[Ord. No. 7-2007, 10-10-2007; amended 5-14-2012 by Ord. No. 05-2012]
(a)
Creation. There is hereby created and established a stormwater ordinance
for the Village of Mount Pleasant. The implementation and oversight
of the stormwater ordinance shall be under the supervision of the
Village engineers.
(b)
Authority. The Village, acting through the stormwater commission,
may without limitation due to enumeration, acquire, construct, lease,
own, operate, maintain, extend, expand, replace, clean, dredge, repair,
conduct, manage and finance such facilities, operations and activities,
as are deemed by the Village to be proper and reasonably necessary
for a system of storm water and surface water management. These facilities
may include, without limitation due to enumeration, surface and underground
drainage facilities, sewers, watercourses, retaining walls, ponds,
streets, roads, ditches and such other facilities as will support
a storm water management system.
(c)
Definitions. For purposes of this article, the following definitions
shall apply:
(1)
DEVELOPED PROPERTY — Property that has been altered from its
natural state by the addition of any improvement, such as a building,
structure or impervious surface and where a certificate of occupancy
has been issued, or upon completion of construction or final inspection
if no such certificate is issued; or where construction of an improvement
is at least 50% complete and construction is halted for a period exceeding
three months.
(2)
DWELLING UNIT — Any residential space identified for habitation
by the building code. A dwelling unit includes, but is not limited
to; single family residences, and two-, three-, or four-family apartments,
condominiums, or townhouse living units.
(3)
EQUIVALENT RUNOFF UNIT or ERU — Is defined as 3,000 square
feet of impervious area. The impervious area includes, but is not
limited to, all areas covered by structures, roof extensions, patios,
porches, driveways and sidewalks.
(4)
IMPERVIOUS AREA or IMPERVIOUS SURFACE — A surface that has
been compacted or covered with a layer of material so that it is highly
resistant to infiltration by rainwater. It includes, but is not limited
to, paved streets, driveways, roofs, sidewalks, parking lots, brick
pavers and other similar surfaces constructed of impervious materials
such as concrete, asphalt, etc. Compacted gravel and clay are not
considered impervious areas.
(5)
NON-RESIDENTIAL PROPERTY — Any developed lot or parcel not
exclusively residential as defined herein, including but not limited
to, transient rentals (such as hotels and motels), multifamily apartment
buildings with more than two units commercial, industrial, institutional,
governmental property.
(6)
RESIDENTIAL PROPERTY — Any lot or parcel developed exclusively
for residential purposes including, but not limited to, single family
homes, manufactured homes, and condominiums. In the case of private
ownership of individual residential units existing in multiple family
buildings or developments, each dwelling unit shall be assigned a
separate ERU.
(7)
SINGLE FAMILY PROPERTY — A residential space identified as
a habitation with exactly one dwelling unit.
(8)
STORMWATER COMMISSION — Five members Village Trustee Members
will be appointed by the Village President and Citizen Members will
be appointed by the Village President and confirmed by the Village
Board. It is preferred that a majority of the members be Citizens.
(9)
UNDEVELOPED PROPERTY — Property which has not been altered
from its natural state by the addition of any improvements such as
a building, structure, or impervious surface.
[Ord. No. 7-2007, 10-10-2007]
(a)
Rates and charges.
(1)
The basis for computation of the charge for storm water services
to all lots and parcels of land within the Village is established
under this section. The amount of charge to be imposed, the establishment
of formulas for the calculation of charges, the creation of customer
classifications for the imposition of charges, and changes in such
charges, formulas and customer classifications may be made by further
resolution of the Village Board following a recommendation by the
storm water commission. All charges established pursuant to this section
shall be fair and reasonable. A schedule of current charges shall
be maintained on file in the office of the Village Clerk.
(2)
Charges shall be imposed to recover all or a portion of the costs
of the storm water management activities. Such charges, which shall
be established pursuant to further resolution of the Village Board,
may include the following components:
a.
Base operational charge applied to undeveloped parcels. A base operational
charge will be imposed on all undeveloped properties in the Village.
The base operational charge is established in recognition of the fact
that all properties in the Village receive services from the Village's
storm water management activities and contribute to some degree to
the storm water runoff that must be managed by the Village. The base
operational charge will be assessed to collect a proportionate amount
of the operational costs of the storm water management activities
from undeveloped properties. The charge per undeveloped parcel will
be determined by taking the budgeted annual operational expense of
the storm water commission for the storm water management activities
and dividing by the total number of real estate parcels in the Village
of Mount Pleasant.
Base Operational Charge Applied to Undeveloped Lots = (Annual
Budget Operating Cost) ÷ (Total Real Estate Tax Parcels)
b.
ERU charge. An equivalent runoff unit charge (1 ERU) will be imposed
on all property containing impervious surface. This ERU charge will
fund both the capital and remaining operational costs not recovered
from undeveloped parcels. Non-residential properties containing impervious
area will be charged multiples of the ERU, but no less than 1 ERU,
based on the impervious area of the property.
ERU Charge (Applied to Parcels containing Impervious Area) =
((Total Annual Budgeted ERU Revenue) -
(Revenue recovered from Undeveloped Lots)) ÷ (Total ERUs)
(3)
The Village Board may establish rates and classifications by further
resolution as will be likely to provide a reasonable and fair distribution
of costs for storm water management. In the event the owner and non-owner
users of a particular property are not the same; the liability for
the charges attributable to that property shall be that of the owner.
(4)
The charges established will be billed to the customer at the same
time and in the same manner as the Village tax bill as an additional
fee for storm water services. Such charges shall be payable in the
same manner as a tax bill. Bills for storm water charges shall be
mailed to the owner of the property to which the bill relates. Payment
is due with the first tax installment.
(5)
All storm water service charges shall be billed and collected, and
shall be a lien upon the property served under the provisions of Wis.
Stats. § 66.0809, as amended and/or renumbered.
(b)
Appeals procedures.
(1)
Adjustments for ERU charges.
a.
The Village elects not to be subject to the administrative review
provisions contained within Wis. Stats. Ch. 68, and establishes the
following as a complete and final review procedure: As a condition
precedent to challenging any storm water utility charge, the charge
must be timely paid in full with the property owner's real estate
taxes, under protest to the Village. Any appeal should be presented
in written form to the Village engineers and the stormwater commission.
The appeal shall specify all grounds for challenge to the amount of
the charge and shall state the amount of charge that the appellant
considers to be appropriate.
b.
Requests for adjustments of the ERU's allocated to a parcel of property
shall focus upon the calculation of ERU's based upon the amount of
impervious area or impervious surface on the property. The Village
engineers shall have the authority to administer the procedures and
standards for the adjustment of ERU's as established in this section.
c.
A customer may at any time, subject to the conditions herein provided,
submit a written request seeking an adjustment of the ERU's allocated
to a parcel or property, which shall describe in detail the grounds
upon which relief is sought.
d.
A customer requesting adjustments may be required, at their own expense,
to provide supplemental information to the Village engineers including,
but not limited to, survey data approved by a registered land surveyor.
Failure to provide such information within a thirty-day time period
may result in denial of an adjustment request.
e.
Following submission of a completed adjustment request and all required
information, the Village engineers shall have 30 calendar days within
which to render a written decision. In considering an adjustment request,
the Village engineers shall consider whether the calculation of the
ERUs for the property are correct.
f.
The Village engineers' decision shall be mailed to the address provided
on the adjustment request by first class mail and notification shall
be complete upon mailing.
g.
Appeal of the Village engineers' decision concerning an ERU adjustment
request shall be in writing and shall specify the grounds for challenging
the Village engineers' decision. Appeals shall specifically address
the Village engineers' conclusions and shall not merely repeat the
grounds for the initial adjustment request. Appeals to the storm water
commission shall be submitted within 30 calendar days after date of
mailing of the Village engineers' decision. Failure to timely and
properly appeal shall deprive the customer of having the stormwater
commission hear the appeal and/or have further action by the Zoning
Board of Appeals.
h.
The stormwater commission will review and reply in writing to appeals
no later than 30 days after receiving the customer's appeal in writing.
i.
If the appeal is not satisfied at the Village engineers' review or
the storm water commission review, then the appeal should formally
go before the Zoning Board of Appeals. The appellant must issue a
letter to the deputy director of planning to schedule a hearing before
the Zoning Board of Appeals. A written notice of hearing shall be
mailed to the appellant not less than 20 days prior to the actual
hearing. The Zoning Board of Appeals shall take evidence at any hearing
on appeal which may consist of some or all of the following: sworn
testimony and documentary evidence, including but not limited to,
learned treatises, public records and other documents the Zoning Board
of Appeals desires both relevant and trustworthy. Following the hearing
the Zoning Board of Appeals shall mail to appellant, "findings of
fact and decision" within five business days following said hearing.
This notice shall contain the Zoning Board of Appeals' decision and
a short synopsis of the basis for that decision.
j.
Appeals of the Zoning Board of Appeals' decision be determined by
the procedures prescribed Wis. Stats. § 62.23(7)(e).
k.
If the result of any appeal or judicial review pursuant to Wis. Stats.
§ 62.23(7)(e) is that a refund is due, it will be payable
by the Village to appellant within 30 days of the written determination.
Any further resulting adjustment will appear on subsequent bills.
(2)
Alternative method to collect stormwater charges. In addition to
any other method for collection of the charges established under this
article or subsequent resolution, stormwater charges may and are hereby
authorized to be levied and imposed on property as a special charge
pursuant to Wis. Stats § 66.0627. The mailing of the bill
for storm water utility charges to a property owner shall serve as
notice to the property owner that failure to pay the charges when
due may result in the charges being imposed pursuant to the authority
of Wis. Stats. § 66.0627. The procedures contained therein
shall govern such notice and further collection procedures.
(3)
Budget excess revenues. Stormwater finances shall be accounted for
in a separate storm water fund. The stormwater commission shall prepare
an annual budget, which shall include all maintenance costs, debt
service and other costs related to the operational activities of the
stormwater commission. The budget is subject to approval by the Village
Board. The costs shall be spread over the rate classifications as
determined by the Village Board. Any excess of revenues over expenditures
in a year will be retained by the fund for subsequent years' needs.
(4)
Penalty. A person convicted in the Village municipal court (or other
municipal court) or the circuit courts of the State of Wisconsin,
of violating any provision of this article shall, upon conviction,
pay forfeiture not less than $50 and not more than $1,000 for each
offense, plus costs and assessments. Each day a violation exists shall
constitute a separate offense.
[Added 2-28-2022 by Ord. No. 08-2022]
(a)
Authority.
(1)
This section is adopted by the Village of Mt. Pleasant under the
authority granted by Wis. Stats. § 61.354. This section
supersedes all provisions of an ordinance previously enacted under
Wis. Stats. § 61.35, that relate to storm water management
regulations. Except as otherwise specified in Wis. Stats. § 61.354,
Wis. Stats. § 61.35 applies to this section and to any amendments
to this section.
(2)
The provisions of this section are deemed not to limit any other
lawful regulatory powers of the same governing body.
(3)
The Village Board of trustees hereby designates the Village of Mt.
Pleasant to administer and enforce the provisions of this section.
(4)
The requirements of this section do not preempt more stringent storm
water management requirements that may be imposed by any of the following:
a.
Wisconsin Department of Natural Resources administrative rules, permits
or approvals including those authorized under Wis. Stats. §§ 281.16
and 283.33.
b.
Targeted nonagricultural performance standards promulgated in rules
by the Wisconsin Department of Natural Resources under Wis. Admin.
Code § NR 151.004.
c.
Village of Mt. Pleasant approved or adopted storm water management
plans for specific areas or watersheds.
(b)
Findings of fact. The Village Board of trustees finds that uncontrolled,
post-construction runoff has a significant impact upon water resources
and the health, safety and general welfare of the community and diminishes
the public enjoyment and use of natural resources. Specifically, uncontrolled
post-construction runoff can:
(1)
Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
(2)
Diminish the capacity of lakes and streams to support fish, aquatic
life, recreational and water supply uses by increasing pollutant loading
of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
(3)
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads.
(4)
Reduce the quality of groundwater by increasing pollutant loading.
(5)
Threaten public health, safety, property and general welfare by overtaxing
storm sewers, drainage ways, and other minor drainage facilities.
(c)
Purpose and intent.
(1)
Purpose. The general purpose of this section is to establish long-term,
post-construction runoff management requirements that will diminish
the threats to public health, safety, welfare and the aquatic environment.
Specific purposes are to:
a.
Further the maintenance of safe and healthful conditions.
b.
Prevent and control the adverse effects of storm water; prevent and
control soil erosion; prevent and control water pollution; protect
spawning grounds, fish and aquatic life; control building sites, placement
of structures and land uses; preserve ground cover and scenic beauty;
and promote sound economic growth.
c.
Control exceedance of the safe capacity of existing drainage facilities
and receiving water bodies; prevent undue channel erosion; control
increases in the scouring and transportation of particulate matter.
d.
Minimize the amount of pollutants discharged from the separate storm
sewer to protect the waters of the state.
(2)
Intent. It is the intent of the Village Board of Trustees that this
section regulates post-construction storm water discharges to waters
of the state. This section may be applied on a site-by-site basis.
The Village Board of trustees recognizes, however, that the preferred
method of achieving the storm water performance standards set forth
in this section is through the preparation and implementation of comprehensive,
systems-level storm water management plans that cover hydrologic units,
such as watersheds, on a municipal and regional scale. Such plans
may prescribe regional storm water devices, practices or systems,
any of which may be designed to treat runoff from more than one site
prior to discharge to waters of the state. Where such plans are in
conformance with the performance standards developed under Wis. Stats.
§ 281.16, for regional storm water management measures and
have been approved by the Village Board of trustees, it is the intent
of this section that the approved plan be used to identify post-construction
management measures acceptable for the community.
(d)
Applicability and jurisdiction.
(1)
Applicability.
a.
Except as provided under Subsection (b), this ordinance applies to a post-construction site whereupon one acre or more of land disturbing construction activity occurs during construction.
b.
A site that meets any of the criteria in this paragraph is exempt
from the requirements of this ordinance:
1.
A post-construction site with less than 10% connected imperviousness,
based on the area of land disturbance, provided the cumulative area
of all impervious surfaces is less than one acre. However, the exemption
of this paragraph does not include exemption from the protective area
standard of this ordinance.
2.
Agricultural facilities and practices.
3.
Underground utility construction, but not including the construction
of any above ground structures associated with utility construction.
c.
Notwithstanding the applicability requirements in Subsection (d)(1)a,
this section applies to post-construction sites of any size that,
in the opinion of the Village of Mt. Pleasant, are likely to result
in runoff that exceeds the safe capacity of the existing drainage
facilities or receiving body of water, that causes undue channel erosion,
that increases water pollution by scouring or the transportation of
particulate matter.
(2)
Jurisdiction. This section applies to post-construction sites within
the boundaries and jurisdiction of the Village of Mt. Pleasant.
(3)
Exclusions. This section is not applicable to activities conducted
by a state agency, as defined under Wis. Stats. § 227.01(1).
(e)
Definitions.
(1)
ADEQUATE SOD, OR SELF-SUSTAINING VEGETATIVE COVER — Maintenance
of sufficient vegetation types and densities such that the physical
integrity of the streambank or lakeshore is preserved. Self-sustaining
vegetative cover includes grasses, forbs, sedges and duff layers of
fallen leaves and woody debris.
(2)
ADMINISTERING AUTHORITY — A governmental employee, or a regional
planning commission empowered under Wis. Stats. § 61.354,
that is designated by the Village Board of trustees to administer
this section.
(3)
AGRICULTURAL FACILITIES AND PRACTICES — Has the meaning given
in Wis. Stats. § 281.16.
(4)
ATLAS 14 — The National Oceanic and Atmospheric Administration
(NOAA) Atlas 14 Precipitation-Frequency Atlas of the United States,
Volume 8 (Midwestern States), published in 2013.
(5)
AVERAGE ANNUAL RAINFALL — A typical calendar year of precipitation
as determined by the Wisconsin Department of Natural Resources for
users of models such as WinSLAMM, P8 or equivalent methodology. The
average annual rainfall is chosen from a department publication for
the location closest to the municipality.
(6)
BEST MANAGEMENT PRACTICE or BMP — Structural or nonstructural
measures, practices, techniques or devices employed to avoid or minimize
sediment or pollutants carried in runoff to waters of the state.
(7)
BUSINESS DAY — A day the offices of the Village hall is routinely
and customarily open for business.
(8)
CEASE AND DESIST ORDER — A court-issued order to halt land
disturbing construction activity that is being conducted without the
required permit or in violation of a permit issued by the administering
authority.
(9)
COMBINED SEWER SYSTEM — A system for conveying both sanitary
sewage and storm water runoff.
(10)
CONNECTED IMPERVIOUSNESS — An impervious surface connected
to the waters of the state via a separate storm sewer, an impervious
flow path, or a minimally previous flow path.
(11)
DESIGN STORM — A hypothetical discrete rainstorm characterized
by a specific duration, temporal distribution, rainfall intensity,
return frequency, and total depth of rainfall.
(12)
DEVELOPMENT — Residential, commercial, industrial or institutional
land uses and associated roads.
(13)
DIRECT CONDUITS TO GROUNDWATER — Wells, sinkholes, swallets,
fractured bedrock at the surface, mine shafts, non-metallic mines,
tile inlets discharging to groundwater, quarries, or depressional
groundwater recharge areas over shallow fractured bedrock.
(14)
EFFECTIVE INFILTRATION AREA — 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.
(15)
EROSION — The process by which the land's surface is worn
away by the action of the wind, water, ice or gravity.
(16)
EXCEPTIONAL RESOURCE WATERS — Waters listed in Wis. Admin.
Code § NR 102.11.
(17)
FILTERING LAYER — Soil that has at least a three-foot
deep layer with at least 20% fines; or at least a five-foot deep layer
with at least 10% fines; or an engineered soil with an equivalent
level of protection as determined by the regulatory authority for
the site.
(18)
FINAL STABILIZATION — That 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.
(19)
FINANCIAL GUARANTEE — A performance bond, maintenance
bond, surety bond, irrevocable letter of credit, or similar guarantees
submitted to the Village of Mt. Pleasant by the responsible party
to assure that requirements of the ordinance are carried out in compliance
with the storm water management plan.
(20)
GOVERNING BODY — The Village Board of trustees.
(21)
IMPERVIOUS SURFACE — 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, gravel or paved parking
lots and streets are examples of areas that typically are impervious.
(22)
IN-FILL — An undeveloped area of land located within an
existing urban sewer service area, surrounded by development or development
and natural or man-made features where development cannot occur.
(23)
INFILTRATION — The entry of precipitation or runoff into
or through the soil.
(24)
INFILTRATION SYSTEM — A device or practice such as a basin,
trench, rain garden or swale designed specifically to encourage infiltration,
but does not include natural infiltration in pervious surfaces such
as lawns, redirecting of rooftop downspouts onto lawns or minimal
infiltration from practices, such as swales or road side channels
designed for conveyance and pollutant removal only.
(25)
LAND DISTURBING CONSTRUCTION ACTIVITY — 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 activity includes
clearing and grubbing, demolition, excavating, pit trench dewatering,
filling and grading activities.
(26)
LANDOWNER — Any person holding fee title, an easement
or other interest in property, which allows the person to undertake
cropping, livestock management, land disturbing construction activity
or maintenance of storm water BMPs on the property.
(27)
MAINTENANCE AGREEMENT — A legal document that provides
for long-term maintenance of storm water management practices.
(28)
MAXIMUM EXTENT PRACTICABLE — The highest level of performance
that is achievable but is not equivalent to a performance standard
identified in this ordinance as determined in accordance with Subsection
(em) of this ordinance.
(29)
NEW DEVELOPMENT — Development resulting from the conversion
of previously undeveloped land or agricultural land uses.
(30)
NRCS MSE3 or MSE4 DISTRIBUTION — A specific precipitation
distribution developed by the United States Department of Agriculture,
Natural Resources Conservation Service, using precipitation data from
Atlas 14.
(31)
OFF-SITE — Located outside the property boundary described
in the permit application.
(32)
ON-SITE — Located within the property boundary described
in the permit application.
(33)
ORDINARY HIGH-WATER MARK — Has the meaning given in Wis.
Admin. Code § NR 115.03(6).
(34)
OUTSTANDING RESOURCE WATERS — Waters listed in Wis. Admin.
Code § NR 102.10.
(35)
PERCENT FINES — The percentage of a give sample of soil,
which passes through a # 200 sieve.
(36)
PERFORMANCE STANDARD — A narrative or measurable number
specifying the minimum acceptable outcome for a facility or practice.
(37)
PERMIT — A written authorization made by the Village of
Mt. Pleasant to the applicant to conduct land disturbing construction
activity or to discharge post-construction runoff to waters of the
state.
(38)
PERMIT ADMINISTRATION FEE — A sum of money paid to the
Village of Mt. Pleasant by the permit applicant for the purpose of
recouping the expenses incurred by the authority in administering
the permit.
(39)
PERVIOUS SURFACE — An area that releases as runoff a small
portion of the precipitation that falls on it. Lawns, gardens, parks,
forests or other similar vegetated areas are examples of surfaces
that typically are pervious.
(40)
POLLUTANT — Has the meaning given in Wis. Stats. § 283.01(13).
(41)
POLLUTION — Has the meaning given in Wis. Stats. § 281.01(10).
(42)
POST-CONSTRUCTION SITE — A construction site following
the completion of land disturbing construction activity and final
site stabilization.
(43)
PRE-DEVELOPMENT CONDITION — The extent and distribution
of land cover types present before the initiation of land disturbing
construction activity, assuming that all land uses prior to development
activity are managed in an environmentally sound manner.
(44)
PREVENTATIVE ACTION LIMIT — Has the meaning given in Wis.
Admin. Code § NR 140.05(17).
(45)
PROTECTIVE AREA — 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.
(46)
REDEVELOPMENT — Areas where development is replacing older
development.
(47)
RESPONSIBLE PARTY — The landowner or any other entity
performing services to meet the requirements of this ordinance through
a contract or other agreement.
(48)
RUNOFF — Storm water or precipitation including rain,
snow or ice melt or similar water that moves on the land surface via
sheet or channelized flow.
(49)
SEPARATE STORM SEWER — A conveyance or system of conveyances
including roads with drainage systems, streets, catch basins, curbs,
gutter, ditches, constructed channels or storm drains, which meets
all of the following criteria:
(50)
SILVICULTURE ACTIVITY — Activities including tree nursery
operations, tree harvesting operations, reforestation, tree thinning,
prescribed burning, and pest and fire control. Clearing and grubbing
of an area of a construction site is not a silviculture activity.
(51)
SITE — The entire area included in the legal description
of the land on which the land disturbing construction activity occurred.
(52)
STOP WORK ORDER — An order issued by the Village of Mt.
Pleasant which requires that all construction activity on the site
be stopped.
(53)
STORM WATER MANAGEMENT PLAN — A comprehensive plan designed
to reduce the discharge of pollutants from storm water, after the
site has under gone final stabilization, following completion of the
construction activity.
(54)
STORM WATER MANAGEMENT SYSTEM PLAN — Is a comprehensive
plan designed to reduce the discharge of runoff and pollutants from
hydrologic units on a regional or municipal scale.
(55)
TECHNICAL STANDARD — A document that specifies design,
predicted performance and operation and maintenance specifications
for a material, device or method.
(56)
TOP OF THE CHANNEL — An edge, or point on the landscape,
landward from the ordinary high-water mark of a surface water of the
state, where the slope of the land begins to be less than 12% continually
for at least 50 feet. If the slope of the land is 12% or less continually
for the initial 50 feet, landward from the ordinary high-water mark,
the top of the channel is the ordinary high-water mark.
(57)
TOTAL MAXIMUM DAILY LOAD or TMDL — The amount of pollutants
specified as a function of one or more water quality parameters, that
can be discharged per day into a water quality limited segment and
still ensure attainment of the applicable water quality standard.
(58)
TP-40 — Technical Paper No. 40, Rainfall Frequency Atlas
of the United States, published in 1961.
(59)
TR-55 — The United States Department of Agriculture, Natural
Resources Conservation Service (previously Soil Conservation Service),
Urban Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986, which is incorporated by reference for this chapter.
(60)
TRANSPORTATION FACILITY — A highway, a railroad, a public
mass transit facility, a public-use airport, a public trail or any
other public work for transportation purposes such as harbor improvements
under s. 85.095 (1)(b), Wis. Stats. "Transportation facility" does
not include building sites for the construction of public buildings
and buildings that are places of employment that are regulated by
the Department pursuant to s. 281.33, Wis. Stats.
(61)
TSS — Total suspended solids.
(62)
TYPE II DISTRIBUTION — A rainfall type curve as established
in the "United States Department of Agriculture, Soil Conservation
Service, Technical Paper 149, published 1973".
(63)
WATERS OF THE STATE — Includes 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.
(em)
Applicability of maximum extent practicable. Maximum
extent practicable applies when a person who is subject to a performance
standard of this ordinance demonstrates to the [administering authority]'s
satisfaction that a performance standard is not achievable and that
a lower level of performance is appropriate. In making the assertion
that a performance standard is not achievable and that a level of
performance different from the performance standard is the maximum
extent practicable, the responsible party shall take into account
the best available technology, cost effectiveness, geographic features,
and other competing interests such as protection of public safety
and welfare, protection of endangered and threatened resources, and
preservation of historic properties.
(f)
Technical standards. The following methods shall be used in designing
the water quality, peak discharge, and infiltration components of
storm water practices needed to meet the water quality standards of
this ordinance:
(1)
Technical standards identified, developed or disseminated by the
Wisconsin Department of Natural Resources under Wis. Admin. Code Ch.
NR 151, Subch. V.
(2)
Where technical standards have not been identified or developed by
the Wisconsin Department of Natural Resources, other technical standards
may be used provided that the methods have been approved by the Village
of Mt. Pleasant.
(3)
Technical engineering standards administered and/or approved by the
Village of Mt. Pleasant.
(4)
Technical standards described in "The Wisconsin Storm Water Manual,"
WDNR for Wet Detention Basins.
(5)
In this section, the following year and location has been selected
as average annual rainfall: Milwaukee 1969 (Mar. 28 — Dec. 6).
(g)
Performance standards.
(1)
Responsible party. The responsible party shall comply with this section.
(2)
Storm Water Management Plan. A written storm water management plan
in accordance with Subsection (i) shall be developed and implemented
for each post-construction site.
(3)
Maintenance of effort. For redevelopment sites where the redevelopment
will be replacing older development that was subject to post-construction
performance standards of NR 151 in effect on or after October 1, 2004,
the responsible party shall meet the total suspended solids reduction,
peak flow control, infiltration, and protective areas standards applicable
to the older development or meet the redevelopment standards of this
ordinance, whichever is more stringent.
(4)
Requirements. The storm water management plan required under Subsection
(g)(2) shall include the following:
a.
Total suspended solids. BMPs shall be designed, installed and maintained
to control total suspended solids carried in runoff from the post-construction
site as follows:
1.
BMPs shall be designed in accordance with Table 1 or to the
maximum extent practicable as provided in Subsection (g)(4)a2. The
design shall be based on an average annual rainfall, as compared to
no runoff management controls.
|
Table 1. TSS Reduction Standards
| |
|---|---|
|
Development Type
|
TSS Reduction
|
|
New Development
|
80%
|
|
In-fill development
|
80%
|
|
Redevelopment
|
40% of load from parking areas and roads
|
2.
Maximum extent practicable. If the design cannot meet a total
suspended solids reduction performance standard of Table 1, the storm
water management plan shall include a written, site-specific explanation
of why the total suspended solids reduction performance standard cannot
be met and why the total suspended solids load will be reduced only
to the maximum extent practicable.
3.
Off-site drainage. When designing BMPs, runoff draining to the
BMP from off-site shall be taken into account in determining the treatment
efficiency of the practice. Any impact on the efficiency shall be
compensated for by increasing the size of the BMP accordingly.
b.
Peak discharge.
1.
By design, BMP's for all areas outside of the Des Plaines River
Watershed shall be employed to maintain or reduce the one-year, twenty-four-hour;
and the two-year, twenty-four-hour post-construction peak runoff discharge
rates to the one-year, twenty-four-hour; and the two-year, twenty-four-hour
pre-development peak runoff discharge rates respectively and shall
be employed to reduce the 100-year, twenty-four-hour, post-construction
runoff rate to the ten-year, twenty-four-hour, pre-development runoff
rate, or to the maximum extent practicable. Storm water management
practices within the Des Plaines River Watershed shall be employed
to reduce the 100-year, twenty-four-hour, post-construction rate to
0.3 cfs per acre. The post-construction two-year, twenty-four-hour,
rate shall be reduced to 0.04 cfs per acre. The runoff curve numbers
in Table 2 shall be used to represent the actual pre-development conditions.
Peak discharges shall be calculated using TR-55 runoff curve number
methodology, Atlas 14 precipitation depths, and the appropriate NRCS
Wisconsin MSE3 or MSE4 precipitation distribution. On a case-by-case
basis, the [administering authority] may allow the use of TP-40 precipitation
depths and the Type II distribution
|
Table 2. Maximum Pre-Development Runoff Curve Numbers
| ||||
|---|---|---|---|---|
|
Hydrologic Soil Group
| ||||
|
Runoff Curve Number
|
A
|
B
|
C
|
D
|
|
Woodland
|
30
|
55
|
70
|
77
|
|
Grassland
|
39
|
61
|
71
|
78
|
|
Cropland
|
55
|
69
|
78
|
83
|
2.
By design, storm water management practices shall be employed
to meet peak discharge requirements of Village adopted storm water
management plans for specific areas or watersheds where applicable.
3.
This Subsection (g)(3)b does not apply to any of the following:
[a]
A post-construction site where the discharge is directly into
a lake over 5,000 acres or a stream or river segment draining more
than 500 square miles.
[b]
Except as provided in (g)(3), a redevelopment post-construction
site, if the impervious surface area of the redevelopment is not increased
from existing conditions.
[c]
An in-fill development area less than five acres, unless determined
otherwise by the Village per Subsection (d)(1)c.
c.
Infiltration.
1.
Best management practices. BMPs shall be designed, installed,
and maintained to infiltrate runoff in accordance with the following
or to the maximum extent practicable:
[a]
Low imperviousness. For development up to 40% connected imperviousness,
such as parks, cemeteries, and low density residential development,
infiltrate sufficient runoff volume so that the post-development infiltration
volume shall be at least 90% of the pre-development infiltration volume,
based on an average annual rainfall. However, when designing appropriate
infiltration systems to meet this requirement, no more than 1% of
the post-construction site is required as an effective infiltration
area.
[b]
Moderate imperviousness. For development with more than 40%
and up to 80% connected imperviousness, such as medium and high density
residential, multi-family development, industrial and institutional
development, and office parks, infiltrate sufficient runoff volume
so that the post-development infiltration volume shall be at least
75% of the pre-development infiltration volume, based on an average
annual rainfall. However, when designing appropriate infiltration
systems to meet this requirement, no more than 2% of the post-construction
site is required as an effective infiltration area.
[c]
High imperviousness. For development with more than 80% connected
imperviousness, such as commercial strip malls, shopping centers,
and commercial downtowns, infiltrate sufficient runoff volume so that
the post-development infiltration volume shall be at least 60% of
the predevelopment infiltration volume, based on an average annual
rainfall. However, when designing appropriate infiltration systems
to meet this requirement, no more than 2% of the post-construction
site is required as an effective infiltration area.
2.
Pre-development. The pre-development condition shall be the
same as specified in Table 2 of the Peak Discharge section of this
ordinance.
3.
Source areas.
[a]
Prohibitions. Runoff from the following areas may not be infiltrated
and may not qualify as contributing to meeting the requirements of
this section unless demonstrated to meet the conditions identified
in Subsection (g)(4)(c)6:
[i]
Areas associated with a tier one industrial facility
identified in s. NR 216.21 (2)(a), including storage, loading and
parking. Rooftops may be infiltrated with the concurrence of the regulatory
authority.
[ii]
Storage and loading areas of a tier 2 industrial
facility identified in s. NR 216.21 (2)(b).
[iii]
Fueling and vehicle maintenance areas. Runoff
from rooftops of fueling and vehicle maintenance areas may be infiltrated
with the concurrence of the regulatory authority.
[b]
Exemptions. Runoff from the following areas may be credited
toward meeting the requirement when infiltrated, but the decision
to infiltrate runoff from these source areas is optional:
[i]
Parking areas and access roads less than 5,000
square feet for commercial development.
[ii]
Parking areas and access roads less than 5,000
square feet for industrial development not subject to the Prohibitions
under par a.
[iii]
Except as provided under Subsection (g)(3), redevelopment
post-construction sites.
[iv]
In-fill development areas less than five acres.
[v]
Roads on commercial, industrial and institutional
land uses, and arterial residential roads.
4.
Location of practices.
[a]
Prohibitions. Infiltration practices may not be located in the
following areas:
[i]
Areas within 1,000 feet upgradient or within 100
feet downgradient of direct conduits to groundwater.
[ii]
Areas within 400 feet of a community water system
well as specified in s. NR 811.16(4) or within the separation distances
listed in s. NR 812.08 for any private well or noncommunity well for
runoff infiltrated from commercial, including multi-family residential,
industrial and institutional land uses or regional devices for one-
and two-family residential development.
[iii]
Areas where contaminants of concern, as defined
in s. NR 720.03(2), are present in the soil through which infiltration
will occur.
[b]
Separation distances.
[i]
Infiltration practices shall be located so that
the characteristics of the soil and the separation distance between
the bottom of the infiltration system and the elevation of seasonal
high groundwater or the top of bedrock are in accordance with Table
3:
|
Table 3. Separation Distances and Soil Characteristics
| ||
|---|---|---|
|
Source Area
|
Separation Distance
|
Soil Characteristics
|
|
Industrial, Commercial, Institutional Parking Lots and Roads
|
5 feet or more
|
Filtering Layer
|
|
Residential Arterial Roads
|
5 feet or more
|
Filtering Layer
|
|
Roofs Draining to Subsurface Infiltration Practices
|
1 foot or more
|
Native or Engineered Soil with Particles Finer than Coarse Sand
|
|
Roofs Draining to Surface Infiltration Practices
|
Not Applicable
|
Not Applicable
|
|
All Other Impervious Source Areas
|
3 feet or more
|
Filtering Layer
|
[ii]
Notwithstanding Subsection (g)(4)c4[b], applicable
requirements for injection wells classified under Ch. NR 815 shall
be followed.
[iii]
Infiltration rate exemptions. Infiltration practices
located in the following areas may be credited toward meeting the
requirements under the following conditions, but the decision to infiltrate
under these conditions is optional:
[A]
Where the infiltration rate of the soil measured
at the proposed bottom of the infiltration system is less than 0.6
inches per hour using a scientifically credible field test method.
[B]
Where the least permeable soil horizon to five
feet below the proposed bottom of the infiltration system using the
U.S. Department of Agriculture method of soils analysis is one of
the following: sandy clay loam, clay loam, silty clay loam, sandy
clay, silty clay, or clay.
5.
Alternate use. Where alternate uses of runoff are employed,
such as for toilet flushing, laundry, or irrigation or storage on
green roofs where an equivalent portion of the runoff is captured
permanently by rooftop vegetation, such alternate use shall be given
equal credit toward the infiltration volume required by this section.
6.
Groundwater standards.
[a]
Infiltration systems designed in accordance with 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 in accordance with Ch. NR 140. However, if site specific
information indicates that compliance with a preventive action limit
is not achievable, the infiltration BMP may not be installed or shall
be modified to prevent infiltration to the maximum extent practicable.
[b]
Notwithstanding Subsection (g)(4)c6[a], the discharge from BMPs
shall remain below the enforcement standard at the point of standards
application.
7.
Pretreatment. Before infiltrating runoff, pretreatment shall
be required for parking lot runoff and for runoff from new road construction
in commercial, industrial and institutional areas that will enter
an infiltration system. The pretreatment shall be designed to protect
the infiltration system from clogging prior to scheduled maintenance
and to protect groundwater quality in accordance with Subsection (g)(4)c6.
Pretreatment options may include, but are not limited to, oil and
grease separation, sedimentation, biofiltration, filtration, swales
or filter strips.
8.
Maximum Extent Practicable. Where the conditions of Subsection
(g)(4)c3 and 4 limit or restrict the use of infiltration practices,
the performance standard of Subsection (g)(4)c shall be met to the
maximum extent practicable.
d.
Protective areas. The following are minimum standards for protective
areas; however, the Village may impose greater limits based on site
specific information:
1.
Definition. In 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. However, in this section, "protective area" does
not include any area of land adjacent to any stream enclosed within
a pipe or culvert, so that runoff cannot enter the enclosure at this
location.
[a]
For outstanding resource waters and exceptional resource waters,
75 feet.
[b]
For perennial and intermittent streams identified on a U.S.
Geological Survey 7.5-minute series topographic map, or a county soil
survey map, whichever is more current, 50 feet.
[c]
For lakes, 50 feet.
[d]
For wetlands not subject to Subsection (g)(4)d1[e] or [f], 50
feet.
[e]
For highly susceptible wetlands, 75 feet. Highly susceptible
wetlands include the following types: calcareous fens, sedge meadows,
open and coniferous bogs, low prairies, coniferous swamps, lowland
hardwood swamps, and ephemeral ponds.
[f]
For less susceptible wetlands, 10% of the average wetland width,
but no less than 10 feet nor more than 30 feet. Less susceptible wetlands
include: degraded wetland dominated by invasive species such as reed
canary grass; cultivated hydric soils; and any gravel pits, or dredged
material or fill material disposal sites that take on the attributes
of a wetland.
[g]
In Subsection (g)(4)d1[d] to [f], determinations of the extent
of the protective area adjacent to wetlands shall be made on the basis
of the sensitivity and runoff susceptibility of the wetland in accordance
with the standards and criteria in s. NR 103.03.
[h]
Wetland boundary delineation shall be made in accordance with
s. NR 103.08 (1m). This paragraph does not apply to wetlands that
have been completely filled in compliance with all applicable state
and federal regulations. The protective area for wetlands that have
been partially filled in compliance with all applicable state and
federal regulations shall be measured from the wetland boundary delineation
after a fill has been placed. Where there is a legally authorized
wetland fill, the protective area standard need not be met in that
location.
[i]
For concentrated flow channels with drainage areas greater than
130 acres, 10 feet.
[j]
Notwithstanding Subsection (g)(4)d1[a] to [i], the greatest
protective area width shall apply where rivers, streams, lakes and
wetlands are contiguous.
2.
Applicability. This section applies to post-construction sites
located within a protective area, except those areas exempted pursuant
to Subsection (g)(4)d4.
3.
Requirements. The following requirements shall be met:
[a]
Impervious surfaces shall be kept out of the protective area
entirely or to the maximum extent practicable. If there is no practical
alternative to locating an impervious surface in the protective area,
the storm water management plan shall contain a written, site-specific
explanation.
[b]
Where land disturbing construction activity occurs within a
protective area, adequate sod or self-sustaining vegetative cover
of 70% or greater shall be established and maintained where no impervious
surface is present. The adequate sod or self-sustaining vegetative
cover shall be sufficient to provide for bank stability, maintenance
of fish habitat, and filtering of pollutants from upslope overland
flow areas under sheet flow conditions. Non-vegetative materials,
such as rock riprap, may be employed on the bank as necessary to prevent
erosion such as on steep slopes or where high velocity flows occur.
[c]
BMPs such as filter strips, swales, or wet detention ponds,
that are designed to control pollutants from non-point sources, may
be located in the protective area.
4.
Exemptions. This section does not apply to any of the following:
[a]
Except as provided under sec. (g)(3), redevelopment post-construction
sites.
[b]
In-fill development areas less than five acres.
[c]
Structures that cross or access surface water such as boat landings,
bridges, and culverts.
[d]
Structures constructed in accordance with s. 59.692 (1v), Stats.
[e]
Areas of post-construction sites from which the runoff does
not enter the surface water, including wetlands, without first being
treated by a BMP to meet the local ordinance requirements for total
suspended solids and peak flow reduction, except to the extent that
vegetative ground cover is necessary to maintain bank stability.
e.
Fueling and vehicle maintenance areas. Fueling and vehicle maintenance
areas shall have BMPs designed, installed, and maintained to reduce
petroleum within runoff, so that the runoff that enters waters of
the state contains no visible petroleum sheen, or to the maximum extent
practicable.
f.
Swale treatment for transportation facilities.
1.
Requirement. Except as provided in Subsection (g)(4)f2, transportation
facilities that use swales for runoff conveyance and pollutant removal
are exempt from the requirements of local ordinance requirements for
peak flow control, total suspended solids control, and infiltration,
if the swales are designed to do all of the following or to the maximum
extent practicable:
[a]
Swales shall be vegetated. However, where appropriate, non-vegetative
measures may be employed to prevent erosion or provide for runoff
treatment, such as rock riprap stabilization or check dams.
[b]
Swales shall comply with Sections V.F. (Velocity and Depth)
and V.G. (Sale Geometry Criteria) with a swale treatment length as
long as that specified in Section V.C. (Pre-Treatment) of the Wisconsin
Department of Natural Resources technical standard 1005 "Vegetated
Infiltration Swales", dated May 2007, or a superseding document. Transportation
facility swale treatment does not have to comply with other sections
of technical standard 1005.
2.
Other requirements.
[a]
Notwithstanding Subsection (g)(4)f1, the administering authority
may, consistent with water quality standards, require that other requirements,
in addition to swale treatment, be met on a transportation facility
with an average daily traffic rate greater than 2,500 and where the
initial surface water of the state that the runoff directly enters
is one of the following:
[i]
An outstanding resource water.
[ii]
An exceptional resource water.
[iii]
Waters listed in Section 303 (d) of the Federal
Clean Water Act that are identified as impaired in whole or in part,
due to non-point source impacts.
[iv]
Water where targeted performance standards are
developed pursuant to s. NR 151.004, Wis. Adm. Code.
[b]
The transportation facility authority shall contact the administering
authority to determine if additional BMPs beyond a water quality swale
are needed under this subsection.
g.
Storm sewers and culverts.
(5)
General considerations for storm water management measures. The following
considerations shall be observed in on-site and off-site runoff management:
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 storm water facilities shall be provided
to prevent exceeding the safe capacity of downstream drainage facilities
and prevent endangerment of downstream property or public safety.
(6)
BMP Location.
a.
To comply with the performance standards required under sec. (g)
of this ordinance, BMPs may be located on-site or off-site as part
of a regional storm water device, practice or system, but shall be
installed in accordance with s. NR 151.003, Wis. Adm. Code.
b.
The administering authority may approve off-site management measures
provided that all of the following conditions are met:
1.
The administrating authority determines that the post-construction
runoff is covered by a storm water management system plan that is
approved by the Village of Mt. Pleasant and that contains management
requirements consistent with the purpose and intent of this ordinance.
2.
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 storm water control equal to or greater than that which would be
afforded by on-site practices meeting the performance standards of
this ordinance.
[c]
The facility has a legally obligated entity responsible for
its long-term operation and maintenance.
c.
Where a regional treatment option exists such that the administering
authority exempts the applicant from all or part of the minimum on-site
storm water management requirements, the applicant shall be required
to pay a fee in an amount determined in negotiation with the administering
authority. In determining the fee for post-construction runoff, the
administering authority shall consider an equitable distribution of
the cost for land, engineering design, construction, and maintenance
of the regional treatment option.
(7)
Additional Requirements. The administering authority may establish
storm water management requirements more stringent than those set
forth in this ordinance if the administering authority determines
that the requirements are needed to control storm water quantity or
control flooding, comply with federally approved total maximum daily
load requirements, or control pollutants associated with existing
development or redevelopment.
(h)
Permitting requirements, procedures and fees.
(1)
Permit required. No responsible party may undertake a land disturbing
construction activity without receiving a post-construction runoff
permit from the Village of Mt. Pleasant prior to commencing the proposed
activity.
(2)
Permit application and fees. Unless specifically excluded by this
section, any responsible party desiring a permit shall submit to the
Village of Mt. Pleasant a permit application made on a form provided
by the Village of Mt. Pleasant for that purpose.
a.
Unless otherwise excepted by this section, a permit application must
be accompanied by a storm water management plan, a maintenance agreement
and a nonrefundable permit administration fee.
b.
The storm water management plan shall be prepared to meet the requirements of Subsections (g) and (i), the maintenance agreement shall be prepared to meet the requirements of Subsection (j), the financial guarantee shall meet the requirements of Subsection (k), and fees shall be those established by the Village of Mt. Pleasant as set forth in Subsection (1).
(3)
Review and approval of permit application. The Village of Mt. Pleasant
shall review any permit application that is submitted with a storm
water management plan, maintenance agreement, and the required fee.
The following approval procedure shall be used:
a.
Within 20 business days of the receipt of a complete permit application,
including all items as required by Subsection (h)(2), above, the Village
of Mt. Pleasant shall inform the applicant whether the application,
plan and maintenance agreement are approved or disapproved based on
the requirements of this section.
b.
If the storm water permit application, plan and maintenance agreement
are approved, or if an agreed upon payment of fees in lieu of storm
water management practices is made, the Village of Mt. Pleasant shall
issue the permit.
c.
If the storm water permit application, plan or maintenance agreement
is disapproved, the Village of Mt. Pleasant shall detail in writing
the reasons for disapproval.
d.
The Village of Mt. Pleasant may request additional information from
the applicant. If additional information is submitted, the Village
of Mt. Pleasant shall have 20 business days from the date the additional
information is received to inform the applicant that the plan and
maintenance agreement are either approved or disapproved.
e.
Failure by the Village of Mt. Pleasant to inform the permit applicant
of a decision within 30 business days of a required submittal shall
be deemed to mean approval of the submittal and the applicant may
proceed as if a permit had been issued.
(4)
Permit requirements. All permits issued under this section shall
be subject to the following conditions, and holders of permits issued
under this section shall be deemed to have accepted these conditions.
The Village of Mt. Pleasant may suspend or revoke a permit for violation
of a permit condition, following written notification of the responsible
party. An action by the Village of Mt. Pleasant to suspend or revoke
this permit may be appealed in accordance with Subsection (n).
a.
Compliance with this permit does not relieve the responsible party
of the responsibility to comply with other applicable federal, state,
and local laws and regulations.
b.
The responsible party shall design and install all structural and
nonstructural storm water management measures in accordance with the
approved storm water management plan and this permit.
c.
The responsible party shall notify the Village of Mt. Pleasant at
least five business days before commencing any work in conjunction
with the storm water management plan, and within five business days
upon completion of the storm water management practices. If required
as a special condition under Subsection (h)(5) below, the responsible
party shall make additional notification according to a schedule set
forth by the Village of Mt. Pleasant so that practice installations
can be inspected during construction.
d.
Practice installations required as part of this section shall be
certified "as built" or "record" drawings by a licensed professional
engineer. Completed storm water management practices must pass a final
inspection by the Village of Mt. Pleasant or its designee to determine
if they are in accordance with the approved storm water management
plan and ordinance. The Village of Mt. Pleasant or its designee shall
notify the responsible party in writing of any changes required in
such practices to bring them into compliance with the conditions of
this permit.
e.
The responsible party shall notify the Village of Mt. Pleasant of
any significant modifications it intends to make to an approved storm
water management plan. The Village of Mt. Pleasant may require that
the proposed modifications be submitted for approval prior to incorporation
into the storm water management plan and execution by the responsible
party.
f.
The responsible party shall maintain all storm water management practices
in accordance with the storm water management plan until the practices
either become the responsibility of the Village of Mt. Pleasant, or
are transferred to subsequent private owners as specified in the approved
maintenance agreement.
g.
The responsible party authorizes the Village of Mt. Pleasant to perform any work or operations necessary to bring storm water management measures into conformance with the approved storm water management plan, and consents to a special assessment or charge against the property as authorized under Wis. Stats. Ch. 66, Subch. VII, or charge such costs against the financial guarantee posted under Subsection (k).
h.
If so directed by the Village of Mt. Pleasant, the responsible party
shall repair at the responsible party's own 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 storm water management plan.
i.
The responsible party shall permit property access to the Village
of Mt. Pleasant or its designee for the purpose of inspecting the
property for compliance with the approved storm water management plan
and this permit.
j.
Where site development or redevelopment involves changes in direction,
increases in peak rate and/or total volume of runoff from a site,
the Village of Mt. Pleasant 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 (m), if the responsible party fails to comply
with the terms of this permit.
(5)
Permit conditions. Permits issued under this subsection may include
conditions established by the Village of Mt. Pleasant in addition
to the requirements needed to meet the performance standards in Subsection
(g) or a financial guarantee as provided for in Subsection (k).
(6)
Permit duration. Permits issued under this section shall be valid
from the date of issuance through the date the Village of Mt. Pleasant
notifies the responsible party that all storm water management practices
have passed the final inspection required under Subsection (h)(4)d,
above.
(i)
Storm water management plan.
(1)
Plan requirements. The storm water management plan required under
Subsection (h)(2) shall contain at a minimum 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(s) responsible for installation of storm water management practices;
and person(s) responsible for maintenance of storm water management
practices prior to the transfer, if any, of maintenance responsibility
to another party.
b.
A proper legal description of the property proposed to be developed,
referenced to the U.S. Public Land Survey system or to block and lot
numbers within a recorded land subdivision plat.
c.
Predevelopment site conditions, including:
1.
One or more site maps at a scale of not less than one inch equals
100 feet. The site maps shall show the following: site location and
legal property description; predominant soil types and hydrologic
soil groups; existing cover type and condition; topographic contours
of the site at a scale not to exceed 100 feet; topography and drainage
network including enough of the contiguous properties to show runoff
patterns onto, through, and from the site; watercourses that may affect
or be affected by runoff from the site; flow path and direction for
all storm water conveyance sections; watershed boundaries used in
hydrology determinations to show compliance with performance standards;
lakes, streams, wetlands, channels, ditches, and other watercourses
on and immediately adjacent to the site; limits of the 100-year floodplain;
location of wells and wellhead protection areas covering the project
area and delineated pursuant to Wis. Admin. Code § NR 811.16.
2.
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(s).
d.
Post-development site conditions, including:
1.
Explanation of the provisions to preserve and use natural topography
and land cover features to minimize changes in peak flow runoff rates
and volumes to surface waters and wetlands.
2.
Explanation of any restrictions on storm water management measures
in the development area imposed by wellhead protection plans and ordinances.
3.
One or more site maps at a scale of not less than one inch equals
100 feet showing the following: post-construction pervious areas including
vegetative cover type and condition; impervious surfaces including
all buildings, structures, and pavement; post-construction topographic
contours of the site at a scale not to exceed 100 feet; post-construction
drainage network including enough of the contiguous properties to
show runoff patterns onto, through, and from the site; locations and
dimensions of drainage easements; locations of maintenance easements
specified in the maintenance agreement; flow path and direction for
all storm water conveyance sections; location and type of all storm
water management conveyance and treatment practices, including the
on-site and off-site tributary drainage area; 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; 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.
4.
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. The computations shall be made
for each discharge point in the development, and the geographic areas
used in making the calculations shall be clearly cross-referenced
to the required map(s).
5.
Results of investigations of soils and groundwater required
for the placement and design of storm water management measures. Detailed
drawings including cross-sections and profiles of all permanent storm
water conveyance and treatment practices.
e.
A description and installation schedule for the storm water management practices needed to meet the performance standards in Subsection (g).
f.
A maintenance plan developed for the life of each storm water management
practice including the required maintenance activities and maintenance
activity schedule.
g.
Cost estimates for the construction, operation, and maintenance of
each storm water management practice.
h.
Other information requested in writing by the Village of Mt. Pleasant
to determine compliance of the proposed storm water management measures
with the provisions of this section.
i.
All site investigations, plans, designs, computations, and drawings
shall be certified by a licensed Wisconsin professional engineer to
be prepared in accordance with accepted engineering practice and requirements
of this section.
(2)
Alternate requirements. The Village of Mt. Pleasant may prescribe
alternative submittal requirements for applicants seeking an exemption
to on-site storm water management performance standards under Subsection
(g)(5).
(j)
Maintenance agreement.
(1)
Filing of agreement. The maintenance agreement required under Subsection
(h)(2) for storm water management practices shall be an agreement
between the Village of Mt. Pleasant and the responsible party to provide
for maintenance of storm water practices beyond the duration period
of this permit. The maintenance agreement shall be filed with the
Racine County Register of Deeds as a property deed restriction so
that it is binding upon all subsequent owners of the land served by
the storm water management practices.
(2)
Agreement provisions. The maintenance agreement shall contain the
following information and provisions and be consistent with the maintenance
plan required by Subsection (i)(1)f.:
a.
Identification of the storm water facilities and designation of the
drainage area served by the facilities.
b.
A schedule for regular maintenance of each aspect of the storm water
management system consistent with the storm water management plan
required under Subsection (h)(2).
c.
Identification of the responsible party(s), organization or city,
county, or Village responsible for long term inspection and maintenance
of the storm water management practices identified in the storm water
management plan required under Subsection (h)(2).
d.
Requirement that the responsible party(s), organization or city,
county, or Village shall maintain storm water management practices
in accordance with the schedule included in Subsection (j)(2)b hereinabove.
e.
Authorization for the Village of Mt. Pleasant to access the property
to conduct inspections of storm water management practices as necessary
to ascertain that the practices are being maintained and operated
in accordance with the agreement.
f.
A requirement on the Village of Mt. Pleasant to maintain public records
of the results of the site inspections, to inform the responsible
party responsible for maintenance of the inspection results, and to
specifically indicate any corrective actions required to bring the
storm water management practice into proper working condition.
g.
Agreement that the party designated under Subsection (j)(2)c hereinabove,
as responsible for long term inspection and maintenance of the storm
water management practices, if notified by the Village of Mt. Pleasant
of maintenance problems which require correction, undertake corrective
within a reasonable time frame as set by the Village of Mt. Pleasant.
h.
Authorization of the Village of Mt. Pleasant to perform the corrected actions identified in the Village notification under Subsection (j)(2)f, hereinabove, if the responsible party designated under Subsection c, hereinabove, does not make the required corrections in the specified time period. The Village of Mt. Pleasant shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Wis. Stats. Ch. 66, Subchapter VII.
(k)
Financial guarantee.
(1)
Establishment of the guarantee. The Village of Mt. Pleasant may require
the submittal of a financial guarantee, the form and type of which
shall be acceptable to the Village of Mt. Pleasant. The financial
guarantee shall be in an amount determined by the Village of Mt. Pleasant
to be the estimated cost of construction and the estimated cost of
maintenance of the storm water management practices during the period
which the designated party in the maintenance agreement has maintenance
responsibility. The financial guarantee shall give the Village of
Mt. Pleasant the authorization to use the funds to complete the storm
water management practices, or restore the project site as deemed
fit by the Village, if the responsible party defaults or does not
properly implement the approved storm water management plan, upon
written notice to the responsible party by the administering authority
that the requirements of this section have not been met.
(2)
Conditions for release. Conditions for the release of the financial
guarantee are as follows:
a.
The Village of Mt. Pleasant shall release the portion of the financial
guarantee established under this section, less any costs incurred
by the Village of Mt. Pleasant to complete installation of practices,
upon submission of "as built plans" or "record" drawings by a licensed
professional engineer. The Village of Mt. Pleasant may make provisions
for a partial pro-rata release of the financial guarantee based on
the completion of various development stages.
b.
The Village of Mt. Pleasant shall release the portion of the financial
guarantee established under this section to assure maintenance of
storm water practices, less any costs incurred by the Village of Mt.
Pleasant, at such time that the responsibility for practice maintenance
is passed on to another entity via an approved maintenance agreement.
(l)
Fee schedule. The fees referred to in other sections of this section
shall be established by the Village of Mt. Pleasant and may from time
to time be modified by resolution. A schedule of the fees established
by the Village of Mt. Pleasant shall be available for review in the
Village hall.
(m)
Enforcement.
(1)
Any land disturbing construction activity or post-construction runoff
initiated after the effective date of this section by any person,
firm, association, or corporation subject to the ordinance provisions
shall be deemed a violation unless conducted in accordance with the
requirements of this section.
(2)
The Village of Mt. Pleasant shall notify the responsible party by
certified mail of any noncomplying land disturbing construction activity
or post-construction runoff. The notice shall described the nature
of the violation, remedial actions needed, a schedule of remedial
action, and additional enforcement action which may be taken.
(3)
Upon receipt of written notification from the Village of Mt. Pleasant
under Subsection (m)(2), the responsible party shall correct work
that does not comply with the storm water management plan or other
provisions of this permit. The responsible party shall make corrections
as necessary to meet the specifications and schedule set forth by
the Village of Mt. Pleasant in the notice.
(4)
If the violations to a permit issued pursuant to this section are
likely to result in damage to properties, public facilities, or waters
of the state, the Village of Mt. Pleasant may enter the land and take
emergency actions necessary to prevent such damage. The costs incurred
by the Village of Mt. Pleasant plus interest and legal costs shall
be billed to the responsible party.
(5)
The Village of Mt. Pleasant is authorized to post a stop work order
on all land disturbing construction activity that is in violation
of this section, or to request the municipal attorney to obtain a
cease and desist order in any court with jurisdiction.
(6)
The Village of Mt. Pleasant may revoke a permit issued under this
section for noncompliance with ordinance provisions.
(7)
Any permit revocation, stop work order, or cease and desist order
shall remain in effect unless retracted by the Village of Mt. Pleasant
or by a court with jurisdiction.
(8)
The Village of Mt. Pleasant is authorized to refer any violation
of this section, or of a stop work order or cease and desist order
issued pursuant to this section, to the municipal attorney for the
commencement of further legal proceedings in any court with jurisdiction.
(9)
Any person, firm, association, or corporation who does not comply
with the provisions of this section shall be subject to a forfeiture
of not less than $500 or more than $1,000 per offense, together with
the costs of prosecution. Each day that the violation exists shall
constitute a separate offense.
(10)
Compliance with the provisions of this section may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease and desist order before resorting
to injunctional proceedings.
(11)
When the Village of Mt. Pleasant determines that the holder
of a permit issued pursuant to this section has failed to follow practices
set forth in the storm water management plan, or has failed to comply
with schedules set forth in said storm water management plan, the
Village of Mt. Pleasant or a party designated by the Village of Mt.
Pleasant may enter upon the land and perform the work or other operations
necessary to bring the condition of said lands into conformance with
requirements of the approved plan. The Village of Mt. Pleasant shall
keep a detailed accounting of the costs and expenses of performing
this work. These costs and expenses shall be deducted from any financial
security posted pursuant to Subsection (k) of this section. Where
such a security has not been established, or where such a security
is insufficient to cover these costs, the costs and expenses shall
be entered on the tax roll as a special charge against the property
and collected with any other taxes levied thereon for the year in
which the work is completed.
(n)
Appeals.
(1)
Board of appeals. The Board of Appeals of the Village of Mt. Pleasant,
pursuant to Wis. Stats. § 61.354(4)(b), shall hear and decide
appeals where it is alleged that there is error in any order, decision
or determination made by the Village of Mt. Pleasant in administering
this section. The board shall also use the rules, procedures, duties,
and powers authorized by statute in hearing and deciding appeals.
Upon appeal, the board may authorize variances from the provisions
of this section that are not contrary to the public interest, and
where owing to special conditions a literal enforcement of the ordinance
will result in unnecessary hardship.
(2)
Who may appeal. Appeals to the Board of Appeals may be taken by any
aggrieved person or by an officer, department, board or bureau of
the Village of Mt. Pleasant affected by any decision of the Village
of Mt. Pleasant.
(o)
Severability. If a court of competent jurisdiction Judges any section,
clause, provision or portion of this ordinance unconstitutional or
invalid, the remainder of the ordinance shall remain in force and
not be affected by such judgment.
[Added 2-28-2022 by Ord. No. 08-2022]
(a)
Authority.
(1)
This section is adopted under the authority granted by Wis. Stats.
§ 61.354, for Villages. This section supersedes all provisions
of an ordinance previously enacted under Wis. Stats. § 61.35,
that relate to construction site erosion control. Except as otherwise
specified in Wis. Stats. § 61.354, Wis. Stats. § 61.35,
applies to this section and to any amendments to this section.
(2)
The provisions of this section are deemed not to limit any other
lawful regulatory powers of the same governing body.
(3)
The Village Board of trustees hereby designates the Village of Mt.
Pleasant to administer and enforce the provisions of this section.
(4)
The requirements of this section do not preempt more stringent erosion
and sediment control requirements that may be imposed by any of the
following:
a.
Wisconsin Department of Natural Resources administrative rules, permits
or approvals including those authorized under Wis. Stats. §§ 281.16
and 283.33.
b.
Targeted nonagricultural performance standards promulgated in rules
by the Wisconsin Department of Natural Resources under Wis. Admin.
Code § NR 151.004.
(b)
Findings of fact. The Village of Mt. Pleasant finds that runoff from
land disturbing construction activity carries a significant amount
of sediment and other pollutants to the waters of the state in the
Village of Mt. Pleasant.
(c)
Purpose. It is the purpose of this section to further the maintenance
of safe and healthful conditions; prevent and control water pollution;
prevent and control soil erosion and sediment discharge; protect spawning
grounds, fish and aquatic life; control building sites, placement
of structures and land uses; preserve ground cover and scenic beauty;
and promote sound economic growth, by minimizing the amount of sediment
and other pollutants carried by runoff or discharged from land disturbing
construction activity to waters of the state in the Village of Mt.
Pleasant.
(d)
Applicability and jurisdiction.
(1)
Applicability.
a.
Except as provided under Subsection (b), this ordinance applies to any construction site as defined under Subsection (e)(6).
b.
This section does not apply to the following:
1.
Transportation facilities, except transportation facility construction
projects that are part of a larger common plan of development such
as local roads within a residential or industrial development.
2.
A construction project that is exempted by federal statutes
or regulations from the requirement to have a national pollutant discharge
elimination system permit issued under chapter 40, Code of Federal
Regulations, part 122, for land disturbing construction activity.
3.
Nonpoint discharges from agricultural facilities and practices.
4.
Nonpoint discharges from silviculture activities.
5.
Routine maintenance for project sites under five acres of land
disturbance if performed to maintain the original line and grade,
hydraulic capacity or original purpose of the facility.
c.
Notwithstanding the applicability requirements in Subsection (d)(1)a,
this section applies to construction sites of any size that, as determined
by the Village of Mt. Pleasant, are likely to result in runoff that
exceeds the safe capacity of the existing drainage facilities or receiving
body of water, that causes undue channel erosion, or that increases
water pollution by scouring or transporting of particulate.
(2)
Jurisdiction. This section applies to land disturbing construction
activity on construction sites located within the boundaries and jurisdiction
of the Village of Mt. Pleasant.
(3)
Exclusions. This section is not applicable to activities conducted
by a state agency, as defined under Wis. Stats. § 227.01(1).
(e)
Definitions.
(1)
Administering authority means a governmental employee, or a regional
planning Commission empowered under Wis. Stats. § 61.354,
that is designated by the Village of Mt. Pleasant to administer this
section.
(2)
Agricultural facilities and practices has the meaning in Wis. Stats.
§ 281.16(1).
(3)
Best management practice or BMP means structural or nonstructural
measures, practices, techniques or devices employed to avoid or minimize
soil, sediment or pollutants carried in runoff to waters of the state.
(4)
Business day means a day the office of the Village Hall is routinely
and customarily open for business.
(5)
Cease and desist order means a court-issued order to halt land disturbing
construction activity that is being conducted without the required
permit or in violation of a permit issued by the Village of Mt. Pleasant.
(6)
Construction site means 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 long-range planning document that describes separate construction
projects, such as a twenty-year transportation improvement plan, is
not a common plan of development.
(7)
Design storm means a hypothetical discrete rainstorm characterized
by a specific duration, temporal distribution, rainfall intensity,
return frequency and total depth of rainfall.
(8)
Erosion means the process by which the land's surface is worn away
by the action of wind, water, ice or gravity.
(9)
Erosion and sediment control plan means a comprehensive plan developed
to address pollution caused by erosion and sedimentation of soil particles
or rock fragments during construction.
(10)
Final stabilization means that 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 that employ equivalent permanent
stabilization measures.
(11)
Governing body means county board of supervisors, city council,
Village Board of trustees or Village council.
(12)
Land disturbing construction activity means 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 activity includes
clearing and grubbing, demolition, excavating, pit trench dewatering,
filling and grading activities.
(13)
Landowner means any person holding fee title, an easement or
other interest in property, which allows the person to undertake cropping,
livestock management, land disturbing construction activity or maintenance
of storm water BMPs on the property.
(14)
MEP or maximum extent practicable means the highest level of
performance that is achievable but is not equivalent to a performance
standard identified in this ordinance as determined in accordance
with sec. (em) of this ordinance.
(15)
Performance standard means a narrative or measurable number
specifying the minimum acceptable outcome for a facility or practice.
(16)
Permit means a written authorization made by the Village of
Mt. Pleasant to the applicant to conduct land disturbing construction
activity or to discharge post-construction runoff to waters of the
state.
(17)
Pollutant has the meaning given in Wis. Stats. § 283.01(13).
(18)
Pollution has the meaning given in Wis. Stats. § 281.01(10).
(19)
Responsible party means the landowner or any other entity performing
services to meet the requirements of this ordinance through a contract
or other agreement.
(20)
Runoff means storm water or precipitation including rain, snow
or ice melt or similar water that moves on the land surface via sheet
or channelized flow.
(21)
Sediment means settleable solid material that is transported
by runoff, suspended within runoff or deposited by runoff away from
its original location.
(22)
Silviculture activity means activities including tree nursery
operations, tree harvesting operations, reforestation, tree thinning,
prescribed burning, and pest and fire control. Clearing and grubbing
of an area of a construction site is not a silviculture activity.
(23)
Site means the entire area included in the legal description
of the land on which the land disturbing construction activity is
proposed in the permit application.
(24)
Stop work order means an order issued by the Village of Mt.
Pleasant which requires that all construction activity on the site
be stopped.
(25)
Technical standard means a document that specifies design, predicted
performance and operation and maintenance specifications for a material,
device or method.
(26)
Transportation facility means a highway, a railroad, a public
mass transit facility, a public-use airport, a public trail or any
other public work for transportation purposes such as harbor improvements
under s. 85.095 (1)(b), Wis. Stats. "Transportation facility" does
not include building sites for the construction of public buildings
and buildings that are places of employment that are regulated by
the Department pursuant to s. 281.33, Wis. Stats.
(27)
Waters of the state includes 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.
(em)
Applicability of maximum extent practicable. Maximum
extent practicable applies when a person who is subject to a performance
standard of this ordinance demonstrates to the [administering authority]'s
satisfaction that a performance standard is not achievable and that
a lower level of performance is appropriate. In making the assertion
that a performance standard is not achievable and that a level of
performance different from the performance standard is the maximum
extent practicable, the responsible party shall take into account
the best available technology, cost effectiveness, geographic features,
and other competing interests such as protection of public safety
and welfare, protection of endangered and threatened resources, and
preservation of historic properties.
(f)
Technical standards. All BMPs required to comply with this section
shall meet the design criteria, standards and specifications based
on any of the following:
(1)
Design guidance and technical standards identified or developed by
the Wisconsin Department of Natural Resources under Subchapter V of
Chapter NR 151, Wis. Adm. Code.
(2)
Soil loss prediction tools (such as the Universal Soil Loss Equation
(USLE)) when using an appropriate rainfall or runoff factor (also
referred to as the R factor) or an appropriate design storm and precipitation
distribution, and when considering the geographic location of the
site and the period of disturbance.
(3)
Technical standards and methods approved by the Village of Mt. Pleasant.
(g)
Performance standards for construction sites of one acre or more.
(1)
Responsible party. The responsible party shall comply with this section
and implement an erosion and sediment control plan, developed in accordance
with Subsection (i).
(2)
Erosion and Sediment Control Plan. A written plan shall be developed
in accordance with Subsection (i) and implemented for each construction
site.
(3)
Erosion and other pollutant control requirements. The plan required
under Subsection (g)(2) shall include the following:
a.
Erosion and Sediment Control Practices. Erosion and sediment control
practices at each site where land disturbing construction activity
is to occur shall be used to prevent or reduce all of the following:
1.
The deposition of soil from being tracked onto streets by vehicles.
2.
The discharge of sediment from disturbed areas into on-site
storm water inlets.
3.
The discharge of sediment from disturbed areas into adjacent
waters of the state.
4.
The discharge of sediment from drainage ways that flow off the
site.
5.
The discharge of sediment by dewatering activities.
6.
The discharge of sediment eroding from soil stockpiles existing
for more than seven days.
7.
The discharge of sediment from erosive flows at outlets and
in downstream channels.
8.
The transport by runoff into waters of the state of chemicals,
cement, and other building compounds and materials on the construction
site during the construction period. However, projects that require
the placement of these materials in waters of the state, such as constructing
bridge footings or BMP installations, are not prohibited by this subdivision.
9.
The transport by runoff into waters of the state of untreated
wash water from vehicle and wheel washing.
b.
Sediment performance standards. In addition to the erosion and sediment
control practices under Subsection (g)(3)a, the following erosion
and sediment control practices shall be employed:
1.
BMPs that, by design, discharge no more than five tons per acre
per year, or to the maximum extent practicable, of the sediment load
carried in runoff from initial grading to final stabilization.
2.
No person shall be required to employ more BMPs than are needed
to meet a performance standard in order to comply with maximum extent
practicable. Erosion and sediment control BMPs may be combined to
meet the requirements of this paragraph. Credit may be given toward
meeting the sediment performance standard of this paragraph for limiting
the duration or area, or both, of land disturbing construction activity,
or for other appropriate mechanisms.
3.
Notwithstanding Subsection (g)(3)b1, if BMPs cannot be designed
and implemented to meet the sediment performance standard, the erosion
and sediment control plan shall include a written, site-specific explanation
of why the sediment performance standard cannot be met and how the
sediment load will be reduced to the maximum extent practicable.
c.
Preventive Measures. The erosion and sediment control plan shall
incorporate all of the following:
1.
Maintenance of existing vegetation, especially adjacent to surface
waters whenever possible.
2.
Minimization of soil compaction and preservation of topsoil.
3.
Minimization of land disturbing construction activity on slopes
of 20% or more.
4.
Development of spill prevention and response procedures.
d.
Location. The BMPs used to comply with this section shall be located
so that treatment occurs before runoff enters waters of the state.
(4)
Implementation. The BMPs used to comply with this section shall be
implemented as follows:
a.
Erosion and sediment control practices shall be constructed or installed
before land disturbing construction activities begin in accordance
with the erosion and sediment control plan developed in Subsection
(g)(2).
b.
Erosion and sediment control practices shall be maintained until
final stabilization.
c.
Final stabilization activity shall commence when land disturbing
activities cease and final grade has been reached on any portion of
the site.
d.
Temporary stabilization activity shall commence when land disturbing
activities have temporarily ceased and will not resume for a period
exceeding 14 calendar days.
e.
BMPs that are no longer necessary for erosion and sediment control
shall be removed by the responsible party.
(h)
Permitting requirements, procedures and fees.
(1)
Permit required. No responsible party may commence a land disturbing
construction activity subject to this section without receiving prior
approval of an erosion and sediment control plan for the site and
a permit from the Village of Mt. Pleasant.
(2)
Permit application and fees. The responsible party that will undertake
a land disturbing construction activity subject to this section shall
submit an application for a permit and an erosion and sediment control
plan that meets the requirements of Subsection (i) and shall pay an
application fee as required in Subsection (j) to the Village of Mt.
Pleasant. By submitting an application, the applicant is authorizing
the Village of Mt. Pleasant to enter the site to obtain information
required for the review of the erosion and sediment control plan.
(3)
Review and approval of permit application. The Village of Mt. Pleasant
shall review any permit application that is submitted with an erosion
and sediment control plan, and the required fee. The following approval
procedure shall be used:
a.
Within 20 business days of the receipt of a complete permit application,
as required by Subsection (h)(2) above, the Village of Mt. Pleasant
shall inform the applicant whether the application and plan are approved
or disapproved based on the requirements of this section.
b.
If the permit application and plan are approved, the Village of Mt.
Pleasant shall issue the permit.
c.
If the permit application or plan is disapproved, the Village of
Mt. Pleasant shall state in writing the reasons for disapproval.
d.
The Village of Mt. Pleasant may request additional information from
the applicant. If additional information is submitted, the Village
of Mt. Pleasant shall have 20 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 Village of Mt. Pleasant to inform the permit applicant
of a decision within 30 business days of a required submittal shall
be deemed to mean approval of the submittal and the applicant may
proceed as if a permit had been issued.
(4)
Surety bond. As a condition of approval and issuance of the permit,
the Village of Mt. Pleasant 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.
(5)
Permit requirements. All permits shall require the responsible party
to:
a.
Notify the Village of Mt. Pleasant within 48 hours of commencing
any land disturbing construction activity.
b.
Notify the Village of Mt. Pleasant of completion of any BMPs within
14 days after their installation.
c.
Obtain permission in writing from the Village of Mt. Pleasant prior
to any modification pursuant to Subsection (i)(3) of the erosion and
sediment control plan.
d.
Install all BMPs as identified in the approved erosion and sediment
control plan.
e.
Maintain all road drainage systems, storm water drainage systems,
BMPs and other facilities identified in the erosion and sediment control
plan.
f.
Repair any siltation or erosion damage to adjacent lands and drainage
ways resulting from land disturbing construction activities and document
repairs in a site erosion control log.
g.
Inspect the BMPs within 24 hours after each rain of 0.5 inches or
more which results in runoff during active construction periods, and
at least once each week 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 Village of Mt. Pleasant to enter the site for the purpose
of 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. Keep a copy of the erosion and sediment control
plan at the construction site.
(6)
Permit conditions. Permits issued under this section may include
conditions established by the Village of Mt. Pleasant in addition
to the requirements set forth in Subsection (h)(5) above, where needed
to assure compliance with the performance standards in Subsection
(g).
(7)
Permit duration. Permits issued under this section shall be valid
for a period of 180 days, or the length of the building permit or
other construction authorizations, whichever is longer, from the date
of issuance. The Village of Mt. Pleasant may extend the period one
or more times for up to an additional 180 days cumulatively. The Village
of Mt. Pleasant may require additional BMPs as a condition of the
extension if they are necessary to meet the requirements of this section.
(8)
Maintenance. The responsible party throughout the duration of the
construction activities shall maintain all BMPs necessary to meet
the requirements of this section until the site has undergone final
stabilization.
(i)
Erosion and sediment control plan, statement, and amendments.
(1)
Erosion and sediment control plan statement. For each construction
site identified under sec. (d)(1)(c), an erosion and sediment control
plan statement shall be prepared. This statement shall be submitted
to the Village of Mt. Pleasant. The erosion and sediment control plan
statement shall briefly describe the site, the development schedule,
and the BMPs that will be used to meet the requirements of the ordinance.
A site map shall also accompany the erosion and sediment control plan
statement.
(2)
Erosion and sediment control plan.
a.
An erosion and sediment control plan shall be prepared and submitted
to the Village of Mt. Pleasant.
b.
The erosion and sediment control plan shall be designed to meet the
performance standards in Subsection (g) and other requirements of
this section.
c.
The erosion and sediment control plan shall address pollution caused
by soil erosion and sedimentation during construction and up to final
stabilization of the site. The erosion and sediment control plan shall
include, at a minimum, the following items:
1.
The name(s) and address(es) of the owner or developer of the
site, and of any consulting firm retained by the applicant, together
with the name of the applicant's principal contact at such firm. The
application shall also include start and end dates for construction.
2.
Description of the construction site and nature of the land
disturbing construction activity, including representation of the
limits of land disturbance on a United States Geological Service 7.5
minute series topographic map.
3.
Description of the intended sequence of major land disturbing
construction activities for major portions of the construction site,
including stripping and clearing; rough grading; construction of utilities,
infrastructure, and 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.
4.
Estimates of the total area of the construction site and the
total area of the construction site that is expected to be disturbed
by land disturbing construction activities.
5.
Calculations to show the compliance with the performance standard
is sec. (g)(3)(b)1.
6.
Existing data describing the surface soil as well as subsoils.
7.
Depth to groundwater, as indicated by Natural Resources Conservation
Service soil information where available.
8.
Name of the immediate named receiving water from the United
States Geological Service 7.5 minute series topographic maps.
d.
The erosion and sediment control plan shall include a 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.
1.
Existing topography, vegetative cover, natural and engineered
drainage systems, roads and surface waters. Lakes, streams, wetlands,
channels, ditches and other watercourses on and immediately adjacent
to the site shall be shown. Any identified 100-year flood plains,
flood fringes and floodways shall also be shown.
2.
Boundaries of the construction site.
3.
Drainage patterns and approximate slopes anticipated after major
grading activities.
4.
Areas of soil disturbance.
5.
Location of major structural and nonstructural controls identified
in the plan.
6.
Location of areas where stabilization BMPs will be employed.
7.
Areas which will be vegetated following land disturbing construction
activities.
8.
Area(s) and location(s) of wetlands on the construction site
and locations where storm water is discharged to a surface water or
wetland within one-quarter mile downstream of the construction site.
9.
Areas(s) used for infiltration of post-construction storm water
runoff.
10.
An alphanumeric or equivalent grid overlying the entire construction
site map.
e.
Each erosion and sediment control plan shall include a description
of appropriate control BMPs that will be installed and maintained
at the construction site to prevent pollutants from reaching waters
of the state. The erosion and sediment control plan shall clearly
describe the appropriate erosion and sediment control BMPs for each
major land disturbing construction activity and the timing during
the period of land disturbing construction activity that the erosion
and sediment control BMPs will be implemented. The description of
erosion and sediment control BMPs shall include, when appropriate,
the following minimum requirements:
1.
Description of interim and permanent stabilization practices,
including a BMP implementation schedule. Site plans shall ensure that
existing vegetation is preserved where attainable and that disturbed
portions of the site are stabilized.
2.
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 Village of Mt. Pleasant, structural measures shall
be installed on upland soils.
3.
Management of overland flow at all areas of the construction
site, unless otherwise controlled by outfall controls.
4.
Trapping of sediment in channelized flow.
5.
Staging land disturbing construction activities to limit exposed
soil areas subject to erosion.
6.
Protection of downslope drainage inlets where they occur.
7.
Minimization of tracking at all vehicle and equipment entry
and exit locations of the construction site.
8.
Clean up of off-site sediment deposits.
9.
Proper disposal of building and waste material.
10.
Stabilization of drainage ways.
11.
Installation of permanent stabilization practices as soon as
possible after final grading.
12.
Minimization of dust to the maximum extent practicable.
f.
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 water course so that the natural physical
and biological characteristics and functions are maintained and protected.
(3)
Erosion and sediment control plan amendments. The applicant shall
amend the erosion and sediment control plan if any of the following
occur:
a.
There is a change in design, construction, operation or maintenance
at the site which has the reasonable potential for the discharge of
pollutants to waters of the state and which has not otherwise been
addressed in the plan.
b.
The actions required by the erosion and sediment control plan fail
to reduce the impacts of pollutants carried by construction site runoff.
c.
The Village of Mt. Pleasant notifies the applicant of changes needed
in the erosion and sediment control plan.
(j)
Fee schedule. The fees referred to in other sections of this section
shall be established by the Village of Mt. Pleasant and may from time
to time be modified by resolution. A schedule of the fees established
by the Village of Mt. Pleasant shall be available for review in the
Village hall.
(k)
Inspection. If land disturbing construction activities are occurring
without a permit required by this section, the Village of Mt. Pleasant
may enter the land pursuant to the provisions of Wis. Stats. § 66.0119(1),
(2), and (3).
(l)
Enforcement.
(1)
The Village of Mt. Pleasant may post a stop-work order if any of
the following occurs:
(2)
If the responsible party does not cease activity as required in a
stop-work order posted under this section or fails to comply with
the erosion and sediment control plan or permit conditions, the Village
of Mt. Pleasant may revoke the permit.
(3)
If the responsible party, where no permit has been issued or the
permit has been revoked, does not cease the activity after being notified
by the Village of Mt. Pleasant, or if a responsible party violates
a stop-work order posted under Subsection (l)(1), the Village of Mt.
Pleasant may request the Village Attorney to obtain a cease and desist
order in any court with jurisdiction.
(4)
The Village of Mt. Pleasant may retract the stop-work order issued
under Subsection (l)(1), or the permit revocation under Subsection
(I)(2).
(5)
After posting a stop-work order under Subsection (I)(1), the Village of Mt. Pleasant may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this section. The Village of Mt. Pleasant may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the Village of Mt. Pleasant, plus interest at the rate authorized by Village of Mt. Pleasant shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Wis. Stats. Ch. 66, Subch. VII.
(6)
Any person violating any of the provisions of this section shall
be subject to a forfeiture of not less than $500 nor more than $1,000
and the costs of prosecution for each violation. Each day a violation
exists shall constitute a separate offense.
(7)
Compliance with the provisions of this section may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease and desist order before resorting
to injunctional proceedings.
(m)
Appeals.
(1)
Board of appeals. The Board of Appeals of the Village of Mt. Pleasant:
a.
Shall hear and decide appeals where it is alleged that there is error
in any order, decision or determination made by the Village of Mt.
Pleasant in administering this section except for cease and desist
orders obtained under Subsection (1)(3).
b.
May authorize variances from the provisions of this section which
are not contrary to the public interest and where owing to special
conditions a literal enforcement of the provisions of the ordinance
will result in unnecessary hardship; and
c.
Shall use the rules, procedures, duties and powers authorized by
statute in hearing and deciding appeals and authorizing variances.
(2)
Who may appeal. Appeals to the Board of Appeals may be taken by any
aggrieved person or by any office, department, board, or bureau of
the Village of Mt. Pleasant affected by any decision of the Village
of Mt. Pleasant.
(n)
Severability. If a court of competent jurisdiction judges any section,
clause, provision or portion of this ordinance unconstitutional or
invalid, the remainder of the ordinance shall remain in force and
not be affected by such judgment.
