[9-4-2018]
(1)
Application and administration: applicability. This district overlays
other zoning districts, and its regulations further restrict provisions
of the underlying district.
(a)
Application: The requirements of this chapter do not preempt
more stringent stormwater management requirements that may be imposed
by the Wisconsin Department of Natural Resources.
(b)
Exclusions: This chapter is not applicable to activities conducted
by a state agency, or the Office of the District Attorney, if the
Office of the District Attorney enters into a memorandum of understanding
with the Department of Natural Resources.
(c)
Administration: The Zoning Administrator shall administer and
enforce the provisions of this chapter.
(2)
Severability: If any section, clause, provision or portion of this
chapter is judged unconstitutional or invalid by a court of competent
jurisdiction, the remainder of this chapter shall remain in force
and not be affected by such judgment.
(3)
AGRICULTURAL FACILITY
AVERAGE ANNUAL RAINFALL
BEST MANAGEMENT PRACTICE
BUSINESS DAY
CEASE-AND-DESIST ORDER
CONNECTED IMPERVIOUSNESS
CONSTRUCTION SITE
CONTAMINANT OF CONCERN
DESIGN STORM
DEVELOPMENT
EFFECTIVE INFILTRATION AREA
EROSION
EROSION AND SEDIMENT CONTROL PLAN
EXCEPTIONAL RESOURCE WATERS
FINAL STABILIZATION
FINANCIAL GUARANTEE
IMPERVIOUS SURFACE
IN-FILL DEVELOPMENT
INFILTRATION
INFILTRATION SYSTEM
KARST FEATURE
LAND-DISTURBING CONSTRUCTION ACTIVITY
MAINTENANCE AGREEMENT
MAXIMUM EXTENT PRACTICABLE
NEW DEVELOPMENT
NONPOINT SOURCE POLLUTION
OFF-SITE
ON-SITE
ORDINARY HIGH WATER MARK
OUTSTANDING RESOURCE WATERS
PERCENT FINES
PERFORMANCE STANDARD
PERMIT
POLLUTANT
POLLUTION
POST-CONSTRUCTION
PRE-DEVELOPMENT
REDEVELOPMENT
RESPONSIBLE PARTY
RUNOFF
SEDIMENT
SEPARATE STORM SEWER
SITE
STOP-WORK ORDER
STORMWATER MANAGEMENT PLAN
STORMWATER MANAGEMENT PRACTICE
STORMWATER MANAGEMENT SYSTEM PLAN
STREAM BANK
TECHNICAL STANDARD
TOP OF THE CHANNEL
TR-55
TYPE II DISTRIBUTION
WATERS OF THE STATE
WETLANDS
WETLANDS IN AREAS OF SPECIAL NATURAL RESOURCE INTEREST
ZONING ADMINISTRATOR
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A structure associated with beekeeping; commercial feedlots;
dairying and egg production; floriculture; fish or fur farming; grazing
and livestock raising; poultry raising; raising of grain, grass, mint
and seed crops; orchards and raising of fruits, nuts, berries and
vegetables; sod farming; placing land in federal programs in return
for payments in kind; and owning land, at least 35 acres of which
is enrolled in a conservation reserve program under United States
Code title 16, chapter 58.
A calendar year of precipitation, excluding snow, which is
considered typical as determined by the rainfall record for the Madison
area between March 12 and December 2, 1981.
Structural or nonstructural measures, practices, techniques
or devices used to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the state.
A day the offices of the City are routinely and customarily
open for business.
A court-issued order to halt land-disturbing construction
activity.
An impervious surface directly connected to a separate storm
sewer or water of the state via an impervious flow path.
An area upon which one or more land-disturbing construction
activities occur, including areas that are part of a larger common
plan of development or sale where multiple separate and distinct land-disturbing
construction activities may be taking place at different times on
different schedules but under one plan.
A hazardous substance that is present at a site or facility
in such concentrations that the contaminant poses an actual or potential
threat to human health, safety or welfare or the environment based
upon: a) The toxicological characteristics of the hazardous substance
that influence its ability to adversely affect human health or the
environment relative to the concentration of the hazardous substance
at the site or facility; b) the chemical and physical characteristics
of the hazardous substance which govern its tendency to persist in
the environment and the chemical, physical and biological characteristics
at the site or facility which govern the tendency for the hazardous
substance to persist at the site or facility; c) the chemical and
physical characteristics of the hazardous substance which govern its
tendency to move into and through environmental media; d) the naturally
occurring background concentrations of the hazardous substance; e)
the thoroughness of the testing for the hazardous substance at the
site or facility; f) the frequency that the hazardous substance has
been detected at the site or facility; and g) degradation byproducts
of the hazardous substance.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency
and total depth of rainfall.
An artificial change to improved or unimproved land.
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 surface of the land is worn away
by the action of wind, water, ice or gravity.
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
The surface waters designated in § NR 102.11 of
the Wisconsin Administrative Code.
All land-disturbing construction activities at the construction
site have been completed and that a uniform, perennial, vegetative
cover has been established, with a density of at least 70% of the
cover, for the unpaved areas and areas not covered by permanent structures,
or employment of equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit or similar guarantee.
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.
An area of land located within existing development that
has no impervious surface.
The entry of precipitation or runoff into or through the
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 an area that releases as runoff
a small portion of the precipitation that falls on it such as lawns,
gardens, parks, forests or other similar vegetated areas, redirection
of rooftop downspouts onto lawns or minimal infiltration from practices,
such as swales or roadside channels, designed for conveyance and pollutant
removal only.
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater,
and includes caves, enlarged fractures, mine features, exposed bedrock
surfaces, sinkholes, springs, seeps or swallets.
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 sediment into waters of the state. Land-disturbing
construction activities include clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
A legal document that provides for long-term maintenance
of stormwater management practices.
A level of implementing best management practices to achieve
the performance standards specified in this chapter which takes into
account the best available technology, cost effectiveness and other
competing issues such as human safety and welfare, endangered and
threatened resources, historic properties and geographic features.
Maximum extent practicable allows flexibility in the way to meet the
performance standards and may vary based on the performance standards
and site conditions.
Any development resulting from the conversion of previously
undeveloped land or agricultural land uses.
Pollution from many diffuse sources including rainfall, snowmelt
or irrigation water that picks up and carries away natural and human-made
pollutants and deposits such in the waters of the state.
Located outside the site as designated in the permit application.
Located within the site as designated in the permit application.
The point on the stream bank or shore up to which the presence
and action of surface water is so continuous as to leave a distinctive
mark such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation, or other easily recognized
characteristic. Where the stream bank or shore at any particular place
is of such character that it is difficult or impossible to determine
where the point of ordinary high-water mark is, recourse may be had
to the opposite stream bank of a stream or to other places on the
shore of a lake or flowage to determine whether a given stage of water
is above or below the ordinary high-water mark.
Surface waters designated in § NR 102.10 of the
Wisconsin Administrative Code.
The percentage of a given sample of soil, which passes through
a # 200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Zoning Administrator
to the applicant to conduct land-disturbing construction activity
or to discharge post-construction runoff to waters of the state.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological
materials, radioactive substances, heat, wrecked or discarded equipment,
rocks, sand, cellar dirt and industrial, municipal and agricultural
waste discharged into water.
Contaminating or rendering unclean or impure the waters of
the state, or making the same injurious to public health, harmful
for commercial or recreational use, or deleterious to fish, bird,
animal or plant life.
Completion of land-disturbing construction activity and final
site stabilization of a construction site.
The land cover types present before the initiation of land-disturbing
construction activity, assuming that all land uses before development
activity are managed in an environmentally sound manner.
Areas where development is replacing older development.
Any person holding fee title to the property or other person
contracted or obligated by other agreement to meet the requirements
of this chapter.
Stormwater or precipitation including rain, snow, ice melt
or similar water that moves on the land surface via sheet or channelized
flow.
Settleable solid material that is transported by runoff,
suspended within runoff or deposited by runoff away from its original
location.
A conveyance or system of conveyances including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria: a) is designed or used for collecting water or conveying
runoff; b) is not part of a combined sewer system conveying both sanitary
sewage and stormwater runoff; c) is not draining to a stormwater treatment
device or system; and d) discharges directly or indirectly to waters
of the state.
The entire area included in the legal description of the
land on which the land-disturbing construction activity occurs or
occurred.
An order issued by the Zoning Administrator which requires
that all construction activity on the site be stopped.
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from stormwater after the site has undergone
final stabilization following completion of the construction activity.
Any measure, practice, technique, device or structure used
to meet the requirements of this chapter.
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
The land surface abutting the bed of any navigable waterway
which, either before any project or alteration of land contours or
as a result of the proposed project or alteration, slopes or drains
without complete interruption into the waterway.
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, 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 United States Department of Agriculture, Natural Resources
Conservation Service, and Urban Hydrology for Small Watersheds, second
edition, Technical Release 55, June 1986.
A rainfall type curve as established in the United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published 1973.
Those portions of Lake Michigan and Lake Superior within
the boundaries of this state, 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 this state or its jurisdiction.
An area, whether natural, mitigated or restored, where water
is at, near or above the land surface long enough to be capable of
supporting aquatic or hydrophilic vegetation and which has soils indicative
of wet conditions.
Those wetlands both within the boundary of designated areas
of special natural resource interest and those wetlands which are
in proximity to or have a direct hydrologic connection to such designated
areas. Areas of special natural resource interest include: a) cold
water communities including all trout streams and their tributaries
and trout lakes; b) Lakes Michigan and Superior and the Mississippi
River; c) state and federal designated wild and scenic rivers, designated
state riverways and state designated scenic urban waterways; d) unique
and significant wetlands identified in special area management plans,
special wetland inventory studies, advanced delineation and identification
studies and areas designated by the United States environmental protection
agency; e) calcareous fens; f) habitat used by state or federally
designated threatened or endangered species; g) state parks, forests,
trails and recreation areas; h) state and federal fish and wildlife
refuges and fish and wildlife management areas; i) state and federally
designated wilderness areas; j) designated or dedicated state natural
areas; k) wild rice waters; and l) any other surface waters identified
as outstanding or exceptional resource waters.
The Zoning Administrator for the City.
(4)
Post-construction stormwater management:
(a)
Applicability. This section applies to land-disturbing construction
activities, including those land-disturbing construction activities
that are smaller than the minimum applicability criteria if such activities
are part of a larger common plan of development or sale, even though
multiple, separate and distinct land-disturbing construction activities
may take place at different schedules, that meet any of the following
applicability criteria:
1.
Land-disturbing construction activities on construction sites,
which have one or more acres of land-disturbing construction activity,
except as provided under Subsection (4)(a)3 of this section.
2.
Post-construction sites of any size that, in the opinion of
the Zoning Administrator, are likely to result in runoff that exceeds
the safe capacity of the existing drainage facilities or receiving
body of water, cause undue channel erosion, increase water pollution
by scouring, transport particulate matter or endanger property or
public safety.
3.
Sites that meets any of the criteria in Subsection (4)(a)1 of
this section are exempt from the requirements of this section if one
of the following is met:
a.
A redevelopment post-construction site with no increase in any
impervious surfaces;
b.
A post-construction site with less than 10% connected imperviousness
based upon complete development of the post-construction site, provided
the cumulative area of all parking lots and rooftops is less than
one acre;
c.
Nonpoint source pollution from agricultural facilities or silviculture
activities;
d.
Routine maintenance for project sites under five acres of land-disturbing
construction activity if performed to maintain the original line and
grade, hydraulic capacity or original purpose of the facility; or
e.
Underground utility construction such as water, sewer and fiber
optic lines. This exemption does not apply to the construction of
any aboveground structures associated with utility construction.
(b)
Technical standards: The following technical standards shall
be used in designing the water quality, peak flow shaving and infiltration
components of stormwater practices:
1.
Technical standards identified, developed or disseminated by
the Wisconsin Department of Natural Resources; or
2.
Where technical standards have not been identified or developed
by the Wisconsin department of natural resources, other technical
standards may be used if the methods have been approved by the Zoning
Administrator.
(c)
Plan: The responsible party shall develop and implement a written
post-construction stormwater management plan for each post-construction
site.
1.
Plan requirements: The plan shall contain the following information:
a.
Name, address, and telephone number for the following or their
designees: landowner, developer, project engineer for practice design
and certification, person or persons responsible for installation
of stormwater management practices, and person or persons responsible
for maintenance of stormwater management practices before the transfer,
if any, of maintenance responsibility to another party.
b.
A proper legal description of the property proposed to be developed,
referencing the U.S. public land survey system or to block and lot
numbers within a recorded land subdivision plat.
c.
Pre-development conditions, including:
i.
One or more site maps at a scale of not less than one inch equals
50 feet. The site map shall show the following:
a)
Site location and legal description;
b)
Predominant soil types and hydrologic soil groups;
c)
Existing cover type and condition;
d)
Topographic contours of the site at a scale not
to exceed two feet;
e)
Topography and drainage network including enough
of the contiguous properties to show runoff patterns onto, through,
and from the site;
f)
Watercourses that may affect or be affected by runoff
from the site;
g)
Flow path and direction for all stormwater conveyance
sections;
h)
Watershed boundaries used in hydrology determinations
to show compliance with performance standards;
i)
Lakes, streams, wetlands, channels, ditches, and
other watercourses on and immediately adjacent to the site;
j)
Limits of the 100-year floodplain; and
k)
Location of wells and wellhead protection areas
covering the project area and delineated under § NR 811.16
of the Wisconsin Administrative Code.
ii.
Hydrology and pollutant loading computations as
needed to show compliance with performance standards. All major assumptions
used in developing input parameters shall be clearly stated. The geographic
areas used in making the calculations shall be clearly cross-referenced
to the required map or maps.
d.
Post-development site conditions including:
i.
Explanation of the provisions to preserve and use natural topography
and land cover features to minimize changes in peak flow runoff rates
and volumes to surface waters and wetlands.
ii.
Explanation of any restrictions on stormwater management
practices in the development area imposed by wellhead protection plans
and this section.
iii.
One or more site maps at a scale of not less than
one inch equals 50 feet. The site map shall show the following:
a)
Post-construction pervious areas including vegetative
cover type and condition;
b)
Impervious surfaces including all buildings, structures
and pavement;
c)
Post-construction topographic contours of the site
at a scale not to exceed two feet;
d)
Post-construction drainage network including enough
of the contiguous properties to show runoff patterns onto, through
and from the site;
e)
Locations and dimensions of drainage easements;
f)
Locations of maintenance easements specified in
the maintenance agreement;
g)
Flow path and direction for all stormwater conveyance
sections;
h)
Location and type of all stormwater management conveyance
and treatment practices, including the on-site and off-site tributary
drainage area;
i)
Location and type of conveyance system that will
carry runoff from the drainage and treatment practices to the nearest
adequate outlet such as a curbed street, storm drain or natural drainage
way;
j)
Watershed boundaries used in hydrology and pollutant
loading calculations and any changes to lakes, streams, wetlands,
channels, ditches and other watercourses on and immediately adjacent
to the site;
k)
Hydrology and pollutant loading computations as
needed to show compliance with performance standards. The computations
shall be made for each discharge point in the development, and the
geographic areas used in making the calculations shall be clearly
cross-referenced to the required map or maps;
l)
Results of investigations of soils and groundwater
required for the placement and design of stormwater management practices.
Detailed drawings including cross-sections and profiles of all permanent
stormwater conveyance and treatment practices.
e.
A description and installation schedule for the stormwater management
practices needed to meet the performance standards in Subsection (4)(d)
of this section.
f.
A maintenance plan meeting the requirements of Subsection (4)(f)
of this section developed for the life of each stormwater management
practice including the required maintenance activities and maintenance
activity schedule.
g.
Cost estimates for the construction, operation and maintenance
of each stormwater management practice.
h.
Other information requested in writing by the Zoning Administrator
to determine compliance of the proposed stormwater management practices
with the provisions of this section.
i.
All site investigations, plans, designs, computations and drawings
shall be certified by a licensed professional engineer to be prepared
under accepted engineering practice and requirements of this section.
2.
Alternate requirements. The Zoning Administrator may prescribe
alternative submittal requirements for applicants seeking an exemption
to on-site stormwater management performance standards under Subsection
(4)(d)8. of this section.
(d)
Performance standards. The plan required under subsection (4)(c)
of this section shall meet the following performance standards:
1.
Total suspended solids. Best management practices shall be designed,
installed and maintained to control total suspended solids carried
in runoff from the post-construction site as follows:
a.
For new development, by design, to reduce to the maximum extent
practicable the total suspended solids load by 80% based on the average
annual rainfall, as compared to no runoff management controls. No
person shall be required to exceed an eighty-percent total suspended
solids reduction to meet the requirements of this subsection.
b.
For redevelopment, by design, to reduce to the maximum extent
practicable the total suspended solids load by 40%, based on the average
annual rainfall, as compared to no runoff management controls. No
person shall be required to exceed a forty-percent total suspended
solids reduction to meet the requirements of this subsection.
c.
For in-fill development under five acres that occurs within
10 years after the effective date of this chapter, by design, to reduce
to the maximum extent practicable the total suspended solids load
by 40%, based on an average annual rainfall, as compared to no runoff
management controls. No person shall be required to exceed a forty-percent
total suspended solids reduction to meet the requirements of this
subsection.
d.
For in-fill development that occurs 10 or more years after the
effective date of this chapter, by design, to reduce to the maximum
extent practicable the total suspended solids load by 80%, based on
an average annual rainfall, as compared to no runoff management controls.
No person shall be required to exceed an eighty-percent total suspended
solids reduction to meet the requirements of this subsection.
e.
Notwithstanding Subsections (4)(d)1.a through d of this section,
if the design cannot achieve the applicable total suspended solids
reduction specified, the stormwater management plan shall include
a written and site-specific explanation why that level of reduction
is not attained and the total suspended solids load shall be reduced
to the maximum extent practicable.
2.
Peak discharge:
a.
At a minimum, the two-year, ten-year, and 100-year twenty-four-hour
design storms shall be used in comparing peak flow discharge rates
for pre-development and post-development conditions. The two-year
and ten-year twenty-four-hour post-development runoff rates shall
be maintained to the two-year and ten-year twenty-four-hour pre-development
runoff rates and the 100-year twenty-four-hour post-development design
runoff shall be controlled at the ten-year twenty-four-hour pre-development
runoff rate.
b.
Pre-development conditions shall assume "good hydrologic conditions"
for appropriate land covers as identified in TR-55 or an equivalent
methodology. The meaning of "hydrologic soil group" and "runoff curve
number" are as determined in TR-55. However, when pre-development
land cover is cropland, rather than using TR-55 values for cropland,
the runoff curve numbers in Table 1 shall be used.
|
Table 1 — Maximum pre-development runoff curve numbers
for cropland area
| ||||
|---|---|---|---|---|
|
Hydrologic Soil Group
|
A
|
B
|
C
|
D
|
|
Runoff Curve Number
|
55
|
68
|
77
|
80
|
c.
Subsection (4)(d)2.a through b of this section do not apply
to any of the following:
i.
A post-construction site where the change in hydrology due to
development does not increase the existing surface water elevation
at any point within the downstream receiving water by more than 0.01
feet for the two-year twenty-four-hour storm event;
ii.
A redevelopment post-construction site; and
iii.
An in-fill development area less than five acres.
3.
Infiltration. Best management practices shall be designed, installed
and maintained to infiltrate runoff to the maximum extent practicable
under the following, except as provided in Subsection (4)(d)3.e through
h of this section.
a.
For residential developments one of the following shall be met:
i.
Infiltrate sufficient runoff volume so that the post-development
infiltration volume shall be at least 90% of the pre-development infiltration
volume, based on an average annual rainfall. However, when designing
appropriate infiltration systems to meet this requirement, no more
than 1% of the project site is required as an effective infiltration
area; or
ii.
Infiltrate 25% of the post-development runoff from
the two-year twenty-four-hour design storm with a Type II distribution.
Separate curve numbers for pervious and impervious surfaces shall
be used to calculate runoff volumes and not composite curve numbers
as defined in TR-55. However, when designing appropriate infiltration
systems to meet this requirement, no more than 1% of the project site
is required as an effective infiltration area.
b.
For nonresidential development, including commercial, industrial
and institutional development, one of the following shall be met:
i.
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 project site is required as an effective infiltration
area; or
ii.
Infiltrate 10% of the runoff from the two-year
twenty-four-hour design storm with a Type II distribution. Separate
curve numbers for pervious and impervious surfaces shall be used to
calculate runoff volumes, and not composite curve numbers as defined
in TR-55. However, when designing appropriate infiltration systems
to meet this requirement, no more than 2% of the project site is required
as an effective infiltration area.
c.
Pre-development conditions shall be the same as in Subsection
(4)(d)2 of this section.
d.
Before infiltrating runoff, pretreatment shall be required for
parking lot runoff and for runoff from new road construction in commercial,
industrial and institutional areas that will enter an infiltration
system. The pretreatment shall be designed to protect the infiltration
system from clogging before scheduled maintenance and to protect groundwater
quality under Subsection (4)(d)3.h of this section. Pretreatment options
may include oil and grease separation, sedimentation, biofiltration,
filtration, swales or filter strips.
e.
Exclusions. The runoff from the following areas are excluded
from meeting the requirements of Subsection (4)(d)3 of this section:
i.
Areas associated with tier one industrial facilities identified
in § NR 216.21(2)(a) of the Wisconsin Administrative Code,
including storage, loading, rooftop and parking;
ii.
Storage and loading areas of tier two industrial
facilities identified in § NR 216.21(2)(b) of the Wisconsin
Administrative Code;
iii.
Fueling and vehicle maintenance areas;
iv.
Areas within 1,000 feet upgradient or within 100
feet downgradient of karst features;
v.
Areas with less than three feet separation distance from the
bottom of the infiltration system to the elevation of seasonal high
groundwater or the top of bedrock, except this subsection does not
prohibit infiltration of roof runoff;
vi.
Areas with runoff from industrial, commercial and
institutional parking lots and roads and residential arterial roads
with less than five feet separation distance from the bottom of the
infiltration system to the elevation of seasonal high groundwater
or the top of bedrock;
vii.
Areas within 400 feet of a community water system
well as specified in § NR 811.16(4) of the Wisconsin Administrative
Code, or within 100 feet of a private well as specified in § NR
812.08(4) of the Wisconsin Administrative Code, for runoff infiltrated
from commercial, industrial and institutional land uses or regional
devices for residential development;
viii.
Areas where contaminants of concern are present
in the soil through which infiltration will occur; and
ix.
Any area where the soil does not exhibit one of
the following soil characteristics between the bottom of the infiltration
system and the seasonal high groundwater and top of bedrock: at least
a three-foot soil layer with 20% fines or greater; or at least a five-foot
soil layer with 10% fines or greater. This subsection does not apply
where the soil medium within the infiltration system provides an equivalent
level of protection. This subsection does not prohibit infiltration
of roof runoff.
f.
Exemptions. The following are not required to meet the requirements
of Subsection (4)(d)3 of this section:
i.
Areas where the infiltration rate of the soil is less than 0.6
inches per hour measured at the site;
ii.
Parking areas and access roads are less than 5,000
square feet for commercial and industrial development;
iii.
Redevelopment post-construction sites;
iv.
In-fill development areas less than five acres;
v.
Infiltration areas during periods when the soil on the site
is frozen;
vi.
Roads in commercial, industrial and institutional
land areas and arterial residential roads.
g.
Where alternate uses of runoff are used and approved by the
Zoning Administrator, such as for toilet flushing, laundry or irrigation,
such alternate uses shall be given equal credit toward the infiltration
volume required by Subsection (4)(d)3 of this section.
h.
Infiltration systems designed under Subsection (4)(d)3 of this
section 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 as those terms are used in Chapter NR 140 of
the Wisconsin Administrative Code. However, if site specific information
indicates that compliance with a preventive action limit is not achievable,
the infiltration best management practice may not be installed or
shall be modified to prevent infiltration to the maximum extent practicable.
Discharge from pretreatment best management practices shall remain
below the enforcement standard at the point of standards application.
4.
Protective areas: This subsection applies to post-construction
sites located within a protective area, except those areas exempted
pursuant to Subsection (4)(d)4.c of this section. "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 but does not include any area of land adjacent
to any stream enclosed within a pipe or culvert, such that runoff
cannot enter the enclosure at this location.
a.
The extent of the protective area is as follows:
i.
For outstanding resource waters, exceptional resource waters
and for wetlands in areas of special natural resource interest, 75
feet.
ii.
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.
iii.
For lakes, 50 feet.
iv.
For highly susceptible wetlands, 50 feet. Highly
susceptible wetlands include the following: fens, sedge meadows, bogs,
low prairies, conifer swamps, shrub swamps, other forested wetlands,
fresh wet meadows, shallow marshes, deep marshes and seasonally flooded
basins. Wetland boundary delineations made by other agencies and consultants
may be relied upon. This paragraph does not apply to wetlands that
have been completely filled under all applicable state and federal
regulations. The protective area for wetlands that has been partially
filled under all applicable state and federal regulations shall be
measured from the wetland boundary delineation after fill has been
placed.
v.
For less susceptible wetlands, 10% of the average wetland width,
but no less than 10 feet and nor more than 30 feet. Less susceptible
wetlands include degraded wetlands dominated by invasive species such
as reed canary grass.
vi.
For concentrated flow channels with drainage areas
greater than 130 acres, 10 feet.
vii.
In Subsections (4)(d)4.a.i, iv and v of this section,
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 under the standards and criteria in § NR
103.03 of the Wisconsin Administrative Code.
b.
The following requirements shall be met:
i.
Impervious surfaces shall be kept out of the protective area
to the maximum extent practicable. The stormwater management plan
shall contain a written site-specific explanation for any parts of
the protective area that are disturbed during construction.
ii.
Where land-disturbing construction activity occurs
within a protective area, and where no impervious surface is present,
adequate sod or self-sustaining vegetative cover of 70% or greater
shall be established and maintained. The adequate sod or self-sustaining
vegetative cover shall be sufficient to provide for stream 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 applied on the stream bank as necessary
to prevent erosion, such as on steep slopes or where high velocity
flows occur.
iii.
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.
c.
Subsection (4)(d)4 of this section does not apply to:
i.
Redevelopment post-construction sites;
ii.
In-fill development areas less than five acres;
iii.
Structures that cross or access surface waters
such as boat landings, bridges and culverts;
iv.
Post-construction sites from which runoff does
not enter the surface water, except to the extent that vegetative
ground cover is necessary to maintain stream bank stability; and
v.
Structures constructed under special zoning permission for the
construction or placement of a structure of property in a shoreland
setback area if:
a)
The part of the structure that is nearest to the
water is located at least 35 feet landward from the ordinary high
water mark;
b)
The total floor area of all of the structures in
the shoreland setback area of the property will not exceed 200 square
feet, in calculating this square footage boathouses shall be excluded;
c)
The structure that is the subject of the request
for special zoning permission has no sides or has open or screened
sides; and
d)
The county approved a plan that will be implemented
by the owner of the property to keep or establish a vegetative buffer
zone that covers at least 70% of the half of the shoreland setback
area that is nearest to the water.
5.
Fueling and vehicle maintenance areas: Fueling and vehicle maintenance
areas shall, to the maximum extent practicable, have best management
practices designed, installed and maintained to reduce petroleum within
runoff, such that the runoff that enters waters of the state; that
contains no visible petroleum sheen. A combination of the following
best management practices may be used: oil and grease separators,
canopies, petroleum spill cleanup materials or any other structural
or nonstructural method of preventing or treating petroleum in runoff.
6.
Swale treatment for transportation facilities: Except as provided
in Subsection (4)(d)6.c of this section, transportation facilities
that use swales for runoff conveyance and pollutant removal shall
meet all of the requirements of this subsection. Swales designed to
the maximum extent practicable shall do the following:
a.
Be vegetated. However, where appropriate, nonvegetative measures
may be used to prevent erosion or provide for runoff treatment, such
as rock riprap stabilization or check dams.
b.
Carry runoff through a swale for 200 feet or more in length
that is designed with a flow velocity no greater than 1.5 feet per
second for the peak flow generated using either a two-year twenty-four-hour
design storm or a two-year storm with a duration time equal to the
time of concentration as appropriate. If a swale of 200 feet in length
cannot be designed with a flow velocity of 1.5 feet per second or
less, then the flow velocity shall be reduced to the maximum extent
practicable.
c.
Additional requirements. The Zoning Administrator may, consistent
with water quality standards, require that other provisions of this
section be met on a transportation facility with an average daily
travel of greater than 2,500 vehicles and where the initial surface
water of the state that the runoff directly enters any of the following:
i.
An outstanding resource water;
ii.
An exceptional resource water;
iii.
Waters listed in § 303(d) of the Clean
Water Act, 33 U.S.C. § 1313, that are identified as impaired
in whole or in part, due to nonpoint source pollution impacts; or
iv.
Waters where targeted performance standards are
promulgated by rule of the Wisconsin Department of Natural Resources
to meet water quality standards.
7.
General considerations for on-site and off-site stormwater management
measures. The following considerations shall be observed in managing
runoff:
a.
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;
b.
Emergency overland flow for all stormwater facilities shall
be provided to prevent exceeding the safe capacity of downstream drainage
facilities and prevent endangerment of downstream property or public
safety; and
c.
In areas draining to a land-locked pond, best management practices
shall be designed to maintain or reduce the existing maximum 100-year
floodplain elevation of the area adjacent to the pond unless the entire
100-year floodplain lies within the owner's property. This condition
may be waived if the owner obtains the legal right to increase flood
elevations on all properties where the floodplain is increased due
to development activities.
8.
Location and regional treatment option:
a.
The best management practices may be located on-site or off-site
as part of a regional stormwater device, practice or system.
b.
Post-construction runoff within a nonnavigable surface water
that flows into a best management practice, such as a wet detention
pond, is not required to meet the performance standards of this section.
Post-construction best management practices may be located in nonnavigable
surface waters.
c.
The discharge of runoff from a best management practice, such
as a wet detention pond, or after a series of such best management
practices is subject to this chapter.
d.
Except as allowed under Subsection (4)(d)8.e of this section,
post-construction runoff from new development shall meet the post-construction
performance standards before entering a navigable surface water.
e.
Post-construction runoff from any development within a navigable
surface water that flows into a best management practice is not required
to meet the performance standards of this section if:
i.
The best management practice was constructed before the effective
date of this chapter and the best management practice either received
a permit issued under Chapter 30 of the Wisconsin Statutes or the
best management practice did not require such permit; and
ii.
The best management practice is designed to provide
runoff treatment from future upland development.
f.
Runoff from existing development, redevelopment and undeveloped
areas of land located within existing development shall meet the post-construction
performance standards under Subsection (4)(d)8 of this section in
accordance with the following:
i.
To the maximum extent practicable, best management practices
shall be located to treat runoff before discharge to navigable surface
waters.
ii.
Post-construction best management practice for
such runoff may be located in a navigable surface water if allowable
under all other applicable federal, state and local regulations.
g.
The Zoning Administrator may approve off-site management measures
if all of the following conditions are met:
i.
The Zoning Administrator determines that the post-construction
runoff is covered by a stormwater management system plan that is approved
by the City and that contains management requirements consistent with
the purpose and intent of this chapter.
ii.
The off-site facility meets all of the following
conditions:
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 that
which would be achieved by on-site practices meeting the performance
standards of this section; and
c)
The facility has a legally obligated entity responsible
for its long-term operation and maintenance.
h.
Where a regional treatment option exists such that the Zoning
Administrator 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 by the Zoning Administrator
and approved by the Board of Public Works. In determining the fee
for post-construction runoff, the Zoning Administrator shall consider
an equitable distribution of the cost for land, engineering design,
construction and maintenance of the regional treatment option.
9.
Alternate requirements: The Zoning Administrator may establish
stormwater management requirements more stringent than those set forth
in this section if the Zoning Administrator determines that an added
level of protection is needed to protect sensitive resources.
(e)
Permit: No responsible party may undertake a land-disturbing
construction activity without receiving a post-construction stormwater
permit from the Zoning Administrator before commencing the proposed
activity.
1.
Permit application and fees: Unless specifically excluded by
this chapter, any responsible party desiring a permit shall submit
to the Zoning Administrator a permit application made on a form provided
by the Zoning Administrator for that purpose. A permit application
must be accompanied by a post-construction stormwater management plan,
a maintenance agreement and a nonrefundable permit fee paid to the
Zoning Administrator. The plan and maintenance agreement shall be
prepared to meet the requirements of this section.
2.
Review and approval of permit application: The Zoning Administrator
shall review any permit application that is submitted and the following
approval procedures shall be used:
a.
Within 15 business days of receipt of a complete permit application,
the Zoning Administrator shall inform the applicant whether the application,
plan and maintenance agreement are approved or disapproved.
b.
If the 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 Zoning Administrator shall issue
the permit.
c.
If the permit application, plan or maintenance agreement is
disapproved, the Zoning Administrator shall detail in writing the
reasons for disapproval.
d.
The Zoning Administrator may request additional information
from the applicant. If additional information is submitted, the Zoning
Administrator shall have 10 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.
e.
Failure by the Zoning Administrator to inform the permit applicant
of a decision within 60 business days of a required submittal shall
be considered an approval and the applicant may proceed as if a permit
had been issued.
3.
Permit conditions: All permits issued under this section shall
be subject to the following conditions and the holders of permits
issued under this section shall be considered to have accepted these
conditions.
a.
The responsible party must comply with all applicable federal,
state and local laws and regulations.
b.
The responsible party shall design and install all structural
and nonstructural stormwater management measures under the approved
stormwater management plan and permit.
c.
The responsible party shall notify the Zoning Administrator
at least five business days before commencing any work in conjunction
with the post-construction stormwater management plan, and within
five business days upon completion of the stormwater management practices.
If required as a special condition under Subsection (4)(e)3.m of this
section, the responsible party shall make additional notifications
according to a schedule set forth by the Zoning Administrator so that
installation of stormwater management practices can be inspected during
construction.
d.
Installation of stormwater management practices required as
part of this chapter shall be certified "as built" by a licensed professional
engineer. Completed stormwater management practices must pass a final
inspection by the Zoning Administrator or designee to determine if
they conform to the approved stormwater management plan and this chapter.
The Zoning Administrator or designee shall notify the responsible
party in writing of any changes required and such practices to bring
them into compliance with the conditions of this permit.
e.
The responsible party shall notify the Zoning Administrator
of any significant modifications it intends to make to an approved
stormwater management plan. The Zoning Administrator may require that
the proposed modifications be submitted to it for approval before
incorporation into the stormwater management plan and execution by
the responsible party.
f.
The responsible party shall maintain all stormwater management
practices under the post-construction stormwater management plan until
such practices either become the responsibility of the City, or are
transferred to private owners as specified in the approved maintenance
agreement.
g.
The responsible party authorizes the Zoning Administrator to
perform any work or operations necessary to bring stormwater management
practices into conformance with the approved post-construction stormwater
management plan, and consents to a special assessment or charge against
the property or to charging such costs against the posted financial
guarantee.
h.
If directed by the Zoning Administrator, the responsible party
shall repair at the responsible party's expense all damage to
adjoining municipal facilities and drainage ways caused by runoff,
where such damage is caused by activities that are not in compliance
with the approved stormwater management plan.
i.
The responsible party shall permit property access to the Zoning
Administrator or designee for inspecting the property for compliance
with the approved post-construction stormwater management plan and
permit.
j.
Where site development or redevelopment involves changes in
direction, or increases in peak rate or total volume of runoff from
a site, the Zoning Administrator may require the responsible party
to make appropriate legal arrangements with affected property owners
concerning the prevention of endangerment to property or public safety.
k.
The responsible party is subject to the enforcement actions
and penalties detailed in Subsection (7) of this chapter, if the responsible
party fails to comply with the terms of this permit.
l.
The Zoning Administrator may suspend or revoke a permit for
violation of a permit condition following written notification of
the responsible party. Any action by the Zoning Administrator to suspend
or revoke this permit may be appealed under Subsection (9) of this
chapter.
m.
Permits issued under this section may include conditions established
by the Zoning Administrator in addition to the requirements needed
to meet the performance standards in Subsection (4)(d) of this section
or a financial guarantee in Subsection (4)(e) of this section.
4.
Permit duration: Permits issued under this section shall be
valid from the date of issuance through the date the Zoning Administrator
notifies the responsible party that all stormwater management practices
have passed the final inspection required under Subsection (4)(e)3.d
of this section.
(f)
Maintenance agreement: The maintenance agreement is an agreement
between the City and the responsible party to provide for maintenance
of stormwater management practices beyond the duration period of the
permit.
1.
Maintenance agreement filed: The maintenance agreement shall
be filed with the Green County Register of Deeds as a covenant so
that it binds all owners of the land served by the stormwater management
practices.
2.
Maintenance agreement provisions: The maintenance agreement
shall contain the following information and be consistent with the
stormwater management plan:
a.
Identification of the stormwater facilities and designation
of the drainage area served by the facilities.
b.
Schedule for regular maintenance of each aspect of the stormwater
management system consistent with the post-construction stormwater
management plan.
c.
Identification of the responsible party or parties, organization,
city, town, village or county responsible for long-term maintenance
of the stormwater management practices identified in the stormwater
management plan.
d.
Requirement that the responsible party or parties, organization,
city, town, village or county shall maintain stormwater management
practices under the schedule included in Subsection (4)(f)2.b of this
section.
e.
Authorization for the Zoning Administrator or designee to access
the property to conduct inspections of stormwater management practices
as necessary to determine that such practices are being maintained
and operated as required by the agreement.
f.
Requirement on the City 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 set
forth any corrective actions required to bring the stormwater management
practice into proper working condition.
g.
Agreement that the party designated under Subsection (4)(f)2.c
of this section as responsible for long term maintenance of the stormwater
management practices and shall be notified by the City of maintenance
problems which require correction. The specified corrective actions
shall be undertaken within a reasonable time frame as set by the City.
h.
Authorization of the City to perform the corrected actions identified
in the inspection report if the responsible party designated under
Subsection (4)(f)2.c of this section does not make the required corrections
in the specified time period. The City shall enter the amount due
on the tax rolls and collect the money as a special assessment against
the property.
(g)
Financial guarantee: The Zoning Administrator may require the
submittal of a financial guarantee.
1.
Establishment of the guarantee: The financial guarantee shall
be in an amount, form and type determined by the Zoning Administrator
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 Zoning Administrator
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, and upon written notice to
the responsible party by the Zoning Administrator that the requirements
of this chapter have not been met.
2.
Conditions for release: Conditions for the release of the financial
guarantee are as follows:
a.
The Zoning Administrator shall release the portion of the financial
guarantee established, less any costs incurred by the City to complete
installation of stormwater management practices, upon submission of
"as built plans" by a licensed professional engineer. The City may
make provisions for a partial pro-rata release of the financial guarantee
based on the completion of various development stages.
b.
The Zoning Administrator shall release a portion of the financial
guarantee to assure maintenance of stormwater management practices,
less any costs incurred by the Zoning Administrator, at such time
that the responsibility for stormwater management practice maintenance
is passed onto another entity via an approved maintenance agreement.
(5)
Erosion and sediment control:
(a)
Applicability: This section applies to the following land-disturbing
construction activities except as provided under Subsection (5)(a)7
of this section:
1.
The construction of houses or commercial, industrial or institutional
buildings on lots of approved subdivision plats and certified survey
maps.
2.
The grading, removal of protective ground cover or vegetation,
excavation, land filling or other land-disturbing activity affecting
400 cubic yards or more of dirt, sand or other excavation or fill
material.
3.
The excavation or filling or a combination thereof affecting
400 cubic yards or more of dirt, sand or other excavation of fill
material.
4.
The construction enlargement, relocating or reconstruction of
streets, highways, roads or bridges.
5.
The laying, repairing, replacing or enlarging of an underground
pipe or facility for a distance of 300 feet or more.
6.
This section does not apply to the following activities:
a.
The construction of a building that is regulated under §§ SPS
321.125 and SPS 350.115 of the Wisconsin Administrative Code.
b.
A construction project that is exempted by federal statutes
or regulations from the requirement to have a national pollutant discharge
elimination system permit for land-disturbing construction activity.
c.
Nonpoint source pollution from agricultural facilities and silviculture
activities.
d.
Routine maintenance for project sites under five acres of land-disturbing
construction activity if performed to maintain the original line and
grade, hydraulic capacity or original purpose of the facility.
7.
Notwithstanding the applicability requirements in Subsection
(5)(a)1 through 6 of this section, this section applies to construction
sites of any size that, in the opinion of the Zoning Administrator,
are likely to result in runoff that exceeds the safe capacity of the
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)
Technical standards: All best management practices required
to comply with this section shall meet the design criteria, standards
and specifications based on the following:
1.
Design guidance and technical standards identified or developed
by the Wisconsin Department of Natural Resources;
2.
Average annual basis calculated by using the appropriate annual
rainfall or runoff factor, also referred to as the R factor, or an
equivalent design storm using a type II distribution, with consideration
given to the geographic location of the site and the period of disturbance;
and
3.
Other technical standards not identified or developed in Subsection
(5)(b)1 or 2 of this section, that have been approved by the Zoning
Administrator.
(c)
Plan. The responsible party shall develop and implement a written
erosion and sediment control plan for each construction site identified
in Subsection (5)(a) of this section that incorporates the requirements
of this section.
1.
Plan requirements. The erosion and sediment control plan shall
be prepared and submitted to the Zoning Administrator. The erosion
and sediment control plan shall be designed to meet the erosion control
performance standards and other requirements of this section, and
address pollution caused by soil erosion and sedimentation during
construction and up to final stabilization of the site.
a.
The erosion and sediment control plan shall include the following:
i.
Statement that briefly describes the site and the best management
practices that will be used, including the site development schedule.
ii.
Names and addresses of the owner or developer of
the site, and of any consulting firm retained by the applicant, and
the name of the applicant's principal contact at such firm.
iii.
Start and end dates for construction.
iv.
Description of the site and the nature of the land-disturbing
construction activity, including a representation of the limits of
land-disturbing construction activity on a United States geological
service 7.5-minute series topographic map.
v.
A sequence of construction of the development site, including
stripping and clearing, rough grading, construction of utilities,
infrastructure, buildings and final grading and landscaping. Sequencing
shall identify the expected date on which clearing will begin, the
estimated duration of exposure of cleared areas, areas of clearing,
installation of temporary erosion and sediment control measures, and
establishment of permanent vegetation.
vi.
Estimates of the total area of the site and the
total area of the site that is expected to be disturbed by land-disturbing
construction activities.
vii.
Estimates, including calculations, if any, of
the runoff coefficient of the site before and after land-disturbing
construction activities are completed.
viii.
Calculations to show the expected percent reduction
in the average annual sediment load carried in runoff as compared
to no sediment or erosion controls.
ix.
Existing data describing the surface soil as well
as subsoils.
x.
Depth to groundwater, as shown by natural resources conservation
service soil information where available.
xi.
Name of the immediate named receiving water from
the United States geological service 7.5-minute series topographic
maps.
xii.
Site map. The site map shall include the following
items and shall be at a scale not greater than 100 feet per inch and
at a contour interval not to exceed five feet. The site map shall
include the following:
a)
Existing topography, vegetative cover, natural and
engineered drainage systems, roads and surface waters including lakes,
streams, wetlands, channels, ditches and other watercourses on and
immediately adjacent to the site, and any identified 100-year flood
plains, flood fringes and floodways.
b)
Boundaries of the construction site.
c)
Drainage patterns and approximate slopes anticipated
after major grading activities.
d)
Areas of soil disturbance.
e)
Location of major structural and nonstructural controls
identified in the plan.
f)
Location of areas where stabilization practices
will be used.
g)
Areas which will be vegetated following construction.
h)
Extent of wetland acreage on the site and locations
where stormwater is discharged to a surface water or wetland.
i)
Locations of all surface waters and wetlands within
one mile of the construction site.
j)
An alphanumeric or equivalent grid overlying the
entire construction site map.
xiii.
Description of appropriate controls and measures
that will be performed at the site to prevent pollutants from reaching
waters of the state. The plan shall clearly describe the appropriate
control measures for each major activity and the timing during the
construction process that the measures will be implemented. The description
of erosion controls shall include, when appropriate, the following
minimum requirements:
a)
Description of interim and permanent stabilization
practices, including a practice implementation schedule. Site plans
shall ensure that existing vegetation is preserved where attainable
and that disturbed portions of the site are stabilized.
b)
Description of structural practices to divert flow
away from exposed soils, store flows or otherwise limit runoff and
the discharge of pollutants from the site. Unless otherwise specifically
approved in writing by the Zoning Administrator, structural measures
shall be installed on upland soils.
c)
Management of overland flow at all sites, unless
otherwise controlled by outfall controls.
d)
Trapping of sediment in channelized flow.
e)
Staging construction to limit bare areas subject
to erosion.
f)
Protection of downslope drainage inlets where they
occur.
g)
Minimization of tracking at all sites.
h)
Clean up of off-site sediment deposits.
i)
Proper disposal of building and waste materials
at all sites.
j)
Stabilization of drainage ways.
k)
Control of soil erosion from dirt stockpiles.
l)
Installation of permanent stabilization practices
as soon as possible after final grading.
m)
Minimization of dust to the maximum extent practicable.
b.
The erosion and sediment control plan shall require that velocity
dissipation devices be placed at discharge locations and along the
length of any outfall channel, as necessary, to provide a nonerosive
flow from the structure to a watercourse so that the natural physical
and biological characteristics and functions are maintained and protected.
2.
The applicant shall amend the plan if any of the following occur:
a.
There is a change in design, construction, operation or maintenance
at the site which has a reasonable potential for the discharge of
pollutants to the waters of the state and which has not otherwise
been addressed in the plan.
b.
The actions required by the plan fail to reduce the impacts
of pollutants carried by construction site runoff.
c.
The Zoning Administrator notifies the applicant of changes needed
in the plan.
d.
Permit: No responsible party may commence a land-disturbing
construction activity under this section without receiving prior approval
of an erosion and sediment control plan for the site and a permit
from the City.
i.
Permit application and fees: At least one responsible party
desiring to undertake a land-disturbing construction activity subject
to this section shall submit an application for a permit, an erosion
and sediment control plan and pay a fee. By submitting an application,
the applicant is authorizing the Zoning Administrator to enter the
site to obtain information required for the review of the erosion
and sediment control plan.
ii.
Review and approval of permit application: The
Zoning Administrator shall review any complete permit application.
The following approval procedure shall be used:
a)
Within 15 business days of the receipt of a complete
permit application, the Zoning Administrator shall inform the applicant
whether the application and plan are approved or disapproved based
on the requirements of this chapter.
b)
If the permit application and plan are approved,
the Zoning Administrator shall issue the permit.
c)
If the permit application or plan is disapproved,
the Zoning Administrator shall state in writing the reasons for disapproval.
d)
The Zoning Administrator may request additional
information from the applicant. After additional information is submitted,
the Zoning Administrator shall have 10 business days from the date
the additional information is received to inform the applicant that
the plan is either approved or disapproved.
e)
Failure by the Zoning Administrator to inform the
permit applicant of a decision within 60 business days of a required
submittal shall be considered an approval of the submittal and the
applicant may proceed as if a permit had been issued.
iii.
Surety bond: As a condition of approval and issuance
of the permit, the Zoning Administrator may require the applicant
to deposit a surety bond or irrevocable letter of credit to guarantee
a good-faith execution of the approved erosion control plan and any
permit conditions.
iv.
Permit conditions: All permits require the responsible
party to:
a)
Notify the Zoning Administrator within 48 hours
of commencing any land-disturbing construction activity.
b)
Notify the Zoning Administrator of completion of
any best management practices within 14 days after their installation.
c)
Obtain permission in writing from the Zoning Administrator
before any modification under Subsection (5)(c)2 of this chapter of
the erosion and sediment control plan.
d)
Install all best management practices.
e)
Maintain all road drainage systems, stormwater drainage
systems, best management practices and other facilities.
f)
Repair any siltation or erosion damage to adjoining
surfaces and drainage ways resulting from land-disturbing construction
activities and document repairs in a site erosion control log.
g)
Inspect the best management practices within 24
hours after each rainfall of 0.5 inches or more which results in runoff
during active construction periods, and at least once each week to
make needed repairs and document the findings of the inspections in
a site erosion control log with the date of inspection, the name of
the person conducting the inspection and a description of the present
phase of the construction at the site.
h)
Allow the Zoning Administrator to enter the site
for inspecting compliance with the erosion and sediment control plan
or for performing any work necessary to bring the site into compliance
with the control plan.
i)
Keep a copy of the erosion and sediment control
plan at the construction site.
j)
Include conditions established by the Zoning Administrator
in addition to the requirements set forth in Subsection (5)(d)4.a
through i of this section, where needed to assure compliance with
the performance standards in Subsection (5)(e) of this section.
v.
Permit duration: Permits issued under this section shall be
valid for 180 days or the length of the building permit or other construction
authorizations, whichever is longer, from the date of issuance. The
Zoning Administrator may extend the period one or more times for up
to an additional 180 days. The Zoning Administrator may require additional
best management practices as a condition of the extension if they
are necessary to meet the requirements of this chapter.
vi.
Maintenance: The responsible party throughout the
duration of the land-disturbing construction activities shall maintain
all best management practices necessary to meet the requirements of
this chapter until the site has undergone final stabilization.
e.
Performance standards: The plan required under Subsection (5)(c)
of this section shall meet the following requirements.
i.
Plan requirements: The erosion and sediment control plan shall
include the following performance standards:
a)
Best management practices that, by design, achieve
to the maximum extent practicable a reduction of 80% of the sediment
load carried in runoff, on an average annual basis, as compared with
no sediment or erosion controls until the construction site has undergone
final stabilization. No person shall be required to exceed an eighty-percent
sediment reduction to meet the requirements of this subsection. Erosion
and sediment control best management practices may be used alone or
in combination to meet the requirements of this subsection. Credit
toward meeting the sediment reduction shall be given for limiting
the duration or area or both of land-disturbing construction activity
or other appropriate mechanism.
b)
Notwithstanding Subsection (5)(e)1.a of this section,
if best management practices cannot be designed and implemented to
reduce the sediment load by 80%, on an average annual basis, the plan
shall include a written and site-specific explanation as to why the
eighty-percent reduction goal is not attainable and the sediment load
shall be reduced to the maximum extent practicable.
c)
Where appropriate, the plan shall include sediment
controls to prevent or protect all of the following to the maximum
extent practicable:
d)
The use, storage and disposal of chemicals, cement
and other compounds and materials used on the construction site shall
be managed during the construction period to prevent their entrance
into waters of the state. However, projects that require the placement
of these materials in waters of the state, such as constructing bridge
footings or best management practice installations, are not prohibited
by Subsection (5)(e)1 of this section.
ii.
Location: The best management practices used to
comply with this section shall be located before runoff entering waters
of the state.
iii.
Alternate requirements: The Zoning Administrator
may establish erosion and sediment control requirements more stringent
than those set forth in this section if the Zoning Administrator determines
that an added level of protection is needed for sensitive resources.
(6)
Inspection: If land-disturbing construction activities are being
carried out without a permit as required by this chapter, the Zoning
Administrator may enter the land pursuant to a special inspection
warrant.
(7)
Enforcement and penalties:
(a)
Violation: Any land-disturbing construction activity or post-construction
runoff initiated after the effective date of this chapter by any person
subject to this chapter shall be considered a violation unless conducted
under the requirements of this chapter.
(b)
Noncompliance notice: The Zoning Administrator shall notify
the responsible party by certified mail of any noncomplying land-disturbing
construction activity or post-construction runoff. Noncompliance includes
bad-faith implementation and failure to meet conditions of the permit.
1.
The notice shall describe the nature of the violation, remedial
actions necessary, a schedule for remedial action and additional enforcement
action which may be taken.
2.
Upon receipt of the noncompliance notice, the responsible party
shall correct work that does not comply with the approved plan or
other provisions of the permit. The responsible party shall make corrections
as necessary to meet the specifications and schedule set forth by
the Zoning Administrator in the noncompliance notice. If noncompliance
is likely to result in damage to properties, public facilities or
waters of the state, the Zoning Administrator may enter the land and
take emergency actions necessary to prevent such damage.
3.
If the responsible party does not correct work to comply with
this chapter and with an approved plan or other provisions of the
permit within 15 days after the scheduled deadline in the noncompliance
notice, the Zoning Administrator shall:
a.
Recommend that any person, firm, association or corporation
who does not comply with the provisions of this chapter be subject
to a Class 1 forfeiture. Each day that the violation exists shall
constitute a separate offense; and
b.
Post a stop-work order on all land-disturbing construction activity
being undertaken without a permit or in violation of this chapter.
After posting a stop-work order, the Zoning Administrator may issue
a notice of intent to the responsible party of the Zoning Administrator's
intent to perform work necessary to comply with this chapter. The
Zoning Administrator and designees may go on the land and commence
the work after issuing the notice of intent.
4.
If the responsible party does not comply this chapter, the noncompliance
notice or a stop-work order, the Zoning Administrator shall revoke
the permit issued under this chapter 30 days after the scheduled deadline
in the noncompliance notice.
5.
The Zoning Administrator may refer any violation of this chapter
or a stop-work order issued pursuant to this chapter to the City Attorney
for the commencement of further legal proceedings in any court of
competent jurisdiction. It shall not be necessary to prosecute for
forfeiture or a cease-and-desist order before resorting to injunction
proceedings.
(c)
Duration: Any permit revocation, stop-work order or cease-and-desist
order may remain in effect unless retracted by the Zoning Administrator
or by a court of competent jurisdiction.
(d)
Costs: The costs incurred by the Zoning Administrator under
Subsection (7)(b) of this section, plus interest and legal costs,
shall be billed to the responsible party. The Zoning Administrator
shall keep a detailed accounting of the costs and expenses of performing
work. These costs and expenses shall be deducted from any financial
guarantee posted under Subsection (4)(h) of this chapter. Where such
a guarantee has not been posted, or where such a guarantee is insufficient
to cover these costs, the costs and expenses may be entered on the
tax roll as a special assessment against the property and collected
with any other taxes levied thereon for the year in which the work
is completed.
(8)
Fee schedule: The fees referred to in this chapter shall be established
by the Council.
(9)
Appeals: The Zoning Board of Appeals shall hear and decide appeals
made by any aggrieved person or by an officer, department, board or
bureau of the City affected by any decision of the Zoning Administrator
where it is alleged that there is error in any order, decision or
determination made by the Zoning Administrator in administering this
chapter. Upon appeal, the Zoning Board of Appeals may authorize variances
from the provisions of this chapter that are not contrary to the public
interest, and where owing to special conditions a literal enforcement
of the provisions of this chapter will result in unnecessary hardship.
