[HISTORY: Adopted by the Village Board of the Village of
Williams Bay as indicated in article histories. Amendments noted where
applicable.]
[Adopted as § 15.02 of the 2011 Code]
The intent of these regulations is to require control practices
that will reduce the amount of sediment and other pollutants leaving
construction sites during land development or land disturbing activities.
These regulations apply to all land disturbing construction activities
in the Village and within its extraterritorial review powers of Ch.
236, Wis. Stats. These regulations set forth different procedures
for different activities depending upon the size, type and location
of the activities.
This article is adopted under § 61.354, Wis. Stats.
A.
Findings. The Village Board finds runoff from construction sites
carries a significant amount of sediment and other pollutants to the
waters of the state and Village.
B.
Purpose. It is the purpose of this article to preserve the natural
resources; protect the quality of water of the state and Village and
protect and promote the health, safety and welfare of the people to
the extent practicable by minimizing the amount of sediment and other
pollutants carried by runoff or discharges from construction sites
to Geneva Lake and other waters and wetlands of the Village and state.
This article applies to land disturbing and land developing
activities on lands within the boundaries and jurisdiction of the
Village and the public and private lands subject to extraterritorial
review under Ch. 236, Wis. Stats. All state-funded or -conducted construction
is exempt from these regulations.
The following terms shall have the meanings indicated:
Use of land for planting, growing, cultivation and harvesting
crops for human or livestock consumption and pasturing or yarding
of livestock.
Use of land for retail or wholesale sale of goods or services.
A control measure used to meet the requirements of this article.
A practice or combination of practices to control erosion
and attendant pollution.
A written description of the number, locations, sizes and
other pertinent information of control measures designed to meet the
requirements of this article submitted by the applicant for review
and approval by the Building Inspector.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
The construction of buildings, roads, parking lots, paved
storage areas and similar facilities.
Any man-made change of land surface, including removing vegetative
cover, excavating, filling and grading, but not including agricultural
land uses, such as planting, growing, cultivating and harvesting crops;
growing and tending gardens; harvesting trees; and landscaping modifications.
Any person operating, leasing, renting or having made other
arrangements with the landowner by which the landowner authorizes
use of his land.
Any person holding title to or having an interest in land.
Landowner, land user, designated agent or applicant for permit.
The rainfall, snow melt or irrigation water flowing over
the ground surface.
The entire area included in the legal description of the
land on which the land disturbing or land development activity is
proposed in the permit application.
Elimination of living vegetation or cutting or injuring vegetation
so the vegetation dies.
The most recent published version with appropriate updates,
prepared by the Wisconsin Department of Natural Resources Nonpoint
Source and Land Management Section, a copy of which is filed in the
Village Clerk's office.
All control measures required to comply with this article shall
meet the design criteria, standards and specifications for the control
measures based on accepted design criteria, standards and specifications
identified by the Building Inspector and in accordance with, but not
limited to, the Wisconsin Construction Site Best Management Practice
Handbook.
All sedimentation basin and other control measures necessary
to meet the requirements of these regulations shall be maintained
by the applicant or subsequent landowner during the period of land
disturbance and land development of the site in a satisfactory manner
to ensure adequate performance and to prevent nuisance conditions.
A.
Applicability. Any land disturbing
or developing activity shall be subject to the erosion and sediment
control provisions of this article if:
(1)
Any buildings or additions thereto are proposed to be constructed
on platted subdivision lots or lots created by certified survey maps.
(2)
An area of 1,000 square feet or greater will be disturbed by excavation,
grading, filling or other earthmoving activities, resulting in a loss
or removal of protective ground cover or vegetation.
(3)
Excavation, fill or any combination thereof will exceed 50 cubic
yards. Excavation and filling of less than 50 cubic yards, at the
discretion of the Building Inspector, may require control of erosion
and pollutants, if judged necessary.
(4)
Any watercourse is to be changed, altered, enlarged or materials
are removed from a stream or lakebed.
(5)
Any utility work in which underground conduits, piping, wiring, waterlines,
sanitary sewers, storm sewers or similar structures will be laid,
repaired, replaced or enlarged if such work involves more than 300
linear feet of earth disturbance. Construction of municipal utility
projects supervised by the Village Engineer shall not be required
to obtain a separate permit under this article.
(6)
Any disturbed area where the slope is equal to or greater than 12%.
(7)
In those cases where land disturbing construction or vegetation removal
activities are located within 500 feet of the ordinary high water
mark of Geneva Lake or within 200 feet of the ordinary high water
mark of any navigable stream.
B.
Erosion and other pollutant control requirements. The following requirements shall be met on all sites described in Subsection A above and shall be done in accordance with, but not limited to, the Wisconsin Construction Site Best Management Practice Handbook or this article.
(1)
Discharge water. Discharge water shall be handled in a manner consistent
with all current statutory and regulatory requirements and may not
be discharged in a manner that causes erosion of the site or receiving
channels.
(2)
Waste and material disposal. All waste and unused building materials,
including garbage, debris, cleaning wastes, wastewater, toxic material
or hazardous materials, shall be properly disposed of and not allowed
to be carried by runoff into a receiving lake, stream channel or storm
sewer system.
(3)
Tracking. Each site shall have graveled roads, access drives and
parking areas of sufficient width and length to prevent sediment from
being tracked onto public or private roadways. Any sediment reaching
a public or private road shall be removed by street cleaning (not
flushing) before the end of the workday.
(4)
Drain inlet protection. All storm drain inlets shall be protected
with a straw bale, filter fabric or equivalent barrier meeting accepted
design criteria, standards and specifications.
(5)
Vegetation removal. All vegetation removal will be kept to a minimum
as needed to allow for construction of buildings, patios, decks or
the installation of utilities throughout parcels as determined by
the Building Inspector.
(6)
Site erosion control. Only if runoff leaves any land development
site or site of land disturbance will the following criteria apply:
(a)
Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise the channel shall be protected as described below in Subsection B(6)(c). Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels.
(b)
All activities on the site shall be conducted in a logical sequence
to minimize the area of any soil exposed at any one time. This shall
include the planting of vegetative cover within seven days of land
disturbance.
(c)
Runoff from the entire disturbed area on the site shall be controlled by meeting either Subsection B(6)(c)[1] and [2] below or Subsection B(6)(c)[1], [2] and [3] below:
[1]
All disturbed ground left inactive for seven or more days or
seven days after final grading shall be stabilized by seeding or sodding
or by mulching or covering.
[2]
Filter fences as specified in the Wisconsin Construction Site
Best Management Practice Handbook or equivalent control measures shall
be placed along all side slope and down slope areas of the site. If
straw bales or hay bales are used as control measures, they shall
be replaced not less frequently than every 90 days or more frequently
if determined to be noneffective by the Building Inspector. No Visqueen
or similar plastic filtering material shall be used. Appropriate control
measures shall be maintained until adequate vegetative ground cover
has been established on the site.
[3]
For sites with five acres or more disturbed at one time or if
a channel originates in the disturbed area, one or more sedimentation
basins shall be constructed. The basin discharge rate shall also be
sufficiently low as to not cause erosion along the discharge channel
or the receiving water.
No landowner or land user may commence a land disturbance or
land development activity subject to these regulations without receiving
prior approval of a control plan for the site and a permit from the
Building Inspector. At least one landowner and land user controlling
or using the site and desiring to undertake a land disturbing or land
developing activity subject to these regulations shall submit an application
for a permit and a control plan and pay an application fee to the
Building Inspector. By submitting an application, the applicant is
authorizing the Building Inspector to enter the site to obtain information
required for the review of the control plan. All appropriate measures
are to be installed prior to the issuance of a building permit or
commencement of construction.
A.
Content of erosion control statement for land disturbing activities
that do not exceed 20,000 square feet in area. An erosion control
plan statement with a simple map shall be submitted to briefly describe
the site and erosion controls, including the site development schedule
that will be used to meet the requirements of this article.
B.
Content of the erosion control plan for land disturbing activities
where such activities exceed 20,000 square feet in area.
(1)
Existing site map. A map of existing site conditions, including structures,
on a scale of at least one inch equals 100 feet showing the site and
immediately adjacent areas within 50 feet of the property boundary.
(a)
Site boundaries and adjacent lands which accurately identify
site location.
(b)
Lakes, streams, wetlands, channels, ditches and other watercourses
on and immediately adjacent to the site.
(c)
One-hundred-year floodplains.
(d)
Location of the predominant soil types.
(e)
Vegetative cover.
(f)
Location and dimensions of stormwater drainage systems and natural
drainage patterns on and immediately adjacent to the site.
(g)
Locations and dimensions of utilities, structures, roads, highways
and paving.
(h)
Site topography at a contour interval not to exceed five feet.
(2)
Plan of final site conditions. A plan of final site conditions on
the same scale as the existing site map showing the site changes.
(3)
Site construction plan. A site construction plan including:
(a)
Locations and dimensions of all proposed land disturbing activities.
(b)
Locations and dimensions of all temporary soil or dirt stockpiles.
(c)
Locations and dimensions of all construction site management
control measures necessary to meet the requirements of these regulations.
(d)
Schedule of anticipated starting and completion dates of each
land disturbing or land developing activity, including the installation
of construction site control measures needed to meet the requirements
of these regulations.
(e)
Provisions for maintenance of the construction site control
measures during construction.
(f)
Identification of all trees in excess of five inches at four
feet above grade that will be removed.
C.
Review of control plan or statement. Within 30 days of receipt of
the application, control plan or control plan statement and fee, the
Building Inspector shall review the application and control plan or
control statement to determine if the requirements of these regulations
are met. The Building Inspector may request comments from other departments,
agencies or the Village Engineer. If the requirements of these regulations
are met, the Building Inspector shall approve the plan, inform the
applicant and issue a permit. If the conditions are not met, the Building
Inspector shall inform the applicant in writing and may either require
needed information or disapprove the plan. Within 10 days of receipt
of needed information, the Building Inspector shall again determine
if the plan or statement meet the requirements of these regulations.
If the plan or statement is disapproved, the Building Inspector shall
inform the applicant in writing of the reasons for the disapproval.
D.
Permits.
(1)
Duration. Permits shall be valid for a period of 180 days or the
length of time of the building permit or other construction authorizations,
whichever is longer, from the date of issuance. The Building Inspector
may extend the period one or more times for up to a maximum of an
additional 180 days. The Building Inspector may require additional
control measures as a condition of the extension if they are necessary
to meet the requirements of these regulations.
(2)
Letter of credit. As a condition of approval and issuance of the
permit for land disturbing construction activities exceeding 20,000
square feet, the Building Inspector shall require the applicant to
deposit an irrevocable letter of credit issued by an approved lending
institution to guarantee a good faith execution of the approved control
plan and any permit conditions. The line of credit will be in the
amount of the estimated cost as determined by the Building Inspector
to implement the approved control plan and any permit conditions and
shall be maintained in such amount until the project is complete with
vegetative cover fully established.
(3)
Permit conditions. All permits shall require the permittee to:
(a)
Obtain permission in writing from the Building Inspector prior
to modifying the control plan or control statement.
(b)
Install all control measures as identified in the approved control
plan or control statement prior to commencing work.
(c)
Maintain all road drainage systems, stormwater drainage systems,
control measures and other facilities identified in the control plan
or control statement.
(d)
Repair any siltation or erosion damage to adjoining surfaces
and drainageways resulting from land developing or disturbing activities.
(e)
Inspect the construction control measures after each rain of
0.5 inch or more and at least once each week and make needed repairs.
(f)
Allow the Building Inspector to enter the site for the purpose
of inspecting compliance with the control plan or control statement
or for performing any work necessary to bring the site into compliance
with the control plan or control statement.
(4)
Charge for permits. The following schedule of activities shall require
the advance payment of fees for each activity listed in accordance
with the schedule of fees approved by resolution by the Village Board
and placed permanently on file in the office of the Village Clerk:
(a)
Erosion control statement fee, see current fee schedule.
(b)
Erosion control plan fee, see current fee schedule.
(c)
Actual engineering or other expenses incurred by the Village
in connection with the erosion control plan submitted will be billed
to the permittee.
(d)
Additions to existing structures of less than 500 square feet,
see current fee schedule.
(e)
All other construction activity under 20,000 square feet, see
current fee schedule.
(f)
Projects involving land disturbing construction activity of
20,000 square feet or more, see current fee schedule.
The Building Inspector shall inspect construction sites at times
appropriate to states of construction. If land disturbing or land
development activities are being carried out without a permit, the
Building Inspector may enter the land pursuant to the provisions or
§ 66.0119.
B.
Any permittee violating any provision of this article shall, within
24 hours of notification by the Building Inspector, cease all such
unlawful activities and comply with the control plan, control statement
or permit conditions or the Building Inspector may revoke such permit.
In such case the Village shall enter and remedy the site at the expense
of the permittee or bank issuing the letter of credit required by
this article.
C.
In those cases where any person not holding the required permit violates
any of the provisions of this article, such person shall, within five
days of notification by the Building Inspector, cease all unlawful
activities or the Building Inspector may seek a court order requiring
compliance with these regulations.
D.
The Building Inspector or the Board of Appeals may retract the stop-work
order or the revocation of permit.
E.
If the provisions of Subsection B or C above are not complied with within the specified time, the Building Inspector may within 24 hours of such time issue a written notice of intent to the permittee, landowner or land user of the Village's intent to perform work necessary to comply with these regulations. The Building Inspector may go on the land and commence the work after 24 hours from issuing the notice of intent. The costs of the work performed by the Village may be withdrawn from the line of credit. Any costs, plus interest at the rate authorized by the Village Board, incurred by the Village to bring the site into compliance with these regulations yet not covered due to a shortfall in the account used to secure the line of credit will be billed to the permittee or landowner. If a permittee or landowner fails to pay the amount due, the Village Board shall impose a special charge against the property under § 66.0627, Wis. Stats. If the amount is not paid, the special charge will be become a lien against the property under § 66.0627, Wis. Stats.
[Adopted as § 15.09 of the 2011 Code]
The intent of this article is to authorize the Village Engineer
to require stormwater management practices which will reduce the amount
of sediment, other pollutants, and peak flow of runoff from lands
undergoing development. This article shall apply to all land disturbance
activities occurring after adoption of this article.
This article is adopted by the Village of Williams Bay under
the authority granted by § 61.354, Wis. Stats., to fulfill
the objectives of § 281.33, Wis. Stats.
A.
Findings. The Village of Williams Bay finds that uncontrolled stormwater
runoff from land development activity has a significant impact upon
Geneva Lake, its watershed and other water resources; and the health,
safety, and general welfare of the surrounding communities. Specifically,
uncontrolled stormwater runoff can:
(1)
Diminish the capacity of Geneva Lake and streams within its watershed
to support fish, aquatic life, recreational, and water supply uses
by increasing loadings of nutrients and other urban pollutants;
(2)
Degrade physical stream habitat by increasing stream bank erosion,
increasing stream bed scour, diminishing groundwater recharge, and
diminishing stream base flows;
(3)
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads;
(4)
Reduce the quality of groundwater by increasing pollutant loads;
(5)
Threaten public health, safety, property, and general welfare by
overtaxing storm sewers, drainage ways and other minor drainage facilities;
(6)
Threaten public health, safety, property, and general welfare by
increasing major flood peaks and volumes;
(7)
Undermine floodplain management efforts by increasing the incidence
and levels of flooding; and
(8)
Diminish the public enjoyment of natural resources.
B.
Purpose. It is the purpose of this article to preserve the natural
resources; to protect the quality of the waters; and to protect and
promote the health, safety and welfare of the people, to the extent
practicable.
This article applies to land developing and land disturbing
activities on lands situated within the corporate limits of the Village
of Williams Bay.
As used in this article, the following terms shall have the
meanings indicated:
Use of land for planting, growing, cultivating and harvesting
of crops for human or livestock consumption and pasturing or yarding
of livestock.
The landowner or one of the landowners and/or land user or
users of a site subject to this article.
Any federal, state, or county trunk highway or any other
street or roadway, as determined by the Village Engineer, that provides
an important transportation link.
A natural or artificial watercourse constructed, with a definite
bed and banks to confine and conduct the normal flow of water.
Uncontaminated rock, stone, sand, soil, brick, building stone,
concrete, reinforced concrete, broken pavement, and unpainted or untreated
wood.
A practice or combination of practices to control erosion,
stormwater and attendant pollution.
The Wisconsin Department of Natural Resources.
A hypothetical discrete rainstorm characterized by specific
duration, temporal distribution, rainfall intensity, return frequency
and total depth of rainfall.
A type of stormwater basin which has a direct outlet and
serves to reduce water velocities and peak flows by outletting at
designed flow rates (to temporarily detain water flows). A detention
basin is considered wet if it is greater than three feet deep from
the permanent water level to the bottom of the basin.
A site which, due to land developing or disturbing activities,
has or will experience disturbance or destruction of the existing
land surface and/or vegetative cover.
The detachment and movement of soil, sediment or rock fragments
by means of water, ice or gravity.
A surface through which rainfall does not infiltrate. Rooftops,
sidewalks, parking lots, and street surfaces are examples of impervious
surfaces.
The construction or erection of buildings, roads, parking
lots, paved storage areas and other structures.
Any man-made construction upon or change of the land surface
including removal of vegetative cover, excavating, filling and grading
but not including agricultural land uses such as planting, growing,
cultivating and harvesting of crops, growing and tending of gardens;
harvesting of trees.
Any person operating upon, leasing, or renting land, or having
made any other arrangements with the landowner by which the land user
engages in uses of land which are sites subject to this article.
Any person holding title to or having an interest in a parcel
of land which includes a site subject to this article.
Located outside the property boundary described in the permit
application for land development activity.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the Village of
Williams Bay by the permit holder to assure that requirements of this
article are carried out in compliance with the stormwater management
plan.
Land which has runoff characteristics equivalent to runoff
curve numbers (CNs) of: 30, 58, 71, and 78 for Hydrologic Soil Groups
A, B, C, and D, respectively. This term is used for the purpose of
matching of pre and post development stormwater peak flows and volumes
as required by this article.
A type of stormwater basin which has no direct outlet and
empties by infiltration to the natural soil surface and by evaporation
(to retain all water).
The rainfall, snow melt, or irrigation water flowing over
the ground surface.
An artificially created holding pond or other catchment for
the purpose of capturing and retaining any sedimentation flowing off
of sites as a result of land developing or land disturbing activities.
Water, usually storm runoff, flowing in a thin layer of the
ground surface; also called "overland flow" (by convention, this distance
does not exceed 300 feet).
That parcel or other division of land set forth in the legal
description contained in the application on which the land disturbing
or land development activity is proposed to take place.
Precipitation runoff, snowmelt runoff, surface runoff and
drainage.
Artificially created holding pond or other catchment for
the purposes of retaining or detaining stormwater.
A plat of survey setting forth a written description of the
number, locations, sizes, and other pertinent data as to control measures
designed to meet the requirements of this article submitted by the
applicant for review and approval by the Village of Williams Bay.
The time for surface runoff to travel from the farthest point
in a watershed to the outlet point of the watershed. For purposes
of calculations used to meet the requirements of this article; the
following roughness coefficients shall be used:
|
Flow Regime
|
Predevelopment
|
Post-Development
|
|---|---|---|
|
Overland flow (length 300 feet)
|
n = 0.35
|
n 0.25
|
|
Shallow concentrated flow (Velocity = k* slope 0.5)*
|
k 2.5
|
k 15
|
|
Flow in vegetated channels
|
n = 0.10
|
n 0.04
|
|
NOTES:
| |
|---|---|
|
*
|
Velocity in feet/second; Slope in feet/foot.
|
All control measures required to comply with this article shall
meet with the design criteria, standards and specifications for the
control measures as set forth in "Natural Resources Conservation Service
Standards and Specifications" manual; criteria established by this
article, or criteria identified by the Village of Williams Bay.
A.
All sedimentation basins and other control measures necessary to
meet the requirements of this article shall be designed, constructed
and maintained by the applicant and his or her successors during the
pendency of the period of land disturbance and development of the
site in a satisfactory manner so as to ensure adequate performance
and to prevent the occurrence of nuisances. All stormwater basins
shall remain permanent and be maintained on site to the extent necessary
to meet the stormwater standards set forth by this article. Standards
for design, construction and maintenance of control measures shall
be set forth in the Natural Resources Conservation Service Technical
Guide, criteria established by this article, or criteria identified
by the Village of Williams Bay.
B.
The developer shall provide an easement to the Village of Williams
Bay for adequate access to structural management measures.
A.
Applicability.
(1)
This article applies to the following types of land disturbing or
land developing activities for stormwater control purposes:
(a)
Those involving the implementation of a residential development with
a gross aggregate impervious area of 1.5 acres or greater.
(b)
Those involving the development plan other than residential development
with a gross aggregate area of 1.5 acres or more or any nonresidential
land development which creates an impervious area of 0.5 acre or more.
(c)
Those developments which in the opinion of the Village of Williams
Bay are likely to result in stormwater runoff which exceeds the safe
capacity of the existing drainage facilities or receiving body of
water, which cause undue channel erosion, which increases water pollution
by scouring or the transportation of particulate matter or which endangers
down stream property.
(2)
This article does not apply to state, federal, or municipal highway,
street, or road construction.
B.
Requirements. The following requirements shall be met on all sites described in Subsection A:
(1)
Post-development release rates for the two-, ten-, and 100-year twenty-four-hour storm events must be no greater than the predevelopment discharge from the site. Predevelopment site conditions are defined in § 178-16 of this article. The Village of Williams Bay may impose stricter requirements in the case of inadequate downstream conveyance capacity.
(2)
Determination of peak flow rates and volume of runoff for purposes
of meeting the requirements of this article shall be computed by procedures
described in Urban Hydrology for Small Watersheds, TR-55 (Technical
Release 55) published by the Engineering Division, United States Natural
Resource Conservation Service (formerly known as the Soil Conservation
Service), United States Department of Agriculture, June 1992. Other
calculations methods may be required by the Village of Williams Bay,
or may be used by the applicant upon approval by the Village of Williams
Bay.
(3)
Design rainfalls depths to be used in stormwater calculations must
be from the point rainfall intensity-duration-frequency relationships
for Milwaukee, Wisconsin according to Southeastern Wisconsin Regional
Planning Commission report (Community Assistance Planning Report No.
152).
(4)
All naturally occurring contribution runoff entering the project
site must be included in the design of the drainage system. Design
must take into consideration any naturally occurring stormwater storage
which presently serves to reduce peak predevelopment runoff rates.
(5)
Contribution runoff entering the project from off site may be excluded
from detention calculations if the water is routed around disturbed
areas by use of stable watercourse(s).
(6)
All open channel stormwater conveyance systems shall provide safe
conveyance for peak flow from a twenty-five-year frequency, twenty-four-hour
rainfall event within the defined channel banks. All storm sewer systems
shall provide safe conveyance for peak flow from a ten-year frequency
rainfall without surcharging. All culverts for nonarterial roadways
shall provide safe conveyance for peak flow from a ten-year frequency
rainfall without overtopping.
(7)
Conveyance for the peak flow runoff from a 100-year twenty-four-hour
event shall be provided such that no inundation of, or damage to built
structures or arterial roadways shall occur.
(8)
Where feasible, all permanent storm sewer inlets must be stenciled
by the permit holder as part of the water quality strategy for protection
of surface waters and drainage to Lake Geneva.
(9)
Drainage systems may not result in transfer of drainage from one
delineated natural drainage area to another if reasonable alternatives
exist which would preserve natural drainage patterns. Drainage area
delineations must be shown on the stormwater plan.
(10)
All stormwater basins shall be permanent, aesthetically pleasing, if practical, and safe. Subsurface bottoms of wet basins must provide a safety ledge consistent with required design criteria identified in § 178-18.
(11)
All calculations must be provided to the Village of Williams
Bay to demonstrate that required stormwater criteria have been met.
All calculations must be certified by a professional licensed engineer
and be certified as complying with the technical standards and construction
specifications of the Village of Williams Bay.
(12)
Stormwater quality practices installed in compliance with this
article must remove 80% of the suspended solids. This condition may
be met by stormwater practices that are designed to store for a minimum
of 24 hours the runoff volume resulting from 1.5 inches of rain over
a four-hour period. Other methods that accomplish the 80% removal
of suspended solids can be used upon approval by the Village of Williams
Bay.
(14)
Wetlands shall not be used for reduction of nonpoint source
pollution in runoff water from the site.
(15)
Stormwater management facilities may also be subject to requirements
as specified in State of Wisconsin Administrative Code Chs. NR 116
and NR 320 and Chs. 30 and 88, Wis. Stats.
A.
No landowner or landowner's agent may commence a land disturbing
or developing activity subject to this article without receiving prior
approval of a stormwater control plan for the site and receiving a
permit from the Village of Williams Bay. The landowner, or landowner's
agent controlling or using the site and desiring to undertake a land
disturbing or land developing activity subject to this article shall,
in the capacity of applicant, submit an application for a permit and
stormwater control plan and pay the required application fee to the
Village of Williams Bay. By submitting an application, the applicant
is authorizing the Village of Williams Bay or designee to enter the
site to obtain information required for the review of the control
plan.
B.
Submission of an application by one of several land users or landowners
of particular site shall constitute an affirmation by said applicant
of authority to act on behalf of the other land users or landowners
to so apply and, upon issuance of a permit, to engage in land developing
or disturbing activities on the site. The Village of Williams Bay
shall be under no obligation to ascertain the legal authority of the
applicant to so act.
C.
Content of a stormwater control plan for land developing and disturbing
activities.
(1)
Existing site conditions. The plan must show existing site conditions
on a scale of at least one inch equals 100 feet. Surrounding areas
contributing runoff to the site shall be shown on a map of appropriate
scale to support the required stormwater runoff calculations. Maps
shall depict accurately:
(a)
Site boundaries and adjacent lands which accurately identify
site locations;
(b)
Lakes, streams, wetlands, channels, ponds, ditches and other
watercourses on and immediately adjacent to the site;
(c)
One-hundred-year floodplains, flood fringes and floodways;
(d)
Location of the predominant soil types;
(e)
Vegetative cover;
(f)
Location and dimensions of stormwater drainage systems and natural
drainage patterns on and immediately adjacent to the site;
(g)
Locations and dimensions of utilities, structures, roads, highways,
and paving; and
(h)
Site topography at a contour interval not to exceed two feet
when construction site has more than five acres of drainage or has
a 10% slope or greater. Areas with less than five acres or less than
10% slope shall not require any topography map unless the site requires
stormwater review according to applicability of this article or a
map is specifically requested by the review technician or designee.
Both existing and proposed contours must be shown on the same plan
to the same scale.
(2)
Final site conditions. Final site conditions on the same scale as
the existing site map showing the site changes.
(3)
All factors used to calculate peak flows from pre- and post-development
conditions and stormwater storage volume requirements. The Stormwater
Control Plan must specify the factors for each hydrologic unit analyzed
including: percent impervious; curve number; soil hydrologic group;
time of concentration factors (slope, length, Manning's "n" for overland,
shallow, and concentrated flow); and acres of each land use.
D.
Review of control plan.
(1)
Within 45 days of receipt of the application, stormwater control
plan, and fee, the Village of Williams Bay or designee shall review
the application and control plan to determine if the requirements
of this article are met.
(2)
The Village of Williams Bay or designee may request comments from
other departments or agencies. If the requirements of this article
are met, the Village of Williams Bay or designee shall approve the
plan and inform the applicant of intent to issue a permit. If the
conditions are not met, the Village of Williams Bay shall inform the
applicant in writing and may either require needed information or
disapprove the plan. Within 30 days of receipt of needed information,
the Village of Williams Bay or designee shall again determine if the
plan meets the requirements of this article. If the plan is disapproved,
the Village of Williams Bay shall inform the applicant in writing
of the reasons for the disapproval.
E.
Permits.
(1)
Duration. Permits 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 Plan Commission
may extend the period for up to an additional 180 days. The Plan Commission
may require additional control measures as a condition of the extension
if they are necessary to meet the requirements of this article.
(2)
Performance security. As a condition of approval and issuance of
the permit, the Village of Williams Bay may require the applicant
to deposit a letter of credit or cash escrow in the amount of not
less than the cost of constructing the stormwater practices. The guarantee
shall include all phases of the plan from the clearing and stockpiling
operations to final grading and landscaping including a maintenance
guarantee for a period of not less than two years from the recording
of the document or commencement of construction, whichever occurs
first. An agreement will be a part of this guarantee which will give
the Village of Williams Bay the authority to use the funds to complete
the project if the developer defaults or does not properly implement
the approved plan. This agreement shall be received by the Village
of Williams Bay prior to issuance of any permits and shall be effective
for a sufficient time period to perform the activities required, make
the appropriate inspections and approve the final installation. The
Village of Williams Bay may extend the agreement beyond its original
expiration date if necessary due to unexpected or unforeseen circumstances
beyond the control of the developer. A performance bond shall be replaced
with a maintenance guarantee for a stated period of time and in an
amount equal to a percentage of the cost of the construction of the
improvements and a cost overrun of 15%.
(3)
Permit conditions. All permits shall require the permittee, land
user or representative to:
(a)
Notify the Village of Williams Bay within 72 hours of commencing
any land developing or disturbing activity.
(b)
Notify the Village of Williams Bay of completion of any control
measures within 14 days after their installation.
(c)
Obtain permission in writing from the Village of Williams Bay
prior to modifying the control plan.
(d)
Install all control measures as identified in the approved control
plan.
(e)
Maintain all road drainage systems, stormwater drainage systems,
control measures and other facilities identified in the control plan.
(f)
Allow the Village of Williams Bay or designee to enter the site
for the purpose of inspecting compliance with the stormwater control
plan or performing any work necessary to bring the site into compliance
with the stormwater control plan; and
(g)
Keep a copy of the stormwater control plan on the site.
The Village of Williams Bay or designee shall inspect stormwater
control practices upon completion to insure compliance with this article.
A.
The Village of Williams Bay may post a stop-work order, or issue
a notice of intent to the permittee, landowner or landowner's agent,
to perform work necessary to comply with this article. Ten days after
posting a stop-work order, the Village of Williams Bay may issue a
notice of intent to the permittee or landowner or land user of the
Village of Williams Bay's intent to perform work necessary to comply
with this article. The Village of Williams Bay or designee may go
on the land and commence the work after 24 hours from issuing the
notice of intent. The costs of the work performed by the Village of
Williams Bay or designee, plus interest at the rate authorized by
the Village of Williams Bay shall be billed to the permittee or the
landowner. In the event a permittee or landowner fails to pay the
amount due, the Village Board shall impose a special charge against
the property pursuant to § 66.0627, Wis. Stats.
B.
If the permittee does not cease the activity or comply with the permit
conditions within 10 days, the Village of Williams Bay may revoke
the permit.
C.
If the landowner or landowner's agent where no permit has been issued
does not cease the activity within 10 days, the Village of Williams
Bay may obtain a cease-and-desist order.
D.
The Village of Williams Bay may retract the stop-work order or the
revocation.
E.
Any person who continues to conduct land disturbing activities on
a project site after being given written notice by the Village of
Williams Bay regarding need for permit review and approval prior to
conducting land disturbance subject to this article shall be in violation
of this article.
F.
Any person violating any of the provisions of this article shall
be subject to a forfeiture in accordance with the Village of Williams
Bay for each violation. Each day a violation exists shall constitute
a separate offense.
G.
Compliance with the provisions of this article may also be enforced
by injunction.
The recorded plat, certified survey, or land title for lands
which shall have stormwater controls must identify the permanent location
of all proposed stormwater facilities. Further, the recorded plat,
certified survey, or land title, in the absence of any other agreement
with the Village of Williams Bay must state that the facilities shall
be maintained by the property owner of record to assure its proper
function as a nonpoint source control practice. An operation and maintenance
plan shall be developed for all detention or retention basins. At
a minimum, the plan shall address sediment removal, inlet and outlet
maintenance, and keeping embankments clear of woody vegetation. The
plan may also need to address weed or algae growth and removal, insect
and wildlife control and landscaping practices.
A.
Board of Appeals. The Board of Appeals as created pursuant to Chapter 390, Zoning, of the Village Code functioning in accord with §§ 62.23(7)(e) and 68.11, Wis. Stats.:
(1)
Shall hear and decide appeals where it is alleged that there is an
error in any order, decision, or determination made by the Plan Commission
in administering this article;
(2)
Upon appeal, may authorize variances from the provisions of this
article which are not contrary to the public interest and where owing
to special conditions, a literal enforcement of the provisions of
this article will result in unnecessary hardship; and
(3)
Shall use the rules, procedures, duties and powers authorized by
statute in hearing and deciding appeals and authorizing variances.
B.
Who may appeal. Any applicant, permittee, landowner, or land user
may appeal any order, decision or determination made by the Plan Commission
in administering this article relative to sites in which such person
has an interest.
A.
The fees referred to in other sections of this article shall be established
by the Village of Williams Bay in a fee schedule and may from time
to time be modified by Village of Williams Bay. The processing fees
shall be related to costs involved in processing permit applications,
conditional use petitions, appeals to the Zoning Board of Appeals
and zoning amendments and changes.
B.
A double fee shall be charged by the Village of Williams Bay if work
is started before a permit is applied for and issued. Such double
fee shall not release the applicant from full compliance with this
article nor from prosecution for violation of this article.
