Village of Whitefish Bay, WI
Milwaukee County
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[Adopted 3-16-2020 by Ord. No. 1863[1]]
[1]
Editor's Note: This ordinance also repealed former Art. VIII, Stormwater Management Regulations, adopted by Ord. No. 1642 (Sec. 13.57 of the Codification).
A. 
Purpose. The general purpose of this article is to set forth stormwater requirements and criteria that will diminish the threats to public health, safety, welfare, and the aquatic environment due to runoff of stormwater from land development activity. Specific purposes are to:
(1) 
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.
(3) 
Assure the safe capacity of existing drainage facilities and receiving water bodies; prevent undue channel erosion; control increases in the scouring and transportation of particulate matter; prevent conditions that endanger downstream property.
(4) 
Control building sites, placement of structures, and land uses, and promote sound economic growth.
B. 
Intent. The intent of this article is to manage the long-term, post-construction stormwater discharges from land development activities. Where such system plans have been developed and approved by the Village, it is the intent that all land development activities will include stormwater management measures that meet performance standards set forth in those approved plans. Where such stormwater management system plans have not been developed or approved, it is the intent of the Village that the generic stormwater management standards set forth be applied unless otherwise excepted by the Department of Public Works.
As used in this article, the following terms shall have the meanings indicated:
AGRICULTURAL
The planting, growing, cultivating, and harvesting of crops; growing and tending of gardens, and trees; harvesting of trees.
CEASE-AND-DESIST ORDER
A court-issued order to halt land-developing activity that is being conducted without the required permit.
COMMON PLAN OF DEVELOPMENT OR SALE
All lands included within the boundary of a certified survey or subdivision plat created for the purpose of development or sale of property where multiple separate and distinct land developing activity may take place at different times and on different schedules.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total rainfall depth.
DISCHARGE VOLUME
The quantity of runoff discharged from the land surface as the result of a rainfall event.
FEE IN LIEU
A payment of money to the Village in place of meeting all or part of the stormwater performance standards required by this article.
FINANCIAL GUARANTEE
A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the Village by the permit holder to assure that requirements of this article are carried out in compliance with the stormwater management plan.
GREEN INFRASTRUCTURE
A stormwater management system or combination of systems that uses vegetation, soils and natural processes to mimic nature's ability to soak up and store stormwater.
GROSS AGGREGATE AREA
The total area, in acres, of all land located within the property boundary containing the land development activity.
GROUNDWATER ENFORCEMENT STANDARD
A numerical value expressing the concentration of a substance in groundwater which is adopted under § 160.07, Wis. Stats., and § NR 140.10, Wis. Adm. Code, or § 160.09, Wis. Stats., and § NR 140.12, Wis. Adm. Code.
GROUNDWATER PREVENTIVE ACTION LIMIT
A numerical value expressing the concentration of a substance in groundwater which is adopted under § 160.15, Wis. Stats., and § NR 140.10, § NR 140.12, or § NR 140.20, Wis. Adm. Code.
IMPERVIOUS SURFACE
A surface that releases the rainfall as surface runoff during a large portion of the design rainfall event. Rooftops, sidewalks, parking lots, and street surfaces are examples of impervious surfaces.
INFILTRATION
The process by which rainfall or surface runoff percolates or penetrates into the underlying soil.
LAND DEVELOPMENT ACTIVITY
Any construction or re-development of buildings, roads, parking lots, paved and unpaved storage areas, and similar facilities, but not including agricultural activity.
MAINTENANCE AGREEMENT
A legal document that is filed with the Milwaukee County Register of Deeds as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
NONSTORM DISCHARGE
A discharge to the storm sewer system created by process other than stormwater runoff.
NONSTRUCTURAL MEASURE
A practice, technique, or measure to reduce the volume, peak flow rate, or pollutants in stormwater that does not require the design or installation of fixed stormwater management facilities.
OFF-SITE
Located outside the property boundary described in the permit application for land development activity.
ON-SITE
Located within the property boundary described in the permit for the land development activity.
OTHER THAN RESIDENTIAL DEVELOPMENT
Development of the following land uses: commercial; industrial; government and institutional; recreation; transportation, communication, and utilities.
PEAK FLOW DISCHARGE RATE
The maximum rate at which a unit volume of stormwater is discharged.
PERVIOUS SURFACE
A surface that infiltrates rainfall during a large portion of the design rainfall event. Well-managed lawns, fields and woodlands are examples of pervious surfaces.
POST-CONSTRUCTION STORMWATER DISCHARGE
Any stormwater discharged from a site following the completion of land disturbing construction activity and final site stabilization.
POST-DEVELOPMENT CONDITION
The extent and distribution of land cover types, anticipated to occur under conditions of full development that will influence stormwater runoff and infiltration.
PREDEVELOPMENT CONDITION
The extent and distribution of land cover types present before the initiation of land development activity, assuming that all land uses prior to development activity are managed in an environmentally sound manner.
PRETREATMENT
The treatment of stormwater prior to its discharge to the primary stormwater treatment practice in order to reduce pollutant loads to a level compatible with the capability of the primary practice.
RESIDENTIAL DEVELOPMENT
That which is created to house people, including the residential dwellings as well as all attendant portions of the development including lawns, driveways, sidewalks, garages, and access streets. Residential development includes single family, multi-family, apartments, and trailer parks.
SITE RESTRICTION
Any physical characteristic which limits the use of a stormwater best management practice as prescribed in the Stormwater Post-Construction Technical Standards.
STOP-WORK ORDER
An order issued by the Building Inspector that all construction activity on the site be stopped.
STORMWATER MANAGEMENT PLAN
A document that identifies what actions will be taken to reduce stormwater quantity and pollutant loads from land development activity to levels meeting the purpose and intent of this article.
STORMWATER MANAGEMENT SYSTEM PLAN
A comprehensive plan developed to address stormwater drainage and nonpoint source pollution control problems on a watershed or subwatershed basis, and which meets the purpose and intent of this article.
STORMWATER RUNOFF
That portion of the precipitation falling during a rainfall event, or that portion of snowmelt, that runs off the surface of the land and into the natural or artificial conveyance or drainage network.
STRUCTURAL MEASURE
Source area practices, conveyance measures, and end-of-pipe treatment that are designed to control stormwater runoff pollutant loads, discharge volumes, and peak flow discharge rates.
SURFACE WATER
A "navigable" body of water as that term is defined in § 281.31(2)(d), Wis. Stats., as amended from time to time.
VEGETATED CONTROL MEASURES
Vegetated swales, bioretention areas, rain gardens, amended soil landscape areas, pocket wetlands, or similar practices that are designed and intended to provide stormwater treatment and control, regulations.
VILLAGE PERSONNEL or AUTHORIZED PERSONNEL
Employees of the Village of Whitefish Bay or those agents authorized by the Village Board to implement these stormwater management.
WATERS OF THE STATE
Those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within the state or its jurisdiction.
A. 
Plan and facilities required. No person shall proceed with any residential, commercial, industrial, or institutional land development or redevelopment, or with the land division of property without providing appropriate stormwater management facilities that adequately control stormwater runoff from such development or subdivided property. A site-specific stormwater management plan must be submitted and approved by the Village before any required new stormwater management facilities are constructed, unless exempted or waived pursuant to the provisions of this article. An approved site-specific stormwater management plan is also required before an existing drainage system is relocated, deepened, widened, enlarged, filled, obstructed, or otherwise altered in preparation for land use development or land division of property. The plan must be submitted and approved before any land development is commenced or a land subdivision plat or by the Village certified survey map approved and recorded.
B. 
Public easements shall overlay all public storm sewers, ditches and swales not located in Village owned right-of-way. All public drainage easements shall be labeled as "public drainage easements" on plats of survey, site plans, and as-built drawings.
A. 
Applicability. This article applies as set forth below to land development activities that meet applicability criteria specified in this article. This article also applies as set forth below to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development or sale that meets any of the following applicability criteria, even through multiple separate and distinct land development activities may take place at different times on different schedules:
(1) 
Applicability requirements listed in the current publication of Chapter 13, Surface Water and Stormwater, of the Milwaukee Metropolitan Sewerage District Rules.
(2) 
Applicability requirements listed in the current publication of Ch. NR 151, Runoff Management, Subchapter III, Non-Agricultural Performance Standards, Wis. Adm. Code.
(3) 
For phased developments, the cumulative effect of all phases shall be considered.
(4) 
Land development activity of any size that, as determined by majority vote of the Village Board after consulting with the Village Engineer and the Department of Public Works, is likely to result in stormwater runoff which exceeds the safe capacity of existing Village-owned drainage facilities or receiving surface waters, which causes undue channel erosion, unreasonably increases surface water pollution by scouring or the transportation of particulate matter, or endangers downstream property on a surface water.
B. 
Jurisdiction. This article applies to all lands and waters, and all land development activities within boundaries of the Village of Whitefish Bay.
C. 
Exemptions. The following activities are exempt from stormwater management plan requirements:
(1) 
Exemptions from discharge quantity requirements shall be those listed in the current publication of Chapter 13 (Surface Water and Stormwater) of the Milwaukee Metropolitan Sewerage District Rules.
(2) 
Exemptions from discharge quality requirements shall be those listed in Ch. NR 151, Runoff Management, Subchapter III, Non-Agricultural Performance Standards, Wis. Adm. Code.
(3) 
Facilities, or portions thereof, for which a special exception is granted pursuant to § 16-51 of the Zoning Code.
A. 
Stormwater management criteria.
(1) 
The site-specific stormwater management system plan required under the provisions of this article shall be designed in accordance with good engineering practice. The specific methods to be used in the calculation of peak rates of discharge, volumes, and water quality conditions and of the hydraulic capacities of storage and conveyance facilities shall be left to the judgment of the professional engineer preparing the plan, subject, however, to the approval of the Village.
(2) 
The stormwater management plan should consider an analysis of at least two green infrastructure BMPs appropriate for the site as compared to the use of traditional BMPs only. If green infrastructure BMPs are not proposed, the analysis should include a Wisconsin professional engineer's statement as to why green infrastructure BMPs are not suitable or recommended for the stormwater management plan.
B. 
Stormwater discharge quantity standards.
(1) 
The conveyance and storage facilities incorporated into the site-specific stormwater management system plan required under this article shall be designed as an integral part of complementary minor and major subsystem.
(2) 
The minor subsystem shall be designed to avoid nuisance flooding of streets and yards and shall accommodate the peak rate of runoff from rainfall events up to and including the ten-year recurrence interval event. The rainfall intensity shall be determined based on appropriate times of concentration from relationships established and published by NOAA Atlas 14, Precipitation-Frequency Atlas of the US, Volume 8, Version 2.0: Midwestern States, published in 2013.
(3) 
The complementary major subsystem shall consist of the public streets and interconnected flow paths to the streets and from the streets to receiving streams and watercourses. The major system shall be designed to accommodate peak rates of discharge from rainfall events up to and including the 100-year recurrence interval event without inundation of exposed basements, building basement window wells, basement entryways, or the first floors of buildings, utilizing a one-foot freeboard.
(4) 
Unless otherwise provided for, all land development activities subject to this article shall establish on-site management practices to control the peak flow rates of stormwater discharged from the site. On-site management practices shall be used to meet the following minimum performance standards.
C. 
Peak flow discharge.
(1) 
Discharge quantity management requirements shall be those listed in the current publication of Chapter 13 (Surface Water and Stormwater) of the Milwaukee Metropolitan Sewerage District Rules.
(2) 
The area included in discharge limit calculations in the form of cfs/acre shall consist of the entire portion of the site draining to the discharge location under consideration.
(3) 
Green infrastructure BMPs, including vegetated control measures, are permissible means for achieving peak discharge requirements.
(4) 
If the land development site or the proposed stormwater management facility currently receives or is proposed to receive surface runoff originating from off-site tributary watershed areas, the stormwater management criteria shall only apply to the portion of the total runoff that originates from the land being developed.
(5) 
Any stormwater management pond shall fully contain the runoff from the tributary watershed area during the 100-year, twenty-four-hour rainfall with a SCS TYPE II distribution under the post-development conditions. The tributary watershed area consists of all on-site and off-site areas draining to the pond.
(6) 
Emergency overland flow for all stormwater facilities shall be provided to prevent exceeding the safe capacity of downstream drainage facilities and prevent endangerment of downstream property or public safety.
(7) 
If surface runoff leaves the site at more than one location, discharge at each location must individually meet the standards set forth in this article. The discharge comparisons shall be made at stormwater conveyance facilities (i.e., ditches, culverts, storm sewers, stormwater detention ponds, channels, streams, etc.) that are located immediately downstream of each discharge location of the land development site.
(8) 
Impacts to the hydraulic performance of downstream conveyance or storage facilities shall be avoided. Where such changes are proposed, the impact of the proposal on existing stormwater detention ponds shall be assessed using a methodology acceptable to the Village.
(9) 
All stormwater runoff conveyance facilities within the boundaries of the property that is being developed shall be sized to adequately carry the runoff from a ten-year recurrence interval rainfall of one-half-, one-, six-, or twelve-hour duration, depending on the duration that results in the most critical peak runoff rate from the area under consideration. In some cases, less sophisticated computation methods such as the Rational Method may be used with prior written Village approval.
(10) 
For storms exceeding the design capacity of the conveyance system, overland drainage routes shall direct the excess runoff to any stormwater management pond proposed for the site.
(11) 
When the Soil Conservation Service TR-55 Method is used to calculate peak flow discharge rates and runoff volumes for the predevelopment condition, NRCS curve numbers shall be used. When other methods for computing runoff are used, they shall assume comparable runoff conditions.
D. 
Stormwater discharge quality standards. Unless otherwise provided, all land development activities subject to this article shall establish on-site management practices to control the quality of stormwater discharged from the site. On-site management practices shall be used to meet the following minimum standards:
(1) 
Discharge quality management requirements shall be those listed in Ch. NR 151, Runoff Management, Subchapter III, Non-Agricultural Performance Standards, Wis. Adm. Code.
(2) 
Stormwater quality ponds shall be designed and constructed in accordance with stormwater post-construction technical standards.
(3) 
Stormwater discharges shall be pretreated prior to infiltration where necessary to prolong maintenance of the infiltration practice and to prevent discharge of stormwater pollutants at concentrations that will result in exceedances of groundwater preventive action limits or enforcement standards established by the Department of Natural Resources in Ch. NR 140, Wis. Adm. Code, as amended from time to time. Stormwater shall not be injected underground through excavations or openings that would violate § NR 812.05, Wis. Adm. Code, as amended from time to time.
(4) 
Only green infrastructure BMPs that do not clog are permissible for achieving total suspended solids requirements.
E. 
Infiltration.
(1) 
Infiltration requirements shall be those listed in Ch. NR 151, Runoff Management, Subchapter III, Non-Agricultural Performance Standards, Wis. Adm. Code.
(2) 
Infiltration exclusions shall be those listed in Ch. NR 151, Runoff Management, Subchapter III, Non-Agricultural Performance Standards, Wis. Adm. Code.
(3) 
Infiltration exemptions requirements shall be those listed in Ch. NR 151, Runoff Management, Subchapter III, Non-Agricultural Performance Standards, Wis. Adm. Code.
(4) 
Green infrastructure BMPs are permissible means for achieving infiltration requirements.
F. 
Exceptions. The Village Board may establish stormwater management requirements either more or less stringent than those set forth in this article, provided that at least one of the following conditions apply:
(1) 
The Department of Public Works determines that a higher level of protection is needed to protect sensitive resources.
(2) 
The Department of Public Works determines that a higher level of protection from flooding is required to protect the public health and safety.
(3) 
The Department of Public Works determines that more restrictive discharge controls are needed because existing downstream conveyance or storage facilities are or will be rendered inadequate as a result of development activity.
(4) 
The Department of Public Works determines that the land development activity is covered by an approved stormwater management system plan that contains management requirements consistent with the purpose and intent of this article.
(5) 
Provisions are made to manage stormwater by an off-site facility, provided that all of the following conditions for the off-site facility are met:
(a) 
The facility is in place.
(b) 
The facility is designed and adequately sized to provide a level of stormwater control equal to or greater than would be provided by on-site practices meeting the requirements of this article.
(c) 
The facility has a legally obligated entity responsible for its long-term operation and maintenance.
(d) 
The Department of Public Works finds that meeting the minimum on-site management requirements of this article is not feasible due to space or site restrictions.
G. 
Fee in lieu of on-site stormwater management practices. Where the Village Board waives all or part of the minimum on-site stormwater management requirements under this article, the applicant may be required to pay a fee in an amount determined by the Village Board. To assist the Village Board in setting the fee, the Department of Public Works shall recommend an equitable distribution of the cost for land, engineering design, construction, and maintenance of stormwater management practices needed to serve the land development.
H. 
Fueling and vehicle maintenance areas. Fueling area performance standards shall be those listed in Ch. NR 151, Runoff Management, Subchapter III, Non-Agricultural Performance Standards, Wis. Adm. Code.
A. 
Permit required. No landowner or land operator may undertake a land development activity subject to this article without receiving a permit from the Department of Public Works prior to commencing the proposed activity.
B. 
Permit application, fees, and costs. Unless specifically excluded by this article, any landowner or operator desiring a permit shall submit to the Village a permit application made on a form provided.
(1) 
Unless otherwise excepted by this article, a permit application must be accompanied by the following in order that the permit application be considered by the Department of Public Works: a stormwater management plan, a maintenance agreement, and a nonrefundable permit administration fee.
(2) 
The stormwater management plan, maintenance agreement financial guarantee and fees shall meet the requirements of this article.
(3) 
The applicant shall reimburse the Village for all of the Village's costs and expenses incurred (including professional and attorneys' fees) in reviewing the application.
C. 
Review and approval of permit application. The Department of Public Works shall review any permit application that is submitted with a stormwater management plan, maintenance agreement, and the required fees and make a recommendation to the Village Board for approval, approval with modifications, or denial. The following procedure shall be used:
(1) 
Within 30 business days of the receipt of a complete permit application, including all items as required by this subsection, the Department of Public Works shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved.
(2) 
If the stormwater permit application, plan and maintenance agreement are approved, or if an agreed upon payment of fees in lieu of stormwater management practices is made, the Department of Public Works shall issue the permit.
(3) 
If the stormwater permit application, plan or maintenance agreements are disapproved, the Department of Public Works shall detail, in writing, the reasons for disapproval.
(4) 
If additional information is submitted, the Department of Public Works shall have 15 business days from the date the additional information is received to inform the applicant that the plan and maintenance agreement are either approved or disapproved.
(5) 
All permits require Village Board approval.
D. 
Permit conditions. 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 Department of Public Works may suspend or revoke a permit for violation of a permit condition, following written notification of the permittee. An action to suspend or revoke this permit may be appealed in accordance with this article.
(1) 
Compliance with this permit does not relieve the permit holder of the responsibility to comply with other applicable federal, state, and local laws and regulations.
(2) 
The permit holder shall design and install all structural and nonstructural stormwater management measures in accordance with the approved stormwater management plan and this permit.
(3) 
The permit holder shall notify the Village at least three working days before commencing any work in conjunction with the stormwater management plan, and within the next working day upon completion of the stormwater management practices. If required as a special condition, the permit holder shall make additional notification according to a schedule set forth by the Village so that practice installations can be inspected during construction.
(4) 
Practice installation 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 to determine if they are in accordance with the approved stormwater management plan and this article. The Village shall notify the permit holder, in writing, of any changes required in such practices to bring them into compliance with the conditions of this permit.
(5) 
The permit holder shall notify the Village of any significant modifications it intends to make to an approved stormwater management plan. The Village may require that the proposed modifications be submitted for approval prior to incorporation into the stormwater management plan and execution.
(6) 
The permit holder shall maintain all stormwater management practices in accordance with the stormwater management plan until the practices are transferred to subsequent private owners as specified in the approved maintenance agreement.
(7) 
The permit holder authorizes the Village to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan, and consents to a special assessment or charge against the property as authorized under § 66.0627, Wis. Stats., as amended from time to time, or to charging such costs against the financial guarantee posted under this article.
(8) 
If so directed by the Village, the permit holder shall repair at the permit holder's own expense all damage to adjoining municipal facilities and drainageways caused by stormwater runoff, where such damage is caused by activities that are not in compliance with the approved stormwater management plan.
(9) 
The permit holder shall permit property access to Village personnel for the purpose of inspecting the property for compliance with the approved stormwater management plan and this permit.
(10) 
Where a stormwater management plan involves changes in direction, increases in peak rate and/or total volume of runoff from a site, the Village may require the permittee to make appropriate legal arrangement with adjacent property owners concerning the prevention of endangerment to property or public safety.
(11) 
The permit holder is subject to the enforceable actions detailed in this article if the permit holder fails to comply with the terms of this permit.
E. 
Permit duration. Permits issued under this article shall be valid from the date of issuance through the date the Village notifies the permit holder that all stormwater management practices have passed the final inspection required under the permit.
A. 
Plan requirements. The stormwater management plan required under this article shall contain any information the Village may need to evaluate the environmental characteristics of the area affected by land development activity, the potential impacts of the proposed development upon the quality and quantity of stormwater discharges, the potential impacts upon water resources and drainage utilities, and the effectiveness and acceptability of proposed stormwater management measures in meeting the performance standards set forth in this article. The plan shall include computations of peak flow rates and discharge volumes at each point of discharge into and out of the site concerned under existing and planned development and redevelopment conditions. The data shall include times of concentration to key junctions in flow paths and to points of discharge into and out of the site. The plan shall consist of narrative descriptions and explanations; maps, charts, and graphs; tables; photographs; supporting calculations; and references to recognized engineering text and manuals as may be necessary to provide a clear and concise description of the plan. The sources of maps and data presented in the plan shall be identified. For phased developments, the site development stormwater management plan shall consider the cumulative effect of all phases. Unless specified otherwise by this article, stormwater management plans shall contain, at a minimum, the following information:
(1) 
Name, address, and telephone number for the following or their designees: landowner; developer; project engineer for practice design and certification; person(s) responsible for installation of stormwater management practices; person(s) responsible for maintenance of stormwater management practices prior to the transfer, if any, of maintenance responsibility to another party.
(2) 
A proper legal description of the property proposed to be developed referenced to the U.S. Public Land Survey System or to block and lot numbers with a recorded land subdivision plat.
B. 
Predevelopment site conditions. The plan shall include a map and description of the existing conditions of the site concerned, including:
(1) 
A map of the site at a scale of one inch equals 100 feet or larger showing the property boundaries referenced to the U.S. Public Land Survey System or to a lot and block of a recorded subdivision plat; the topography of the site, including contours shown at an interval of two feet or less, together with such spot elevations as may be necessary; the contours and spot elevations shall be referenced to the National Geodetic Vertical Datum of 1929, or to Village datum with prior written approval from the Village.
(2) 
The hydrologic and hydraulic characteristics of the site, including drainage flow paths and directions of flow onto, though, and out of the site; related drainage basin boundaries, including off-site tributary areas; times of concentration.
(3) 
The location of areas where stormwater may collect or percolate into the ground.
(4) 
Locations where runoff enters the site from adjacent tributary areas, together with the size of those areas expressed in acres.
(5) 
Locations where runoff leaves the site and the contributing watersheds to each of these locations expressed in acres.
(6) 
Two-year, twenty-four-hour, SCS Type II peak runoff rate at each location where runoff leaves the site, expressed in cubic feet per second.
(7) 
Groundwater elevations referred to the National Geodetic Vertical Datum of 1929 or to Village datum with prior written approval from the Village.
(8) 
Soils by hydrologic group.
(9) 
Cover type and condition.
(10) 
Location and extent of impervious surfaces, including type and condition of the surfaces.
(11) 
Locations and outlines of all buildings or other structures.
(12) 
Location of all receiving bodies of surface water on or within 100 feet of the site into which stormwater flows.
(13) 
Locations and size of wetlands on or within 100 feet of the site. Wetland boundary delineation shall be made in accordance with § NR 103.08(1m), Wis. Adm. Code.
(14) 
Location and extent of the 100-year recurrence interval flood hazard area associated with any perennial stream or watercourse on or within 100 feet of the site.
(15) 
Information regarding current water quality objectives and current water quality conditions in any perennial watercourses located on or within 100 feet to the site.
(16) 
Locations, sizes, and elevations of all existing storm sewers, channels, ditches, detention or retention ponds, or other engineered drainage facilities on or within 100 feet of the site; the elevations being referred to the National Geodetic Datum of 1929 or to Village datum with prior written approval from the Village.
C. 
Proposed post-development site conditions. The plan shall describe the alterations proposed at to the site and the resulting proposed post-development conditions. The description shall include:
(1) 
Explanation of the provisions to preserve and use natural topography and land cover features to minimize changes in peak flow runoff rates and volumes to surface waters.
(2) 
Proposed changes in the planimetry of the site, and in the topography of the site by contours having the same contour interval and referred to the same datum as used to present the topography of the existing site conditions.
(3) 
The location and outline of all proposed buildings or other structures.
(4) 
Changes in the location, extent and type of impervious surfaces.
(5) 
The location and extent of areas where vegetation is to be disturbed or planted.
(6) 
Impacts on existing natural storage or infiltration areas.
(7) 
Changes in the drainage flow paths into, through, and out of the site, and related changes in drainage basin boundaries.
(8) 
The location, elevations, and sizes of all proposed minor and major stormwater management facilities, the former including all storm sewers and inlets, and the latter including curbed roadways, roadway ditches, culverts, storage facilities, and interconnected flow paths; all elevations being referred to the National Geodetic Vertical Datum of 1929 or to Village datum with prior written approval from the Village.
(9) 
Any changes to lakes, streams, watercourses, or wetlands on or within 100 feet of the site concerned.
(10) 
The location and widths of required public rights-of-way or easements needed to accommodate the recommended stormwater management facilities.
D. 
Anticipated impacts. The plan shall contain a description of the following anticipated impacts of stormwater runoff from the proposed development, redevelopment, or land division as managed by the facilities and measures recommended in the plan:
(1) 
Computed runoff discharge rate as indicated by Chapter 13, MMSD rules and Ch. NR 151, Wis. Adm. Code, WDNR regulations.
(2) 
Computed runoff volume for the one-and-one-half-inch, four-hour rainfall with a Huff Distribution.
(3) 
All major assumptions used in developing input parameters shall be clearly stated. The computations shall be made for each discharge point into and out of the site, and the geographic areas used in making the calculations shall be clearly cross-referenced to the required map(s), including off-site tributary watershed areas.
(4) 
Changes in the locations and conveyance capacities of stormwater discharge points from and to the site concerned.
(5) 
Adequacy of receiving storm sewer, engineered stormwater management facility or watercourse to convey or store the anticipated peak rate of stormwater discharge from the site concerned, giving due consideration to existing and off-site flows.
(6) 
Changes in the location and extent of the 100-year recurrence interval flood hazard area of any perennial watercourse location within, through, or within 100 feet of the site concerned.
(7) 
Results of investigations of soils and groundwater required for the placement and design of stormwater management measures.
(8) 
Changes in groundwater elevations referred to National Geodetic Vertical Datum of 1929 or to Village datum with prior written approval from the Village.
E. 
Proposed stormwater management facilities and measures. The plan shall include a definitive description of the proposed stormwater management facilities and measures for the control of the quantity and quality of the anticipated stormwater runoff from the proposed development, redevelopment, or land division. All site investigations, plans, designs, computations, and drawings shall be certified as prepared in accordance with accepted current engineering practice and in accordance with WDNR Stormwater Post-Construction Technical Standards, WDNR Stormwater Construction Technical Standards, and Standard Specifications for Sewer and Water Construction in Wisconsin. The description of the proposed management facilities shall include:
(1) 
For detention and retention facilities: locations, areas, depths, volumes, inlet and outlet configurations, and elevation of the bottoms, and of key inlet and outlet control structures; all elevations being referred to National Geodetic Vertical Datum of 1929 or to Village datum with prior written approval from the Village.
(2) 
For conveyance facilities: locations of inlets and manholes and associated rim and invert elevations, and pipe sizes, slope and materials; locations, elevations, and cross sections of ditches, swales and channels; and culvert sizes, inlet and outlet configurations and elevations; all elevations being referred to National Geodetic Vertical Datum of 1929 or to Village datum with prior written approval from the Village.
(3) 
Design computations and all applicable assumptions for the stormwater conveyance (open channel, closed pipe, etc.) system.
(4) 
Detailed drawings, including cross sections and profiles of all permanent stormwater conveyance and treatment practices.
(5) 
Design computations and all applicable assumptions for stormwater quality practices (sedimentation type, filtration type, infiltration type) as needed to show that practices are appropriately sized to accommodate runoff from the one-and-one-half-inch rainfall.
(6) 
Erosion control plan in accordance with the WDNR Stormwater Construction Technical Standards, published and periodically updated by the Wisconsin Department of Natural Resources.
(7) 
Measures to abate any potential pollution of surface water and groundwater.
(8) 
A schedule for the construction of the recommended stormwater management facilities and estimates of attendant capital and operation and maintenance costs.
(9) 
A maintenance plan developed for the life of each stormwater management practice, including the required maintenance activities and maintenance activity schedule.
(10) 
Other information as needed by the Village to determine compliance of the proposed stormwater management measures with the provisions of this article.
F. 
Exceptions. The Village may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under this article.
A. 
Maintenance agreement required. The maintenance agreement required for stormwater management practices under this article shall be an agreement between the Village and the permittee to provide for maintenance of stormwater practices beyond the duration period of this permit. The agreement or recordable document shall be recorded with the Milwaukee County Register of Deeds so that it is binding upon all subsequent owners of land served by the stormwater management practices.
B. 
Agreement provisions. The maintenance agreement shall contain the following information and provisions:
(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.
(3) 
Identification of the landowner(s), organization or municipality responsible for long-term maintenance of the stormwater management practices.
(4) 
The landowner(s), organization, or municipality shall maintain stormwater management practices in accordance with the schedule included in the agreement.
(5) 
The Village is authorized to access the property to conduct inspections of stormwater practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement.
(6) 
The Village shall maintain public records of the results of the site inspections, shall inform the landowner responsible for maintenance of the inspection results, and shall specifically indicate any corrective actions required to bring the stormwater management practice into proper working condition.
(7) 
That if the Building Inspector notifies the party designated under the maintenance agreement of maintenance problems that require correction, the specific corrective actions shall be taken within a reasonable time frame determined by the Village.
(8) 
The Village is authorized to perform the corrective actions identified in the inspection report if the landowner does not make the required corrections in the specified time period. The Village shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to § 66.0627, Wis. Stats., as amended from time to time.
A. 
Establishment of the guarantee. The Village Board may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the Village. The financial guarantee shall be in an amount determined by the Village to be the estimated cost of construction and the estimated cost of maintenance during the period which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the Village the authorization to use the funds to complete the project if the landowner defaults or does not property implement the approved stormwater management plan.
B. 
Conditions for release. Conditions for the release of the financial guarantee are as follows:
(1) 
The Village shall release the portion of the financial guarantee established to assure installation of stormwater practices, minus any costs incurred by the Village to complete installation of practices, upon submission of as-built plans by a licensed professional engineer. The Village may make provisions for a partial pro rata release of the financial guarantee based on the completion of various development stages.
(2) 
The Village shall release the portion of the financial security established to assure maintenance of stormwater practices, minus any costs incurred by the Village, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement.
Fees as described in this article shall be determined by the Village Board from time to time. Fees shall be related to the costs involved in handling permit applications, reviewing plans, conducting site inspections, and administering the stormwater management program.
A. 
Discharges prohibited. No person may discharge, spill or dump substances or materials which are not entirely composed of stormwater into receiving bodies of water, storm sewers of drainage facilities, or onto driveways, sidewalks, parking lots or other areas that discharge into the Village drainage system.
B. 
Connections prohibited. It shall be a violation of this chapter to connect a sanitary sewer pipe or drain, connect a pipe or drain that contributes pollutants associated with industrial activity; or connect any hydraulic conveyance facility that introduces nonstormwater discharges to the Village stormwater drainage system and facilities. All such nonstormwater discharges into the Village stormwater system and facilities shall be defined as illicit discharges.
(1) 
Illicit discharges shall cease, desist, and be abated by the person or persons responsible within 24 hours of notice from the Building Inspector. If the person or persons responsible fail to cease, desist, and abate the illicit discharge, the Village may take such action itself and seek reimbursement in Municipal or Circuit Court or via special assessment under § 66.0627, Wis. Stats.
C. 
Exemptions. The following activities are exempt from the provisions of this article unless found to have an adverse impact on the stormwater:
(1) 
Discharges authorized by a permit issued by the Wisconsin Department of Natural Resources.
(2) 
Discharges resulting from firefighting activities.
(3) 
Discharges in compliance with construction site erosion controls or stormwater management regulations contained in this article.
(4) 
Facility maintenance activities undertaken by any federal, state, county, or municipal agency, such activities, however, being subject to construction erosion control measures.
(5) 
Discharges from uncontaminated pumped groundwater, potable water sources, roof drains, foundation drains and sump pumps, air-conditioning condensation, springs, lawn watering or irrigation, individual residential car washing, and swimming pools if the water has been dechlorinated.
D. 
Penalty. Violations shall be subject to enforcement procedures and penalties set forth in this article.
A. 
Inspection. Village personnel shall carry out inspections, investigations, and monitoring to assess and confirm compliance with the requirements of this article.
(1) 
Village personnel will inspect, conduct surveillance, and monitor the municipal drainage system and discharge outfalls on an annual basis to assess system performance and water quality. Findings of noncompliance with this article during regular inspection, surveillance, or monitoring of the Village drainage system shall initiate further investigation to identify the source of the pollution discharge to the drainage system.
(2) 
Village personnel will inspect land development activity for compliance with permit conditions as defined in this article.
B. 
Public nuisance. The following shall be deemed to constitute public nuisances and may be prosecuted as such by the Village or by aggrieved property owners:
(1) 
Any development, redevelopment, or property land division that is commenced without an approved stormwater management plan as required by this article.
(2) 
Any land development activity initiated after the effective date of this article by any person, firm, association, or corporation subject to the article provisions shall be deemed a violation unless conducted in accordance with said provisions.
(3) 
Any drainage facility not maintained in accordance with this article.
(4) 
Any illicit discharge as defined in this article to the Village stormwater drainage system and facilities.
(5) 
Any activity that adversely impacts on surface water or groundwater quality or endangers the health and safety of the public.
C. 
Compliance order. The Building Inspector shall notify the responsible owner or operator by certified mail of any noncomplying activity. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action that may be taken.
(1) 
Upon receipt of written notification from the Building Inspector, the responsible owner or operator of the noncomplying activity or property shall make corrections as necessary to meet the requirements set forth in this ordinance.
(2) 
If the permit holder or the person(s) in violation of this article continue noncompliant practices, Village personnel may enter upon the land and perform the work or other operations necessary to bring the said activity into conformance with requirements of this article. The Village shall keep a detailed accounting of the costs and expenses of performing this work. If applicable, these costs and expenses shall be deducted from any financial security posted pursuant to this article. Where such a security has not been established, or where such a security is sufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.
(3) 
The Building Inspector is authorized to post a stop order on all activity in violation of this article, or to request the Village attorney to obtain a cease-and-desist order.
(4) 
If the violations to this article are likely to result in damage to private properties, public facilities, or waters of the state, Village personnel may take emergency actions necessary to prevent such damage. The costs incurred by the Village, plus interest and legal costs, shall be billed to the owner of title of the property.
(5) 
The Department of Public Works may revoke a permit issued under this article for noncompliance with this article.
(6) 
Any person, firm, association, or corporation who does not comply with the provisions of this article shall be subject to a forfeiture of not less than $50 nor more than $1,000 per offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.
(7) 
Compliance with this article may be enforced by injunction, citation, and abatement of nuisance or other appropriate and available remedy. It shall not be necessary to prosecute for forfeiture before resorting to injunctional proceedings.
A. 
Board of Appeals. The Board of Appeals created pursuant to § 16-51 of the Municipal Code as authorized by §§ 62.23(7)(e) and 68.11, Wis. Stats., as amended from time to time:
(1) 
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Village in administering this article.
(2) 
Upon appeal, may authorize variances from the provisions of this article which are not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of this article will result in unnecessary hardship.
(3) 
Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.
(4) 
Shall be authorized to grant full or partial special exceptions pursuant to § 16-51 of the Municipal Code.
B. 
Who may appeal. Appeals to the Board of Appeals may be taken by any aggrieved party.