Village of Suamico, WI Suamico Post-Construction Stormwater Management Zoning

Notwithstanding the applicability requirements in Paragraph (a), this chapter applies to post-construction sites of any size that, in the opinion of the Director, is 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 or that endangers property or public safety.

Jurisdiction. This chapter applies to post-construction sites within the boundaries and jurisdiction of the Village.

Exclusions. This chapter is not applicable to activities conducted by a state agency, as defined under Wis. Stats. § 227.01 (1), but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under Wis. Stats. § 281.33(2).

§ 10.16 Technical Standards.

The following methods shall be used in designing and maintaining the water quality, peak discharge, infiltration, protective area, and fueling/vehicle maintenance components of stormwater practices needed to meet the water quality standards of this chapter:

Technical standards identified, developed or disseminated by the Wisconsin Department of Natural Resources under Subchapter V of Chapter NR 151, Wis. Adm. Code.

Technical standards and guidance identified within the Village Stormwater Reference Guide.[1]

[1]

Editor's Note: The Stormwater Reference Guide is included as an attachment to this chapter.

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 Director.

(4)

In this chapter, the following year and location has been selected as average annual rainfall. Green Bay, 1969 (Mar. 29-Nov. 25).

§ 10.17 Performance Standards.

Responsible Party. The responsible party shall implement a post-construction stormwater management plan that incorporates the requirements of this section.

Plan. A written stormwater management plan in accordance with Section 10.19 shall be developed and implemented for each post-construction site.

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 stormwater management plan shall meet the following minimum requirements to the maximum extent practicable:

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. The total suspended solids reduction shall be based on the average annual rainfall as compared to no runoff management controls.

For post-construction sites with 20,000 square feet or more of proposed impervious surface and/or post-construction sites with one acre or more of land disturbance, the following is required:

Reduce the total suspended solids load by 80% for new development.

Reduce the total suspended solids load from parking areas and roads by 40% for redevelopment.

No total suspended solids load reduction is required for routine maintenance areas unless runoff from the routine maintenance area discharges into a proposed water quality BMP.

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.

For post-construction sites with less than 20,000 square feet of proposed impervious surface, reduce the total suspended solids load using BMPs from the Village Stormwater Reference Guide. These sites are not required to satisfy a numeric performance standard.

The amount of total suspended solids control previously required for the site shall not be reduced as a result of the proposed development or disturbance.

Notwithstanding Subds. 1 to 4., if the design cannot achieve the applicable total suspended solids reduction specified, the stormwater management plan shall include a written and site-specific explanation why that level of reduction is not attained and the total suspended solids load shall be reduced to the maximum extent practicable.

Peak Discharge. BMPs shall be designed, installed and maintained to control peak discharges from the post-construction site as follows:

For post-construction sites with 20,000 square feet or more of impervious surface and/or post-construction sites with one acre or more of land disturbance, the following is required:

The peak post-development discharge rate shall not exceed the peak pre-development discharge rate for the two-, ten-, and 100-year, twenty-four hour design storms. These peak discharge requirements apply to new development and redevelopment areas. No peak discharge control is required for routine maintenance areas, unless runoff from the routine maintenance area discharges into a proposed peak flow control facility.

TR-55 methodology shall be used for peak discharge calculations, unless the administering authority approves an equivalent methodology. The meaning of "hydrologic soil group" and "runoff curve number" are as determined in TR-55. Peak pre-development discharge rates shall be determined using the following runoff curve numbers:

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

For post-construction sites with less than 20,000 square feet of impervious surface disturbance, reduce peak post-development discharge rates using BMPs from the Village Stormwater Reference Guide. These sites are not required to satisfy a numeric performance standard.

The amount of peak discharge control previously required for the site shall not be reduced as a result of the proposed development or disturbance.

An adequate outfall shall be provided for each point of concentrated discharge from the post-construction site. An adequate outfall consists of non-erosive discharge velocities and reasonable downstream conveyance.

Exemptions. The following transportation facilities are not required to meet the peak discharge requirements of this Paragraph (b) provided the transportation facility is not part of a larger common plan of development or sale:

A transportation facility where the change in hydrology due to development does not increase the existing surface water elevation at any point within the downstream receiving surface water by more than 0.01 of a foot for the two year, twenty-four-hour storm event.

A Highway reconstruction site.

This subsection of the ordinance does not apply to any of the following:

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.

Except as provided under 10.17(3), a redevelopment post-construction site.

An in-fill development area less than five acres.

Infiltration. BMPs shall be designed, installed, and maintained to infiltrate runoff in accordance with the following, except as provided in Subds. 8. through 11.

For developments with 20,000 square feet or more of impervious surface disturbance and development with one acre or more of land disturbance, one of the following shall be met:

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.

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 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.

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 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.

Pre-development condition shall assume "good hydrologic conditions" for appropriate land covers as identified in TR-55 or an equivalent methodology approved by the administering authority. The meaning of "hydrologic soil group" and "runoff curve number" are as determined in TR-55. However, when pre-development land cover is cropland, rather than using TR-55 values for cropland, the following runoff curve numbers shall be used:

Maximum Pre-Development Runoff Curve #s - Cropland
Hydraulic Soil Group	A	B	C	D
Runoff Curve #	56	70	79	83

For residential and non-residential developments with less than 20,000 square feet of new impervious surfaces, infiltrate runoff volume using BMPs from the Village Stormwater Reference Guide. These sites are not required to satisfy a numeric performance standard.

The amount of infiltration previously required for the site shall not be reduced as a result of the proposed development or disturbance.

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 Subd. 11. Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.

Exclusions. Infiltration of runoff from the following areas are prohibited from meeting the infiltration requirements of this Paragraph (c):

Areas associated with tier one industrial facilities identified in S. NR 216.21(2)(a), Wis. Adm. Code, including storage, loading, rooftop and parking.

Storage and loading areas of tier two industrial facilities identified in S. NR 216.21(2)(b), Wis. Adm. Code.

Fueling and vehicle maintenance areas.

Areas within 1,000 feet upgradient or within 100 feet downgradient of Karst features.

Areas with less than three feet separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock, except this Subd. 8.e. does not prohibit infiltration of roof runoff.

Areas with runoff from industrial, commercial and institutional parking lots and roads and residential arterial roads with less than five feet separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock.

Areas within 400 feet of a community water system well as specified in S. NR 811.16(4), Wis. Adm. Code, or within 100 feet of a private well as specified in S. NR 812.08(4), Wis. Adm. Code, for runoff infiltrated from commercial, industrial and institutional land uses or regional devices for residential development.

Areas where contaminants of concern, as defined in S. NR 720.03(2), Wis. Adm. Code are present in the soil through which infiltration will occur.

Any area where the soil does not exhibit one of the following soil characteristics between the bottom of the infiltration system and the seasonal high groundwater and top of bedrock: at least a three-foot soil layer with 20% fines or greater; or at least a five-foot soil layer with 10% fines or greater. This does not apply where the soil medium within the infiltration system provides an equivalent level of protection. This Subd. 8.i. does not prohibit infiltration of roof runoff.

Exemptions. Infiltration of runoff from the following areas are not required to meet the infiltration requirements of this Paragraph (c):

Areas where the infiltration rate of the soil is less than 0.6 inch/hour measured at the site.

Parking areas and access roads less than 5,000 square feet for commercial and industrial development.

Redevelopment and routine maintenance areas.

In-fill areas less than five acres.

Infiltration areas during periods when the soil on the site is frozen.

Roads in commercial, industrial and institutional land uses, and arterial residential roads.

Highways provided the transportation facility is not part of a larger common plan of development or sale.

Where alternate uses of runoff are employed, such as for toilet flushing, laundry or irrigation, such alternate use shall be given equal credit toward the infiltration volume required by this paragraph.

Infiltration systems designed in accordance with this paragraph 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.

Notwithstanding Subd. Par. a., the discharge from BMPs shall remain below the enforcement standard at the point of standards application.

Protective Areas.

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. However, in this paragraph, "Protective Area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location.

For outstanding resource waters and exceptional resource waters, and for wetlands in areas of special natural resource interest as specified in S. NR 103.04, 75 feet.

For perennial and intermittent streams identified on a United States geological survey 7 1/2 minute series topographic map, or a county soil survey map, whichever is more current, 50 feet.

For lakes, 50 feet.

For wetlands, 50 feet unless variances and/or permits have been obtained from Brown County, the Department of Natural Resources, and the United States Army Corps of Engineers, as applicable.

In Subd. 1a., and d., 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.

For concentrated flow channels with drainage areas greater than 130 acres, 10 feet.

Notwithstanding Pars. a. to f., the greates protective aria width shall apply where rivers, streams, lakes and wetlands are contiguous.

Wetlands shall be Delineated. Wetland boundary delineations shall be made in accordance with S. NR 103.08(1m). This Paragraph (d) does not apply to wetlands that have been completely filled in accordance with all applicable state and federal regulations. The protective area for wetlands that have been partially filled in accordance with all applicable state and federal regulations shall be measured from the wetland boundary delineation after fill has been placed.

This Paragraph (d) applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subd. 6 below.

The following requirements shall be met:

Impervious surfaces shall be kept out of the protective area to the maximum extent practicable. The stormwater management plan shall contain a written site-specific explanation for any parts of the protective area that are disturbed during construction.

Where land disturbing construction activity occurs within a protective area, and where no impervious surface is present, adequate sod or self-sustaining vegetative cover of 70% or greater shall be established and maintained. The adequate sod or self-sustaining vegetative cover shall be sufficient to provide for 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.

Best management practices such as filter strips, swales, or wet detention basins that are designed to control pollutants from non-point sources may be located in the protective area.

A protective area established or created after the adoption date of this chapter shall not be eliminated or reduced, except as allowed in Subd. 6.b, c, or d below.

Exemptions. The following areas are not required to meet the protective area requirements of this Paragraph (d):

Redevelopment and routine maintenance areas provided the minimum requirements within Subd. 5 above are satisfied.

Structures that cross or access surface waters such as boat landings, bridges and culverts.

Structures constructed in accordance with Wis. Stats. § 59.692(1v).

Post-construction sites from which 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.

In-fill development areas less than five acres.

Fueling and Vehicle Maintenance Areas. Fueling and vehicle maintenance areas shall, to the maximum extent practicable, have BMPs designed, installed and maintained to reduce petroleum within runoff, such that the runoff that enters waters of the state contains no visible petroleum sheen.

Swale Treatment for Transportation Facilities. This Section 10.17(3)(f) is not applicable to transportation facilities that are part of a larger common plan of development or sale.

Applicability. Except as provided in Subd. 2., transportation facilities that use swales for runoff conveyance and pollutant removal meet all of the requirements of this section, if the swales are designed to the maximum extent practicable to do all of the following:

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.

Carry runoff through a swale for 200 feet or more in length that is designed with a flow velocity no greater than 1 1/2 feet per second for the peak flow generated using either a two year, twenty-four-hour design storm or a two year storm a duration equal to the time of concentration as appropriate. If a swale of 200 feet in length cannot be designed with a flow velocity of 1 1/2 feet per second or less, then the flow velocity shall be reduced to the maximum extent practicable.

Exemptions. The Director may, consistent with water quality standards, require other provisions of this section be met on a transportation facility with an average daily travel of vehicles greater than 2,500 and where the initial surface water of the state that the runoff directly enters is any of the following:

An outstanding resource water.

An exceptional resource water.

Waters listed in S. 303(d) of the Federal Clean Water Act that are identified as impaired in whole or in part due to nonpoint source impacts.

Waters where targeted performance standards are developed under S. NR 151.004, Wis. Adm. Code, to meet water quality standards.

Exemptions. The following areas are not required to meet the performance standards within Section 10.17(3):

Agricultural production areas with less than 100,000 square feet of impervious surface disturbance.

Underground utility construction such as water, sewer, gas, electric, telephone, cable television, and fiber optic lines. This exemption does not apply to the construction of any above ground structures associated with utility construction.

The following transportation facilities are exempt, provided the transportation facility is not part of a larger common plan of development or sale.

Reconditioning or resurfacing of a highway.

Minor reconstruction of a highway. Notwithstanding this exemption, the protective area requirements within NR 151.24(6) Wisconsin Administrative Code apply to minor reconstruction of a highway.

A redevelopment transportation facility with no increase in exposed parking lots or roads.

A transportation facility with less than 10% connected imperviousness based on complete development of the transportation facility, provided the cumulative area of all parking lots and rooftops is less than one acre.

Routine maintenance for transportation facilities if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.

(5)

General Considerations for Onsite and Offsite Stormwater Management Measures. The following considerations shall be observed in managing runoff:

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.

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.

(6)

Location and Regional Treatment Option.

The BMPs may be located onsite or offsite as part of a regional stormwater device, practice or system, but shall be installed in accordance with s. NR 151.003, Wis. Adm. Code.

Post-construction runoff within a non-navigable surface water that flows into a BMP, such as a wet detention pond, is not required to meet the performance standards of this chapter. Post-construction BMPs may be located in non-navigable surface waters.

Except as allowed under Par. (d), post-construction runoff from new development shall meet the post-construction performance standards prior to entering a navigable surface water.

Post-construction runoff from any development within a navigable surface water that flows into a BMP is not required to meet the performance standards of this chapter if:

The BMP was constructed prior to the effective date of this chapter and the BMP either received a permit issued under Wis. Stats. Ch. 30, or the BMP did not require a Wis. Stats. Ch. 30 permit; and

The BMP is designed to provide runoff treatment from future upland development.

Runoff from existing development, redevelopment and in-fill areas shall meet the post-construction performance standards in accordance with this paragraph.

To the maximum extent practicable, BMPs shall be located to treat runoff prior to discharge to navigable surface waters.

Post-construction BMPs for such runoff may be located in a navigable surface water if allowable under all other applicable federal, state and local regulations such as Ch. NR 103, Wis. Adm. Code and Wis. Stats. Ch. 30.

The discharge of runoff from a BMP, such as a wet detention pond or after a series of such BMPs is subject to this chapter.

The Director may approve offsite management measures provided that all of the following conditions are met:

The Director determines that the post-construction runoff is covered by a stormwater management system plan that is approved by the Engineer and that contains management requirements consistent with the purpose and intent of this chapter.

The offsite facility meets all of the following conditions:

The facility is in place.

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 onsite practices meeting the performance standards of this chapter.

The facility has a legally obligated entity responsible for its long-term operation and maintenance.

(h)

Where a regional treatment option exists such that the Director exempts the applicant from all or part of the minimum onsite stormwater management requirements, the applicant shall be required to pay a fee in an amount determined in negotiation with the Director. In determining the fee for post-construction runoff, the Director shall consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of the regional treatment option.

(7)

Alternate Requirements. The Director may establish stormwater management requirements more stringent than those set forth in this section if the Director determines that an added level of protection is needed to protect sensitive resources. Also, the Director may establish stormwater management requirements less stringent than those set forth in this section if the Director determines that less protection is needed to protect sensitive resources and provide reasonable flood protection. However, the alternative requirements shall not be less stringent than those requirements promulgated in rules by Wisconsin Department of Natural Resources under NR 151 Wisconsin Administrative Code.

§ 10.18 Permitting Requirements, Procedures, and Fees.

Permit Required. No responsible party may undertake a land disturbing construction activity for post-construction stormwater management without receiving a post-construction runoff permit from the Director prior to commencing the proposed activity.

Permit Application and Fees. Unless specifically excluded by this chapter, any responsible party desiring a permit shall submit to the Director a permit application made on a form provided by the Director for that purpose.

Unless otherwise excepted by this chapter, a permit application must be accompanied by a stormwater management plan, a maintenance agreement and a nonrefundable permit administration fee as set from time to time by resolution of the Board.

The stormwater management plan shall be prepared to meet the requirements of Section 10.17 and Section 10.19, the maintenance agreement shall be prepared to meet the requirements of Section 10.20, the financial guarantee shall meet the requirements of Section 10.21, and fees shall be set from time to time by resolution by the Board.

Review and Approval of Permit Application. The Director shall review any permit application that is submitted with a stormwater management plan, maintenance agreement, and the required fee. The following approval procedure shall be used:

Within 10 business days of the receipt of a complete permit application, including all items as required by Sub. (2), the Director shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this chapter.

If the stormwater permit application, plan and maintenance agreement are approved, or if an agreed upon payment of fees in lieu of stormwater management practices is made, the Director shall issue the permit.

If the stormwater permit application, plan or maintenance agreement is disapproved, the Director shall detail in writing the reasons for disapproval.

The Director may request additional information from the applicant. If additional information is submitted, the Director shall have 10 business days from the date the additional information is received to inform the applicant that the plan and maintenance agreement are either approved or disapproved.

Failure by the Director to inform the permit applicant of a decision within 10 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.

Any decision of the Director may be appealed by written request by the applicant to the Village Board of Appeals pursuant to Section 18.24(3). Said written notice of appeal must be filed with the Board of Appeals within 30 days of the Director's decision or be barred.

(4)

Permit Requirements. All permits issued under this chapter shall be subject to the following conditions, and holders of permits issued under this chapter shall be deemed to have accepted these conditions. The Director may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Director to suspend or revoke this permit may be appealed in accordance with Section 18.24 (3).

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.

The responsible party shall design and install all structural and non-structural stormwater management measures in accordance with the approved stormwater management plan and this permit.

The responsible party shall notify the Director at least 10 business days before commencing any work in conjunction with the stormwater management plan, and within 10 business days upon completion of the stormwater management practices. If required as a special condition under Sub. (5), the responsible party shall make additional notification according to a schedule set forth by the Director so that practice installations can be inspected during construction.

Practice installations required as part of this chapter shall be certified "as built" by a licensed professional engineer. Completed stormwater management practices must pass a final inspection by the Director or its designee to determine if they are in accordance with the approved stormwater management plan and chapter. The Director 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.

The responsible party shall notify the Director of any significant modifications it intends to make to an approved stormwater management plan. The Director may require that the proposed modifications be submitted to it for approval prior to incorporation into the stormwater management plan and execution by the responsible party.

The responsible party shall maintain all stormwater management practices in accordance with the stormwater management plan until the practices either become the responsibility of the Village or are transferred to subsequent private owners as specified in the approved maintenance agreement.

The responsible party authorizes the Director to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan, and consents to a special assessment or charge against the property as authorized under Wis. Stats. Ch. 66 Subch. VII, or to charging such costs against the financial guarantee posted Section 10.21.

(h)

If so directed by the Director, 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 stormwater management plan.

(i)

The responsible party shall permit property access to the Director for the purpose of inspecting the property for compliance with the approved stormwater 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 Director 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 Section 10.99(3), if the responsible party fails to comply with the terms of this permit.

(l)

The permit applicant shall post the "Certificate of Permit Coverage" in a conspicuous location at the construction site.

(5)

Permit Conditions. Permits issued under this subsection may include conditions established by Director in addition to the requirements needed to meet the performance standards in Section 10.17 or a financial guarantee as provided for in Section 10.21.

(6)

Permit Duration. Permits issued under this section shall be valid from the date of issuance through the date the Director notifies the responsible party that all stormwater management practices have passed the final inspection required under 10.18(4)(d).

§ 10.19 Stormwater Management Plan.

Plan Requirements. The stormwater management plan required under Section 10.17(3) shall comply with the Village Stormwater Reference Guide[1] and contain at a minimum the following information:

Name, address, and telephone number of the landowner and responsible parties.

A legal description of the property proposed to be developed.

Pre-development site map with property lines, disturbed limits, and drainage patterns.

Post-development site map with property lines, disturbed limits, and drainage patterns.

Total area of disturbed impervious surfaces within the site.

Total area of new impervious surfaces within the site.

Performance standards applicable to site.

Proposed best management practices.

Groundwater, bedrock, and soil limitations.

Separation Distances. Stormwater management practices shall be adequately separated from wells to prevent contamination of drinking water.

[1]

Editor's Note: The Stormwater Reference Guide is included as an attachment to this chapter.

Alternate Requirements. The Director may prescribe alternative submittal requirements for applicants seeking an exemption to onsite stormwater management performance standards under Section 10.17 (3)(a)4.

§ 10.20 Maintenance Agreement.

Maintenance Agreement Required. The maintenance agreement required under Section 10.18(2) for stormwater management practices shall be an agreement between the Village and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.

Agreement Provisions. The maintenance agreement shall contain the following information:

Identification of the stormwater facilities and designation of the drainage area served by the facilities.

A schedule for regular maintenance of each aspect of the stormwater management system.

Identification of the responsible parties responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan.

Requirement that the responsible parties shall maintain stormwater management practices.

Authorization for the Director to access the property to conduct inspections of stormwater management practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement.

A requirement on the Director 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 stormwater management practice into proper working condition.

Agreement that the party designated under Par. (c), as responsible for long-term maintenance of the stormwater management practices, shall be notified by the Director of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Director.

(h)

Authorization of the Director to perform the corrected actions identified in the inspection report if the responsible party designated under Par. (c) does not make the required corrections in the specified time period. The Director 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 Subch. VII.

§ 10.21 Financial Guarantee.

Establishment of the Guarantee. The Director may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the Director. The financial guarantee shall be in an amount determined by the Director to be the estimated cost of construction and the estimated cost of maintenance of the stormwater management practices during the period which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the Director the authorization to use the funds to complete the stormwater management practices if the responsible party defaults or does not properly implement the approved stormwater management plan, upon written notice to the responsible party by the Director that the requirements of this chapter have not been met.

Conditions for Release. Conditions for the release of the financial guarantee are as follows:

The Director shall release the portion of the financial guarantee established under this section, less any costs incurred by the Director to complete installation of practices, upon submission of "as built plans" by a licensed professional engineer. The Director may make provisions for a partial pro-rata release of the financial guarantee based on the completion of various development stages.