[HISTORY: Adopted by the Mayor and Common Council of the
City of Reedsburg as Ch. 35 of the former Municipal Codebook. Amendments
noted where applicable.]
A.Â
EROSION CONTROL
PERMIT APPLICATION
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
STORMWATER MANAGEMENT
As used in this chapter, the following terms shall have the meanings
indicated:
Stormwater management and erosion control permit application;
Written stormwater management plan with accompanying drawings
and supporting engineering data;
Written erosion control plan with accompanying drawings and
supporting engineering data;
Maintenance agreement; and
Fees.
B.Â
The definition of terms as described in § NR 151.002, Wis.
Adm. Code, shall have the same meanings in this chapter.
The provisions and regulations of Ch. 62, Wis. Stats., and Chs.
NR 281, NR 283 and NR 151, Wis. Adm. Code, adopted by the Wisconsin
Department of Natural Resources are hereby made a part of this chapter
by reference, and shall extend over and govern all of the stormwater
management systems installed, maintained, altered or repaired in the
City of Reedsburg.
The City Engineer and Building Inspector or their designee shall
administer, direct and enforce the provisions of this chapter.
This chapter shall apply to all land disturbing activities greater
than one acre and land disturbing activities of less than one acre
which are adjacent to the FEMA-designated floodplain or the City's
primary north-to-south storm drainageways or adjacent to Babb Creek,
and said land disturbing activities will impact stormwater flow to
or in said floodplain, drainageway or Babb Creek; provided, however,
for the following exemptions and exclusions:
A.Â
Erosion control exemptions.
(1)Â
Nonpoint discharges from agricultural facilities and practices.
(2)Â
Nonpoint discharges from silviculture activities.
(3)Â
Routine maintenance for project sites of under one acre of land disturbance
if performed to maintain the original line and grade, hydraulic capacity
or original purpose of the facility.
B.Â
Stormwater discharge/detention exemptions:
(1)Â
A redevelopment post-construction site with no increase in exposed
parking lots or roads.
(2)Â
A post-construction site 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.
(3)Â
Agricultural facilities and practices.
(4)Â
Silviculture activities.
(5)Â
Underground utility construction such as water, sewer and fiber-optic
lines. This exemption does not apply to the construction of any aboveground
structures associated with utility construction.
C.Â
Stormwater infiltration exclusions:
(1)Â
Areas associated with tier-one industrial facilities identified in
§ NR 216.21(2)(a), Wis. Adm. Code, including storage, loading,
rooftop and parking.
(2)Â
Storage and loading areas of tier-two industrial facilities identified
in § NR 216.21(2)(b), Wis. Adm. Code. Runoff from tier-two
parking and rooftop areas may be infiltrated, but may require pretreatment.
(3)Â
Fueling and vehicle maintenance areas.
(4)Â
Areas within 1,000 feet upgradient or within 100 feet downgradient
of karst features.
(5)Â
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. This does not prohibit infiltration of roof
runoff.
(6)Â
Areas with runoff from industrial, commercial and institutional parking
lots and roads and residential arterial roads with less than five
feet separation distance from the bottom of the infiltration system
to the elevation of seasonal high groundwater or the top of bedrock.
(7)Â
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.
(8)Â
Areas where contaminants of concern, as defined in § NR
720.03(2), Wis. Adm. Code, are present in the soil through which infiltration
will occur.
(9)Â
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 does not prohibit infiltration of roof runoff.
D.Â
Stormwater infiltration exemptions:
(1)Â
Areas where the infiltration rate of the soil is less than 0.6 inches/hour
measured at the site.
(2)Â
Parking areas and access roads less than 5,000 square feet for commercial
and industrial development.
(3)Â
Redevelopment post-construction sites.
(4)Â
In-fill development areas less than five acres.
(5)Â
Infiltration areas during periods when the soil on the site is frozen.
(6)Â
Roads in commercial, industrial and institutional land uses, and
arterial residential roads.
A.Â
Procedures for permit applicants and the City Engineer or Building
Inspector:
(1)Â
All land disturbing activities that are governed by this Code shall
submit a permit application 10 business days before planned land disturbing
activities.
(2)Â
The permit applicant shall be the landowner of the property. The
application will require the landowner's signature.
(3)Â
Within 10 business days of the receipt of a complete permit application,
the City Engineer shall inform the applicant whether the application
is approved or disapproved.
(4)Â
If the permit application is approved, the City Engineer shall issue
the permit.
(5)Â
If the permit application is disapproved, the City Engineer shall
detail, in writing, the reasons for disapproval.
(6)Â
The City Engineer may request additional information from the applicant.
If additional information is submitted, the City Engineer shall have
10 business days from the date the additional information is received
to inform the applicant that the permit application is either approved
or disapproved.
(7)Â
Failure by the City Engineer to inform the permit applicant of a
decision within 15 business days of a required submittal shall be
deemed to mean approval of the submittal, and the applicant may proceed
as if a permit had been issued.
(8)Â
The applicant shall notify the City Engineer when the project has
been completed and final stabilization of the site has occurred. The
City Engineer, or other designee, will perform a final inspection
within three business days of the notification and submit a written
approval or disapproval within five business days of the final inspection.
(9)Â
A denial of a permit may be appealed to the Zoning Board of Appeals.
B.Â
Fees for permit application:
(1)Â
Fee amount shall be as set forth in the current City Fee Schedule
on file in the City's offices.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)Â
The fee is nonrefundable after approval or disapproval of permit
application has been issued.
(3)Â
The fee will be doubled if land disturbing activities occur prior
to permit application approval.
(4)Â
The fee for the permit covers the initial submittal and two resubmittals
for a project. Additional fees will be required for each resubmittal
after the third disapproval.
C.Â
All permits issued under this chapter shall be subject to the following
conditions, and the permit applicant shall be deemed to have accepted
these conditions:
(1)Â
The City Engineer may suspend or revoke a permit for violation of
a permit condition immediately following written notification to the
permittee. An action by the City Engineer to suspend or revoke this
permit may be appealed to the Zoning Board of Appeals.
(2)Â
Compliance with this permit does not relieve the responsibility of
the permittee to comply with other applicable federal, state, and
local laws and regulations.
(3)Â
Installation, inspection, recording, repairs and maintenance of all
stormwater management and erosion control measures shall be in accordance
with the approved stormwater management and erosion control plan.
(4)Â
The permittee shall notify the City Engineer at least three business
days before commencing any work in conjunction with the stormwater
management and erosion control plan and within three business days
upon completion of the stormwater management practices. If required
as a special condition to the permit, the permittee shall make additional
notifications in accordance to a schedule established by the City
Engineer.
(5)Â
The City Engineer shall be notified of any modifications to an approved
stormwater management and erosion control plan. The City Engineer
may require that the proposed modifications supporting documentation
be submitted for approval prior to installation.
(6)Â
The City Engineer shall perform any work or operations necessary to bring the site into conformance with the approved stormwater management and erosion control plan, and the permittee consents to a special assessment or charge against the property as authorized under Subch. VII of Ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 530-11.
(7)Â
If so directed by the City Engineer, the permittee shall repair,
at the permittee'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 and erosion control plan.
(8)Â
The permittee shall provide property access to the City Engineer
for inspecting the property for compliance with the approved stormwater
management and erosion control plan.
(9)Â
Where site development or redevelopment involves changes in direction,
increases in peak rate and/or total volume of runoff from a site,
the City Engineer may require the permittee to make appropriate legal
arrangements with affected property owners concerning the prevention
of endangerment to property or public safety.
D.Â
Permits issued under this subsection may include conditions established
by City Engineer in additional to the requirements needed to meet
the performance standards.
E.Â
Permits issued under this section shall be valid from the date of
issuance through the date the City Engineer notifies the responsible
party that all stormwater management and erosion control practices
have passed the final inspection.
All land disturbing activities governed by this chapter shall
model the peak flows using TR-55 methods and infiltration rates using
SLAMM, P8 or an equivalent program:
A.Â
Peak discharge management design.
(1)Â
By design, BMPs shall reduce the two-, five-, ten-, twenty-five-,
fifty- and 100-year, twenty-four-hour storm post-developed peak discharges
to predeveloped levels.
(2)Â
Predevelopment conditions shall assume good hydrologic conditions
for appropriate land covers as identified in TR-55. However, when
predevelopment land cover is cropland, the runoff curve numbers in
Table 1 shall be used.
Table 1
Maximum Predevelopment Runoff Curve Numbers for Cropland
Areas
| ||||
---|---|---|---|---|
Hydrologic Soil Group
|
A
|
B
|
C
|
D
|
Runoff Curve Number
|
56
|
70
|
79
|
83
|
(3)Â
Post-development conditions shall assume good hydrologic conditions
for appropriate land covers as identified in TR-55.
(4)Â
The BMP shall be designed to release peak flows at a safe rate for
the two-, five-, ten-, twenty-five-, fifty- and 100-year, twenty-four-hour
storm events.
B.Â
Infiltration design.
(1)Â
BMPs shall be designed, installed, and maintained to infiltrate runoff
to the maximum extent practicable.
(2)Â
For residential developments, one of the following shall be met:
(a)Â
Post-development infiltration volume shall be at least 90% of
the predevelopment infiltration volume, based on an average annual
rainfall. No more than 1% of the project site is required as an effective
infiltration area.
(b)Â
Infiltrate 25% of the post-development runoff from the two-year,
twenty-four-hour design storm event. Separate curve numbers for pervious
and impervious surfaces shall be used to calculate runoff volumes
and not composite curve numbers as defined in TR-55. No more than
1% of the project site is required as an effective infiltration area.
C.Â
For nonresidential development, including commercial, industrial
and institutional development, one of the following shall be met:
(1)Â
Post-development infiltration volume shall be at least 60% of the
predevelopment infiltration volume, based on an average annual rainfall.
No more than 2% of the project site is required as an effective infiltration
area.
(2)Â
Infiltrate 10% of the runoff from the two-year, twenty-four-hour
design storm. 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. No more than 2% of the project site is
required as an effective infiltration area.
D.Â
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. Pretreatment options may include, but are not
limited to, oil/grease separation, sedimentation, biofiltration, filtration,
swales or filter strips.
All land disturbing activities that are governed by this chapter
shall have a stormwater management plan. The stormwater management
plan shall contain, at a minimum, the following information:
A.Â
Name, address, and telephone number for the following:
(1)Â
Landowner.
(2)Â
Developer.
(3)Â
Stormwater management designer.
(4)Â
Contractor responsible for installation of stormwater management
practices.
(5)Â
Responsible party for reporting, monitoring, maintaining and repairing
stormwater management facilities during construction.
(6)Â
Responsible party for reporting, monitoring, maintaining and repairing
stormwater management facilities post-construction.
B.Â
A legal description of the property to be developed and street address
if applicable.
C.Â
Predevelopment site conditions map(s), including:
(1)Â
A scaled map with North arrow.
(2)Â
A vertical bench mark.
(3)Â
The property boundary, rights-of-way and easements.
(4)Â
Predominant soil types and hydrologic soil groups.
(5)Â
Predeveloped cover type and condition.
(6)Â
Watershed boundaries used in hydrology determinations.
(7)Â
Existing two-foot contour interval or less.
(8)Â
Topography and drainage patterns, including enough of the contiguous
properties to show runoff patterns onto, through, and from the site.
(9)Â
Watercourses that may affect or be affected by runoff from the site.
(10)Â
Rivers, ponds, streams, wetlands, channels, ditches, and other
watercourses on and immediately adjacent to the site.
(11)Â
Limits of the 100-year floodplain.
(12)Â
Location of wells and wellhead protection areas adjacent to
the site.
(13)Â
Limits of land disturbing activities.
(14)Â
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).
D.Â
Post-development site conditions map(s) including:
(1)Â
A scaled map with North arrow.
(2)Â
A vertical benchmark.
(3)Â
The property boundary, rights-of-way and easements.
(4)Â
Predominant soil types and hydrologic soil groups.
(5)Â
Predeveloped cover type and condition.
(6)Â
Watershed boundaries used in hydrology determinations.
(7)Â
Proposed two-foot contour interval or less.
(8)Â
Topography and drainage patterns, including enough of the contiguous
properties to show runoff patterns onto, through and from the site.
(9)Â
Watercourses that may affect or be affected by runoff from the site.
(10)Â
Rivers, ponds, streams, wetlands, channels, ditches, and other
watercourses on and immediately adjacent to the site.
(11)Â
Limits of the 100-year floodplain.
(12)Â
Location of wells and wellhead protection areas adjacent to
the site.
(13)Â
Limits of land disturbing activities.
(14)Â
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).
E.Â
Stormwater management map(s), including:
(1)Â
A scaled map with North arrow.
(2)Â
A vertical bench mark.
(3)Â
The proposed property boundary, rights-of-way and easements.
(4)Â
Proposed two-foot contour interval or less.
(5)Â
Topography, including enough of the contiguous properties to show
runoff patterns onto, through, and from the site.
(6)Â
Watercourses that may affect or be affected by runoff from the site.
(7)Â
Rivers, ponds, streams, wetlands, channels, ditches, and other watercourses
on and immediately adjacent to the site.
(8)Â
Limits of the 100-year floodplain.
(9)Â
Location of wells and wellhead protection areas adjacent to the site.
(10)Â
Limits of land disturbing activities.
(11)Â
BMP detail information such as location, storage volume, size,
bottom elevation, overflow elevation, outlet structure, top of berm
elevation and all other information required to determine that the
BMP was adequately sized.
F.Â
Hydrology computations as needed to show compliance with performance
standards. The computations shall be made for each discharge point
in the development, and the geographic areas used in making the calculations
shall be clearly cross-referenced to the required map(s).
G.Â
Results of investigations of soils and groundwater required for the
placement and design of stormwater management measures. Detailed drawings
including cross sections and profiles of all permanent stormwater conveyance and treatment practices.
H.Â
A description and installation schedule for the stormwater management
practices needed to meet the performance standards.
I.Â
A maintenance plan developed for the life of each stormwater management practice as stated in § 530-9D.
J.Â
Cost estimates for the construction, operation, and maintenance of
each stormwater management practice.
K.Â
Other information requested, in writing, by the City Engineer or
City Engineer's designee to determine compliance of the proposed stormwater
management measures with the provisions of this chapter.
L.Â
All site investigations, plans, designs, computations, and drawings
shall be certified by a licensed professional engineer to be prepared
in accordance with accepted engineering practice and requirements
of this chapter.
All land disturbing activities that are governed by this chapter
shall be required to reduce erosion during construction and post-construction:
A.Â
Erosion control during construction. By design, BMPs shall reduce
the sediment load in runoff by 80%.
B.Â
Post-construction erosion and sediment control:
(1)Â
For new development, by design, reduce the total suspended solids
load by 80% based on the average annual rainfall, as compared to no
runoff management controls.
(2)Â
For redevelopment, by design, reduce the total suspended solids load
by 40% based on the average annual rainfall, as compared to no runoff
management controls.
(3)Â
For in-fill development under five acres that occurs within 10 years
after the effective date of this chapter, by design, reduce the total
suspended solids load by 40% based on an average annual rainfall,
as compared to no runoff management controls.
(4)Â
For in-fill development that occurs 10 or more years after the effective
date of this chapter, by design, reduce the total suspended solids
load by 80% based on an average annual rainfall, as compared to no
runoff management controls.
(5)Â
Notwithstanding Subsection B(1) to (4), if the design cannot achieve the applicable total suspended solids reduction specified, the erosion control plan shall include a written and site-specific explanation why that level of reduction is not attained and the total suspended solids load shall be reduced to the maximum extent practicable.
(6)Â
Wisconsin Department of Natural Resources has created Conservation
Practice Standards which shall be used to design BMPs.
All land-disturbing activities that are governed by this chapter
shall submit a written erosion control plan with accompanying drawings
and supporting engineering data which shall contain, at a minimum,
the following information:
A.Â
Name, address, and telephone number for the following:
(1)Â
Landowner.
(2)Â
Developer.
(3)Â
Erosion control designer.
(4)Â
Contractor responsible for installation of erosion control practices.
(5)Â
Responsible party for reporting, monitoring, maintaining and repairing
erosion control measures during construction.
(6)Â
Responsible party for reporting, monitoring, maintaining and repairing
erosion control measures post-construction.
B.Â
A legal description of the property to be developed and street address,
if applicable.
C.Â
A description and installation schedule for the erosion control practices
needed to meet the performance standards.
D.Â
A maintenance plan developed for erosion control practice, including
the required maintenance activities and maintenance activity schedule.
E.Â
Cost estimates for the construction, operation, and maintenance of
each permanent erosion control structure.
F.Â
Other information requested, in writing, by the City Engineer to
determine compliance of the proposed stormwater management measures
with the provisions of this chapter.
G.Â
All site investigations, plans, designs, computations, and drawings
shall be certified by a licensed professional engineer to be prepared
in accordance with accepted engineering practice and requirements
of this chapter.
A.Â
A maintenance agreement for stormwater management practices shall
be between the City and the responsible party to provide for maintenance
of stormwater practices beyond the duration period of the permit.
The maintenance agreement shall be filed with the 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.Â
The maintenance agreement shall contain the following information
and provisions:
(1)Â
Identification of the stormwater facilities and designation of the
drainage area served by the facilities.
(2)Â
A schedule for regular maintenance of each aspect of the stormwater
management system consistent with the stormwater management plan.
(3)Â
Identification of the responsible party(parties) for long-term maintenance
of the stormwater management practices identified in the stormwater
management plan.
(4)Â
Requirement that the responsible party(parties) shall maintain stormwater management practices in accordance with the schedule in Subsection B(2).
(5)Â
Authorization for the City Engineer 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)Â
A requirement of the City Engineer to maintain public records of
the results of the site inspections, to inform the 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)Â
A requirement that the party designated under Subsection B(3) as responsible for long-term maintenance of the stormwater management practices be notified by the City Engineer of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the City Engineer.
(8)Â
Authorization of the City Engineer to perform the corrected actions identified in the inspection report if the responsible party designated under Subsection B(3) does not make the required corrections in the specified time period. The City Engineer shall enter the amount due on the tax rolls and collect the money as a special assessment against the property pursuant to Subch. VII of Ch. 66, Wis. Stats.
A.Â
The City may require the submittal of a financial guarantee by the
landowner, the form and type of which shall be acceptable to the City
Engineer. The financial guarantee shall be in an amount determined
by the City Engineer 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 give
the City Engineer 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 City Engineer
that the requirements of this chapter have not been met.
B.Â
Conditions for the release of the financial guarantee are as follows:
(1)Â
The City Engineer shall release the portion of the financial guarantee
established under this section, less any costs incurred by the City
Engineer to complete installation of practices, upon submission of
as built plans by a licensed professional engineer. The City Engineer
may make provisions for a partial, pro rata release of the financial
guarantee based on the completion of various development stages.
(2)Â
The City Engineer shall release the portion of the financial guarantee
established under this section to assure maintenance of stormwater
practices, less any costs incurred by the City Engineer, at such time
that the responsibility for practice maintenance is passed on to another
entity via an approved maintenance agreement.