
The Footville Village Board finds that properly planned, implemented,
and maintained stormwater control best management practices (BMPs)
can significantly reduce these impacts.
A.
Purpose. The general purpose of this chapter is to promote the health,
safety, and general welfare of the people, preserve natural resources,
and protect the quality of the waters of the state, in Village of
Footville, to the extent practicable. Specific purposes are to:
(1)
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; preserve ground cover and
scenic beauty; promote sound economic growth; control the exceeding
of the safe capacity of existing drainage facilities and receiving
water bodies; prevent undue channel erosion; control increases in
scouring and transportation of particulate matter, and prevent conditions
that endanger downstream property.
(2)
Foster consistent, statewide application of post-construction performance
standards developed by the DNR under § 281.16(2), Wis. Stats.
B.
Intent. The intent of this chapter is to establish long-term, post-construction
runoff management requirements that require the use of BMPs to reduce
the amount of post-construction stormwater and associated pollutants
reaching waters of the state or adjacent property. It is intended
that permit holders be able to choose the most cost-effective BMPs
meeting the performance standards required under this chapter. This
chapter is not intended to limit activity or division of land permitted
under the applicable zoning and land division ordinances.
A.
Jurisdiction. This chapter applies to post-construction sites within
the boundaries and jurisdiction of the Village of Footville, as well
as all lands located within the extraterritorial plat approval jurisdiction
of the Village of Footville, even if plat approval is not involved.
B.
Applicability.
(1)
This chapter applies to the following land-disturbing construction
activities unless documentary evidence establishes that the project
bids were advertised, contracts signed where no bids were advertised,
or substantial on-site work on the project had been completed before
the effective date of this chapter:
(a)
A construction site that has one or more acres of land-disturbing
construction activity.
(b)
Activities under Subsection A which are less than one acre but are part of a larger construction site that in total disturbs more than one acre.
(c)
Land-disturbing construction activities, on a site of any size,
that have been observed to cause, or have been determined likely to
result in, runoff in excess of the safe capacity of the existing drainage
facilities or receiving body of water, undue channel erosion, increased
water pollution by scouring or the transportation of particulate matter,
or endangerment of property or public safety. The Agency shall make
this determination after review by the Technical Review Committee.
(2)
Exemptions.
(a)
This chapter does not apply to the following:
[1]
Nonpoint discharges from agricultural facilities and practices;
[2]
Nonpoint discharges from silviculture (forestry) activities;
[3]
Routine maintenance of project sites under five acres of land
disturbance if performed to maintain the original line and grade,
hydraulic capacity or original purpose of the facility;
[4]
Land-disturbing construction activities conducted, or contracted
for, by any state agency, as defined under § 227.01(1),
Wis. Stats., but also including the office of the district attorney,
which are subject to the state stormwater management plan promulgated
pursuant to a memorandum of understanding entered into under § 281.33(2),
Wis. Stats.;
[5]
Redevelopment post-construction sites with no increase in exposed
parking lots or roads;
[6]
Post-construction sites with less than 10% connected imperviousness,
based on complete development of the post-construction site, provided
the cumulative area of all parking lots and rooftops is less than
one acre;
[7]
Underground utility construction such as water, sewer, and fiber
optic lines. This exemption does not apply to the construction of
any aboveground structures associated with utility construction.
(b)
Any land-disturbing construction activity that is designed and/or certified by the Village Engineer, or the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture as part of a soil conservation or water pollution control project shall comply with all of the requirements of this chapter, but shall be exempted from obtaining a permit, providing a financial guarantee, or paying fees under § 266-9.
(c)
Any land-disturbing construction activity that is conducted by or for the Village of Footville, shall comply with all of the requirements of this chapter, including obtaining a permit and submitting a stormwater management plan, but shall be exempted from providing a financial guarantee, or paying fees under § 266-9.
[1]
At the discretion of the Agency, for land-disturbing construction
activity that is conducted by or for the Village of Footville, a qualified
employee of the Village or contracted agent, undertaking the construction
activity, may administer the permit.
(d)
Any land-disturbing construction activities conducted on sites
which were included as part of a previously completed stormwater management
plan that was approved under this chapter shall be exempt from obtaining
a permit, provided:
A.
All BMPs required to comply with this chapter shall meet the design
criteria, standards and specifications identified, developed or disseminated
by the DNR under Subchapter V of Chapter NR 151, Wis. Adm. Code.
B.
Where technical standards have not been adopted by the DNR, other
technical standards may be used provided that the methods have been
approved by the Agency.
C.
The Rock County "Design Guidelines and Standards" manual may be used
to assist landowners, developers, and consultants to comply with the
provisions of this chapter.
A.
General considerations.
(1)
Planning principles.
(a)
A stormwater management plan shall maintain, as nearly as possible,
the natural drainage patterns of the site. Current topography and
land cover features such as drainage swales, depressions, kettles,
soil-infiltrating capacity, and groundwater recharge areas shall be
preserved and used, to the extent possible, to meet the requirements
of this section. The use of native prairie grasses as ground cover
is encouraged.
(b)
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.
(c)
A stormwater management plan shall maintain as nearly as possible,
the calculated predevelopment peak flows of the site.
(d)
The maximum controlled stormwater runoff storage release shall
not exceed the safe stormwater drainage capacity of the downstream
drainage pattern.
(e)
Discharges from new construction must have a stable outlet capable
of carrying designed flow at a nonerosive velocity. Outlet design
must consider flow capacity and flow duration. This applies to both
the site outlet and the ultimate outlet to a stormwater conveyance
or water body.
(f)
Changes to the function of wetlands shall be minimized insofar
as reasonably possible. Where such changes are proposed, the impact
of the proposal on wetland functional values shall be assessed using
standard methods appropriate to the affected wetland that are acceptable
to the DNR, as defined by Ch. NR 103, Wis. Adm. Code.
B.
Stormwater runoff peak discharge rate and volume. Unless otherwise
provided for in this chapter, all land development activities subject
to this chapter shall establish on-site management practices to control
the peak flow rates of stormwater discharged from the site as described
in this chapter. Infiltration of stormwater runoff from driveways,
rooftops, parking lots, and landscaped areas shall be incorporated
insofar as reasonably possible to provide volume control in addition
to control of peak flows.
(1)
The proposed land development shall, by design, not increase peak
flow rates of stormwater runoff from that which would have resulted
from the same storm occurring over the site with the land in its predeveloped
conditions for the two-, ten-, and one-hundred-year, twenty-four-hour
storms.
(2)
All runoff and flow calculations required for peak flow design shall
use a hydrograph-producing method such as described in the most recent
version of TR-55. The Agency retains approval of the methods used
to determine runoff volume. Calculations for determining peak runoffs
and volumes must incorporate the following assumptions:
(a)
(b)
In this chapter, the following year and location has been selected
as average annual rainfall: Madison, 1981 (March 12 through December
2).
(c)
The estimated engineering properties of the soils may be obtained
from the Soil Survey of Village of Footville, Wisconsin, dated July
1974. On-site soil investigation may be required to verify the Soil
Survey information.
(d)
Runoff Curve Numbers for on-site areas shall be based on predeveloped
and proposed developed land use conditions. Runoff Curve Number for
off-site areas shall be based on the predeveloped or proposed land
use, which ever results in the highest peak flows. Runoff curve numbers
are described in TR-55.
(3)
Determination of volume of runoffs shall be determined using standard
hydrology methods and procedures described the most recent version
of TR-55 that are appropriate to site conditions. These volumes can
be determined manually or with computer programs such as the HEC-1
program, NRCS TR-20 program, HEC-HMS program, P8, or HydroCad. The
models must incorporate the assumptions listed in this chapter. The
Agency retains approval of the methods used to determine runoff volume.
(4)
All stormwater storage facilities and conveyance systems within the
proposed development, and those receiving surface runoff from the
proposed development, shall be designed to completely contain peak
storm discharge and volume as described in the following subsections.
(a)
For storage facilities, the design storage for the one-hundred-year,
twenty-four-hour storm shall be contained within the top of the stormwater
embankment.
(b)
For open-channel conveyance systems, such as open channels or
grassed drainage swales, the peak flow from the twenty-five-year,
twenty-four-hour storm shall be completely contained within the channel
bottoms and banks.
(c)
For culverts under rural town roads, the peak flow from the
ten-year, twenty-four-hour storm shall be completely contained within
the pipe with no surcharging or pressurized flow.
(d)
For storm sewer systems the peak flow from the two-year, twenty-four-hour
storm shall be completely contained within the pipe with no surcharging
or pressurized flow.
(5)
The stormwater runoff peak discharge rate and volume requirements
of this section of this chapter do not apply to any of the following:
(a)
A post-construction site where the change in hydrology due to
development does not increase the existing adjacent surface water
elevation of rivers streams or lakes by more than 0.01 foot for the
one-hundred-year, twenty-four-hour storm.
(b)
A redevelopment post-construction site.
(c)
An in-fill development of less than five acres.
C.
Stormwater runoff discharge quality, total suspended solids. BMPs
shall be designed, installed or applied, and maintained to control
total suspended solids carried in runoff from the post-construction
site as follows:
(1)
For new development, by design, reduce to the maximum extent practicable,
the total suspended solids load by 80%, based on the average annual
rainfall, as compared to no runoff management controls. No person
shall be required to exceed an 80% total suspended solids reduction
to meet the requirements of this section.
(2)
For redevelopment, by design, reduce to the maximum extent practicable,
the total suspended solids load by 40%, based on the average annual
rainfall, as compared to no runoff management controls. No person
shall be required to exceed a 40% total suspended solids reduction
to meet the requirements of this section.
(3)
For in-fill development under five acres that occurs within 10 years
after October 1, 2002, by design, reduce to the maximum extent practicable,
the total suspended solids load by 40%, based on an average annual
rainfall, as compared to no runoff management controls. No person
shall be required to exceed a 40% total suspended solids reduction
to meet the requirements of this section.
(4)
For in-fill development that occurs 10 or more years after October
1, 2002, by design, reduce to the maximum extent practicable, the
total suspended solids load by 80%, based on an average annual rainfall,
as compared to no runoff management controls. No person shall be required
to exceed an 80% total suspended solids reduction to meet the requirements
of this section.
(5)
Notwithstanding Subsection C(1) through (4), if the design cannot achieve the applicable total suspended solids reduction specified, the stormwater management plan shall include a written and site-specific explanation why that level of reduction cannot be attained and the total suspended solids load shall be reduced to the maximum extent practicable.
D.
Infiltration. BMPs shall be designed, installed, and maintained to infiltrate runoff to the maximum extent practicable in accordance with the following, except as provided in Subsection D(5) through (8).
(1)
For residential developments, one of the following shall be met:
(a)
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 project site is required as an effective infiltration
area.
(b)
Infiltrate 25% of the post-development runoff from the two-year,
twenty-four-hour design storm with a Type II distribution. Separate
curve numbers for pervious and impervious surfaces shall be used to
calculate runoff volumes and not composite curve numbers as defined
in TR-55. However, when designing appropriate infiltration systems
to meet this requirement, no more than 1% of the project site is required
as an effective infiltration area.
(2)
For nonresidential development, including commercial, industrial
and institutional development, one of the following shall be met:
(a)
Infiltrate sufficient runoff volume so that the post-development
infiltration volume shall be at least 60% of the predevelopment infiltration
volume, based on an average annual rainfall. However, when designing
appropriate infiltration systems to meet this requirement, no more
than 2% of the project site is required as an effective infiltration
area.
(b)
Infiltrate 10% of the runoff from the two-year, twenty-four-hour
design storm with a Type II distribution. Separate curve numbers for
pervious and impervious surfaces shall be used to calculate runoff
volumes, and not composite curve numbers as defined in TR-55. However,
when designing appropriate infiltration systems to meet this requirement,
no more than 2% of the project site is required as an effective infiltration
area.
(4)
Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection D(8). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(5)
Exclusions. The runoff from the following areas is excluded from meeting the requirements of § 266-7D. A determination as to whether these exclusions apply to a particular post-construction site must be made as part of the waiver process described in § 266-8C of this chapter.
(a)
Areas associated with Tier 1 industrial facilities identified
in § NR 216.21(2)(a), Wis. Adm. Code, including storage,
loading, rooftop and parking.
(b)
Storage and loading areas of Tier 2 industrial facilities identified
in § NR 216.21(2)(b), Wis. Adm. Code.
(c)
Fueling and vehicle maintenance areas.
(d)
Areas within 1,000 feet upgradient or within 100 feet downgradient
of karst features.
(e)
Areas with less than three feet separation distance from the
bottom of the infiltration system to the elevation of seasonal high
groundwater or the top of bedrock, except this subsection does not
exclude infiltration of roof runoff.
(f)
Areas with runoff from industrial, commercial and institutional
parking lots and roads and residential arterial roads with less than
five feet separation distance from the bottom of the infiltration
system to the elevation of seasonal high groundwater or the top of
bedrock.
(g)
Areas within 400 feet of a community water system well as specified
in § NR 811.16(4), Wis. Adm. Code, or within 100 feet of
a private well as specified in § NR 812.08(4), Wis. Adm.
Code, for runoff infiltrated from commercial, industrial and institutional
land uses or regional devices for residential development.
(h)
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.
(i)
Any area where the soil does not exhibit one of the following
soil characteristics between the bottom of the infiltration system
and the seasonal high groundwater and top of bedrock: at least a three-foot
soil layer with 20% fines or greater, or at least a five-foot soil
layer with 10% fines or greater. This does not apply where the soil
medium within the infiltration system provides an equivalent level
of protection. This subsection does not prohibit infiltration of roof
runoff.
(6)
Exemptions. The following are not required to meet the requirements of this subsection. A determination as to whether these exceptions apply to a particular post-construction site must be made as part of the waiver process described in § 266-8C of this chapter.
(a)
Areas where the infiltration rate of the soil is less than 0.6
inches/hour measured at the site.
(b)
Parking areas and access roads less than 5,000 square feet for
commercial and industrial development.
(c)
Redevelopment post-construction sites.
(d)
In-fill development areas less than five acres.
(e)
Infiltration areas during periods when the soil on the site
is frozen.
(f)
Roads in commercial, industrial and institutional land uses,
and arterial residential roads.
(7)
Where alternate uses of runoff are employed, such as for toilet flushing,
laundry or irrigation, such alternate use shall be given equal credit
toward the infiltration volume required by this subsection.
(8)
Infiltration systems designed in accordance with this subsection
shall, to the extent technically and economically feasible, minimize
the level of pollutants infiltrating to groundwater and shall maintain
compliance with the preventive action limit at a point of standards
application in accordance with Ch. NR 140, Wis. Adm. Code. However,
if site-specific information indicates that compliance with a preventive
action limit is not achievable, the infiltration BMP may not be installed
or shall be modified to prevent infiltration to the maximum extent
practicable.
E.
Protective areas.
(1)
"Protective area" means an area of land that commences at the top
of the channel of lakes, streams and rivers, or at the delineated
boundary of wetlands, and that is the greatest of the following widths,
as measured horizontally from the top of the channel or delineated
wetland boundary to the closest impervious surface. However, in this subsection,
"protective area" does not include any area of land adjacent to any
stream enclosed within a pipe or culvert, such that runoff cannot
enter the enclosure at this location.
(a)
For outstanding resource waters and exceptional resource waters,
and for wetlands in areas of special natural resource interest as
specified in § NR 103.04, 75 feet.
(b)
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.
(c)
For lakes, 50 feet.
(d)
For highly susceptible wetlands, 50 feet. Highly susceptible
wetlands include the following types: fens, sedge meadows, bogs, low
prairies, conifer swamps, shrub swamps, other forested wetlands, fresh
wet meadows, shallow marshes, deep marshes and seasonally flooded
basins. Wetland boundary delineations shall be made in accordance
with § NR 103.08(lm). This subsection does not apply to
wetlands that have been completely filled in accordance with all applicable
state and federal regulations. The protective area for wetlands that
have been partially filled in accordance with all applicable state
and federal regulations shall be measured from the wetland boundary
delineation after fill has been placed.
(e)
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.
(g)
For concentrated flow channels with drainage areas greater than
130 acres, 10 feet.
(2)
This subsection applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection E(4).
(3)
The following requirements shall be met:
(a)
Impervious surfaces shall be kept out of the protective area
to the maximum extent practicable. The stormwater management plan
shall contain a written site-specific explanation for any parts of
the protective area that are disturbed during construction. No waivers
may be granted by the Agency for this requirement.
(b)
Where land-disturbing construction activity occurs within a
protective area, and where no impervious surface is present, adequate
sod or self-sustaining vegetative cover of 70% or greater shall be
established and maintained. The adequate sod or self-sustaining vegetative
cover shall be sufficient to provide for bank stability, maintenance
of fish habitat and filtering of pollutants from upslope overland
flow areas under sheet flow conditions. Nonvegetative materials, such
as rock riprap, may be employed on the bank as necessary to prevent
erosion, such as on steep slopes or where high-velocity flows occur,
subject to any required approval by the DNR.
(c)
Best management practices such as filter strips, swales, or
wet detention basins, that are designed to control pollutants from
nonpoint sources may be located in the protective area.
(4)
This subsection does not apply to:
(a)
Redevelopment post-construction sites.
(b)
In-fill development areas less than five acres.
(c)
Structures that cross or access surface waters such as boat
landings, bridges and culverts.
(d)
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.
(e)
Post-construction sites from which runoff does not enter the
surface water, except to the extent that vegetative ground cover is
necessary to maintain bank stability.
F.
Fueling and vehicle maintenance areas. Fueling and vehicle maintenance
areas shall, to the maximum extent practicable, have BMPs designed,
installed and maintained to reduce petroleum within runoff, such that
the runoff that enters waters of the state contains no visible petroleum
sheen.
G.
Swale treatment for transportation facilities.
(1)
Applicability. Except as provided in Subsection G(2), transportation facilities that use swales for runoff conveyance and pollutant removal shall be deemed to comply with all of the requirements of this section, if the swales are designed to the maximum extent practicable to do all of the following:
(a)
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.
(b)
Carry runoff through a swale of 200 feet or more in length that
is designed with a flow velocity no greater than 1.5 feet per second
for the peak flow generated using either a two-year, twenty-four-hour
design storm or a two-year storm with a duration equal to the time
of concentration as appropriate. If a swale of 200 feet or more in
length cannot be designed with a flow velocity of 1.5 feet per second
or less, then the flow velocity shall be reduced to the maximum extent
practicable.
(2)
Exemptions. The Agency may, consistent with water quality standards,
require that other provisions of this section be met on a transportation
facility with an average daily travel of greater than 2,500 vehicles
and where the initial surface water of the state that the runoff directly
enters is any of the following:
(a)
An outstanding resource water.
(b)
An exceptional resource water.
(c)
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.
(d)
Waters where targeted performance standards are developed under
§ NR 151.004, Wis. Adm. Code, to meet water quality standards.
H.
Location and regional treatment option.
(1)
No stormwater facility shall be located closer to an existing or
planned well than the distances prescribed in Chs. NR 811 and NR 812
as minimum separation distances between wells and stormwater facilities
listed as possible sources of contamination.
(2)
The BMPs may be located on-site or off-site as part of a regional
stormwater device, practice or system.
(3)
Post-construction runoff within nonnavigable surface water that flows
into a BMP, such as a wet detention pond, is not required to meet
the performance standards of this chapter. Post-construction BMPs
may be located in nonnavigable surface waters.
(4)
Except as allowed under Subsection H(5), post-construction runoff from new development shall meet the post-construction performance standards prior to entering navigable surface water.
(5)
Post-construction runoff from any development within a navigable
surface water that flows into a BMP is not required to meet the performance
standards of this chapter if:
(6)
Runoff from existing development, redevelopment and in-fill areas
shall meet the post-construction performance standards in accordance
with this subsection.
(a)
To the maximum extent practicable, BMPs shall be located to
treat runoff prior to discharge to navigable surface waters.
(b)
Post-construction BMPs for such runoff may be located in navigable
surface water if allowable under all other applicable federal, state
and local regulations such as Chapter NR 103, Wis. Adm. Code, and
Chapter 30, Wis. Stats.
(7)
The discharge of runoff from a BMP, such as a wet detention pond,
or after a series of such BMPs is subject to this chapter.
(8)
The Agency may approve off-site management measures provided that
all of the following conditions are met:
(a)
The Agency determines that the post-construction runoff is covered
by a stormwater management system plan that is approved by the Village
of Footville and that contains management requirements consistent
with the purpose and intent of this chapter.
(b)
The off-site facility meets all of the following conditions:
[1]
The facility is in place.
[2]
The facility is designed and adequately sized to provide a level
of stormwater control equal to or greater than that which would be
afforded by on-site practices meeting the performance standards of
this chapter.
[3]
The development includes means to convey stormwater to the off-site
storage facility.
[4]
The facility has a legally obligated entity responsible for
its long-term operation and maintenance.
(9)
Where a regional treatment option exists such that the Agency exempts
the applicant from all or part of the minimum on-site stormwater management
requirements, the applicant shall be required to pay a fee in an amount
determined in negotiations with the Agency. In determining the fee
for post-construction runoff, the Agency shall consider an equitable
distribution of the cost for land, engineering design, construction,
and maintenance of the regional treatment option.
I.
Alternate requirements.
(1)
The Agency may establish stormwater management requirements more
stringent than those set forth in this section if the Agency determines
that a greater level of protection is needed to protect sensitive
resources.
(2)
The Technical Review Committee shall make recommendations to the
Agency concerning any stormwater requirements more stringent than
those set forth in this section.
A.
Permit or waiver required. No responsible party may undertake a land-disturbing construction activity subject to this chapter without receiving a permit from the Agency, or a waiver as provided in § 266-5C, prior to beginning the proposed activity.
B.
Preliminary review letter.
(1)
A preliminary review letter provides a potential permit applicant with a simple initial evaluation of whether stormwater management performance standards can be met for a proposed site, lot layout, or construction design. With the exception of the conditions under § 266-8B(2)(e), this review is voluntary and intended to assist applicants to obtain a permit. A preliminary review letter does not guarantee that a plan will be approved, or that a permit will be issued. Permit applications and plans must meet all applicable standards and criteria for approval.
(2)
Preliminary review letter procedure:
(a)
Any responsible party may apply for a preliminary review letter
by submitting an application using a form provided by the Agency.
(b)
The Agency will evaluate completed applications and may consult
other governmental departments or agencies. The Agency may request
additional information from the applicant to better evaluate the application.
(c)
The Agency will provide the applicant with the preliminary review
letter within 10 working days from the date the last information concerning
the application is received.
(d)
The fee for a preliminary review letter shall be determined according to § 266-9 of this chapter. The amount of the fee for a stormwater management permit for the site reviewed shall be reduced by the amount of the fee for a preliminary review letter.
(e)
The Agency may require a preliminary review letter prior to
accepting an application for a building permit or conditional use
permit under applicable ordinance(s) or for a certified survey map
under applicable county or local land division ordinance(s) where
any of the following apply:
[1]
The proposal would involve one or more acres within either the
current or proposed boundaries of a commercial zoning district;
[2]
The proposed lot or rezone area configuration would necessitate
driveways, access roads, or other construction that would clearly
require a stormwater management plan under this chapter;
[3]
Natural features of the site, including but not limited to,
slope, soils, wetlands, or hydrology are such that, in the opinion
of the Agency, substantial risk of erosion, or flooding, or other
environmental or public safety hazard exists; or, in the opinion of
the Agency, consultation with Agency staff is necessary to determine
land suitability requirements under local subdivision ordinances.
(f)
Unless expressly waived by the applicant, decisions by the Agency
to require a preliminary review letter shall be made in writing and
shall detail the reasons why the Agency determines there to be a substantial
risk of erosion or flooding, or other hazard.
C.
Permit/waiver application.
(1)
Any responsible party desiring a permit or waiver shall submit an
application to the Agency using a form provided by the Agency.
(a)
A permit application shall consist of a completed application form, including a waiver application for relief from any requirement deemed not necessary to ensure compliance with the intent of this chapter, as provided for in § 266-5C(1), two copies of a stormwater management plan, a maintenance agreement and a nonrefundable application review and administration fee.
(b)
Permit applications shall be considered active until a permit has been issued or all reviews or appeals have been exhausted, as provided for in § 266-8F(9) or 266-11. Further applications for the site by an applicant who has had a permit denied, or has exhausted their appeals will be considered a new application, as provided for in § 266-8C(1)(a).
(2)
The permit application form shall contain, at a minimum:
(a)
The name, address, and telephone number for the following or
their designees:
[1]
Landowner;
[2]
Developer;
[3]
Agent, project manager or supervisor who will oversee the land-disturbing
construction activities;
[4]
Person and/or company responsible for BMP design;
[5]
Person(s) responsible for installation of stormwater management
BMPs;
[6]
Person(s) responsible for maintenance of stormwater BMPs prior
to the transfer, if any, of maintenance responsibility to another
party.
(b)
A proper legal description of the property proposed to be developed,
referenced to the United States Public Land Survey system or to block
and lot numbers within a recorded land subdivision plat.
(3)
If the application is from a land user, the permit application form must be signed by the landowner of the site where the land-disturbing construction activities are to take place. A notarized statement signed by the landowner authorizing the applicant to act as the landowner's agent shall also be accepted, provided that it binds the landowner to the terms of this chapter and any permit issued to the permit holder, including the enforcement actions set forth in § 266-10. Submission of an application by one of several landowners or land users of a particular site shall constitute an affirmation by the applicant of authority to act on behalf of the other landowners or land users to apply for, receive, and abide by the provisions of a permit. The Village shall be under no obligation to ascertain the legal authority of the applicant to so act.
(4)
Each permit application form shall contain an agreement by the applicant
that:
D.
Stormwater management plans.
(1)
Plan requirements. The stormwater management plan required under § 266-8C(1)(a) of this chapter shall contain any information the Agency requires to evaluate the environmental characteristics of the area affected by post-construction runoff land development or land redevelopment activity, the potential impacts of the proposed development upon the quality and quantity of stormwater runoff discharges, the potential impacts upon water resources and drainage utilities, and the effectiveness and acceptability of proposed stormwater management measures in meeting the performance standards set forth in this chapter. Unless specified otherwise by this chapter, stormwater management plans shall contain a narrative, construction drawings, maps, or tables that, at a minimum, contain the following information:
(a)
Predevelopment site conditions, including:
[1]
One or more site maps at a scale of either one inch equals 50
feet or one inch equals 100 feet, whichever is appropriate to the
site size. The site maps shall show the following:
[a]
Site location, address, and legal description of
the property;
[b]
Adjoining property and names of adjoining property
owners;
[c]
Predominant soil types and hydrologic soil groups;
[d]
Existing cover type and condition;
[e]
Topographic contours, using the best available
data, of the site at a scale not to exceed two feet;
[f]
Topography and drainage network including enough
of the contiguous properties to show runoff patterns onto, through
and from the site;
[g]
Watercourses, on or off-site, that may affect or
be affected by runoff from the site;
[h]
Flow path and direction for all stormwater conveyance
sections, including time of travel and time of concentration applicable
to each;
[i]
Watershed boundaries used in hydrology determinations
to show compliance with performance standards;
[j]
Lakes, streams, wetlands, channels, ditches, and
other watercourses on and immediately adjacent to the site;
[k]
Limits of the one-hundred-year floodplain;
[l]
Location of public, private, or municipal wells
located within 600 feet of proposed stormwater detention, retention,
or infiltration basins;
[m]
Wellhead protection areas covering the project
area and delineated pursuant to § NR 811.16, Wis. Adm. Code.
[2]
Peak flow discharge rates, discharge volumes and pollution loading
computations. All major assumptions used in developing input parameters
shall be clearly stated. The geographic areas used in making the calculations
shall be clearly cross-referenced to the required map(s).
(b)
Post-development site conditions, including:
[1]
Explanation of the provisions to preserve and use natural topography
and land cover features to minimize changes in peak flow runoff rates
and volumes to surface waters and wetlands.
[2]
Explanation of any restrictions on stormwater BMPs in the development
area imposed by wellhead protection plans and ordinances.
[3]
One or more site maps at a scale of either one inch equals 50
feet or one inch equals 100 feet, whichever is appropriate to the
site size, showing the following:
[a]
Post-construction pervious land use including vegetative
cover type and condition;
[b]
Impervious land use including all buildings, structures,
and pavement;
[c]
Post-construction topographic contours of the site
at a scale not to exceed two feet;
[d]
Post-construction drainage network including enough
of the contiguous properties to show runoff patterns onto, through,
and from site;
[e]
Locations and dimensions of drainage easements;
[f]
Locations of maintenance easements specified in
the maintenance agreement;
[g]
Flow path and direction for all stormwater conveyance
sections, including time of travel and time of concentration applicable
to each;
[h]
Location and type of all stormwater conveyance
and treatment BMPs, including the on-site and off-site tributary drainage
area;
[i]
Location and type of conveyance system that will
carry runoff from the drainage and treatment practices to the nearest
adequate outlet such as curbed street, storm drain, or natural drainageway;
[j]
Watershed boundaries used in hydrology and pollutant
loading calculations;
[k]
Any changes to lakes, streams, wetlands, channels,
ditches, and other watercourses on and immediately adjacent to the
site.
[4]
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. The computations shall be made
for each discharge point in the development. The geographic areas
used in making the calculations shall be clearly cross-referenced
to the required map(s).
[5]
Computation of the inches of initial runoff that will be infiltrated across the site in comparison to the requirements set forth in § 266-7D.
[6]
Results of investigations of soils and groundwater required
for the placement and design of stormwater management measures.
[7]
Results of impact assessments on wetland functional values.
[8]
Design computations and all applicable assumptions for the storm
sewer system.
[9]
Design computations and all applicable assumptions for stormwater
quality practices as needed to show that practices are appropriately
sized to meet the performance standards of this chapter.
[10]
Detailed drawings including cross-sections and profiles of all
permanent stormwater conveyance and treatment practices.
(c)
A description and installation schedule for the stormwater BMPs needed to meet the performance standards in § 266-7.
(d)
A maintenance plan developed for the life of each stormwater
BMP including the required maintenance activities and maintenance
activity schedule.
(e)
Cost estimates for the construction, operation, and maintenance
of each stormwater BMP.
(f)
Assessment of possible threats to public safety posed by planned
stormwater management BMPs and risk minimization provisions.
(g)
Other information requested in writing by the Agency to determine
compliance of the proposed stormwater BMPs with the provisions of
this chapter.
(2)
All site investigations, plans, designs, computations, and drawings
shall be prepared in accordance with accepted engineering practices
and requirements of this chapter.
(3)
Drainage easements.
(a)
Where topography or other conditions are such as to make impractical
the inclusion of drainage facilities within road rights-of-way, perpetual
unobstructed easements with a minimum width of 30 feet for such drainage
facilities shall be provided across property outside the road lines
and with satisfactory access to the road. Drainage easements for pipes
shall have a minimum width of 20 feet. Drainage easements shall extend
from the road to a natural watercourse or to other drainage facilities.
(b)
When a proposed drainage system will carry water across private
land outside the project area, appropriate drainage rights must be
secured and filed with the county register of deeds. Drainage shall
be designed to avoid concentration of storm and drainage water, emanating
from a lot, upon any adjacent lot.
(c)
The applicant shall either dedicate to the public as parkland
or a drainage easement the land on both sides of existing watercourses,
to a distance to be determined by the Agency, and also dedicate proposed
and natural retention and detention basins.
(4)
Alternative requirements. The Agency may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 266-5C(1) of this chapter.
(5)
Regional stormwater management plans. In lieu of submitting a preliminary
or final stormwater management plan for an individual site, an applicant
may submit documentation of the following:
(a)
A regional stormwater management plan, that includes the entire area of the proposed land development activity, that was prepared in accordance with the requirements of § 266-8D and the regional stormwater management planning guidelines adopted by the Agency.
(b)
A registered professional engineer's certification that all regional BMPs planned to convey and manage the runoff from the area of the proposed land development have been constructed in accordance with the performance standards and specifications under § 266-7. For regional facilities built, owned, or maintained by a city, Village, or town, certification from that entity shall be sufficient to meet the requirements of this subsection.
(c)
Documentation that there is an entity legally obligated to operate
and maintain the stormwater management facility.
E.
Maintenance agreement. The maintenance agreement required under § 266-8C(1)(a) for stormwater management BMPs shall be an agreement between the Agency and the permittee to provide for maintenance of stormwater BMPs beyond the duration period of a permit. The maintenance agreement shall be recorded, at the permittee's expense, with the County of Rock Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of land served by the stormwater management BMPs. The maintenance agreement shall contain the following information and provisions:
(1)
Identification of the stormwater facilities and designations of the
drainage area served by the facilities;
(2)
A schedule for regular maintenance of each element of the stormwater
management system consistent with the stormwater management plan;
(3)
Identification of the responsible person(s) or organization responsible
for long term maintenance of the stormwater management BMPs identified
in the stormwater plan;
(4)
Requirements that the responsible person(s) or organization shall maintain stormwater management BMPs in accordance with the schedule included in Subsection E(2);
(5)
Authorization for the Agency to access the property to conduct inspections
of stormwater BMPs as necessary to ascertain that the practices are
being maintained and operated in accordance with the agreement.
(6)
Procedures requiring the Agency to maintain public records of the
results of site inspections; to inform the landowner responsible for
maintenance of the inspection results and to specify any corrective
actions required to bring the stormwater management BMPs into proper
working condition.
(7)
Procedures requiring the Agency to notify the responsible party designated
under the maintenance agreement of maintenance problems which require
correction and that the specified corrective actions shall be completed
within a maximum of 45 working days after notification.
(8)
An agreement authorizing the Agency to perform the corrective actions
identified in the inspection report if the responsible party does
not complete the required corrections within a maximum of 45 working
days of notification and providing that the Agency shall enter the
amount due on the tax roll and collect such amount as a special charge
against the property pursuant to Subchapter VII of Chapter 66, Wis.
Stats.
F.
Evaluation and approval of applications. Within three working days
of receipt, the Agency shall review applications to insure they are
complete. Any application found to be incomplete shall be returned
to the applicant for completion. Upon receiving a complete application,
the Agency shall use the following approval/disapproval procedure:
(1)
Completed applications will be evaluated for compliance with the
requirements of this chapter. Other governmental departments or agencies
may be consulted during application evaluation.
(2)
Additional substantive information may be requested from the applicant
to better evaluate the application.
(3)
Within 20 working days from the receipt of a complete permit application, or 20 working days from the receipt of additional information requested in accordance with Subsection F(2), whichever is later, the applicant shall be informed whether the application has been approved or disapproved. The Agency shall base the decision on the requirements of this chapter.
(4)
Within 20 working days from the receipt of a complete waiver application, or 20 working days from the receipt of additional information requested in accordance with Subsection F(2), whichever is later, the applicant shall be informed whether the application has been approved or disapproved. In making its decision, the Agency shall consider the recommendations of the Technical Review Committee and shall base its decision on the requirements of this chapter.
(5)
Failure to inform an applicant of a decision within the applicable time specified in Subsection F(3) or (4), unless extended by mutual agreement, shall constitute approval of the application. If the application was for a permit, the applicant may then proceed in accordance with the provisions of the submitted plan, including any waivers requested in accordance with § 266-5C(1).
(6)
If the application is approved, the Agency shall issue the permit
or waiver.
(7)
An application for a permit may be approved with conditions determined
by the Agency to be necessary in order to meet the requirements of
this chapter.
(8)
If the application is disapproved, the Agency shall notify the applicant
by certified mail and provide a written statement of the reasons for
disapproval.
(9)
If the application is disapproved, or if the applicant does not agree with the permit conditions, the applicant may request a review by the Technical Review Committee. This request must be made in writing within 30 calendar days from the date of mailing of the Agency decision. The schedule and procedure for a request for a waiver, described in Subsection F(4) above, will be followed for this review.
G.
Permit conditions. All permits issued under this chapter shall be subject to the following conditions, and holders of permits issued under this chapter shall be deemed to have accepted these conditions. The Agency may suspend or revoke a permit for violation of a permit condition, following written notification provided to the permit holder. Suspension or revocation of a permit by the Agency may be appealed in accordance with § 266-11. Permits issued under this section may include other conditions established by the Agency in addition to any measures required to meet the performance standards in § 266-7 or a financial guarantee as provided for in Subsection K. Compliance with a permit does not relieve the permit holder of the responsibility to comply with other applicable federal, state and local laws and regulations. All permits shall require the permit holder to:
(1)
Design and install all structural and nonstructural stormwater BMPs
in accordance with the approved stormwater management plan and other
permit requirements;
(2)
Notify the Agency within two working days before beginning any work
in conjunction with the stormwater management plan, and upon completion
of the stormwater BMPs. If required as a special condition, the permit
holder shall make additional notifications according to a schedule
set forth by the Agency so that practice installations can be inspected
during construction;
(3)
Certify, "as built," all BMP installations required in order to comply
with this chapter. Completed stormwater BMPs must pass a final inspection
by the Agency to determine if they are in accordance with the approved
stormwater management plan and this chapter. The Agency shall notify
the permit holder in writing of any changes required in such BMPs
to bring them into compliance with the conditions of a permit;
(4)
Maintain all stormwater BMPs in accordance with the stormwater management
plan until they either become the responsibility of the Village, or
are transferred to subsequent private owners as specified in the approved
maintenance agreement;
(5)
Authorize the Agency to perform any work or operations necessary
to bring stormwater management measures into compliance with the approved
stormwater management plan;
(7)
Repair, at the permit holder's own expense, all damage to adjoining
municipal facilities and drainageways caused by stormwater runoff,
where such damage results from a failure to comply with the approved
stormwater management plan, if so directed by the Agency;
(8)
Make appropriate legal arrangements with adjacent property owners
in order to protect property and to maintain public safety where site
development or redevelopment involves changes in direction or increases
in peak rate and/or total volume of runoff from of a site.
H.
Permit modifications at the permit holder's request. The permit
holder must obtain permission from the Agency prior to modifying an
approved plan. Plans, or portions thereof, drawn or approved by a
professional engineer, surveyor, or landscape architect, must be amended
to show that the author has approved the modifications. Such modifications
must be shown as amendments on the copy of the plan kept by the permit
holder.
I.
Permit modifications at the agency's request. If the BMPs implemented
as part of the approved plan are determined by the Agency to be inadequate
to meet the performance standards of this chapter, the Agency may
modify the plan after consultation with the permit holder. Such modifications
shall be provided to the permit holder in writing and shall be shown
as amendments on the copy of the plan kept by the permit holder. The
permit holder shall implement these modifications according to a timetable
incorporated in the modifications.
J.
Site visits.
(1)
If land-disturbing construction activities are being conducted without a permit required by this chapter, a representative of the Agency may enter the land upon which the activities are being conducted pursuant to the provisions of § 66.0119(1), (2) and (3), Wis. Stats., to obtain information necessary to undertake enforcement and to assess penalties as provided by § 266-10 of this chapter.
(2)
The Agency shall inspect each construction site for which a permit
has been issued under this chapter at least once every 30 calendar
days during the period starting March 1 and ending October 31, and
at least twice during the period starting November 1 and ending February
28, to ensure compliance with the provisions of the permit.
(3)
The Agency shall conduct a final site inspection within 15 working
days after receiving notification from the permit holder that the
stormwater management measures, including facilities and other BMPs,
described in the Stormwater Permit Application and Stormwater Management
Plan have been completed and are available for inspection. Upon completion
of such inspection, the Agency shall notify the permit holder as to
whether the stormwater management measures, including facilities and
other BMPs have been completed in compliance with the permit and Stormwater
Management Plan or additional or remedial action is necessary to achieve
compliance. Such final inspection shall not preclude the Agency from
making further site inspections in order to determine compliance with
the maintenance agreement required by this chapter.
(4)
Site inspections will be conducted at no additional cost to the permit holder, unless during the inspection visit the Agency determines that a remedial action specified in a previously issued notice of noncompliance, as provided for in § 266-10 of this chapter, has not been completed as scheduled. The cost of the site inspection will then be charged to the permit holder, according to the fee schedule provided for in § 266-9.
K.
Financial guarantee. As a condition for approval and issuance of
a permit, the Agency shall require the applicant to submit a financial
guarantee, of a kind and in a form acceptable to the Agency.
(1)
The financial guarantee shall be in an amount determined by the Agency,
based on the estimated costs of construction and maintenance of the
stormwater BMPs for the period of time during which the designated
party in the maintenance agreement has maintenance responsibility.
(2)
The financial guarantee shall authorize the Agency to use the funds provided by the guarantee to complete the plan if the permit holder defaults, or does not properly implement the required BMPs in accordance with the approved plan. The Agency shall notify the permit holder in writing as provided for in § 266-10 of this chapter.
(3)
The Agency shall release the portion of the financial guarantee provided
under this section, to assure installation of BMPs in accordance with
an approved permit, less any costs incurred by the Agency to complete
installation of BMPs, upon approval of the "as built" plans. The Agency
may make provisions for a partial pro rata release of the financial
guarantee based on the completion of various development stages.
(4)
The Agency shall release the portion of the financial guarantee established
to assure the maintenance of stormwater BMPs, less any costs incurred
by the Agency, at such time that the responsibility for practice maintenance
is passed on to another entity via an approved maintenance agreement.
L.
Permit duration. Permits issued under this chapter shall be valid for one year or until the Agency notifies the permit holder that all stormwater BMPs have passed the final inspection required in § 266-8J(3). After one year, permits shall be renewed monthly until all stormwater BMPs have passed final inspection. The Agency may require additional BMPs as a condition of the extension if necessary to meet the requirements of this chapter. In the event land-disturbing construction activities do not begin within two years after the issuing of a permit, the permit shall become void.
A.
The Footville Village Board, as part of the annual budget, shall
determine the fees referenced in other sections of this chapter.
B.
Fees paid under this section shall be established so as to recover
the approximate amount of the Agency's costs of administrating
the provisions of this chapter, including applicant consultations,
application evaluation and approval, permit holder consultations and
site inspections.
C.
All fees shall be doubled if work is started before a permit is issued.
Such doubled fees shall not release the applicant from the obligation
to comply fully with this chapter nor from prosecution for any violation
of this chapter.
A.
All land-disturbing construction activities to which this chapter
applies shall be conducted in accordance with all of its provisions
and any such activities not so conducted shall be deemed a violation
for which enforcement remedies may be imposed including, but not limited
to, the assessment of a forfeiture as provided for herein.
B.
Every violation of this chapter is a public nuisance. In order to
enforce this chapter, the Village of Footville may seek any remedy,
whether legal or equitable, provided by law, including, but not limited
to, injunctive relief. Any such remedy may be sought in conjunction
with any other remedy as may be allowed by law, or separately, or
in the alternative, as the Village may determine.
C.
The Agency shall notify the permit holder 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 required to correct the violation, a schedule for such remedial
action, and any additional enforcement action that may be taken. Noncomplying
activities include, but are not limited to:
(1)
Any land-disturbing construction activity or post-construction runoff
regulated under this chapter being undertaken or occurring without
a permit or waiver;
(2)
Failure to implement a stormwater management plan or to comply with
a maintenance agreement;
(3)
Failure to comply with the conditions of a permit.
D.
Upon receipt of written notice from the Agency under Subsection C(1), the permit holder shall comply with the remedial actions described in the notice.
F.
If a permit holder does not comply with the provisions of a notice
of noncompliance, the Agency may revoke the permit.
G.
If noncompliance with this chapter is determined by the Agency as
likely to result in damage to adjacent property, public facilities,
or waters of the state, the Agency may post a stop-work order at the
time of notification.
H.
If the permit holder does not comply with the provisions of a notice
of noncompliance, or violates a stop-work order, the Agency may request
the Village Attorney to obtain a cease-and-desist order in any court
with jurisdiction.
I.
Any permit revocation, stop-work order, or cease-and-desist order
shall remain in effect unless retracted by the Agency, Board of Adjustment,
or by a court with jurisdiction.
J.
If noncompliance with this
chapter is determined by the Agency as likely to result in damage
to adjacent property, public facilities, or waters of the state, the
Agency may issue to the permit holder or landowner a notice of intent
to perform specific work necessary to comply with the requirements
of an approved plan, or to protect property, public facilities, or
waters of the state.
K.
After five working days from issuing the notice of intent, the Agency
may enter upon the land and perform work, or other operations necessary
to bring the condition of said land into compliance with an approved
plan, or to protect adjacent property, public facilities, or waters
of the state.
(1)
The Agency shall keep a detailed account of the costs and expenses
of performing the work. These costs, plus legal and staff expenses
incurred by the Village, shall be charged to the owner of title of
the property.
(2)
In the event a permit holder or landowner fails to pay the amount due, the amount shall be deducted from any financial guarantee provided pursuant to § 266-8K of this chapter. Where such a financial guarantee has not been provided, or is insufficient to cover these costs and expenses, the amount thereof shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon pursuant to Subchapter VII of Chapter 66, Wis. Stats., for the year in which the work is completed.
L.
Upon the receipt of assurances deemed sufficient by the Agency, the permit holder may be authorized by the Agency to resume responsibility for the BMPs upon which work has been performed by the Agency under Subsection K.
M.
Any person, firm, association, or corporation violating any of the
provisions of this chapter shall be subject to a forfeiture of not
less than $500, nor more than $5,000, and the costs of prosecution,
including staff time, per offense. Each day a violation exists shall
constitute a separate offense.
A.
Board of Appeals. The Board of Appeals of the Village of Footville, created pursuant to Chapter 370, Zoning, of the Village of Footville Code, functioning in accordance with § 62.23(7)(e), Wis. Stats.:
(1)
Shall hear and decide appeals where it is alleged that there is an error in any order, decision, or determination made by the Agency in administering this chapter, except for cease-and-desist orders obtained under § 266-10H;
(2)
Shall act pursuant to the rules, procedures, duties, and powers authorized
by statute, in hearing and deciding appeals and authorizing variances;
and
(3)
Upon appeal, may authorize variances from the provisions of this
chapter that are not contrary to the public interest and where, owing
to special conditions, a literal enforcement of the provisions of
this chapter will result in unnecessary hardship.
B.
Who may appeal. Any applicant, permittee, or landowner may appeal
within 30 calendar days of the date of any order, decision, or determination
made by the Agency in administering this chapter, affecting a site
in which such person has an interest.
If a court of competent jurisdiction determines any section,
clause, provision, or portion of this chapter to be unconstitutional
or invalid, the remainder of the chapter shall remain in force and
unaffected.
As used in this chapter, the following terms shall have the
meanings indicated:
The Village Engineer or such designee of the Village Engineer
as may be authorized by the Village Board.
A structure associated with an agricultural practice.
Beekeeping; commercial feedlots; dairying; egg production;
floriculture; fish or fur farming; grazing; livestock raising; orchards;
poultry raising; raising of grain, grass, mint, and seed crops; raising
of fruits, nuts and berries; sod farming; placing land in federal
programs in return for payments in kind; owning land, at least 35
acres of which is enrolled in the conservation reserve program under
16 U.S.C. §§ 3831 to 3835; and vegetable raising.
Money paid to Village of Footville by the permit applicant
for recouping the expenses incurred by it in administering the provisions
of this chapter.
A calendar year of precipitation, excluding snow, which is
considered typical.
The removal of soil particles from a bank slope primarily
caused by water action, such as fluctuations in water volume and velocity,
but also by climatic conditions, ice and debris, chemical reactions,
and changes in land and stream use.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize the amounts of sediment or
pollutants carried in runoff to waters of the state.
A court-issued order to halt land-disturbing construction
activity that is being conducted without the required permit, or in
violation of the terms of a permit.
A system for conveying both sanitary sewage and stormwater
runoff.
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
An area upon which one or more land-disturbing construction
activities are occurring, including areas that are part of a larger
common plan of 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 hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
A type of stormwater basin that has a direct outlet and serves
to reduce water velocity and volumes by releasing water at designed
flow rates to temporarily detain water flows.
Residential, commercial, industrial, or institutional land
uses and associated roads.
The quantity of runoff discharged from the land surface as
the result of a rainfall event.
The division of an existing lot or land parcel; the creation
of a condominium unit; division of an interest in real property (including
land for a public facility) by the owner thereof for the purpose of
sale or building development.
The Wisconsin Department of Natural Resources.
The area of the infiltration system that is used to infiltrate
runoff not including the area used for site access, berms, or pretreatment.
The process by which the land's surface is worn away
by the action of wind, water, ice, or gravity.
Waters listed in § NR 102.11, Wis. Adm. Code.
The unincorporated area within three miles of the corporate
limits of a first, second, or third-class city, or within 1.5 miles
of a fourth-class city or Village.
A condition where all land-disturbing construction activities
at the construction site have been completed and 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 involves equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantee submitted to the Agency by
a permit holder to assure that measures required by this chapter are
carried out in compliance with a stormwater management plan.
A group of soils having similar runoff potential under the
same storm and cover conditions. Major hydrologic soil groups are
group A for sand, loamy sand or sandy loam; group B for silt loam
or loam; group C for sandy clay loam; group D for clay loam, silty
clay loam, sandy clay, silty clay or clay.
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.
An undeveloped area of land located within existing development.
The entry of precipitation or runoff into or through the
soil.
A type of stormwater basin that has no direct outlet and
empties mainly by infiltration of water into the soil.
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, not including
natural infiltration in pervious surfaces such as lawns, redirecting
of rooftop downspouts onto lawns or minimal infiltration from practices,
such as swales or road side channels designed for conveyance and pollutant
removal only.
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit for groundwater,
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
A naturally occurring, glacially derived, depression with
no surface water outlet, commonly identified by internal tick marks
on contour maps.
Any construction or residential or other urban or suburban
development resulting from the conversion of previously undeveloped
land or land used for agriculture.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative and nonvegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. Land-disturbing
construction activity includes, but is not limited to, clearing and
grubbing, demolition, excavating, pit trench dewatering, filling and
grading activities, but does not include agricultural land use or
silviculture activities.
Development that is replacing older development.
Any person operating upon, leasing, or renting land, or having
made any other arrangements with the landowner by which the person
engages in uses of land that are subject to this chapter.
Person holding title to or having an interest in a parcel
of land that includes a site subject to this chapter.
A legal document which provides for long-term maintenance
of stormwater management BMPs that is recorded with the County of
Rock Register of Deeds as a property deed restriction, so that it
is binding upon all subsequent owners of land served by the stormwater
management BMPs.
A level of implementing BMPs in order to achieve a performance
standard specified in this chapter which takes into account the best
available technology, cost effectiveness and other competing issues
such as human safety and welfare, endangered and threatened resources,
historic properties and geographic features. "Maximum extent practicable"
allows flexibility in the means used to meet performance standards
and may vary based on the performance standard and site conditions.
Development resulting from the conversion of previously undeveloped
land or land used for agriculture.
Development that is not residential including the following
land uses: commercial, industrial, government and institutional, recreation,
transportation, communication, and utilities.
A practice, technique, or measure intended to reduce the
volume, peak flow rate, or pollutants in stormwater that does not
require the design or installation of structural stormwater management
facilities.
The Natural Resources Conservation Service, a division of
the United States Department of Agriculture.
Located outside the property boundary described in a permit
application for land development or land redevelopment activity.
Located within the property boundary described in a permit
application for land development or land redevelopment activity.
Has the meaning given in § NR 115.03(6), Wis. Adm.
Code.
Waters listed in § NR 102.10, Wis. Adm. Code.
The maximum volume of stormwater discharged during a specific
unit of time.
The percentage of a given sample of soil that passes through
a #200 sieve.
A narrative or measurable quantity specifying the minimum
acceptable outcome for a facility or practice.
A written authorization issued by the Agency to an applicant
for the conduct of land-disturbing construction activity or the discharge
of post-construction runoff to waters of the state.
An area that releases as runoff a small portion of the rainfall
that falls on it. Lawns, gardens, parks, forests, or other similar
vegetated areas are examples of surfaces that typically are pervious.
To the extent used in this chapter, the Village Board of
the Village of Footville.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
Following the completion of land-disturbing construction
activity and final site stabilization.
Any stormwater discharged from a site following the completion
of land-disturbing construction activity and final site stabilization.
The extent and distribution of land cover types anticipated
to occur under conditions of full development that will influence
rainfall runoff and infiltration.
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 treatment of stormwater prior to its discharge to the
primary stormwater treatment practice in order to reduce pollutant
loads to a level compatible with the capability of the primary practice.
Has the meaning given in § NR 140.05(17), Wis.
Adm. Code.
Essentially public, as in services rendered, although under
private ownership or control.
Has the meaning given in § 84.013(1)(c), Wis. Stats.
Areas where development is replacing older development.
That which is created to house people, including residential
dwellings as well as all attendant portions of the development including
lawns, driveways, sidewalks, garages, and access streets. This type
of development includes single family, multifamily, apartments, and
trailer parks.
Any entity holding fee title to the property or other person
obligated by contract or other agreement to implement and maintain
post-construction stormwater BMPs.
Has the meaning given in § 84.013(1)(d), Wis. Stats.
A type of stormwater basin that has no direct outlet and
empties by infiltration or evaporation.
Stormwater or precipitation including rain, snow or ice melt
or similar water that moves on the land surface via sheet or channelized
flow.
A parameter that combines effects of soils, watershed characteristics
and land use to estimate the amount of runoff from land surfaces.
A type of stormwater basin for the purpose of capturing and
retaining any sedimentation flowing off of sites as a result of land
developing or land-disturbing construction activities.
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:
An area within 1,000 feet of the ordinary high water mark
of navigable lakes, ponds or flowages, or within 300 feet of the ordinary
high water mark of navigable rivers or streams, or to the landward
of the floodplain, whichever distance is greater.
The entire area included in the legal description of the
land described in a permit application on which land-disturbing construction
activity is proposed to take place or has occurred.
An in-person observation of the site by the Agency to determine
compliance with this chapter.
Any physical characteristic that limits the use of a stormwater
BMP or management measure.
A type of land use from which stormwater pollutants are generated
during periods of snowmelt and rainfall runoff. Source areas include
rooftops, sidewalks, driveways, parking lots, storage areas, streets
and lawns.
An order issued by the Agency that requires that all construction
activity on the site be stopped.
Precipitation runoff, snowmelt runoff, surface runoff, and
drainage.
A catchment, created artificially, for the purposes of retaining,
detaining, or infiltrating stormwater. A stormwater basin may also
be designed to collect sedimentation.
A Comprehensive Plan designed to reduce runoff and the discharge
of pollutants from stormwater after a site has undergone final stabilization
following the completion of construction activity.
A Comprehensive Plan designed to reduce runoff and the discharge
of pollutants from hydrologic units on a regional or municipal scale.
Waters of the state, drainage swales, stormwater basins,
storm sewers and pipes, storm drains, pumps and lift stations, roads
with drainage systems, streets, curbs, gutters, ditches, constructed
channels, culverts and all other appurtenances now and hereafter existing,
used or useful in connection with the collection, control, transportation,
treatment, or discharge of stormwater.
Source area BMPs, conveyance measures, and end-of-pipe treatment
that are designed to control stormwater runoff pollutant loads, discharge
volumes, and peak flow discharge rates.
One or more individuals, as may be selected by the Village
Engineer, to advise and assist the engineer in performing his/her
duties as provided for in this chapter.
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 National Resources Conservation Service, Urban Hydrology
for Small Watersheds, Second Edition, Technical Release 55, June 1986.
A highway, a railroad, a public mass transit facility, a
public-use airport, a public trail and 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 and 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". The Type II curve is applicable to all of Wisconsin
and represents the most intense storm pattern.
All lakes, bays, rivers, streams, ponds, wells, impounding
reservoirs, marshes, watercourses, drainage systems and other surface
water or groundwater, natural or artificial, public or private within
Wisconsin, or its jurisdiction.
The type, quality, and significance of the ecological and
cultural benefits provided by wetland resources, such as: flood storage,
water quality protection, groundwater recharge and discharge, shoreline
protection, fish and wildlife habitat, floral diversity, aesthetics,
recreation, and education.
An area where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions. These wetlands include
natural, mitigation, and restored wetlands.
Monday, Tuesday, Wednesday, Thursday, or Friday, excluding
any such day officially observed by the Village as a legal holiday.
