A.
This article applies to all construction sites within the jurisdiction
of the City involving sites with land-disturbing construction activity
of one acre or more, or sites less than one acre if they are part
of a larger common plan of development or sale under the control of
the permittee.
B.
This article does not apply to the following:
(1)
Stormwater discharges from projects directed and supervised by the
Wisconsin Department of Transportation in accordance with § NR
216.42(5), Wis. Adm. Code.
(2)
Agriculture. Stormwater discharges from planting, growing, cultivating
and harvesting of crops for human or livestock consumption and pasturing
or yarding of livestock, including sod farms and tree nurseries, are
not regulated by this article. This exemption does not include the
construction of structures such as barns, manure storage facilities
or barnyard runoff control systems.
(3)
Stormwater discharges from silviculture activities, including tree
nursery operations, tree harvesting operations, reforestation, tree
thinning, prescribed burning, and pest and fire control are not regulated
by this article. Clearing and grubbing of an area of a construction
site is not a silviculture activity.
(4)
Mill and crush operation. If construction activity does not result
in land-disturbing construction activity, including a mill and crush
operation that does not have soil disturbance, filling or road shoulder
grading, the activity is not regulated under this article.
(5)
Routine maintenance. Routine maintenance for project sites that involve
under five acres of land-disturbing construction activity that is
performed to maintain the original line and grade, hydraulic capacity,
or original purpose of the facility is not regulated under this article.
A.
Erosion Control and Stormwater Management Permit Required. Any person
desiring to undertake a construction activity subject to this chapter
shall obtain an erosion control and stormwater management permit from
the City prior to the commencement of the land-disturbing construction
activity. The permit can be issued as part of a City building permit
for the project site or where there is no building permit it can be
issued as a separate permit.
B.
Technical standards. All BMPs required to comply with this chapter
shall meet the design criteria, standards and specifications developed
by the Wisconsin Department of Natural Resources under Subchapter
V, § NR 151, Wis. Adm. Code, or other City-approved standards.
C.
Application requirements. Any person desiring to obtain an erosion
control and stormwater management permit shall submit the following
information:
(1)
An erosion control plan meeting the requirements of § NR
216.46, Wis. Adm. Code, and the applicable performance standards in
§ NR 151.11, Wis. Adm. Code, for construction sites (or
§ NR 151.23 for transportation facility sites).
(2)
A stormwater management plan meeting the requirements of § NR 216.47, Wis. Adm. Code, and the applicable performance standards in § NR 151.121 to NR 151.128, Wis. Adm. Code, for construction sites (or §§ NR 151.242 to NR 151.249, Wis. Adm. Code, for transportation facility sites) and § 240-8.
(4)
A plan to manage solid waste on construction sites such as discarded
building materials, concrete truck washout, chemicals, litter and
sanitary waste to reduce adverse impacts from stormwater runoff.
(5)
Applicable permit fees set by the City.
(6)
Surety Bond. As a condition of approval and issuance of the permit
the City 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 and stormwater management plan.
D.
Review and approval of permit application. The City's designee
shall review any erosion control and stormwater management permit
in accordance with the following procedures:
(1)
Within 20 days from the date the City of Hudson receives the application,
the City shall inform the applicant whether the application materials
are approved or disapproved based on the requirement of this chapter.
(2)
If all the requirements of this chapter have been met, the City shall
approve the application and issue a permit. If all the requirements
of this chapter have not been met, the City shall state in writing
the reasons for disapproval. In the case of disapproval, if the applicant
reapplies within 30 calendar days from the disapproval notification
date, with a revised application, an additional review fee will not
be administered, and the City will have 20 days to respond to the
revised application.
(3)
If within the twenty-day application review period, the City determines
that the application is incomplete, or requests additional information
from the applicant, the City shall have 20 days from the date the
additional information is received to review and act on the application.
(4)
Failure of the City to inform the applicant of missing information
or of a decision within the 20 days shall be deemed to mean approval
of the application, and the applicant may proceed as if a permit had
been issued.
E.
Standard permit conditions.
(1)
The erosion control plan components shall be implemented prior to
the start of any land-disturbing activity and shall be maintained
over the duration of the project. Stormwater components of the plan
shall be maintained for the life of the project.
(2)
The permittee is responsible for successful completion of the erosion
control plan and the stormwater management plan. The permittee shall
be liable for all costs incurred, including environmental restoration
costs, resulting from noncompliance with an approved plan.
(3)
Application for a permit shall constitute express permission by the
permittee and landowner for the City's designee to enter the
property for purposes of inspection to determine compliance with this
chapter.
(4)
All incidental mud-tracking off-site onto adjacent public thoroughfares
shall be cleaned up and removed by the end of each working day using
proper disposal methods.
(5)
A copy of the approved permit and erosion control plan shall be kept
on the project site, in a place readily accessible to contractors,
engineers, City inspection staff and other authorized personnel.
(6)
The permittee shall perform required inspections of the construction
site and also of the post-construction site following construction
and perform the repairs and/or maintenance required in accordance
with § NR 216.48(4), Wis. Adm. Code.
(7)
The permittee shall provide the City notice if there is a material change in design, construction, operation, or maintenance at the construction site which has not otherwise been addressed in the erosion control and stormwater management plans. In such a case an amendment to the permit shall be requested under Subsection G of this section.
F.
Permit transfers.
(1)
When a permittee transfers ownership, possession or control of real
estate subject to either or both an uncompleted erosion control or
stormwater management plan, the successor in interest to any portion
of the real estate shall be responsible to control soil erosion and
runoff and shall comply with the minimum standards provided in this
article; and the permittee shall notify the new owner of this obligation.
(2)
Transfers of interest in real estate subject to an approved but uncompleted
plan may be conducted consistent with this article under any of the
following arrangements:
(a)
The transferee files a new erosion control or stormwater management
plan, or both, to be approved by the City.
(b)
The transferee obtains an approved assignment from the City
as subpermittee to complete that portion of the approved plan regulating
soil erosion and runoff on the transferee's property.
G.
Plan or permit amendments.
(1)
Any proposed modifications to approved plans, construction schedules
or alterations to accepted sequencing of land-disturbing site activities
shall be approved by the City Engineer in consultation with the plan
review agency prior to implementation of said changes. This may require
an updated plan or modeling depending on the extent of the change.
(2)
The City shall approve or disapprove these changes after the revised
information is received from the applicant, but in no case shall the
review process extend beyond 20 days.
H.
Request for a variance.
(1)
An applicant may include in the application a request for a variance
from the requirements of this article.
(2)
No variance shall be granted unless the applicant demonstrates and
the City finds that all of the following conditions are present:
(a)
Enforcement of the standards set forth in this article will
result in unnecessary hardship to the landowner;
(b)
The hardship is due to exceptional physical conditions unique
to the property;
(c)
Granting the variance will not adversely affect the public health,
safety or welfare, nor be contrary to the spirit, purpose and intent
of this article;
(d)
The applicant has proposed an alternative to the requirement
from which the variance is sought that will provide equivalent protection
of the public health, safety and welfare, the environment and public
and private property;
(e)
The net cumulative effect of the variance will not impact downstream
conditions; and
(f)
Existing regional facilities are shown to meet the performance
standards of this article.
A.
Applicability. A site that meets any of the criteria in this Subsection A is exempt from the requirements of § 240-8 of this chapter:
(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 subsection does not include exemption from the protective
area standard of this chapter.
(2)
Agricultural facilities or practices.
(3)
Underground utility construction, but not including the construction
of any aboveground structures associated with utility construction.
B.
Responsible party. The responsible party shall comply with this section.
C.
Applicability of maximum extent. Maximum extent practicable applies
when a person who is subject to a performance standard of this chapter
demonstrates to the City's designee'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.
D.
Stormwater management plan. A written stormwater management plan in accordance with § 240-9 shall be developed and implemented for each post-construction site.
E.
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
chapter, whichever is more stringent.
F.
Requirements. The stormwater management plan required under Subsection D shall include the following:
(1)
Total suspended solids. BMPs shall be designed, installed and maintained
to control total suspended solids (TSS) carried in runoff from the
post-construction site as follows:
(a)
BMPs shall be designed in accordance with Table 1 or to the maximum extent practicable as provided in Subsection F(1)(b). 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
|
(b)
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.
(2)
Peak discharge.
(a)
By design, BMPs 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 predevelopment peak runoff discharge
rates, respectively, or to the maximum extent practicable. The runoff
curve numbers in Table 2 shall be used to represent the actual predevelopment
conditions. Peak discharges shall be calculated using TR-55 runoff
curve number methodology, Atlas 14 precipitation depths in Table 3
and the NRCS Wisconsin MSE3 precipitation distribution.
|
Table 2. Maximum Predevelopment Runoff Curve Numbers
| ||||
|---|---|---|---|---|
|
Runoff Curve Number
|
Hydrologic Soil Group
| |||
|
A
|
B
|
C
|
D
| |
|
Woodland
|
30
|
55
|
70
|
77
|
|
Grassland
|
39
|
61
|
71
|
78
|
|
Cropland
|
55
|
69
|
78
|
83
|
|
Table 3. Atlas 14 Precipitation Depths
| |
|---|---|
|
24-Hour Storm Event
|
Precipitation Depths
(inches)
|
|
1-year
|
2.46
|
|
2-year
|
2.82
|
(3)
Infiltration.
(a)
Best management practices. BMPs shall be designed, installed,
and maintained to infiltrate runoff in accordance with the following
or to the maximum extent practicable:
[1]
Low imperviousness. For development up to 40% connected imperviousness,
such as parks, cemeteries, and low-density residential development,
infiltrate sufficient runoff volume so that the post-development infiltration
volume shall be at least 90% of the predevelopment infiltration volume,
based on an average annual rainfall. However, when designing appropriate
infiltration systems to meet this requirement, no more than 1% of
the post-construction site is required as an effective infiltration
area.
[2]
Moderate imperviousness. For development with more than 40%
and up to 80% connected imperviousness, such as medium- and high-density
residential, multifamily development, industrial and institutional
development, and office parks, infiltrate sufficient runoff volume
so that the post-development infiltration volume shall be at least
75% of the 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.
[3]
High imperviousness. For development with more than 80% connected
imperviousness, such as commercial strip malls, shopping centers,
and commercial downtowns, infiltrate sufficient runoff volume so that
the post-development infiltration volume shall be at least 60% of
the 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.
(b)
Predevelopment. The predevelopment condition shall be the same
as specified in Table 2 of the peak discharge section of this article.
(c)
Source areas.
[1]
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 § 240-8F(3)(f):
[a]
Areas associated with a Tier 1 industrial facility
identified in § NR 216.21(2)(a), Wis. Adm. Code, including
storage, loading and parking. Rooftops may be infiltrated with the
concurrence of the regulatory authority.
[b]
Storage and loading areas of a Tier 2 industrial
facility identified in § NR 216.21(2)(b), Wis. Adm. Code.
Note to Users: Runoff from the employee and guest parking and
rooftop areas of a Tier 2 facility may be infiltrated but runoff from
the parking area may require pretreatment.
[c]
Fueling and vehicle maintenance areas. Runoff from
rooftops of fueling and vehicle maintenance areas may be infiltrated
with the concurrence of the regulatory authority.
[2]
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:
[a]
Parking areas and access roads less than 5,000
square feet for commercial development.
[b]
Parking areas and access roads less than 5,000 square feet for industrial development not subject to the prohibitions under Subsection F(3)(c)[1].
[d]
In-fill development areas less than five acres.
[e]
Roads on commercial, industrial and institutional
land uses, and arterial residential roads.
(d)
Location of practices.
[1]
Prohibitions. Infiltration practices may not be located in the
following areas:
[a]
Areas within 1,000 feet upgradient or within 100
feet downgradient of direct conduits to groundwater.
[b]
Areas within 400 feet of a community water system
well as specified in § NR 811.16(4), Wis. Adm. Code, or
within the separation distances listed in § NR 812.08, Wis.
Adm. Code, for any private well or noncommunity well for runoff infiltrated
from commercial, including multifamily residential, industrial and
institutional land uses or regional devices for one- and two-family
residential development.
[c]
Areas where contaminants of concern, as defined
in § NR 720.03(2), Wis. Adm. Code, are present in the soil
through which infiltration will occur.
[2]
Separation distances.
[a]
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
4:
|
Table 4. 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
|
[3]
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.
(e)
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.
(f)
Groundwater standards.
[1]
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, Wis. Adm. Code. However,
if site-specific information indicates that compliance with a preventive
action limit is not achievable, the infiltration BMP may not be installed
or shall be modified to prevent infiltration to the maximum extent
practicable.
[2]
Notwithstanding Subsection F(3)(f)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
(g)
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 F(3)(f). Pretreatment options may include, but are not limited to, oil and grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(4)
Protective areas.
(a)
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.
[1]
For outstanding resource waters and exceptional resource waters,
75 feet.
[2]
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.
[3]
For lakes, 50 feet.
[4]
For wetlands not subject to Subsection F(4)(a)[5] or [6], 50 feet.
[5]
For highly susceptible wetlands, 75 feet. Highly susceptible
wetlands include the following types: calcareous fens, sedge meadows,
open and coniferous bogs, low prairies, coniferous swamps, lowland
hardwood swamps, and ephemeral ponds.
[6]
For less susceptible wetlands, 10% of the average wetland width,
but no less than 10 feet nor more than 30 feet. Less susceptible wetlands
include degraded 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.
[7]
In Subsection F(4)(a)[4] to [6], determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in § NR 103.03, Wis. Adm. Code.
[8]
Wetland boundary delineation shall be made in accordance with
§ NR 103.08(1m), Wis. Adm. Code. This subsection 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.
[9]
For concentrated flow channels with drainage areas greater than
130 acres, 10 feet.
[10]
Notwithstanding Subsection F(4)(a)[1] to [9], the greatest protective area width shall apply where rivers, streams, lakes and wetlands are contiguous.
Note to User: A stream or lake is not eligible for a lower protective
area width even if contiguous to a less susceptible wetland.
(b)
Applicability. This section applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection F(4)(d).
(c)
Requirements. The following requirements shall be met:
[1]
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 stormwater management plan shall contain a written, site-specific
explanation.
[2]
Where land-disturbing construction activity occurs within a
protective area, adequate sod or self-sustaining vegetative cover
of 70% or greater shall be established and maintained where no impervious
surface is present. The adequate sod or self-sustaining vegetative
cover shall be sufficient to provide for bank stability, maintenance
of fish habitat, and filtering of pollutants from upslope overland
flow areas under sheet-flow conditions. Nonvegetative materials, such
as rock riprap, may be employed on the bank as necessary to prevent
erosion such as on steep slopes or where high-velocity flows occur.
Note to Users: It is recommended that seeding of noninvasive
vegetative cover be used in the protective areas. Some invasive plants
that should not be used are listed in Ch. NR 40, Wis. Adm. Code. Flood
and drought-tolerant vegetation that can provide long-term bank stability
because of an extensive root system is preferable. Vegetative cover
may be measured using the line transect method described in the University
of Wisconsin Extension Publication Number A3533, titled "Estimating
Residue Using the Line Transect Method."
[3]
BMPs such as filter strips, swales, or wet detention ponds,
that are designed to control pollutants from nonpoint sources, may
be located in the protective area.
Note to Users: Other laws, such as W.S.A. Ch. 30, and Chs. NR
103, 115, 116 and 117, Wis. Adm. Code, and their associated review
and approval processes may apply in the protective area.
(d)
Exemptions. This section does not apply to any of the following:
[2]
In-fill development areas less than five acres.
[3]
Structures that cross or access surface water such as boat landings,
bridges, and culverts.
[4]
Structures constructed in accordance with W.S.A. § 59.692(1v).
[5]
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.
Note to Users: A vegetated protective area to filter runoff pollutants from post-construction sites described in Subsection F(4)(d)[5] is not necessary since the runoff at that location is treated prior to entering the surface water. Other practices necessary to meet the requirements of this section, such as a swale or pond, will need to be designed and implemented to reduce runoff pollutants prior to runoff entering a surface water of the state.
(5)
Fueling and 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.
Note to Users: A combination of the following BMPs may be used:
oil and grease separators, canopies, petroleum spill cleanup materials,
or any other structural or nonstructural method of preventing or treating
petroleum in runoff.
(6)
Swale treatment for transportation facilities.
(a)
Requirement. Except as provided in Subsection F(6)(b), 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:
[1]
Swales shall be vegetated. However, where appropriate, nonvegetative
measures may be employed to prevent erosion or provide for runoff
treatment, such as rock riprap stabilization or check dams.
Note to Users: It is preferred that tall and dense vegetation
be maintained within the swale due to its greater effectiveness at
enhancing runoff pollutant removal.
[2]
Swales shall comply with Sections V.D. (Velocity and Depth)
and V.E. (Sale Geometry) with a swale treatment length as long as
that specified in Section V.C. (Modeling Parameters) of the Wisconsin
Department of Natural Resources Technical Standard 1005 "Vegetated
Swales," dated September 2016, or a superseding document. Transportation
facility swale treatment does not have to comply with other sections
of Technical Standard 1005.
(b)
Other requirements.
[1]
Notwithstanding Subsection F(6)(a), the City's designee 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:
[a]
An outstanding resource water.
[b]
An exceptional resource water.
[c]
Waters listed in Section 303(d) of the Federal
Clean Water Act that are identified as impaired in whole or in part,
due to nonpoint source impacts.
[d]
Water where targeted performance standards are
developed pursuant to § NR 151.004.
[2]
The transportation facility authority shall contact the City's
designee to determine if additional BMPs beyond a water quality swale
are needed under this subsection.
G.
General considerations for stormwater management measures. The following
considerations shall be observed in on-site and off-site runoff management:
(1)
Natural topography and land cover features such as natural swales,
natural depressions, native soil infiltrating capacity, and natural
groundwater recharge areas shall be preserved and used, to the extent
possible, to meet the requirements of this section.
(2)
Emergency overland flow for all stormwater facilities shall be provided
to prevent exceeding the safe capacity of downstream drainage facilities
and prevent endangerment of downstream property or public safety.
H.
BMP location.
(1)
To comply with the performance standards required under § 240-8 of this chapter, BMPs may be located on-site or off-site as part of a regional stormwater device, practice or system, but shall be installed in accordance with §§ NR 151.003.
Note to Users: This section does not supersede any other applicable
federal, state or local regulation such as Ch. NR 103, Wis. Adm. Code,
and W.S.A. Ch. 30,
(2)
The City's designee may approve off-site management measures,
provided that all of the following conditions are met:
(a)
The City's designee determines that the post-construction
runoff is covered by a stormwater management system plan that is approved
by the City of Hudson and that contains management requirements consistent
with the purpose and intent of this chapter.
(b)
The off-site facility meets all of the following conditions:
[1]
The facility is in place.
[2]
The facility is designed and adequately sized to provide a level
of stormwater control equal to or greater than that which would be
afforded by on-site practices meeting the performance standards of
this chapter.
[3]
The facility has a legally obligated entity responsible for
its long-term operation and maintenance.
(3)
Where a regional treatment option exists such that the City's
designee exempts the applicant from all or part of the minimum on-site
stormwater management requirements, the applicant shall be required
to pay a fee in an amount determined in negotiation with the City's
designee. In determining the fee for post-construction runoff, the
City's designee considers an equitable distribution of the cost
for land, engineering design, construction, and maintenance of the
regional treatment option.
I.
Additional requirements. The City of Hudson may establish stormwater
management requirements more stringent than those set forth in this
chapter if the City of Hudson determines that requirements are needed
to control stormwater quantity or control flooding, comply with federally
approved total maximum daily load requirements, or control pollutants
associated with existing development or redevelopment.
A.
Stormwater management plan requirements. The stormwater management plan required under § 240-8D shall contain at a minimum the following information:
(1)
Name, address, and telephone number for the following or their designees:
landowner; developer; project engineer for practice design and certification;
person(s) responsible for installation of stormwater management practices;
and person(s) responsible for maintenance of stormwater management
practices prior to the transfer, if any, of maintenance responsibility
to another party.
(2)
A proper legal description of the property proposed to be developed,
referenced to the U.S. Public Land Survey system or to block and lot
numbers within a recorded land subdivision plat.
(3)
Predevelopment site conditions, including:
(a)
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 two 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 stormwater 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 § NR 811.16, Wis. Adm. Code.
(b)
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).
(4)
Post-development site conditions, including:
(a)
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.
(b)
Explanation of any restrictions on stormwater management measures
in the development area imposed by wellhead protection plans and ordinances.
(c)
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 two 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 stormwater conveyance sections; location and type of all stormwater
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.
(d)
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).
(e)
Results of investigations of soils and groundwater required
for the placement and design of stormwater management measures. Detailed
drawings including cross-sections and profiles of all permanent stormwater
conveyance and treatment practices.
(5)
A description and installation schedule for the stormwater management practices needed to meet the performance standards in § 240-8.
(6)
A maintenance plan developed for the life of each stormwater management
practice, including the required maintenance activities and maintenance
activity schedule.
(7)
Cost estimates for the construction, operation, and maintenance of
each stormwater management practice.
(8)
Other information requested in writing by the City's designee
to determine compliance of the proposed stormwater management measures
with the provisions of this chapter.
(9)
All site investigations, plans, designs, computations, and drawings
shall be certified by a licensed professional engineer to be prepared
in accordance with accepted engineering practice and requirements
of this chapter.
A.
Any permittee subject to an erosion control and stormwater management
permit shall conduct site inspections in accordance with Ch. NR 216.48(4),
Wis. Adm. Code.
B.
Application for a permit under this article shall constitute permission
by the applicant and landowner for the City to enter upon the property
and inspect during the construction phase as necessary to confirm
compliance with the requirements of this article.
C.
As part of the plan approval process, the City shall determine the
minimum number of City inspections required to ensure compliance.
A.
Notice of installation and City review.
(1)
Within 10 days after installation of all practices in an approved
erosion control plan and achievement of soil stabilization, the permittee
shall notify the City Engineer. The City shall inspect the property
to verify compliance with the erosion control plan within 10 days
of notification of soil stabilization.
(2)
Within 10 days after installation of all practices in an approved
stormwater management plan, the permittee shall notify the City. The
City Engineer shall inspect the property to verify compliance within
10 days of notification.
B.
Certification of completion. At the time in which land-disturbing
construction activities at the construction site have been completed
the permittee shall provide a certification including the following:
(1)
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.
(2)
All stormwater improvements were constructed substantially in conformance
with the design plans, specifications, and modeling as applicable
and that the temporary erosion control BMPs have been removed. Provide
as-built plans, including topographic survey of the BMPs, of all permanent
stormwater improvements.
A long-term maintenance agreement shall be required for all
permanent stormwater BMPs installed to comply with the requirements
of this chapter. The long-term maintenance agreement shall, at a minimum,
contain the following information and provisions:
A.
Ownership. Identification of the owner(s) of the land parcel(s) where
the stormwater BMP(s) is located.
B.
Long-term maintenance plan. A description of all long-term maintenance
activities that will likely be required for each BMP included in the
agreement, and an estimated time interval between each activity.
C.
Access. Authorization for vehicle access, including a minimum fifteen-foot-wide
access easement dedicated to the City, to allow for future BMP maintenance
work.
D.
Maintenance Responsibility. Identification of the person(s), organization,
municipality or other entity responsible for long-term maintenance
of the stormwater BMP.
E.
Inspections shall be performed by the responsible party. The responsible
party shall maintain a log of inspection activities.
F.
Municipal maintenance. Authorization for the City or its designee
to carry out any maintenance activities and associated inspections
if the entity does not perform the required activity within the specified
time period or if the City does not accept the work conducted by the
designated entity.
G.
Special assessment. A statement that the applicable local unit of government may exercise its statutory authority to levy and collect a special assessment or charge pursuant to W.S.A. Subch. VII of Ch. 66 for any services carried out.
H.
Recording. Upon certification of compliance by the City of Hudson,
an abridged long-term maintenance agreement shall be recorded with
the County Register of Deeds referencing any plat, certified survey
or other ownership transfer device pertaining to land which contains
the subject stormwater BMP or is subject to maintenance responsibility
in the approved agreement. For new land divisions, the recording of
the long-term maintenance agreement shall occur simultaneously with
the recording of the land division. However, no stormwater BMP long-term
maintenance agreement shall be recorded prior to City of Hudson approval.
