[Adopted 7-13-2020 by Ord. No. 200713-1[1]]
[1]
Editor's Note: This article derives from Ch. 33 of the former
Municipal Code, adopted 4-21-2016.
A.
This article is adopted by the Village of Fox Crossing under the
authority granted by § 61.354, Wis. Stats. This article
supersedes all provisions of an ordinance previously enacted under
§ 62.23, Wis. Stats., that relate to stormwater management
regulations. Except as otherwise specified in § 61.354,
Wis. Stats., § 62.23, Wis. Stats., applies to this article
and to any amendments to this article.
B.
The provisions of this article are deemed not to limit any other
lawful regulatory powers of the same governing body.
C.
The Village Board, Village of Fox Crossing, hereby designates the
Department of Community Development to administer and enforce the
provisions of this article.
D.
The requirements of this article do not preempt more stringent stormwater
management requirements that may be imposed by any of the following:
The Village Board finds that uncontrolled, post-construction
runoff has a significant impact upon water resources and the health,
safety and general welfare of the community and diminishes the public
enjoyment and use of natural resources. Specifically, uncontrolled
post-construction runoff can:
A.
Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
B.
Diminish the capacity of lakes and streams to support fish, aquatic
life, and recreational and water supply uses by increasing pollutant
loading of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
C.
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads.
D.
Reduce the quality of groundwater by increasing pollutant loading.
E.
Threaten public health, safety, property and general welfare by overtaxing
storm sewers, drainageways, and other minor drainage facilities.
F.
Threaten public health, safety, property and general welfare by increasing
major flood peaks and volumes.
G.
Undermine floodplain management efforts by increasing the incidence
and levels of flooding.
A.
Purpose. The general purpose of this article is to establish long-term,
post-construction runoff management requirements that will diminish
the threats to public health, safety, welfare and the aquatic environment.
Specific purposes are to:
(1)
Further the maintenance of safe and healthful conditions.
(2)
Prevent and control the adverse effects of stormwater; prevent and
control soil erosion; prevent and control water pollution; protect
spawning grounds, fish and aquatic life; control building sites, placement
of structures and land uses; preserve ground cover and scenic beauty;
and promote sound economic growth.
(3)
Control exceedance of the safe capacity of existing drainage facilities
and receiving water bodies; prevent undue channel erosion; control
increases in the scouring and transportation of particulate matter;
and prevent conditions that endanger downstream property.
B.
Intent. It is the intent of the Village Board that this article regulates
post-construction stormwater discharges to waters of the state. This
article may be applied on a site-by-site basis. The Village Board
recognizes, however, that the preferred method of achieving the stormwater
performance standards set forth in this article is through the preparation
and implementation of comprehensive, systems-level stormwater management
plans that cover hydrologic units, such as watersheds, on a municipal
and regional scale. Such plans may prescribe regional stormwater devices,
practices or systems, any of which may be designed to treat runoff
from more than one site prior to discharge to waters of the state.
Where such plans are in conformance with the performance standards
developed under § 281.16, Wis. Stats., for regional stormwater
management measures and have been approved by the Village Board, it
is the intent of this article that the approved plan be used to identify
post-construction management measures acceptable for the community.
A.
Applicability.
(1)
Where not otherwise limited by law, this article applies to all post-construction sites, unless the site is otherwise exempt under Subsection A(2).
(2)
A post-construction site that meets any of the following criteria
is exempt from the requirements of this article:
(a)
One- and two-family residential dwellings that are not part
of a larger common plan of development or sale and that result in
less than one acre of disturbance.
(b)
Nonpoint discharges from agricultural activity areas.
(c)
Nonpoint discharges from silviculture activities.
(d)
Mill and crush operations.
(3)
Notwithstanding the applicability requirements in Subsection A(1), this article applies to post-construction sites of any size that, in the opinion of the Director of Community Development, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
B.
Jurisdiction. This article applies to post-construction sites within
the boundaries and jurisdiction of the Village of Fox Crossing.
C.
Exclusions. This article is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.,
but also including the office of district attorney, which is subject
to the state plan promulgated or a memorandum of understanding entered
into under § 281.33(2), Wis. Stats.
As used in this article, the following terms shall have the
meanings indicated:
Maintenance of sufficient vegetation types and densities
such that the physical integrity of the stream bank or lake shore
is preserved. Self-sustaining vegetative cover includes grasses, forbs,
sedges and duff layers of fallen leaves and woody debris.
A governmental employee or a regional planning commission
empowered under § 61.354, Wis. Stats., that is designated
by the Village Board to administer this article.
The part of the farm where there is planting, growing, cultivating
and harvesting of crops for human or livestock consumption and pasturing
or outside yarding of livestock, including sod farms and silviculture.
Practices in this area may include waterways, drainage ditches, diversions,
terraces, farm lanes, excavation, filling and similar practices. The
agricultural activity area does not include the agricultural production
area.
The part of the farm where there is concentrated production
activity or impervious surfaces. Agricultural production areas include
buildings, driveways, parking areas, feed storage structures, manure
storage structures, and other impervious surfaces. The agricultural
production area does not include the agricultural activity area.
The National Oceanic and Atmospheric Administration (NOAA)
Atlas 14 Precipitation Frequency Atlas of the United States, Volume
8 (Midwestern States), published in 2013.
A calendar year of precipitation, excluding snow, which is
considered typical. For purposes of this article, average annual rainfall
means measured precipitation in Green Bay, Wisconsin, between March
29 and November 25, 1969.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the state.
A day the office of the Department of Community Development
is routinely and customarily open for business.
A court-issued order to halt land disturbing construction
activity that is being conducted without the required permit.
A system for conveying both sanitary sewage and stormwater
runoff.
A development or sale where multiple separate and distinct
land disturbing construction activities may be taking place at different
times on different schedules but under one plan. A common plan of
development or sale includes, but is not limited to, subdivision plats,
certified survey maps, and other developments.
An impervious surface connected to the waters of the state
via a separate storm sewer, an impervious flow path, or a minimally
pervious flow path.
An area upon which one or more land disturbing construction
activities occur, including areas that are part of a larger common
plan of development or sale.
The Department of Community Development, Village of Fox Crossing.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall. The TR-55, Type II, twenty-four-hour
design storms for the Village of Fox Crossing are: one-year, 2.3 inches;
two-year, 2.6 inches; five-year, 3.4 inches; ten-year, 3.9 inches;
twenty-five-year, 4.5 inches; fifty-year, 5.0 inches; and one-hundred-year,
5.5 inches. The Atlas 14, MSE4, twenty-four-hour design storms for
the Village of Fox Crossing are: one-year, 2.19 inches; two-year,
2.51 inches; five-year, 3.09 inches; ten-year, 3.62 inches; twenty-five-year,
4.42 inches; fifty-year, 5.10 inches; and one-hundred-year, 5.83 inches.
Residential, commercial, industrial, institutional, or other
land uses and associated roads.
Wells, sinkholes, swallets, fractured bedrock at the surface,
mine shafts, nonmetallic mines, tile inlets discharging to groundwater,
quarries, or depressional groundwater recharge areas over shallow
fractured bedrock.
The Director of Community Development, Village of Fox Crossing,
and for the purpose of this article shall be the administering authority.
The creation from one or more parcels or building sites of
additional parcels or building sites where such creation occurs at
one time or through the successive partition within a five-year period.
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
The process by which the land's surface is worn away by the
action of wind, water, ice or gravity.
Waters listed in § NR 102.11, Wis. Adm. Code.
Development in existence on October 1, 2004, for development
for which a stormwater permit in accordance with Subchapter III of
Ch. NR 216, Wis. Adm. Code, was received on or before October 1, 2004.
The unincorporated area within three miles of the corporate
limits of a first-, second- or third-class city or within 1.5 miles
of a fourth-class city or village.
Soil that has at least a three-foot-deep layer with at least
20% fines or at least a five-foot-deep layer with at least 10% fines
or an engineered soil with an equivalent level of protection as determined
by the Director of Community Development for the site.
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 employment of equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the Department
of Community Development by the responsible party to assure that requirements
of this article are carried out in compliance with the stormwater
management plan.
Village Board, Village of Fox Crossing.
Has the meaning given in § 340.01(22), Wis. Stats.
Has the meaning given in § 84.013(1)(b), Wis. Stats.
Has the meaning given in § 84.013(1)(c), Wis. Stats.
Has the meaning given in § 84.013(1)(d), Wis. Stats.
An area that releases as runoff all or a large portion of
the precipitation that falls on it, except for frozen soil. Rooftops,
sidewalks, driveways, parking lots and streets are examples of areas
that typically are impervious. Gravel surfaces are considered impervious,
unless specifically designed to encourage infiltration.
An undeveloped area of land or new development area located
within an existing urban sewer service area, surrounded by development
or development and natural or man-made features where development
cannot occur. Infill does not include any undeveloped area that was
part of a larger new development for which a stormwater permit in
accordance with Subchapter III of Ch. NR 216, Wis. Adm. Code, was
required to be submitted after October 1, 2004, to the Wisconsin Department
of Natural Resources or Wisconsin Department of Safety and Professional
Services (formerly Department of Commerce).
The entry and movement of precipitation or runoff into or
through soil.
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices, such as swales or roadside channels, designed for
conveyance and pollutant removal only.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover that may result in runoff and lead to an increase in soil
erosion and movement of pollutants into the municipal separate storm
sewer or waters of the state. "Land disturbing construction activity"
includes clearing and grubbing, demolition, excavating, pit trench
dewatering, filling and grading activities, and soil stockpiling.
A legal document that provides for long-term maintenance
of stormwater management and best management practices.
The highest level of performance that is achievable but is
not equivalent to a performance standard identified within this article.
"Maximum extent practicable" applies when the permit applicant demonstrates
to the Director of Community Development's satisfaction that a performance
standard is not achievable and that a lower level of performance is
appropriate. In making the assertion that a performance standard is
not achievable and that a level of performance different from the
performance standard is the maximum extent practicable, the permit
applicant shall take into account the best available technology, cost
effectiveness, geographic features, and other competing interests
such as protection of public safety and welfare, protection of endangered
and threatened resources, and preservation of historic properties.
Reconstruction of a highway that is limited to 1.5 miles
in continuous or aggregate total length of realignment and that does
not exceed 100 feet in width of roadbed widening and that does not
include replacement of a vegetated drainage system with a nonvegetated
drainage system except where necessary to convey runoff under a highway
or private road or driveway.
A specific precipitation distribution developed by the United
States Department of Agriculture, Natural Resources Conservation Service,
using precipitation data from Atlas 14.
Has the meaning given in § 30.01(4m), Wis. Stats.
That portion of a post-construction site where impervious
surfaces are being created or expanded. Any disturbance where the
amount of impervious area for the post-development condition is greater
than the pre-development condition is classified as new development.
For purposes of this article, a post-construction site is classified
as new development, redevelopment, routine maintenance, or some combination
of these three classifications as appropriate.
Any dam, wall, embankment, pile, abutment, projection, excavation,
culvert, building, fence (wire or opaque), rock gravel, refuse, fill,
structure, or matter in, along, across, or projecting into any pond,
drainage easement, swale, or stormwater facility. Existing structures
shall not be considered obstructions if the stormwater facilities
are designed to accommodate the existing structures.
Located outside the property boundary described in the permit
application.
Located within the property boundary described in the permit
application.
Has the meaning given in § NR 115.03(6), Wis. Adm.
Code.
Waters listed in § NR 102.10, Wis. Adm. Code.
The percentage of a given sample of soil which passes through
a No. 200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization issued by the Department of Community
Development to the applicant to conduct land disturbing construction
activity or to discharge post-construction runoff to waters of the
state.
A sum of money paid to the Department of Community Development
by the permit applicant for the purpose of recouping the expenses
incurred by the authority in administering the permit.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
A construction site following the completion of land disturbing
construction activity and final site stabilization.
The extent and distribution of land cover types present after
the completion of land disturbing construction activity and final
site stabilization.
The extent and distribution of land cover types present before
the initiation of land disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
Has the meaning given in § NR 140.05(17), Wis.
Adm. Code.
That portion of a post-construction site where impervious
surfaces are being reconstructed, replaced, or reconfigured. Any disturbance
where the amount of impervious area for the post-development condition
is equal to or less than the pre-development condition is classified
as redevelopment. For purposes of this article, a post-construction
site is classified as new development, redevelopment, routine maintenance,
or some combination of these three classifications as appropriate.
Any entity holding fee title to the property or other person
contracted or obligated by other agreement to implement and maintain
post-construction stormwater BMPs.
That portion of a post-construction site where pre-development
impervious surfaces are being maintained to preserve the original
line and grade, hydraulic capacity, drainage pattern, configuration,
or purpose of the facility. Remodeling of buildings and resurfacing
of parking lots, streets, driveways, and sidewalks are examples of
routine maintenance, provided the lower 1/2 of the impervious surface's
granular base is not disturbed. The disturbance shall be classified
as redevelopment if the lower 1/2 of the granular base associated
with the pre-development impervious surface is disturbed or if the
soil located beneath the impervious surface is exposed. For purposes
of this article, a post-construction site is classified as new development,
redevelopment, routine maintenance, or some combination of these three
classifications as appropriate.
Stormwater or precipitation including rain, snow or ice melt
or similar water that moves on the land surface via sheet or channelized
flow.
Settleable material that is transported by runoff, suspended
within runoff or deposited by runoff away from its original location.
A conveyance or system of conveyances, including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria:
Activities including tree nursery operations, tree harvesting
operations, reforestation, tree thinning, prescribed burning, and
pest and fire control. Clearing and grubbing of an area of a construction
site is not a silviculture activity.
The entire area included in the legal description of the
land on which the land disturbing construction activity occurred.
An order issued by the Department of Community Development
which requires that all construction activity on the site be stopped.
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has undergone final stabilization
following completion of the construction activity.
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
Any man-made object with form, shape and utility, either
permanently or temporarily attached to, placed upon, or set into the
ground, which includes but is not limited to such objects as roofed
and/or walled buildings, storage tanks, bridges, culverts, signs,
decorations, carports, machinery and equipment, and fences, excluding
any structure for utility purposes (i.e., telephone, cable, electrical,
etc.), that has been designed into the stormwater management plan.
The term also includes fill or filling which is the act by which earth,
sand, gravel, rock, or any other material is deposited, placed, replaced,
pushed, dumped, pulled, transported, or moved by man to a new location
and shall include the conditions resulting therefrom.
A performance standard that will apply in a specific area,
where additional practices beyond those contained in this article
are necessary to meet water quality standards. A total maximum daily
load is an example of a targeted performance standard.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
An edge, or point on the landscape, landward from the ordinary
high-water mark of a surface water of the state, where the slope of
the land begins to be less than 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the initial
50 feet, landward from the ordinary high-water mark, the top of the
channel is the ordinary high-water mark.
The amount of pollutants, specified as a function of one
or more water quality parameters, that can be discharged per day into
a water quality limited segment and still ensure attainment of the
applicable water quality standard.
The Technical Paper No. 40, Rainfall Frequency Atlas of the
United States, published in 1961.
The United States Department of Agriculture, Natural Resources
Conservation Service (previously Soil Conservation Service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986, which is incorporated by reference for this article.
A public street, a public road, a public highway, a railroad,
a public mass transit facility, a public use airport, a public trail,
or any other public work for transportation purposes such as harbor
improvements under § 85.095(1)(b), Wis Stats. "Transportation
facility" does not include building sites for the construction of
public buildings and buildings that are places of employment that
are regulated by the Wisconsin Department of Natural Resources pursuant
to § 281.33, Wis. Stats.
A rainfall type curve as established in the United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published 1973, which is incorporated by reference for this article.
The Type II curve is applicable to all of Wisconsin and represents
the most intense storm pattern.
The Village Board, Village of Fox Crossing.
Has the meaning given in § 283.01(20), Wis. Stats.
The following methods shall be used in designing and maintaining
the water quality, peak discharge, infiltration, protective area,
fueling/vehicle maintenance, and swale treatment components of stormwater
practices needed to meet the water quality standards of this article:
A.
Technical standards identified, developed or disseminated by the
Wisconsin Department of Natural Resources under Subchapter V of Ch.
NR 151, Wis. Adm. Code.
B.
Technical standards and guidance identified within the Village of
Fox Crossing Stormwater Reference Guide. Changes to the Reference
Guide which are administrative or technical in nature shall not require
Village Board approval. Changes to the Reference Guide that relate
to performance standards and requirements shall be presented to the
Village Board at a public hearing for adoption.
C.
Where technical standards have not been identified or developed by
the Wisconsin Department of Natural Resources, other technical standards
may be used provided that the methods have been approved by the Director
of Community Development.
D.
In this article, the following year and location has been selected
as average annual rainfall: Green Bay, 1969 (March 29 to November
25).
A.
Responsible party. The responsible party shall develop and implement
a post-construction stormwater management plan that incorporates the
requirements of this section.
B.
Plan. A written stormwater management plan in accordance with § 400-24 shall be developed and implemented for each post-construction site.
C.
Requirements. The stormwater management plan shall meet the following
minimum requirements to the maximum extent practicable:
(1)
Water quality. Best management practices shall be designed, installed
and maintained to control pollutants carried in runoff from the post-construction
site. The design shall be based on the average annual rainfall, as
compared to no runoff management controls.
(a)
For post-construction sites with 20,000 square feet or more
of impervious surface disturbance and post-construction sites with
one acre or more of land disturbance, the following is required:
[1]
Except as provided in Subsection C(1)(a)[2] and [3], a pollutant reduction is required as follows:
|
Total Suspended Solids (TSS) and Total Phosphorus (TP)
Reduction
| ||||||
|---|---|---|---|---|---|---|
|
New Development
|
Redevelopment
|
Routine Maintenance
| ||||
|
Watershed
|
TSS
|
TP
|
TSS
|
TP
|
TSS
|
TP
|
|
Fox River
|
80%
|
41%
|
72%
|
41%
|
72%
|
41%
|
|
Mud Creek
|
80%
|
48%
|
43%
|
48%
|
43%
|
48%
|
|
Neenah Slough
|
80%
|
41%
|
52%
|
41%
|
52%
|
41%
|
|
Lake Winnebago
|
80%
|
40%
|
40%
| |||
[2]
A pollutant reduction is not required for routine maintenance
areas that are part of a post-construction site with less than five
acres of disturbance.
[3]
With approval from the Director of Community Development, a
post-construction site draining into a Village of Fox Crossing owned
regional pond meets the pollutant reduction requirement.
(b)
For post-construction sites with less than 20,000 square feet
of impervious surface disturbance, reduce the pollutant load using
BMPs from the Village of Fox Crossing Stormwater Reference Guide.
These sites are not required to satisfy a numeric performance standard.
(c)
Sites with a cumulative addition of 20,000 square feet or greater of impervious surfaces after December 31, 2007, are required to satisfy the performance standards within Subsection C(1)(a)[1] and [2].
(d)
The amount of pollutant control previously required for the
site shall not be reduced as a result of the proposed development
or disturbance.
(e)
When designing BMPs, runoff draining to the BMP from off-site areas shall be taken into account in determining the treatment efficiency of the practice. Any impact on the BMP efficiency shall be compensated for by increasing the size of the BMP accordingly. The pollutant load reduction provided by the BMP for an off-site area shall not be used to satisfy the required on-site pollutant load reduction, unless otherwise approved by the Director of Community Development in accordance with Subsection E.
(f)
If the design cannot meet the water quality performance standards of Subsection C(1)(a) through (e), the stormwater management plan shall include a written, site-specific explanation of why the water quality performance standard cannot be met and why the pollutant load will be reduced only to the maximum extent practicable. Except as provided in Subsection F, the Director of Community Development may not require any person to exceed the applicable water quality performance standard to meet the requirements of maximum extent practicable.
(2)
Peak discharge. Best management practices shall be designed, installed
and maintained to control peak discharges from the post-construction
site.
(a)
For post-construction sites with 20,000 square feet or more
of impervious surface disturbance and post-construction sites with
one acre or more of land disturbance, the following is required:
[1]
The peak post-development discharge rate shall not exceed the
peak pre-development discharge rate for the one-, two-, ten-, and
one-hundred-year, twenty-four-hour design storms. These peak discharge
requirements apply to new development and redevelopment areas. No
peak discharge control is required for routine maintenance areas,
unless runoff from the routine maintenance area discharges into a
proposed peak flow control facility.
[2]
TR-55 methodology, Atlas 14 precipitation depths, and the MSE3
or MSE4 distribution shall be used for peak discharge calculations,
unless the administering authority approves the TP-40 precipitation
depths and Type II distribution. The meanings of hydrologic soil group
and runoff curve numbers are as determined in TR-55. Unless the site
is currently woodland, peak pre-development discharge rates shall
be determined using the following runoff curve numbers for a "meadow"
vegetative cover:
|
Maximum Pre-Development Runoff Curve Numbers
| ||||
|---|---|---|---|---|
|
Hydrologic Soil Group
| ||||
|
Vegetative Cover
|
A
|
B
|
C
|
D
|
|
Meadow
|
30
|
58
|
71
|
78
|
|
Woodland
|
30
|
55
|
70
|
77
|
(b)
For post-construction sites with less than 20,000 square feet
of impervious surface disturbance, reduce peak post-development discharge
rates using BMPs from the Village of Fox Crossing Stormwater Reference
Guide. These sites are not required to satisfy a numeric performance
standard.
(c)
Sites with a cumulative addition of 20,000 square feet or greater of impervious surfaces after December 31, 2007, are required to satisfy the performance standards within Subsection C(2)(a)[1] and [2].
(d)
The amount of peak discharge control previously required for
the site shall not be reduced as a result of the proposed development
or disturbance.
(e)
When designing BMPs, runoff draining to the BMP from off-site areas shall be taken into account in determining the performance of the practice. Any impact on the BMP performance shall be compensated for by increasing the size of the BMP accordingly. The peak discharge reduction provided by the BMP for an off-site area shall not be used to satisfy the required on-site peak discharge reduction, unless otherwise approved by the Director of Community Development in accordance with Subsection E.
(f)
An adequate outfall shall be provided for each point of concentrated
discharge from the post-construction site. An adequate outfall consists
of nonerosive discharge velocities and reasonable downstream conveyance.
(3)
Infiltration. Best management practices shall be designed, installed, and maintained to infiltrate runoff from the post-construction site, except as provided in Subsection C(3)(h) through (l).
(a)
For post-construction sites with 20,000 square feet or more
of impervious surface disturbance and post-construction sites with
one acre or more of land disturbance, the following shall be required:
[1]
Low imperviousness. For development up to 40% connected imperviousness,
such as parks, cemeteries, and low-density residential development,
infiltrate sufficient runoff volume so that the post-development infiltration
volume shall be at least 90% of the pre-development infiltration volume,
based on an average annual rainfall. However, when designing appropriate
infiltration systems to meet this requirement, no more than 1% of
the post-construction site is required as an effective infiltration
area.
[2]
Moderate imperviousness. For development with more than 40%
and up to 80% connected imperviousness, such as medium- and high-density
residential, multifamily development, industrial and institutional
development, and office parks, infiltrate sufficient runoff volume
so that the post-development infiltration volume shall be at least
75% of the pre-development infiltration volume, based on an average
annual rainfall. However, when designing appropriate infiltration
systems to meet this requirement, no more than 2% of the post-construction
site is required as an effective infiltration area.
[3]
High imperviousness. For development with more than 80% connected
imperviousness, such as commercial strip malls, shopping centers,
and commercial downtowns, infiltrate sufficient runoff volume so that
the post-development infiltration volume shall be at least 60% of
the pre-development infiltration volume, based on an average annual
rainfall. However, when designing appropriate infiltration systems
to meet this requirement, no more than 2% of the post-construction
site is required as an effective infiltration area.
(b)
Pre-development condition shall assume "good hydrologic conditions"
for appropriate land covers as identified in TR-55 or an equivalent
methodology approved by the administering authority. The meanings
of "hydrologic soil group" and "runoff curve number" are as determined
in TR-55. The actual pre-development vegetative cover and the following
pre-development runoff curve numbers shall be used:
|
Maximum Pre-Development Runoff Curve Numbers
| ||||
|---|---|---|---|---|
|
Hydrologic Soil Group
| ||||
|
Vegetative Cover
|
A
|
B
|
C
|
D
|
|
Woodland
|
30
|
55
|
70
|
77
|
|
Grassland
|
39
|
61
|
71
|
78
|
|
Cropland
|
55
|
69
|
78
|
83
|
(c)
For post-construction sites with less than 20,000 square feet
of new impervious surfaces, infiltrate runoff volume using BMPs from
the Village of Fox Crossing Stormwater Reference Guide. These sites
are not required to satisfy a numeric performance standard.
(e)
The amount of infiltration previously required for the site
shall not be reduced as a result of the proposed development or disturbance.
(f)
When designing BMPs, runoff draining to the BMP from off-site areas shall be taken into account in determining the performance of the practice. Any impact on the BMP performance shall be compensated for by increasing the size of the BMP accordingly. The runoff volume reduction provided by the BMP for an off-site area shall not be used to satisfy the required on-site runoff volume reduction, unless otherwise approved by the Director of Community Development in accordance with Subsection E.
(g)
Pretreatment. Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection C(3)(n). Pretreatment options shall include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(h)
Source area prohibitions. Runoff from the following areas may not be infiltrated and may not qualify as contributing to meeting the requirements of Subsection C(3) unless demonstrated to meet the conditions of Subsection C(3)(n):
[1]
Areas associated with a Tier 1 industrial facility identified
in § NR 216.21(2)(a), Wis. Adm. Code, including storage,
loading, and parking. Rooftops may be infiltrated with the concurrence
of the Director of Community Development.
[2]
Storage and loading areas of a Tier 2 industrial facility identified
in § NR 216.21(2)(b), Wis. Adm. Code.
[3]
Fueling and vehicle maintenance areas. Rooftops of fueling and
vehicle maintenance areas may be infiltrated with the concurrence
of the Director of Community Development.
(i)
Source area exemptions. Runoff from the following areas may
be credited toward meeting the requirement when infiltrated, but the
decision to infiltrate runoff from these sources is optional:
[1]
Parking areas and access roads less than 5,000 square feet for
commercial development.
[2]
Parking areas and access roads less than 5,000 square feet for industrial development not subject to the prohibitions under Subsection C(3)(h).
[4]
Infill development areas less than five acres.
[5]
Roads in commercial, industrial and institutional land uses,
and arterial residential roads.
(j)
Prohibition. Infiltration practices may not be located in the
following areas:
[1]
Areas within 1,000 feet upgradient or within 100 feet downgradient
of direct conduits to groundwater.
[2]
Areas within 400 feet of a community water system well as specified
in § NR 811.16(4), Wis. Adm. Code, or within the separation
distances listed in § NR 812.08, Wis. Adm. Code, for any
private well or non-community well for runoff infiltrated from commercial,
including multifamily residential, industrial, and institutional land
uses or regional devices for one- and two-family residential development.
[3]
Areas where contaminants of concern, as defined in § NR
720.03(2), Wis. Adm. Code, are present in the soil through which infiltration
will occur.
(k)
Separation distances.
[1]
Infiltration practices shall be located so that the characteristics
of the soil and the separation distance between the bottom of the
infiltration system and the elevation of seasonal high groundwater
or the top of bedrock are in accordance with the following:
|
Separation Distances and Soil Characteristics
| ||
|---|---|---|
|
Source Area
|
Separation Distance
|
Soil Characteristics
|
|
Industrial, commercial and institutional parking lots and roads
|
5 feet or more
|
Filtering layer
|
|
Residential arterial roads
|
5 feet or more
|
Filtering layer
|
|
Roofs draining to subsurface infiltration practices
|
1 foot or more
|
Native or engineered soil with particles finer than coarse sand
|
|
Roofs draining to surface infiltration practices
|
Not applicable
| |
|
All other impervious source areas
|
3 feet or more
|
Filtering layer
|
[2]
Notwithstanding Subsection C(3)(k)[1], applicable requirements for injection wells classified under Ch. NR 815, Wis. Adm. Code, shall be followed.
(l)
Infiltration rate exemptions. Infiltration practices located
in the following areas may be credited toward meeting the requirement
under the following conditions, but the decision to infiltrate under
these conditions is optional:
[1]
Where the infiltration rate of the soil measured at the proposed
bottom of the infiltration system is less than 0.6 inch per hour using
a scientifically credible field test method.
[2]
Where the least permeable soil horizon to five feet below the
proposed bottom of the infiltration system using the U.S. Department
of Agriculture method of soils analysis is one of the following: sandy
clay loam, clay loam, silty clay loam, sandy clay, silty clay, or
clay.
(m)
Alternate uses. Where alternate uses of runoff are employed, such as for toilet flushing, laundry or irrigation or storage on green roofs where an equivalent portion of the runoff is captured permanently by rooftop vegetation, such alternate use shall be given equal credit toward the infiltration volume required by Subsection C(3).
(n)
Groundwater standards.
[1]
Infiltration systems designed in accordance with this Subsection C(3) shall, to the extent technically and economically feasible, minimize the level of pollutants infiltrating to groundwater and shall maintain compliance with the preventive action limit at a point of standards application in accordance with Ch. NR 140, Wis. Adm. Code. However, if site-specific information indicates that compliance with a preventive action limit is not achievable, the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable.
[2]
Notwithstanding Subsection C(3)(n)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
(4)
Protective areas.
(a)
"Protective area" means an area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. However, in Subsection C(4), "protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location.
[1]
For outstanding resource waters and exceptional resource waters,
75 feet.
[2]
For perennial and intermittent streams identified on a United
States geological survey 7.5-minute series topographic map, or a county
soil survey map, whichever is more current, 50 feet.
[3]
For lakes, 50 feet.
[4]
For wetlands, not subject to Subsection C(4)(a)[5] or [6], 50 feet.
[5]
For highly susceptible wetlands, 75 feet. Highly susceptible
wetlands include the following types: calcareous fens, sedge meadows,
open and coniferous bogs, low prairies, coniferous swamps, lowland
hardwood swamps, and ephemeral ponds.
[6]
For less susceptible wetlands, 10% of the average wetland width,
but no less than 10 feet nor more than 30 feet. Less susceptible wetlands
include degraded wetlands dominated by invasive species such as reed
canary grass; cultivated hydric soils; and any gravel pits or dredged
material or fill material disposal sites that take on the attributes
of a wetland.
[7]
In Subsection C(4)(a)[4] to [6], determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in § NR 103.08(1m), Wis. Adm. Code.
[8]
Wetlands shall be delineated. Wetland boundary delineations shall be made in accordance with the standards and criteria in § NR 103.08(1m), Wis. Adm. Code. Subsection C(4) does not apply to wetlands that have been completely filled in compliance with all applicable state and federal regulations. The protective area for wetlands that have been partially filled in compliance with all applicable state and federal regulations shall be measured from the wetland boundary delineation after fill has been placed. Where there is a legally authorized wetland fill, the protective area standard need not be met in that location.
[9]
For concentrated flow channels with drainage areas greater than
130 acres, 10 feet.
[10]
Notwithstanding Subsection C(4)(a)[1] to [9], the greatest protective area width shall apply where rivers, streams, lakes, and wetlands are contiguous.
(c)
The following requirements shall be met:
[1]
Impervious surfaces shall be kept out of the protective area
to the maximum extent practicable. If there is no practical alternative
to locating an impervious surface in the protective area, the stormwater
management plan shall contain a written, site-specific explanation.
[2]
Where land disturbing construction activity occurs within a
protective area, adequate sod or self-sustaining vegetative cover
of 70% or greater shall be established and maintained where no impervious
surface is present. The adequate sod or self-sustaining vegetative
cover shall be sufficient to provide for bank stability, maintenance
of fish habitat and filtering of pollutants from upslope overland
flow areas under sheet flow conditions. Nonvegetative materials, such
as rock riprap, may be employed on the bank as necessary to prevent
erosion, such as on steep slopes or where high-velocity flows occur.
[3]
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.
(d)
A protective area established or created after December 31, 2007, shall not be eliminated or reduced, except as allowed in Subsection C(4)(e)[2], [3] or [4].
(e)
Exemptions. The following areas are not required to meet the protective area requirements of Subsection C(4):
(5)
Fueling and vehicle maintenance areas. Fueling and vehicle maintenance
areas shall have BMPs designed, installed and maintained to reduce
petroleum within runoff, so that the runoff that enters waters of
the state contains no visible petroleum sheen, or to the maximum extent
practicable.
(6)
Swale treatment for transportation facilities. This Subsection C(6) is not applicable to transportation facilities that are part of a larger common plan of development or sale.
(a)
Requirement. Except as provided in Subsection C(6)(b), transportation facilities that use swales for runoff conveyance and pollutant removal are exempt from the requirements of Subsection C(1), (2) and (3), if the swales are designed to do all of the following or to the maximum extent practicable:
[1]
Swales shall be vegetated. However, where appropriate, nonvegetative
measures may be employed to prevent erosion or provide for runoff
treatment, such as rock riprap stabilization or check dams.
[2]
Swales shall comply with the Wisconsin Department of Natural
Resources Technical Standard 1005, Vegetated Infiltration Swale, except
as otherwise authorized in writing by the Wisconsin Department of
Natural Resources.
(b)
Other requirements. Notwithstanding Subsection C(6)(a), the Director of Community Development may, consistent with water quality standards, require that other requirements, in addition to swale treatment, be met on a transportation facility with an average daily traffic rate greater than 2,500 and where the initial surface water of the state that the runoff directly enters is any of the following:
[1]
An outstanding resource water.
[2]
An exceptional resource water.
[3]
Waters listed in Section 303(d) of the Federal Clean Water Act
that are identified as impaired, in whole or in part, due to nonpoint
source impacts.
[4]
Waters where targeted performance standards are developed pursuant
to § NR 151.004, Wis. Adm. Code.
(7)
Exemptions. The following areas are not required to meet the performance standards within Subsection C:
(a)
Agricultural production areas with less than 100,000 square
feet of impervious surface disturbance.
(b)
Underground utility construction such as water, sewer, gas,
electric, telephone, cable television, and fiber-optic lines. This
exemption does not apply to the construction of any aboveground structures
associated with utility construction.
(c)
The following transportation facilities are exempt, provided
the transportation facility is not part of a larger common plan of
development or sale:
[1]
A transportation facility post-construction site with less than 10% connected imperviousness, based on the area of land disturbance, provided the cumulative area of all impervious surfaces is less than one acre. Notwithstanding this exemption, the protective area requirements of Subsection C(4) still apply.
[2]
Reconditioning or resurfacing of a highway.
[3]
Minor reconstruction of a highway. Notwithstanding this exemption, the protective area requirements of Subsection C(4) apply to minor reconstruction of a highway.
[4]
Routine maintenance for transportation facilities that have
less than five acres of land disturbance if performed to maintain
the original line and grade, hydraulic capacity or original purpose
of the facility.
[5]
Routine maintenance if performed for stormwater conveyance system
cleaning.
D.
General considerations for on-site and off-site stormwater management
measures. The following considerations shall be observed in managing
runoff:
(1)
Natural topography and land cover features such as natural swales,
natural depressions, native soil infiltrating capacity, and natural
groundwater recharge areas shall be preserved and used, to the extent
possible, to meet the requirements of this section.
(2)
Emergency overland flow for all stormwater facilities shall be provided
to prevent exceeding the safe capacity of downstream drainage facilities
and prevent endangerment of downstream property or public safety.
E.
Best management practice location and credit.
(1)
General. To comply with Subsection C performance standards, the BMPs may be located on site or off site as part of a regional stormwater device, practice or system.
(2)
Off-site or regional BMP.
(a)
The amount of credit that the Director of Community Development may give an off-site or regional BMP for purposes of determining compliance with the performance standards of Subsection C is limited to the treatment capability or performance of the BMP.
(b)
The Director of Community Development may authorize credit for
an off-site or regional BMP provided all of the following conditions
are satisfied:
[1]
The BMP received all applicable permits.
[2]
The BMP shall be installed and operational before the construction
site has undergone final stabilization.
[3]
The BMP shall be designed and adequately sized to provide a level of stormwater control equal to or greater than that which would be afforded by on-site BMPs meeting the Subsection C performance standards.
[4]
The owner of the BMP has entered into a maintenance agreement under § 400-25 with the Village of Fox Crossing, or another municipal entity, such that the BMP has a legally obligated entity responsible for its long-term operation and maintenance. Legal authority exists if a municipality owns, operates and maintains the BMP.
[5]
The owner of the BMP has provided written authorization which indicates the permit applicant may use the BMP for Subsection C performance standard compliance.
[6]
Where an off-site or regional BMP option exists such that the
Director of Community Development exempts the applicant from all or
part of the minimum on-site stormwater management requirements, the
applicant shall be required to pay a fee in an amount determined in
negotiation with the Director of Community Development. In determining
the fee for post-construction runoff, the Director of Community Development
shall consider an equitable distribution of the cost for land, engineering
design, construction, and maintenance of the off-site or regional
BMP.
(3)
Best management practice in non-navigable waters. For purposes of determining compliance with the performance standards of Subsection C, the Director of Community Development may give credit for BMPs that function to provide treatment for runoff from existing development and post-construction runoff from new development, redevelopment, and routine maintenance areas and that are located within non-navigable waters.
(4)
Best management practice in navigable waters.
(a)
New development runoff. Except as allowed under Subsection E(4)(b), BMPs designed to treat post-construction runoff from new development areas may not be located in navigable waters and, for purposes of determining compliance with the performance standards of Subsection C, the Director of Community Development may not give credit for such BMPs.
(b)
New development runoff exemption. Best management practices to treat post-construction runoff from new development areas may be located within navigable waters and may be creditable by the Director of Community Development under Subsection C if all the following are met:
(c)
Existing development and post-construction runoff from redevelopment, routine maintenance and infill development areas. Except as provided in Subsection E(4)(d), BMPs designed to treat post-construction runoff for existing development and post-construction runoff from redevelopment, routine maintenance and infill development areas may not be located in navigable waters and, for purposes of determining compliance with the performance standards of Subsection C, the Director of Community Development may not give credit for such BMPs.
(d)
Existing development and post-construction runoff from redevelopment, routine maintenance, and infill development areas exemption. Best management practices that function to provide treatment of runoff from existing development and post-construction runoff from redevelopment, routine maintenance and infill development areas may be located within navigable waters and, for purposes of determining compliance with the performance standards of Subsection C, the Director of Community Development may give credit for such BMPs, if any of the following are met:
(5)
Water quality trading. To comply with Subsection C(1) performance standards, the Director of Community Development may authorize credit for water quality trading provided all of the following conditions are satisfied:
(a)
The treatment practices associated with a water quality trade
shall be in place, effective and operational before credit can be
authorized.
(b)
The water quality trade shall comply with applicable trading
ratios established by the Wisconsin Department of Natural Resources
or the Village of Fox Crossing.
(c)
The water quality trade shall comply with applicable regulations,
standards, and guidance developed by the Wisconsin Department of Natural
Resources or the Village of Fox Crossing.
(d)
The responsible party shall furnish a copy of executed water
quality trading agreements or other related information deemed necessary
by the Director of Community Development in order to authorize credit.
F.
Targeted performance standards. The Director of Community Development may establish numeric water quality requirements that are more stringent than those set forth in Subsection C in order to meet targeted performance standards, total maximum daily loads, and/or water quality standards for a specific water body or area. The numeric water quality requirements may be applicable to any permitted site, regardless of the size of land disturbing construction activity.
G.
Alternate requirements. The Director of Community Development may
establish stormwater management requirements more stringent than those
set forth in this section if the Director of Community Development
determines that an added level of protection is needed to protect
sensitive resources. Also, the Director of Community Development may
establish stormwater management requirements less stringent than those
set forth in this section if the Director of Community Development
determines that less protection is needed to protect sensitive resources
and provide reasonable flood protection. However, the alternative
requirements shall not be less stringent than those requirements promulgated
in rules by the Wisconsin Department of Natural Resources under Ch.
NR 151, Wis. Adm. Code.
A.
Permit required. No responsible party may undertake a land disturbing
construction activity without receiving a post-construction runoff
permit from the Department of Community Development prior to commencing
the proposed activity.
B.
Permit application and fees. Unless specifically excluded by this
article, any responsible party desiring a permit shall submit to the
Department of Community Development a permit application made on a
form provided by the Department for that purpose.
(1)
Unless otherwise excepted by this article, a permit application must
be accompanied by a stormwater management plan, a maintenance agreement
and a nonrefundable permit administration fee.
(2)
The stormwater management plan shall be prepared to meet the requirements of §§ 400-22 and 400-24, the maintenance agreement shall be prepared to meet the requirements of § 400-25, the financial guarantee shall meet the requirements of § 400-26, and fees shall be those established by the Village Board as set forth in § 400-27.
C.
Review and approval of permit application. The Department of Community
Development shall review any permit application that is submitted
with a stormwater management plan, maintenance agreement, and the
required fee. The following approval procedure shall be used:
(1)
Within 20 business days of the receipt of a complete permit application, including all items as required by Subsection B, the Director of Community Development, or his designee, shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this article.
(2)
If the stormwater permit application, plan and maintenance agreement are approved, or if an agreed upon payment of fees in lieu of stormwater management practices is made pursuant to § 400-22E, the Director of Community Development shall issue the permit.
(3)
If the stormwater permit application, plan or maintenance agreement
is disapproved, the Director of Community Development, or his designee,
shall detail in writing the reasons for disapproval.
(4)
The Director of Community Development, or his designee, may request
additional information from the applicant. If additional information
is submitted, the Director of Community Development, or his designee,
shall have 20 business days from the date the additional information
is received to inform the applicant that the plan and maintenance
agreement are either approved or disapproved.
(5)
Failure by the Director of Community Development, or his designee,
to inform the permit applicant of a decision within 20 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.
D.
Permit requirements. All permits issued under this article shall be subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions. The Director of Community Development may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Director of Community Development to suspend or revoke this permit may be appealed in accordance with § 400-29.
(1)
Compliance with this permit does not relieve the responsible party
of the responsibility to comply with other applicable federal, state,
and local laws and regulations.
(2)
The responsible party shall design and install all structural and
nonstructural stormwater management measures in accordance with the
approved stormwater management plan and this permit.
(3)
The responsible party shall notify the Director of Community Development at least 10 business days before commencing any work in conjunction with the stormwater management plan, and within 10 business days upon completion of the stormwater management practices. If required as a special condition under Subsection E, the responsible party shall make additional notification according to a schedule set forth by the Director of Community Development so that practice installations can be inspected during construction.
(4)
Practice installations required as part of this article shall be
certified as built by a licensed professional engineer. Completed
stormwater management practices must pass a final inspection by the
Director of Community Development or his designee to determine if
they are in accordance with the approved stormwater management plan
and this article. The Director of Community Development or his designee
shall notify the responsible party in writing of any changes required
in such practices to bring them into compliance with the conditions
of this permit.
(5)
The responsible party shall notify the Director of Community Development
of any significant modifications it intends to make to an approved
stormwater management plan. The Director of Community Development
may require that the proposed modifications be submitted to him for
approval prior to incorporation into the stormwater management plan
and execution by the responsible party.
(6)
The responsible party shall maintain all stormwater management practices
in accordance with the stormwater management plan until the practices
either become the responsibility of the Village of Fox Crossing or
are transferred to subsequent private owners as specified in the approved
maintenance agreement.
(7)
The responsible party authorizes the Director of Community Development or his designee to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan and consents to a special assessment or charge against the property as authorized under Subchapter VII of Ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 400-26.
(8)
If so directed by the Director of Community Development, the responsible
party shall repair at the responsible party's own expense all damage
to adjoining municipal facilities and drainageways caused by runoff,
where such damage is caused by activities that are not in compliance
with the approved stormwater management plan.
(9)
The responsible party shall permit property access to the Director
of Community Development or his designee for the purpose of inspecting
the property for compliance with the approved stormwater management
plan and this permit.
(10)
Where site development or redevelopment involves changes in
direction or increases in peak rate and/or total volume of runoff
from a site, the Director of Community Development may require the
responsible party to make appropriate legal arrangements with affected
property owners concerning the prevention of endangerment to property
or public safety.
(11)
The responsible party is subject to the enforcement actions and penalties detailed in § 400-28, if the responsible party fails to comply with the terms of this permit.
(12)
The permit applicant shall post the certificate of permit coverage
in a conspicuous location at the construction site.
F.
Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the Director of Community Development or his designee notifies the responsible party that all stormwater management practices have passed the final inspection required under Subsection D(4).
G.
Alternate requirements. The Director of Community Development may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 400-22E or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.
A.
Plan requirements. The stormwater management plan required under §§ 400-22B and 400-23B shall comply with the Village of Fox Crossing Stormwater Reference Guide and contain at a minimum the following information:
(1)
Name, address, and telephone number of the landowner and responsible
parties.
(2)
A legal description of the property proposed to be developed.
(3)
Pre-development site map with property lines, disturbed limits, and
drainage patterns.
(4)
Post-development site map with property lines, disturbed limits,
and drainage patterns.
(a)
Total area of disturbed impervious surfaces within the site.
(b)
Total area of new impervious surfaces within the site.
(c)
Performance standards applicable to site.
(d)
Proposed best management practices.
(e)
Groundwater, bedrock, and soil limitations.
(f)
Separation distances. Stormwater management practices shall
be adequately separated from wells to prevent contamination of drinking
water.
B.
Alternate requirements. The Director of Community Development may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 400-22E or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.
A.
Maintenance agreement required. The maintenance agreement required under § 400-23B for stormwater management practices shall be an agreement between the Village of Fox Crossing and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the Winnebago County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.
B.
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 400-23B:
(1)
Identification of the stormwater facilities and designation of the
drainage area served by the facilities.
(2)
A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under § 400-23B.
(3)
Identification of the responsible party(ies), organization or Village responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan required under § 400-23B.
(4)
Requirement that the responsible party(ies), organization, or Village shall maintain stormwater management practices in accordance with the schedule included in Subsection B(2).
(5)
Authorization for the Director of Community Development or his designee
to access the property to conduct inspections of stormwater management
practices as necessary to ascertain that the practices are being maintained
and operated in accordance with the agreement.
(6)
A requirement on the Director of Community Development or his designee
to maintain public records of the results of the site inspections,
to inform the responsible party responsible for maintenance of the
inspection results, and to specifically indicate any corrective actions
required to bring the stormwater management practice into proper working
condition.
(7)
Agreement that the party designated under Subsection B(3) as responsible for long-term maintenance of the stormwater management practices shall be notified by the Director of Community Development of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Director of Community Development.
(8)
Authorization of the Director of Community Development or his designee to perform the corrective 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 Director of Finance shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subchapter VII of Ch. 66, Wis. Stats.
C.
Alternate requirements. The Director of Community Development may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 400-22E or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.
A.
Establishment of the guarantee. The Director of Community Development
shall require the submittal of a financial guarantee, the form and
type of which shall be acceptable to the Director of Community Development,
unless waived by the Director prior to the issuance of the permit.
The financial guarantee shall be in an amount determined by the Director
of Community Development 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 Director of Community Development 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 Director of Community Development that the requirements
of this article have not been met.
B.
Conditions for release. Conditions for the release of the financial
guarantee are as follows:
(1)
The Director of Community Development shall release the portion of
the financial guarantee established under this section, less any costs
incurred by the Director of Community Development to complete installation
of practices, upon submission of as-built plans by a licensed professional
engineer. The Director of Community Development may make provisions
for a partial pro rata release of the financial guarantee based on
the completion of various development stages.
(2)
The Director of Community Development shall release the portion of
the financial guarantee established under this section to assure maintenance
of stormwater practices, less any costs incurred by the Director of
Community Development, at such time that the responsibility for practice
maintenance is passed on to another entity via an approved maintenance
agreement.
C.
Alternate requirements. The Director of Community Development may prescribe alternative requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 400-22E or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.
The fees referred to in other sections of this article shall
be as set forth in the Village Fee Schedule, reference this Code section.
A.
Any land disturbing construction activity or post-construction runoff
initiated after December 31, 2007, by any person, firm, association,
or corporation subject to the provisions of this article shall be
deemed a violation unless conducted in accordance with the requirements
of this article.
B.
The Director of Community Development shall notify the responsible
party by certified mail of any noncomplying land disturbing construction
activity or post-construction runoff. The notice shall describe the
nature of the violation, remedial actions needed, a schedule for remedial
action, and additional enforcement action which may be taken.
C.
Upon receipt of written notification from the Director of Community Development under Subsection B, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Director of Community Development in the notice.
D.
If the violations of a permit issued pursuant to this article are
likely to result in damage to properties, public facilities, or waters
of the state, the Director of Community Development may enter the
land and take emergency actions necessary to prevent such damage.
The costs incurred by the Director of Community Development plus interest
and legal costs shall be billed to the responsible party.
E.
The Director of Community Development or his designee is authorized
to post a stop-work order on all land disturbing construction activity
that is in violation of this article, or to request the Village Attorney
to obtain a cease-and-desist order in any court with jurisdiction.
F.
The Director of Community Development may revoke a permit issued
under this article for noncompliance with ordinance provisions.
G.
Any permit revocation, stop-work order, or cease-and-desist order
shall remain in effect unless retracted by the Director of Community
Development or by a court with jurisdiction.
H.
The Director of Community Development is authorized to refer any
violation of this article, or of a stop-work order or cease-and-desist
order issued pursuant to this article, to the Village Attorney for
the commencement of further legal proceedings in any court with jurisdiction.
I.
Any person, firm, association, or corporation who does not comply with the provisions of this article shall be subject to a forfeiture as set forth in Chapter A450, Fines and Penalties, reference this Code section, per offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.
J.
Compliance with the provisions of this article may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease-and-desist order before resorting
to injunctional proceedings. Injunctional orders are authorized pursuant
to § 61.35, Wis. Stats.
K.
When the Director of Community Development determines that the holder of a permit issued pursuant to this article has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the Director of Community Development or a party designated by the Director of Community Development may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The Director of Community Development or his designee shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to § 400-26 of this article. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon.
A.
Appeals. The Village Board:
(1)
Shall hear and decide appeals where it is alleged that there is error
in any order, decision or determination made by the Director of Community
Development in administering this article.
(2)
Upon appeal, may authorize variances from the provisions of this
article that are not contrary to the public interest and where owing
to special conditions a literal enforcement of this article will result
in unnecessary hardship.
(3)
Shall also use the rules, procedures, duties, and powers authorized
by statute in hearing and deciding appeals.
B.
Who may appeal. Appeals to the Village Board may be taken by any
aggrieved person or by an officer, department, board, or commission
of the Village of Fox Crossing affected by any decision of the Director
of Community Development.
If any section, clause, provision or portion of this article
is judged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this article shall remain in force and not be affected
by such judgment.
This article shall be effective on April 11, 2016, after adoption
by the Village Board of the Village of Fox Crossing and publication
or posting as provided by law. Amendments hereto shall be made only
after notice and public hearing.
