(1)
Applicability.
(a)
Where not otherwise limited by law, this chapter applies to
all post-construction sites, unless the site is otherwise exempt under
Paragraph (b).
(b)
A post-construction site that meets any of the criteria in this
paragraph is exempt from the requirements of this chapter.
1.
One and two family residential dwellings that are not part of
a larger common plan of development or sale and that result in less
than one acre of disturbance.
2.
Non-point discharges from agricultural activity areas.
3.
Non-point discharges from silviculture activities.
4.
Mill and crush operations.
(c)
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.
(2)
Jurisdiction. This chapter applies to post-construction sites within
the boundaries and jurisdiction of the Village.
(3)
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).
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:
(1)
Technical standards identified, developed or disseminated by the
Wisconsin Department of Natural Resources under Subchapter V of Chapter
NR 151, Wis. Adm. Code.
(2)
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.
(3)
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).
(1)
Responsible Party. The responsible party shall implement a post-construction
stormwater management plan that incorporates the requirements of this
section.
(2)
Plan. A written stormwater management plan in accordance with Section 10.19 shall be developed and implemented for each post-construction site.
(3)
Maintenance of Effort. For redevelopment sites where the redevelopment
will be replacing older development that was subject to post-construction
performance standards of NR 151 in effect on or after October 1, 2004,
the responsible party shall meet the total suspended solids reduction,
peak flow control, infiltration, and protective areas standards applicable
to the older development or meet the redevelopment standards of this
ordinance, whichever is more stringent.
(4)
Requirements. The stormwater management plan shall meet the following
minimum requirements to the maximum extent practicable:
(a)
Total Suspended Solids. BMPs shall be designed, installed and
maintained to control total suspended solids carried in runoff from
the post-construction site as follows. The total suspended solids
reduction shall be based on the average annual rainfall as compared
to no runoff management controls.
1.
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:
a.
Reduce the total suspended solids load by 80% for new development.
b.
Reduce the total suspended solids load from parking areas and
roads by 40% for redevelopment.
c.
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.
d.
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.
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.
3.
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.
4.
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.
(b)
Peak Discharge. BMPs shall be designed, installed and maintained
to control peak discharges from the post-construction site as follows:
1.
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:
a.
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.
b.
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
|
2.
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.
3.
The amount of peak discharge control previously required for
the site shall not be reduced as a result of the proposed development
or disturbance.
4.
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.
5.
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.
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.
b.
A Highway reconstruction site.
6.
This subsection of the ordinance does not apply to any of the
following:
(c)
Infiltration. BMPs shall be designed, installed, and maintained
to infiltrate runoff in accordance with the following, except as provided
in Subds. 8. through 11.
1.
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:
a.
Low Imperviousness. For development up to 40% connected imperviousness,
such as parks, cemeteries, and low density residential development,
infiltrate sufficient runoff volume so that the post-development infiltration
volume shall be at least 90% of the pre-development infiltration volume,
based on an average annual rainfall. However, when designing appropriate
infiltration systems to meet this requirement, no more than 1% of
the post-construction site is required as an effective infiltration
area.
b.
Moderate Imperviousness. For development with more than 40%
and up to 80% connected imperviousness, such as medium and high density
residential, multi-family development, industrial and institutional
development, and office parks, infiltrate sufficient runoff volume
so that the post-development infiltration volume shall be at least
75% of the 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.
c.
High Imperviousness. For development with more than 80% connected
imperviousness, such as commercial strip malls, shopping centers,
and commercial downtowns, infiltrate sufficient runoff volume so that
the post-development infiltration volume shall be at least 60% of
the 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.
2.
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
|
3.
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.
4.
The amount of infiltration previously required for the site
shall not be reduced as a result of the proposed development or disturbance.
5.
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.
6.
Exclusions. Infiltration of runoff from the following areas
are prohibited from meeting the infiltration requirements of this
Paragraph (c):
a.
Areas associated with tier one industrial facilities identified
in S. NR 216.21(2)(a), Wis. Adm. Code, including storage, loading,
rooftop and parking.
b.
Storage and loading areas of tier two industrial facilities
identified in S. NR 216.21(2)(b), Wis. Adm. Code.
c.
Fueling and vehicle maintenance areas.
d.
Areas within 1,000 feet upgradient or within 100 feet downgradient
of Karst features.
e.
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.
f.
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.
g.
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.
h.
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.
i.
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.
7.
Exemptions. Infiltration of runoff from the following areas
are not required to meet the infiltration requirements of this Paragraph
(c):
a.
Areas where the infiltration rate of the soil is less than 0.6
inch/hour measured at the site.
b.
Parking areas and access roads less than 5,000 square feet for
commercial and industrial development.
c.
Redevelopment and routine maintenance areas.
d.
In-fill areas less than five acres.
e.
Infiltration areas during periods when the soil on the site
is frozen.
f.
Roads in commercial, industrial and institutional land uses,
and arterial residential roads.
g.
Highways provided the transportation facility is not part of
a larger common plan of development or sale.
8.
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.
9.
a.
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.
b.
Notwithstanding Subd. Par. a., the discharge from BMPs shall
remain below the enforcement standard at the point of standards application.
(d)
Protective Areas.
1.
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.
a.
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.
b.
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.
c.
For lakes, 50 feet.
d.
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.
e.
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.
f.
For concentrated flow channels with drainage areas greater than
130 acres, 10 feet.
g.
Notwithstanding Pars. a. to f., the greates protective aria
width shall apply where rivers, streams, lakes and wetlands are contiguous.
2.
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.
3.
This Paragraph (d) applies to post-construction sites located
within a protective area, except those areas exempted pursuant to
Subd. 6 below.
4.
The following requirements shall be met:
a.
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.
b.
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.
c.
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.
5.
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.
6.
Exemptions. The following areas are not required to meet the
protective area requirements of this Paragraph (d):
a.
Redevelopment and routine maintenance areas provided the minimum
requirements within Subd. 5 above are satisfied.
b.
Structures that cross or access surface waters such as boat
landings, bridges and culverts.
c.
Structures constructed in accordance with Wis. Stats. § 59.692(1v).
d.
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.
e.
In-fill development areas less than five acres.
(e)
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.
(f)
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.
1.
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:
a.
Be vegetated. However, where appropriate, non-vegetative measures
may be employed to prevent erosion or provide for runoff treatment,
such as rock riprap stabilization or check dams.
b.
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.
2.
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:
a.
An outstanding resource water.
b.
An exceptional resource water.
c.
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.
d.
Waters where targeted performance standards are developed under
S. NR 151.004, Wis. Adm. Code, to meet water quality standards.
(g)
Exemptions. The following areas are not required to meet the performance standards within Section 10.17(3):
1.
Agricultural production areas with less than 100,000 square
feet of impervious surface disturbance.
2.
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.
3.
The following transportation facilities are exempt, provided
the transportation facility is not part of a larger common plan of
development or sale.
a.
Reconditioning or resurfacing of a highway.
b.
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.
c.
A redevelopment transportation facility with no increase in
exposed parking lots or roads.
d.
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.
e.
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:
(a)
Natural topography and land cover features such as natural swales,
natural depressions, native soil infiltrating capacity, and natural
groundwater recharge areas shall be preserved and used, to the extent
possible, to meet the requirements of this section.
(b)
Emergency overland flow for all stormwater facilities shall
be provided to prevent exceeding the safe capacity of downstream drainage
facilities and prevent endangerment of downstream property or public
safety.
(6)
Location and Regional Treatment Option.
(a)
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.
(b)
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.
(c)
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.
(d)
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:
(e)
Runoff from existing development, redevelopment and in-fill
areas shall meet the post-construction performance standards in accordance
with this paragraph.
1.
To the maximum extent practicable, BMPs shall be located to
treat runoff prior to discharge to navigable surface waters.
2.
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.
(f)
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.
(g)
The Director may approve offsite management measures provided
that all of the following conditions are met:
1.
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.
2.
The offsite facility meets all of the following conditions:
a.
The facility is in place.
b.
The facility is designed and adequately sized to provide a level
of stormwater control equal to or greater than that which would be
afforded by onsite practices meeting the performance standards of
this chapter.
c.
The facility has a legally obligated entity responsible for
its long-term operation and maintenance.
(h)
Where a regional treatment option exists such that the 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.
(1)
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.
(2)
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.
(a)
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.
(b)
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.
(3)
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:
(a)
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.
(b)
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.
(c)
If the stormwater permit application, plan or maintenance agreement
is disapproved, the Director shall detail in writing the reasons for
disapproval.
(d)
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.
(e)
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.
(f)
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).
(a)
Compliance with this permit does not relieve the responsible
party of the responsibility to comply with other applicable federal,
state, and local laws and regulations.
(b)
The responsible party shall design and install all structural
and non-structural stormwater management measures in accordance with
the approved stormwater management plan and this permit.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(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).
(1)
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:
(a)
Name, address, and telephone number of the landowner and responsible
parties.
(b)
A legal description of the property proposed to be developed.
(c)
Pre-development site map with property lines, disturbed limits,
and drainage patterns.
(d)
Post-development site map with property lines, disturbed limits,
and drainage patterns.
1.
Total area of disturbed impervious surfaces within the site.
2.
Total area of new impervious surfaces within the site.
3.
Performance standards applicable to site.
4.
Proposed best management practices.
5.
Groundwater, bedrock, and soil limitations.
6.
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.
(1)
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.
(2)
Agreement Provisions. The maintenance agreement shall contain the
following information:
(a)
Identification of the stormwater facilities and designation
of the drainage area served by the facilities.
(b)
A schedule for regular maintenance of each aspect of the stormwater
management system.
(c)
Identification of the responsible parties responsible for long-term
maintenance of the stormwater management practices identified in the
stormwater management plan.
(d)
Requirement that the responsible parties shall maintain stormwater
management practices.
(e)
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.
(f)
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.
(g)
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.
(1)
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.
(2)
Conditions for Release. Conditions for the release of the financial
guarantee are as follows:
(a)
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.
(b)
The Director shall release the portion of the financial guarantee
established under this section to assure maintenance of stormwater
practices, less any costs incurred by the Director, at such time that
the responsibility for practice maintenance is passed on to another
entity via an approved maintenance agreement.
