[Ord. No. 816, § IV, 1-6-2009; Ord. No. 914, § I, 5-17-2016; Ord. No. 928, § I, 4-18-2017]
This section is adopted by the Village Board of the Village
of Mukwonago under the authority granted by W.S.A., §§ 61.354,
92.07(15), 281.33 and Ch. 236. The requirements of this section do
not preempt more stringent erosion and sediment control requirements
that may be imposed by any of the following:
(a)
Wisconsin Department of Natural Resources administrative rules, permits
or approvals, including those authorized under W.S.A., §§ 281.16
and 283.33.
(b)
Targeted non-agricultural performance standards promulgated under
rules by the Wisconsin Department of Natural Resources under NR151.004
Wis. Adm. Code.
[Ord. No. 816, § IV, 1-6-2009]
(a)
The Village of Mukwonago Board finds that uncontrolled stormwater
runoff and construction site erosion from land development and land
disturbing activity can have significant adverse impacts upon local
water resources and the health, safety and general welfare of the
community, and diminish the public enjoyment and use of natural resources.
Specifically, uncontrolled soil erosion and stormwater runoff can:
(1)
Degrade physical stream habitat by increasing stream bank erosion,
increasing stream bed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperatures;
(2)
Diminish the capacity of lakes and streams to support fish,
aquatic life, recreational and water supply uses by increasing pollutant
loadings of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants;
(3)
Alter wetland communities by changing wetland hydrology and
increasing pollutant loads;
(4)
Reduce the quality of groundwater by increasing pollutant loading;
(5)
Threaten public health, safety, property, and general welfare
by increasing runoff volumes and peak flood flows and overburdening
storm sewers, drainageways and other storm drainage systems;
(6)
Undermine floodplain management efforts by increasing the incidence
and levels of flooding; and
(7)
Generate airborne particulate concentrations that are health-threatening
or may cause other damage to property or the environment.
[Ord. No. 816, § IV, 1-6-2009]
(a)
The general purpose of this ordinance is to establish regulatory
requirements for land development and land disturbing activities aimed
to minimize the threats to public health, safety, welfare, and the
natural resources of the Village of Mukwonago from construction site
erosion and post-construction stormwater runoff. Specific purposes
are to:
(1)
Further the maintenance of safe and healthful conditions.
(2)
Prevent and control the adverse effects of stormwater; prevent
and control soil erosion; prevent and control water pollution; protect
spawning grounds, fish and aquatic life; establish erosion control
and stormwater standards for building sites, placement of structures
and land uses; and preserve ground cover and scenic beauty.
(3)
Control exceedance of the safe capacity of existing drainage
facilities and receiving water bodies; prevent undue channel erosion;
control increases in the scouring and transportation of particulate
matter; and prevent conditions that endanger property.
(b)
Through a single stormwater permit process, this ordinance is intended
to meet the current construction site erosion control and post-construction
stormwater management regulatory requirements of Subchapter III of
both NR 151 and NR 216, Wis. Adm. Code, on the effective date of this
ordinance. Nothing in this ordinance prevents the Wisconsin Department
of Natural Resources from adopting or enforcing more stringent stormwater
management requirements in future revisions of the Wisconsin Administrative
Code.
(c)
Provisions have also been incorporated to coordinate the stormwater
permit requirements of this ordinance with other Village zoning and
land division regulations.
(d)
The Village Board recognizes that the preferred method of addressing
post-construction stormwater runoff from land development activities
is through the preparation and implementation of regional stormwater
management plans that cover hydrologic units, such as watersheds or
subwatersheds. Accordingly, provisions have been incorporated into
this ordinance to allow for the implementation of a regional stormwater
management plan in lieu of complying with certain on-site stormwater
management requirements. Where such stormwater management plans have
not been developed or approved by the Village Board, it is the intent
of the Village Board that the generic stormwater management standards
set forth in this ordinance be applied unless otherwise recommended
by the Village engineer.
[Ord. No. 816, § IV, 1-6-2009; amended 7-20-2022 by Ord. No. 1005]
The Village of Mukwonago Public Works Director, Engineer, Village
Administrator, and Zoning Administrator are designated to administer
and enforce the provisions of this ordinance. The Village Public Works
Director, Engineer, Village Administrator, and Village Zoning Administrator
shall also make recommendations, where appropriate, to the Village
of Mukwonago Board relative to matters related to erosion and sediment
control and stormwater management.
[Ord. No. 816, § IV, 1-6-2009]
This ordinance applies to land disturbing activities within
the boundaries of the Village of Mukwonago, Wisconsin and within its
extraterritorial plat approval jurisdiction under W.S.A., ch. 236.
[Ord. No. 816, § IV, 1-6-2009; Ord. No. 914, § II, 5-17-2016; Ord. No. 928, § II, 4-18-2017]
(a)
APPLICABLE REVIEW AUTHORITIES
APPLICANT
(1)
(2)
(3)
(4)
(5)
BEST MANAGEMENT PRACTICE or BMP
COMMON PLAN OF DEVELOPMENT
CONNECTED IMPERVIOUS SURFACE
CONSTRUCTION SITE
CROPLAND
DESIGN STORM
DEWATERING
EFFECTIVE INFILTRATION AREA
ENVIRONMENTAL CORRIDOR (PRIMARY AND SECONDARY)
ENVIRONMENTALLY SENSITIVE AREA
EROSION
FILTERING LAYER
FINAL PLAT
GROUNDWATER RECHARGE AREAS
ILLICIT CONNECTION
IMPERVIOUS SURFACE
IMPRACTICABLE
IN-FILL DEVELOPMENT
INFILTRATION
INFILTRATION SYSTEM(S)
KARST FEATURES
LAND DEVELOPMENT ACTIVITY or LAND DEVELOPMENT
LAND DISTURBING ACTIVITY or DISTURBANCE
MAXIMUM EXTENT PRACTICABLE or MEP
NONMETALLIC MINING
OFF-SITE BMP
ORDINARY HIGH WATER MARK (OHWM)
PERMIT HOLDER
PERVIOUS SURFACE
PLANNED LAND USE
PLAT
POLLUTANT
POLLUTION
PRELIMINARY PLAT
PREVENTIVE ACTION LIMIT
PUBLICLY FUNDED
REDEVELOPMENT
REGIONAL STORM WATER MANAGEMENT PLAN
REGULATORY AGENCY
RESPONSIBLE PARTY
ROAD
RUNOFF
SEDIMENT
SITE
STABILIZED
STORM DRAINAGE SYSTEM
STORMWATER
STORMWATER BMP
STORMWATER PERMIT
SUBDIVISION
TECHNICAL STANDARD
TOP OF CHANNEL
UTILITY
VILLAGE MAPPING STANDARDS
WARM SEASON AND WETLAND PLANTINGS
WATERS OF THE STATE
WETLANDS
WOODLAND
WORKING DAY
As used in this division, the following terms shall have the meanings
indicated:
The Village planning commission, the Village Board, the Village
Zoning Administrator, and the Village engineer, depending on the type
of project and its location.
Any person or entity holding fee title to the property or
their representative. The applicant shall become the "permit holder"
once a permit is issued. The applicant shall sign the initial permit
application form in accordance with subsections (1) through (5) below,
after which the applicant may provide the Village written authorization
for others to serve as the applicant's representative:
In the case of a corporation, by a principal executive officer
of at least the level of vice president or by the officer's authorized
representative having the authority to transmit instructions, receive
information, render decisions and having overall responsibility for
the operation of the site for which a permit is sought.
In the case of a limited liability company, by a member or manager.
In the case of a partnership, by the general partner.
In the case of a sole proprietorship, by the proprietor.
For a unit of government, by a principal executive officer,
ranking elected official or other duly authorized representative.
Structural and non-structural measures, practices, techniques
or devices employed to avoid or minimize sediment or other pollutants
carried in runoff or to reduce runoff volumes or peak flows.
All lands included within the boundary of a certified survey
map or subdivision plat created for the purpose of development or
sale of property where integrated, multiple, separate and distinct
land developing activity may take place at different times by future
owners.
An impervious surface connected to the waters of the state
via a separate storm sewer, a common impervious flow path or a minimally
impervious flow path.
An area where one or more land disturbing activities occur,
including areas that may be part of a larger common plan of development.
Land cultivated in annual agricultural crops such as corn
and soybeans, or small grains such as wheat or oats.
A hypothetical depth of rainfall that would occur for the stated return frequency (i.e. once every two years or 10 years), duration (i.e. 24-hours) and timing of distribution (i.e. type II). All values are based on the historical rainfall records for the area. Design storms used in this section are summarized in § 34-111(a).
The removal of trapped water from a construction site to
allow land development or utility installation activities to occur.
The area of the infiltration system that is used exclusively
to infiltrate runoff and does not include the area used for site access,
berms or pretreatment.
A composite of the best individual elements of the natural
resource base including surface water, streams, and rivers and their
associated floodlands and shorelands; woodlands, wetlands and wildlife
habitat; areas of ground water discharge and recharge; organic soils,
rugged terrain and high relief topography; and significant geological
formations and physiographic features. A description of the process
of defining and delineating environmental corridors is set forth in
the Southeastern Wisconsin Regional Planning Commission's Technical
Record, Volume 4, No. 2 and is incorporated herein by reference.
Any area that, due to the natural resources present or the
lack of filtering capacity, is more susceptible to the adverse impacts
of sediment and other pollutants associated with erosion and urban
runoff. Examples include environmental corridors, direct hydrologic
connections to lakes, streams, wetlands, groundwater or other water
resources, or very coarse or shallow soils above groundwater or bedrock.
The process of detachment, transport and deposition of soil,
sediment or rock fragments by action of water, wind, ice or gravity.
Soil that has at least a three-foot deep layer with at least
20% that passes through a #200 sieve (fines); or at least a five-foot
deep layer with at least 10% that passes through a #200 sieve (fines);
or another medium exists with an equivalent level of protection, as
determined by the Village engineer.
A map of a proposed condominium or subdivision to be recorded
with the county register of deeds pursuant Wisconsin Statutes.
Lands identified in a document published by the Village of
Mukwonago or the Southeastern Wisconsin Regional Planning Commission,
or as indicated by the Village engineer as groundwater recharge areas;
or where, prior to any land disturbing or land development activity,
precipitation or runoff could only leave the area by infiltrating
the ground, thereby recharging the groundwater.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal non-storm water discharge to enter the storm
drain system, including but not limited to: sewage, process wastewater
and wash water, any connections to the storm drain system from indoor
drains and sinks, regardless of whether said drain or connection had
been allowed, permitted, or approved by a government agency, prior
to the adoption of this section.
An area that releases all or a large portion of the precipitation
that falls on it, except for frozen soil. Conventional rooftops and
asphalt or concrete sidewalks, driveways, parking lots and streets
are typical examples of impervious surfaces. For purposes of this
division, typical gravel driveways and other examples listed shall
be considered impervious unless specifically designed to encourage
infiltration or storage of runoff.
That complying with a specific requirement would cause undue
economic hardship and that special conditions exist that are beyond
the control of the applicant and would prevent compliance.
Land development that occurs where there was no previous
land development and is surrounded by other existing land development;
The entry of precipitation or runoff into or through the
soil.
A device or practice such as a basin, trench, rain garden,
pervious pavement or swale designed specifically to encourage infiltration,
but does not include natural infiltration in pervious surfaces such
as lawns, redirecting of rooftop downspouts onto lawns or minimal
infiltration from practices, such as swales or road side channels
designed for conveyance and pollutant removal only.
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater,
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
Any construction related activity that may ultimately result
in the addition of impervious surfaces, such as the construction of
buildings, roads, parking lots and other structures.
Any man-made alteration of the land surface that may result
in a change in the topography or existing vegetative or non-vegetative
soil cover, or may expose soil and lead to an increase in soil erosion
and movement of sediment. Land disturbing activity includes clearing
and grubbing for future land development, excavating, filling, grading,
building construction or demolition, dewatering, or dredging related
to storm water BMP maintenance. Repaving is considered a land disturbing
activity only if the subgrade material below the pavement is removed,
replaced or significantly regraded.
An acceptable level of implementing best management practices
to achieve a performance standard specified in this division, as determined
by the Village engineer. In determining MEP, the Village engineer
shall take into account the best available technology, cost effectiveness
and other competing issues such as human safety and welfare, endangered
and threatened resources, historic properties and geographic features.
MEP allows flexibility in the way to meet the performance standards
and may vary based on the performance standard and site conditions.
Has the meaning specified under W.S.A., § 295.11(3).
Best management practice(s) that are located outside of the
boundaries of the site covered by a permit application. Off-site BMPs
are usually installed as part of a regional storm water management
plan approved by a local government.
Has the meaning given in s. NR115 Wis. Admin. Code.
Any person or entity issued a storm water permit under this
division or their successors in interest with respect to the property
to which the permit applies. (See also definition of "applicant".)
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests and similar vegetative
areas are examples of surfaces that typically are pervious.
The land use designated in the latest version of the Village
of Mukwonago land use plan.
A map of a proposed condominium or subdivision.
As per W.S.A., § 283.01(13) means any dredged spoil,
solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage
sludge, munitions, chemical wastes, biological materials, radioactive
substance, heat, wrecked or discarded equipment, rock, sand, cellar
dirt and industrial, municipal and agricultural waste discharged into
water.
As per W.S.A., § 283.01(10) means man-made or man-induced
alteration of the chemical, physical, biological or radiological integrity
of water.
A map showing the salient features of a proposed condominium
or subdivision submitted to an approving authority for purposes of
preliminary consideration.
Has the meaning given in NR109.05(17), Wis. Admin. Code.
A land disturbing or land development activity, such as a
public road or municipal building, that is being funded solely by
a town, city, Village, county, state or federal government. It does
not include new roads or other structures built with private funds,
or a combination of public and private funds, and subsequently dedicated
to a unit of government.
Land development that replaces previous land development
of similar impervious conditions.
A planning document, adopted by a local unit of government,
that coordinates storm water management activities for an entire drainage
area or watershed, including future land development activities within
the watershed. The plan may prescribe the use of BMPs for individual
development sites and for selected points within the watershed to
meet the goals and objectives of the plan.
A public agency that the Village Board and Village engineer
recognizes as having the legal authority to review and approve erosion
control and storm water management plans and enforce their implementation,
with requirements at least as restrictive as this division.
Any person or entity holding fee title to the property or
acting as the owners representative, including any person, firm, corporation
or other entity performing services, contracted, subcontracted or
obligated by other agreement to design, implement, inspect, verify
or maintain the BMPs and other approved elements of erosion control
and storm water plans and permits under this division.
As used in this division means any access drive that serves
more than two residences or businesses.
Water from rain, snow or ice melt, or dewatering that moves
over the land surface via sheet or channelized flow.
Settleable solid material that is transported by runoff,
suspended within runoff or deposited by runoff away from its original
source.
The entire area included in the legal description the subject
property.
That all land disturbing activities are completed and that
a uniform, perennial vegetative cover has been established with a
density of at least 70% or other surfacing material is in place and
the risk of further soil erosion is minimal, as determined by the
Village.
A facility by which storm water is collected and/or conveyed,
including but not limited to any roads with drainage systems, municipal
streets, gutters, curbs, inlets, piped storm drains, pumping facilities,
retention and detention basins, natural and human-made or altered
drainage channels, reservoirs, and other drainage structures.
Has the same meaning as the term "runoff".
Any best management practice that is designed to collect
or manage the quantity or quality of storm water runoff for an indefinite
time period. This term is a subset of the term "best management practice"
and distinct in that they require long-term maintenance. Some examples
include, but are not limited to: wet or dry detention basin, infiltration
trench or basin, bio-retention basin, stilling basin, green roof,
filter strip, artificial wetland, or any combination of these or other
permanent storm water management practices, as determined by the Village.
A written authorization made by the Village of Mukwonago
to the applicant to conduct land disturbing or land development activities
in accordance with the requirements of this division. A storm water
permit regulates both construction site erosion and post-construction
storm water runoff from a site.
A division of a lot, parcel or tract of land by the owner
thereof or the owner's agent for the purpose of sale or of building
development that meets the subdivision definition criteria under W.S.A.,
§ 236.03(12) or a more restrictive definition adopted by
a local unit of government.
A document that specifies design, predicted performance and
operation and maintenance requirements for a material, device or method.
An edge, or point on the landscape, commencing landward from
the ordinary high-water mark of a surface water of the state, where
the slope of the land begins to be less than 12% continually for at
least 50 feet. If the slope of the land is 12% or less continually
for the initial 50 feet, landward from the ordinary high-water mark,
the top of the channel is the ordinary high-water mark.
A wire, pipe, tube or other conduit designed to distribute
or collect a product or service, including but not limited to electricity,
natural gas, oil, telecommunications, drinking water, storm water,
sewage, groundwater or any combination of these items.
That the maps are drawn to national map accuracy standards
using the Wisconsin State Plane Coordinate System, Wisconsin South
Zone, North American Datum 1927 (NAD27) and National Geodetic Vertical
Datum of 1929 (NGVD-29).
Seed or plant stock that are native to a prairie or wetland
setting. These types of plantings usually take a couple of years to
get established and require diligent removal of invasive species during
this time. Upon maturity, warm season plants generally have a deep
root system, which enhances infiltration.
Has the meaning given in W.S.A., § 281.01(18).
An area where water is at, near or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions.
An area where a grouping of 10 or more trees exist that have
trunk diameters of at least four inches at four feet above the ground
surface. The boundaries of a woodland shall be defined by the canopy,
commonly referred to as the "drip line".
Any day the office of the Village of Mukwonago is routinely
and customarily open for business, and does not include Saturday,
Sunday and any official Village holidays.
[Ord. No. 816, § IV, 1-6-2009; Ord. No. 914, § III, 5-17-2016; Ord. No. 928, § III, 4-18-2017]
(a)
Construction site erosion control. Unless otherwise exempted under Subsection (c) below, a stormwater permit under § 34-107 shall be required and all erosion control and other provisions of this ordinance shall apply to all proposed land disturbing activity that meets any of the following:
(1)
Disturbs a total land surface area of 3,000 square feet or more;
(2)
Involves excavation or filling, or a combination of excavation
and filling, in excess of 400 cubic yards of material;
(3)
Involves the laying, repairing, replacing, or enlarging of an
underground utility, pipe or other facility, or the disturbance of
road ditch, grass swale or other open channel for a distance of 300
feet or more;
(4)
Involves the maintenance of an existing stormwater BMP; or
(5)
Is a land disturbing activity, regardless of size, that the
Village determines is likely to cause an adverse impact to the environment
or other property, or may violate any other erosion control standard
set forth in this division.
(b)
Stormwater management. Unless otherwise exempted in this division, a stormwater permit under § 34-107 shall be required and all stormwater management and other provisions of this ordinance shall apply to all proposed land development activity that meet any of the following:
(1)
Is a subdivision plat; or
(2)
Is a certified survey map or any other land development activity
that may ultimately result in the addition of 0.5 acres or greater
of impervious surfaces or that may result in land disturbing activity
of one acre or greater, including smaller individual sites that are
part of a common plan of development that may be constructed at different
times; or
(3)
Involves the construction of any new public or private road;
or
(4)
Is a land development activity, regardless of size, that the
Village determines is likely to cause an adverse impact to the environment
or other property.
(c)
Applicability exemptions.
(1)
Exempt from all requirements. The following activities shall
be exempt from all of the requirements of this ordinance:
a.
Land disturbing activities directly involved in the planting,
growing and harvesting of any plant grown for human or livestock consumption
and pasturing or yarding of livestock, including sod farms and tree
nurseries.
b.
Land development and land disturbing activities exempted by
state or federal law, including highway construction and other projects
conducted by a state agency, as defined under W.S.A., § 227.01(1),
or under a memorandum of understanding entered into under W.S.A.,
§ 281.33(2). To recognize an exemption under this paragraph,
the Village may require documentation of the person(s) and regulatory
agency charged with enforcing erosion control and stormwater management
for the project.
c.
Land disturbing activity directly involved in the installation
and maintenance of private on-site waste disposal systems, as regulated
under this chapter.
d.
If another regulatory agency is enforcing erosion control and stormwater management provisions that the Village determines are at least as restrictive as those contained in this ordinance, the applicant may request an exemption from any or all provisions of this ordinance. An applicant must request this exemption from the Village for that purpose. There will be a fee associated with reviewing the request in accordance with § 34-107(e). Based upon the scope of the requested exemption, the Village may require the applicant to submit documentation relating to the project, including any or all of the following:
1.
A copy of the proposed plans certified as approved by a regulatory
agency. Said plans shall also be stamped by a professional engineer
licensed in Wisconsin, stating that the design of all best management
practices comply with this ordinance and all applicable technical
standards.
2.
Contact information for the applicant or for person(s) representing
the applicant and charged with overseeing the implementation of the
approved plans, including certifying construction.
3.
A copy of the permit issued by the regulatory agency and contact
information for the person(s) charged with permit enforcement duties.
4.
A copy of design summaries, as-built documents and construction certification pursuant to § 34-108(d) for all stormwater BMPs constructed as part of the project.
5.
A copy of a recorded maintenance agreement in accordance with § 34-112 for all stormwater management facilities constructed as part of the project.
6.
Other items that the Village determines are necessary to ensure
compliance equal to the requirements of this ordinance.
(2)
Exempt from erosion control requirements only. The following
land disturbing activities shall be exempt from the erosion control
provisions of Subsection (a) above:
a.
Those activities the Village determines are required for the
construction of individual one-and two-family residential buildings
under Ch. SPS 321 Wis. Adm. Code, unless the proposed or actual land
disturbance is one acre or greater.
b.
Nonmetallic mining activities that are covered under a nonmetallic
mining reclamation permit under Ch. NR 135, Wis. Adm. Code.
c.
Placement of underground pipe or other utility that is plowed
or bored into the ground outside areas of channelized runoff.
[Ord. No. 816, § IV, 1-6-2009]
(a)
Permit required. A stormwater permit under Subsection (c) shall be obtained before any person commences a land disturbing or land development activity, pursuant to the applicability and exemption provisions of § 34-106. Based upon the scope of the project, a preliminary review letter under Subsection (b) below and certification of compliance under Subsection (d) below will also be required as part of the permit process.
(b)
Preliminary stormwater review letter.
(1)
Purpose and intent. A preliminary stormwater review letter is
prepared by the Village engineer to ensure that early site-planning
for any new development accounts for compliance with this ordinance.
Preliminary stormwater planning will help resolve spatial and soils
issues early in the site-planning phase, preventing a conflict with
other permit requirements or the recording of land divisions. This
will also assist the applicant in obtaining other permits or zoning
approvals prior to finalizing detailed construction plans. A stormwater
permit is required prior to the start of any proposed land disturbing
or land development activity.
(2)
Applicability and requirements.
a.
A preliminary stormwater review letter from the Village engineer
is required prior to the approval of a preliminary plat by the Village
planning commission or Village Zoning Administrator and shall also
be required prior to approval of a certified survey map, site plan
or conditional use permit by the Village planning commission or Village
Zoning Administrator for any proposed land disturbing or land development
activity that meets one or more of the following:
1.
Disturbs a total land surface area of one acre or more;
2.
Involves the construction of a new public or private road of
any length;
3.
Ultimately results in the addition of 0.5 acres or greater of
impervious surfaces, including smaller individual sites that are part
of a common plan of development; or
4.
Other land disturbing or land development activities, as determined by the Village under § 34-106(a)(4) or (b)(4) above.
b.
All project approvals described in Subsection (b)(2)a above
shall be subject to the recommendations, requirements or objections
contained in a preliminary review letter from the Village engineer,
which may include requiring certification of compliance under Subsection
(d) below.
c.
For preliminary plats, a Village interdepartmental review meeting
shall not be scheduled prior to 10 working days nor more than 20 working
days after the application submittal date for a preliminary review
letter in accordance with Subsection (f)(1) below.
|
Note: It is recommended that subdivisions and other projects
that may result in the addition of 0.5 acres of impervious surface
go through a concept-planning phase, including meeting with Village
engineer and Village zoning staff, prior to submitting a preliminary
plat or CSM.
|
(3)
Preliminary review letter application.
a.
To request a preliminary review letter, the applicant shall
submit a complete application to the Village, which shall include
all of the following:
1.
A completed and signed application;
2.
Certification to pay the review fee;
3.
A site plan map in accordance with § 34-110(c), which may be in a preliminary stage as prepared for zoning amendments and certified survey maps;
5.
A preliminary stormwater management plan in accordance with § 34-110(f) for those sites that propose to add a new road or add 0.5 acres or greater of impervious surfaces, including smaller individual sites that are part of a common plan of development; and
6.
A preliminary maintenance agreement for all stormwater BMPs
proposed for the site.
b.
The Village engineer may waive the requirement for a preliminary
erosion control or preliminary stormwater management plan under Subsection
(b)(3)a above if the Village engineer determines that it is not necessary
to ensure compliance with this ordinance based on the site map submitted.
However, all items required for a stormwater permit shall apply.
c.
The Village engineer may require map items listed above to be
submitted in a digital form, if available, including georeferencing
map data to the public land survey system in accordance with Village
mapping standards.
d.
Review procedures for a preliminary review letter application
shall be in accordance with Subsection (f)(1) below.
(c)
Stormwater permit application.
(1)
To request a stormwater permit under this ordinance, the applicant
shall submit a complete application, which shall include all of the
following:
a.
A completed and signed application;
b.
Certification to pay the review fee;
e.
A final stormwater management plan in accordance with § 34-110(g) for those land development activities that meet any of the applicability criteria of § 34-106(b), and the documentation required under § 34-110(e)(2)d related to off-site BMPs, if applicable;
(2)
The Village engineer may require map items listed above to be
submitted in a digital form, if available, including georeferencing
map data to the public land survey system in accordance with Village
mapping standards.
(3)
Review procedures for a stormwater permit application shall
be in accordance with Subsection (f) below.
(d)
Certification of compliance for final plat or CSM.
(1)
Applicability. The Village engineer shall recommend approval
based on compliance with this section prior to the Village plan commission
or Zoning Administrator approving any final plat, and prior to the
recording of any certified survey map with the Waukesha or Walworth
County Register of Deeds that meets one of the following:
a.
The site plan may ultimately result in the addition of 0.5 acres
or greater of impervious surfaces or that may result in land disturbing
activity of one acre or greater, including smaller individual sites
that are part of a common plan of development;
b.
Includes the construction of any new public or private road;
or
c.
Other land development activities as determined by the Village
engineer under Subsection (b)(2)a4 above.
(2)
Review items. To obtain a recommendation of approval, the applicant
shall submit a final plat or CSM to the Village for review. The Village
engineer shall review submittals for compliance with all of the following
items based on preliminary or final site plans and stormwater management
plans:
a.
Location and size of drainage easements and other areas set
aside for stormwater management, and the associated language describing
use restrictions;
b.
Setback requirements from wells, structures, steep slopes, road
rights-of-way and other items related to the location of stormwater
management facilities;
c.
Location of access drives and associated easements and use restrictions
to ensure adequate access to stormwater management facilities for
future maintenance;
d.
Utility easements as they may affect the grading and erosion
control plans;
f.
Other items that the Village engineer determines are necessary
to achieve compliance with this ordinance.
(3)
Review process. Review procedures for recommendation of approval
for final plat or CSM shall be as described in Subsection (f)(1) below.
|
Note: To avoid disapproval of the final plat, it is recommended
that a final stormwater management plan be approved by the Village
engineer prior to submittal of the final plat.
|
(e)
Fees. Application and review fees under this ordinance shall be in
accordance with the following:
(f)
Application review processes.
(1)
Preliminary stormwater review letter and certification of compliance.
Upon submittal of a complete application under Subsection (b) above
or a final plat or CSM under Subsection (d) above, the applicant is
authorizing the Village to enter upon the subject site to obtain information
needed to administer this ordinance and the following procedures shall
apply:
a.
The Village shall have 15 working days from the date the Village
receives the complete application to issue a review letter to the
applicable review authorities and the applicant based on the requirements
of this ordinance.
b.
If within the 15 working days, the Village determines that the
application is not complete or requests additional information from
the applicant or another source (such as another regulatory agency),
the Village shall have 15 working days from the date additional information
is received to issue a review letter. The Village shall inform the
applicant and the applicable review authorities in writing when additional
information is requested from another source within 15 working days.
c.
If within the 15 working days, the Village notifies the applicable
review authorities that the application under Subsection (b)(3) above
is not complete, information has been requested from another source,
or recommended changes or objections to the application need to be
addressed before other approvals can proceed, then the applicable
review authorities may:
(2)
Stormwater permit less than one acre land disturbance and applicability exemptions. Upon submittal of a complete permit application under Subsection (c) above or applicability exemption application under § 34-106(c), the applicant is authorizing the Village to enter upon the subject site to obtain information needed to administer this ordinance and the following procedures shall apply:
a.
Within 15 working days from the date the Village receives the
application, the Village shall inform the applicant in writing whether
the application materials are approved or disapproved based on the
requirements of this ordinance.
b.
If all requirements of this ordinance have been met through
the application, the Village shall approve the application and issue
a permit or exemption. If all requirements of this ordinance have
not been met, the Village shall state in writing the reasons for disapproval.
c.
If within the 15 working days, the Village determines that the
application is not complete or requests additional information from
the applicant or another source (such as another regulatory agency),
the Village shall have 15 working days from the date the additional
information is received to review and act on the application. The
Village shall inform the applicant in writing when additional information
is requested from another source within 15 working days.
(3)
Stormwater permit greater than one acre land disturbance and technical exemptions. Upon submittal of a complete application under Subsection (c) above or a technical exemption application under § 34-110(e), the applicant is authorizing the Village to enter upon the subject site to obtain information needed to administer this ordinance and the following procedures shall apply:
a.
Within 20 working days from the date the Village receives the
application, the Village shall inform the applicant in writing whether
the application materials are approved or disapproved based on the
requirements of this ordinance.
b.
If all requirements of this ordinance have been met through
the application, the Village shall approve the application and issue
a permit. If all requirements of this ordinance have not been met,
the Village shall state in writing the reasons for disapproval.
c.
If within the 20 working days, the Village determines that the
application is not complete or requests additional information from
the applicant or another source (such as another regulatory agency),
the Village shall have 20 working days from the date the additional
information is received to review and act on the application. The
Village shall inform the applicant in writing when additional information
is requested within 20 working days.
|
Note: The Village shall strive to determine whether the application
is complete as soon as possible after submittal of the application
and before the deadlines listed above.
|
[Ord. No. 816, § IV, 1-6-2009; Ord. No. 914, § IV, 5-17-2016; Ord. No. 928, § IV, 4-18-2017]
(a)
General permit requirements. Storm water permits shall be subject to all of the requirements of this division. Violation of any permit requirement shall cause the permit holder and any other responsible party to be subject to enforcement action under § 34-114. Upon issuance of a storm water permit, the permit holder and any other responsible party shall be deemed to have accepted these requirements. General requirements include all of the following:
(1)
Other permits. Compliance with a storm water permit does not
relieve the permit holder or other responsible party of the responsibility
to comply with all other applicable federal, state, and local laws
and regulations. The Village may require the applicant to obtain other
permits or plan approvals prior to issuing a storm water permit.
(2)
Approved plans. All best management practices shall be installed
and maintained in accordance with approved plans and construction
schedules. A copy of the approved plans shall be kept at the construction
site at all times during normal business hours.
(3)
Plan modifications. The Village engineer shall be notified of
any modifications proposed to be made to the approved plans or schedules.
The Village engineer may require proposed changes to be submitted
for review prior to incorporation into the approved plans or implementation.
Any modifications made during plan implementation without prior approval
by the project engineer under Subsection (a)(6) below and the Village
engineer may be subject to enforcement action.
(4)
Notification. The Village engineer shall be notified at least
3 working days before commencing any work in conjunction with approved
plans. The Village engineer shall also be notified of proposed plan
modifications under Subsection (a)(3) above, and within one working
day of completing construction of a storm water BMP. The Village engineer
may require additional notification according to a schedule established
by the Village so that practice installations can be observed during
construction.
(5)
Village engineer access. The Village engineer or its designee
shall be permitted access to the site for the purpose of inspecting
the property for compliance with the approved plans and other permit
requirements. All costs of said inspections shall be paid by the permit
holder.
(6)
Project engineer/landscape architect. The permit holder shall
provide an engineer licensed in the state of Wisconsin to be responsible
for achieving compliance with approved construction plans, including
the implementation of the approved inspection plan and verification
of construction in accordance with Subsection (d) below. If warm season
or wetland plantings are involved, the permit holder shall also provide
a qualified professional to oversee and verify the planting process
and its successful establishment.
(7)
Inspection log. The permit holder shall provide qualified personnel
to conduct inspections and maintain an inspection log for the site.
All best management practices shall be inspected within 24 hours after
each rain event of 0.5 inch or more that results in runoff, and at
least once each week. The inspection log shall include the name of
the inspector, the date and time of inspection, a description of the
present phase of construction, the findings of the inspection, including
an assessment of the condition of erosion and sediment control measures
and the installation of storm water management BMPs, and any action
needed or taken to comply with this division. The inspection log shall
also include a record of BMP maintenance and repairs conducted under
subsections (a)(8) and (9) below. The permit holder shall maintain
a copy of the inspection log at the construction site or via the Internet,
and shall notify the Village of the method of availability upon permit
issuance. If the inspection log is maintained on site, the Village
may view or obtain a copy at any time during normal business hours
until permit termination under Subsection (b) below. If the inspection
log is made available via the Internet, the permit holder shall notify
the Village of the appropriate Internet address and any applicable
access codes, and shall maintain the availability of the log until
permit termination under Subsection (b) below. The Village engineer
or its designee will complete site inspections under this section
to maintain compliance with the Village's Wisconsin Pollutant Discharge
Elimination System permit. All costs of said inspections shall be
paid by the permit holder. These Village inspections will not absolve
the permit holder from their responsibilities under other permits
and regulatory agencies. In the event violations are found during
Village inspections, the frequency of Village inspections may be increased.
(8)
BMP maintenance. The permit holder shall maintain and repair
all best management practices within 24 hours of inspection, or upon
notification by the Village, unless the Village approves a longer
period due to weather conditions. All BMP maintenance shall be in
accordance with approved plans and applicable technical standards
until the site is stabilized and a permit termination letter is issued
under Subsection (b) below. The permit holder, upon approval by the
Village, shall remove all temporary erosion control practices such
as silt fence. The permit holder, in accordance with approved plans
and applicable technical standards, shall maintain permanent storm
water management practices until maintenance responsibility is transferred
to another party or unit of government pursuant to the recorded maintenance
agreement.
(9)
Other repairs. The permit holder shall be responsible for any
damage to adjoining properties, municipal facilities or drainage ways
caused by erosion, siltation, runoff, or equipment tracking. The Village
may order immediate repairs or clean-up within road rights-of-way
or other public lands if the Village determines that such damage is
caused by activities regulated by a permit under this division. With
the approval of the landowner, the Village may also order repairs
or clean-up on other affected property. The costs for all such repairs
or clean-up as ordered by the Village shall be paid by the permit
holder.
(10)
Emergency work. The owner of the BMP authorizes the Village, in accordance with the enforcement procedures under § 34-114, to perform any work or operations and/or any unremedied repairs necessary to bring erosion control or storm water management practices into conformance with this division and/or the approved plans and consents to charging such costs against the financial assurance pursuant to Subsection (c) below or to a special assessment or charge against the property as authorized under W.S.A., subch. VII of ch. 66.
(11)
Permit display. The permit holder shall display the storm water
permit in a manner that can be seen from the nearest public road and
shall protect it from damage from weather and construction activities
until permit termination under Subsection (b) below.
(12)
Other requirements. The Village may include other permit requirements
that the Village determines are necessary to ensure compliance with
this division.
(b)
Stormwater permit issuance, duration, amendments, transfer and termination.
(1)
Permit issuance. The Village shall issue a permit to the applicant after verifying that all applicable conditions of this division and any other related permits have been met, including the submittal of contact information for all responsible parties and the submittal of the financial assurance under Subsection (c) below. The Village will not issue a storm water permit if the Village determines that the proposed construction timelines and best management practices will not comply with the erosion control plan requirements under § 34-109 or the purposes of the division under § 34-102.
(2)
Permit duration. The Village shall establish an expiration date
for all storm water permits based on the construction schedules in
the approved erosion control and storm water management plans. The
applicant shall notify the Village of any changes to the proposed
schedule prior to permit issuance.
(3)
Permit amendments. The Village may amend any terms of a storm
water permit, including extending the permit expiration date, if the
Village determines it is necessary to ensure compliance with this
division. The applicant shall request an amendment to a storm water
permit at least 30 days before permit expiration and shall pay the
corresponding fee. The Village may require additional erosion control
or storm water management measures as a condition of granting a permit
amendment.
(4)
Permit transfer.
a.
Voluntary. The Village may transfer a storm water permit issued
under this division to a new applicant upon a written request from
the applicant and payment of any corresponding fee. The permit transfer
shall not take effect until the Village engineer verifies in writing
that the new applicant has satisfied all conditions of this division,
including an updated list of responsible parties and the submittal
of a new financial assurance under Subsection (c) below, and approval
of the Village Board.
b.
Involuntary. Upon the death or dissolution of a permit holder,
foreclosure or other involuntary transfer of ownership of property
subject to a storm water permit, storm water permit and all associated
rights and obligations shall automatically transfer to the new landowner.
The Village may retain and utilize the financial assurances of the
former owner for the purposes set forth in subsection(c) below and
may require additional financial assurances from the new owner.
(5)
Permit termination. The Village shall issue a permit termination
letter to the permit holder upon releasing the financial assurance
under Subsection (c) below, which shall serve as documentation that
all conditions of this division have been satisfied and the permit
has been terminated.
(c)
Financial assurance.
(1)
Purpose. All applicants are required to submit a financial assurance
to ensure compliance with the approved erosion control and storm water
management plans and other storm water permit requirements.
(2)
Type and authority. The Village Attorney shall approve of the
form of the financial assurance which may include cash, an escrow
account or an irrevocable letter of credit. The Village engineer shall,
upon written notice to the permit holder, be authorized to use the
funds to complete activities required in the approved plans or this
division if the permit holder or other responsible party defaults
or does not properly implement the requirements.
(3)
Amount. The amount of the financial assurance shall be determined
by the Village engineer based on current construction costs or applicable
bid prices and shall not exceed the estimated cost of completing the
approved grading, erosion control and storm water management plans
plus a 20% contingency.
(4)
Exemption. Publicly funded land disturbing or land development
activities shall be exempt from providing a financial assurance.
(5)
Conditions for release. The Village engineer shall recommend
release of the financial assurance to the Village Board, and issue
a termination letter upon Village Board approval in accordance with
Subsection (b)(5) above, only after determining full compliance with
the permit and this section, including the following:
(6)
Terms of release. Surety shall remain in place for a period
of three years from the date of the execution of the agreement or
until drawn upon in full by the Village or one year from the date
of the certification of the storm water improvements whichever occurs
first.
(7)
Partial releases. The permit holder may apply for a partial
release of the financial assurance based on the completion or partial
completion of various construction components or satisfaction of individual
requirements noted above.
(8)
Amounts withheld. The Village shall withhold from the financial
assurance amount released to the permit holder any costs incurred
by the Village to complete installation or maintenance of best management
practices through enforcement action or prior to the transfer of maintenance
responsibilities through an approved maintenance agreement, or other
unpaid fees or costs incurred by the Village associated with the enforcement
of this ordinance.
(9)
Other financial assurances. The financial assurance provisions
of this division shall be in addition to any other financial assurance
requirements of the Village for other site improvements. Any arrangements
made to share financial assurances with the local community shall
be made at the discretion of the Village engineer and shall be at
least as restrictive as the requirements in this division.
(d)
Construction and planting verification.
(1)
Record drawing survey. To ensure compliance with this division
and to serve as a basis for the engineering verification under Subsection
(d)(2) below, a survey shall be completed by the applicant or its
designees of the completed storm water management system, master grading
plan, and other permanent best management practices or practice components
as deemed necessary by the Village engineer to ensure its long-term
maintenance.
(2)
Verification. The permit holder shall cause a professional engineer
licensed in the State of Wisconsin to verify that the construction
of all storm water BMPs comply with the approved plans, permits, applicable
technical standards and meet the requirements of this division. Such
verification shall be subject to review and recommendation of approval
by the Village engineer or its designee. If warm season or wetland
plantings are involved, a qualified professional shall verify the
planting process and its successful establishment, in accordance with
Village standards.
(3)
Design summaries. Any changes noted in the record drawing survey
or final design data compared to the design summaries approved with
the final storm water management plans shall be documented and resubmitted
to the Village engineer as part of the verification under Subsection
(d)(2) above.
(4)
Verification fees. All Village costs associated with construction
and planting verification will be paid by the permit holder.
(e)
Final inspection. After completion of construction and prior to permit
termination, the Village engineer or designee shall conduct a final
inspection of all permitted sites to determine compliance with the
approved plans and other applicable ordinance requirements, including
determining if the site is stabilized. If, upon inspection, the Village
determines that any of the applicable requirements have not been met,
the Village shall notify the permit holder what changes would be necessary
to meet the requirements.
[Ord. No. 816, § IV, 1-6-2009; Ord. No. 914, § V, 5-17-2016; Ord. No. 928, § V, 4-8-2017]
(a)
General erosion control plan requirements and performance standards.
An erosion control plan shall describe how the permit holder and other
responsible party will minimize, to the maximum extent practicable,
soil erosion and the transport of sediment from land disturbing activities
to waters of the state or other property. To meet this requirement,
the following performance standards shall apply:
(1)
All erosion control plans and associated BMPs shall comply with
the planning, design, implementation and maintenance requirements
of this division and the technical standards prepared by the Wisconsin
Department of Natural Resources.
(2)
All erosion control plans shall by design, achieve to the maximum
extent practicable, a runoff discharge of no more than five tons of
sediment per acre per year from sheet and rill erosion during land
disturbing activities as compared with no sediment or erosion controls,
until the site is stabilized.
(3)
Erosion and sediment control BMPs may be used alone or in combination
to meet the above noted performance standard. The requirements of
this section are designed to meet the standard.
(b)
Guiding principles for erosion control. To satisfy the requirements
of this section, an erosion control plan shall, to the maximum extent
practicable, adhere to the following guiding principles:
(1)
Propose grading that best fits the terrain of the site, avoiding
steep slopes, wetlands, floodplains; environmental corridors and any
applicable regulatory setbacks from these areas;
(2)
Minimize, through project phasing and construction sequencing,
the time the disturbed soil surface is exposed to erosive forces.
(3)
Minimize soil compaction, the loss of trees and other natural
vegetation and the size of the disturbed area at any one time;
(4)
Locate erosion control BMPs upstream from where runoff leaves
the site or enters waters of the state and outside of wetlands, floodplains,
primary or secondary environmental corridors or isolated natural areas.
(5)
Emphasize the use of BMPs that prevent soil detachment and transport
over those aimed to reduce soil deposition (sedimentation) or repair
erosion damage.
(c)
Specific erosion control plan requirements. The following applicable
minimum requirements shall be addressed in erosion control plans to
the maximum extent practicable. The Village may establish more stringent
erosion and sediment control requirements than the minimums set forth
in this section if the Village determines that an added level of protection
is needed to protect an environmentally sensitive area or other property,
or to address a change made during plan implementation.
(1)
Access drives and tracking. Provide access drive(s) for construction
vehicles that minimize tracking of soil off site using BMPs such as
stone tracking pads, tire washing or grates. Minimize runoff and sediment
from adjacent areas from flowing down or eroding the access drive.
Direct site drainage away from access drives.
(2)
Diversion of upslope runoff. Divert excess runoff from upslope
land, rooftops or other surfaces, if practicable, using BMPs such
as earthen diversion berms, silt fence and downspout extenders. Prevent
erosion of the flow path and the outlet.
(3)
Inlet protection. Protect inlets to storm drains, culverts and
other storm water conveyance systems from siltation until the site
is stabilized.
(4)
Soil stockpiles. Locate soil stockpiles away from channelized
flow and no closer than 25 feet from roads, ditches, lakes, streams,
ponds, wetlands or environmental corridors, unless otherwise approved
by the Village. Control sediment from soil stockpiles. Any soil stockpile
that remains for more than 30 days shall be stabilized.
(5)
Cut and fill slopes. Minimize the length and steepness of proposed
cut and fill slopes and stabilize them as soon as practicable.
(6)
Channel flow. Trap sediment in channelized flow before discharge
from the site using BMPs such as sediment traps and sediment basins.
Stabilize open channels in accordance with Village standards and as
soon as practicable.
(7)
Outlet protection. Protect outlets from erosion during site
dewatering and storm water conveyance, including velocity dissipation
at pipe outfalls or open channels entering or leaving a storm water
management facility.
(8)
Overland flow. Trap sediment in overland flow before discharge
from the site using BMPs such as silt fence and vegetative filter
strips.
(9)
Site dewatering. Treat pumped water to remove sediment prior
to discharge from the site, using BMPs such as sediment basins and
portable sediment tanks.
(10)
Dust control. Prevent excessive dust from leaving the construction
site though construction phasing and timely stabilization or the use
of BMPs such as site watering and mulch - especially with very dry
or fine soils.
(11)
Topsoil application. Save existing topsoil and reapply a minimum
of four inches to all disturbed areas for final stabilization, unless
otherwise approved by the Village, such as for temporary seeding or
storm water infiltration BMPs. If adequate topsoil does not exist
on the site to meet this requirement, it shall be imported or a topsoil
substitute such as compost may be used, upon approval by the Village.
(12)
Waste material. Recycle or properly dispose all waste and unused
building materials in a timely manner. Control runoff from waste materials
until they are removed or reused.
(13)
Sediment cleanup. By the end of each workday, clean up all off-site
sediment deposits or tracked soil that originated from the permitted
site. Flushing shall not be allowed unless runoff is treated before
discharge from the site.
(14)
Final site stabilization. All previous cropland areas where
land disturbing activities will not be occurring under the proposed
grading plans, shall be stabilized within 30 days of permit issuance.
Stabilize all other disturbed areas within seven days of final grading
and topsoil application. Large sites shall be treated in stages as
final grading is completed in each stage. Any soil erosion that occurs
after final grading or the application of stabilization measures must
be repaired and the stabilization work redone.
(15)
Temporary site stabilization. Any disturbed site that remains
inactive for greater than seven days shall be stabilized with temporary
stabilization measures such as soil treatment, temporary seeding or
mulching. For purposes of this subsection, "inactive" means that no
site grading, landscaping or utility work is occurring on the site
or that portion of the site and that precipitation events are not
limiting these activities. Frozen soils do not exclude the site from
this requirement.
(16)
Removal of practices. Remove all temporary BMPs such as silt
fences, ditch checks and sediment traps as soon as all disturbed areas
have been stabilized. Do not remove BMPs until disturbed areas have
been stabilized.
(17)
Site drainage. Site drainage plans shall comply with the provisions of § 34-110(d)(6) below.
(18)
Stormwater BMP data. When a stormwater permit involves a maintenance
of an existing stormwater BMP, including the removal of accumulated
sediment, the Village may require additional support data such as
before/after surveys, design and construction details and oversight
by a professional engineer licensed in Wisconsin.
(d)
Preliminary erosion control plan contents. Preliminary erosion and
sediment control plans shall contain the following items:
(2)
A brief narrative describing the proposed land disturbing activity,
construction timeline and sequencing, and a general review of the
major erosion and sediment control BMPs proposed to be used to minimize
off-site impacts during the construction phase and to stabilize the
site following construction.
(3)
Delineation of the following items on the map under Subsection
(d)(1) above:
a.
The area and size (in acres) of the proposed land disturbance;
b.
The woodland and wetland areas, and the size (in acres) of each
that is proposed to be lost during construction and a general description
of the current vegetation types and tree sizes;
c.
The general location of major BMPs described in Subsection (d)(1)
above.
(e)
Final erosion control plan contents. The following shall be the minimum
requirements for items to be included in a final erosion and sediment
control plan:
(1)
Sites less than one acre of total land disturbance.
a.
A narrative describing the proposed land disturbing activity,
construction timeline and sequencing, temporary BMPs to be used to
minimize off-site impacts during the construction phase, and proposed
methods to stabilize the site following construction in accordance
with the requirements of this division;
b.
A survey map or scaled site plan drawing of sufficient clarity
showing a north arrow, the location of proposed land disturbance,
direction of flow for runoff entering and leaving the disturbed area,
upslope drainage area (if known), proposed BMPs, existing and proposed
slopes, ground cover, buildings, roads, access drives, property boundaries,
drainage ways, water bodies, trees, culverts, utilities and other
structures within 50 feet of the proposed land disturbance;
c.
The name, address and daytime phone number of the person(s)
charged with installing and maintaining all best management practices;
d.
For underground utility installations, the plans must delineate
where utilities will be installed, show the location of the open cut
and the topography in the area, and list the total lineal feet to
be installed and the lineal feet that will be done by open cut; and
e.
Other information determined to be necessary by the Village
engineer to ensure compliance with the requirements of this chapter.
(2)
Sites one acre or greater in total land disturbance.
b.
A map at a scale of one inch equals no more than 100 feet (unless
otherwise noted), delineating and labeling the following applicable
items:
1.
North arrow, graphic scale, draft date, name and contact information
for project engineer or planner and designation of source documents
for all map features.
2.
Proposed site topography at contour intervals not to exceed
two feet, proposed percent slope for all open channels and side slopes
and all proposed runoff discharge points from the site;
3.
Proposed building envelopes and other land area to be disturbed
and size in acres;
4.
All woodland areas, those proposed to be lost or transplanted
during construction and acres or numbers of each. For woodlands proposed
to be lost, show individual trees larger than eight inches in diameter
that are located within 20 feet of proposed grading boundaries;
5.
Temporary access drive and specified surface material and minimum
depth;
6.
Temporary flow diversion devices for upslope or roof runoff
until site is stabilized;
7.
Temporary sediment trapping devices for site perimeter and inlets
to culverts and storm drains;
8.
Temporary settling basin or other BMP to be used for site dewatering
during utility or other subsurface work;
9.
Temporary soil stockpile sites indicating setbacks from nearby
water resources or environmental corridors and the proposed erosion
protection methods;
10.
Detailed drawings and cross-sections for any sediment traps,
basins or other major cut or fill areas and as requested by the Village,
showing side slopes and elevations;
11.
Final stabilization measures for open channels and erosion protection
for pipe and channel inlets, outlets and emergency spillways;
12.
Location of proposed utilities, including: standard cross-section
for buried utilities, associated easements, labeling the type of utility
and notes on erosion control and restoration plans;
13.
Final site stabilization instructions for all other disturbed
areas, showing areas to be stabilized in acres, depth of applied topsoil,
seed types, rates and methodology, fertilizer, sod or erosion matting
specifications, maintenance requirements until plants are well established,
and other BMPs used to stabilize the site;
14.
Detailed construction notes clearly explaining all necessary
procedures to be followed to properly implement the plan, including
estimated starting date of grading, timing and sequence of construction
or demolition, any construction stages or phases, utility installation,
dewatering plans, refuse disposal, inspection requirements, and the
installation, use, and maintenance of best management practices proposed
in the plan;
15.
Location of soil evaluations with surface elevations and unique references to supplemental soil evaluations report forms in accordance with § 34-111(e) below. Also show estimated highest groundwater table depths and soil textures down to planned excavation depths, which may be on a separate map with sufficient references to the proposed site plan.
16.
Spill prevention and response procedures.
17.
Other items specified by the Village as necessary to ensure
compliance with this section.
c.
Supporting information for the plan reviewer only:
1.
A narrative summary of the erosion control plan, briefly explaining the overall plan and, any unique information that led to the selection of BMPs and how the plan meets the guiding principles under Subsection (b) above and the specific requirements under Subsection (c) above;
Note: This information may be combined with a narrative for the storm water management plan under § 34-110(g)(12) The information may also be useful to the grading contractor and could be included in the construction notes on the plan map under Subsection (e)(2)b14 above.
2.
Summary of design data for any structural BMP such as sediment
basins or sediment traps. A professional engineer, licensed in the
State of Wisconsin, shall stamp and sign a statement indicating all
designs were completed by the professional engineer or under their
direct supervision and certifying that they have read the requirements
of this division and that, to the best of their knowledge, the submitted
plans comply with the requirements;
3.
Open channel design and stabilization data to support the selected
BMPs for stabilization;
4.
Soil evaluation reports, in accordance with the standards in § 34-111(e), with unique references and elevations that match the map under Subsection (e)(2)b15 above.
5.
Estimated time soil stockpiles will exist to support the selected
BMPs for erosion control;
6.
Documentation that proposed utility locations and installation
scheduling has been coordinated with the affected utility companies.
7.
Documentation of any other calculations used to demonstrate
compliance with the performance standards in this section.
[Ord. No. 816, § IV, 1-6-2009; Ord. No. 914, § VI, 5-17-2016; Ord. No. 928, § VI, 4-18-2017]
(a)
General stormwater management plan requirements. A storm water management
plan shall describe how the permit holder and other responsible parties
will meet the storm water management requirements of this section
and other related requirements in this division. All storm water management
plans and associated BMPs shall comply with the planning, design,
implementation and maintenance requirements described in this division
and the technical standards prepared by the Wisconsin Department of
Natural Resources.
(b)
Guiding principles for stormwater management. To satisfy the requirements
of this section, a storm water management plan shall, to the maximum
extent practicable, adhere to the following guiding principles:
(1)
Preserve natural watershed boundaries and drainage patterns;
(2)
Reserve adequately sized areas for storm water infiltration,
detention and treatment early in the site planning process;
(3)
Locate storm water BMPs prior to runoff leaving the site or
entering waters of the state, and outside of wetlands, floodplains,
primary or secondary environmental corridors or isolated natural areas;
(4)
Minimize soil compaction and maintain pre-development groundwater
recharge areas;
(5)
Minimize impervious surfaces and have them drain to vegetated
areas for pollutant filtering and infiltration;
(6)
Emphasize vegetated swales, warm season and wetland plantings,
and low flow velocities for storm water conveyance, treatment and
infiltration, especially for transportation related projects;
(7)
Allow for different storm water management strategies for cleaner
runoff (i.e. roofs) versus more polluted runoff (i.e. heavily used
streets and parking lots);
(8)
Provide for emergency overflow in all storm water BMP designs;
(9)
Distribute storm water bioretention and infiltration BMPs throughout
the site plan for large land developments;
(c)
Site plan map requirements. A site plan map and supporting data of
site conditions at a scale of one inch equals no more than 100 feet
(unless otherwise noted) shall delineate or display all the following
applicable items:
(1)
Development title, graphic scale and north arrow;
(2)
Property location description by public land survey system (1/4
section, section, township, range, Village);
(3)
Location map (smaller scale) showing the site location within
a public land survey section or subdivision, oriented the same as
Subsection (c)(4) below;
(4)
Ownership boundaries, bearings, lengths and other survey references
that will accurately identify the sites location, in accordance with
W.S.A., ch. 236, and Village mapping standards for all land divisions;
(5)
Lot numbers and dimensions, including outlots for all land divisions;
(6)
Name and complete contact information for the applicant, landowner,
developer and project engineer;
(7)
Surveyor's certificate, signed, dated and sealed for all land
divisions;
(8)
Sheet numbers and revision dates on every page;
(9)
Existing site topography at a contour interval not to exceed
two feet, including spot elevations for physical features such as
storm sewers and culverts (invert elevations), retaining walls, road
and ditch centerlines and topographic high and low points;
(10)
Location and name, if applicable, of all lakes, streams, channels,
ditches, and other water bodies or areas of channelized flow on or
adjacent to the site;
(11)
Location and name, if applicable, of all wetlands and identification
of source of delineation. These boundaries shall be field verified
prior to approval of final land divisions, erosion control plans or
storm water management plans;
(12)
Boundaries of shoreland zones and the ordinary high water mark
(OHWM) for any navigable water body as defined by the Village of Mukwonago
Shoreland and Floodland Protection ordinance. For final land divisions,
the OHWM boundaries shall be field verified;
(13)
Boundaries and elevation of the 100-year floodplains, flood
fringes and floodways, as defined by the Village of Mukwonago Shoreland
and Floodland Protection ordinance. For final land divisions, these
boundaries and elevations shall be field verified;
(14)
Boundaries and soil symbol for each soil mapping unit and the
identification of all hydric soils as defined by the USDA-Natural
Resources Conservation Service;
(15)
Locations of all available soil borings or soil profile evaluations
with unique references to supplemental data report forms;
(16)
Location of primary and secondary environmental corridors, as
defined by the Southeastern Wisconsin Regional Planning Commission.
For final land divisions, these boundaries shall be field verified;
(17)
Location and description of isolated natural area boundaries
as defined by the Southeastern Wisconsin Regional Planning Commission,
woodland areas and other vegetative cover types;
(18)
Location and descriptive notes for existing and proposed structures
within 50 feet of the property boundaries and their proposed use,
including, but not limited to buildings and foundations, roads, parking
areas, fence lines, access lanes, culverts (include size and type),
above ground utilities and retaining walls;
(19)
Location and descriptive notes for other known existing site
features including, but not limited to rock outcrops or other karst
features, tile drains, buried utilities, dumps, landfills, manure
or other waste storage facilities;
(20)
Boundaries and descriptive notes for all applicable setbacks and for "protective areas", as specified in § 34-110(d)(4) of this section;
(21)
Location and descriptive notes for any existing or proposed
easements, rights-of-way, vision corners or other known site restrictions.
Road right-of-ways and building setbacks shall be in compliance with
all applicable administrative codes, adopted plans and ordinances;
(22)
Location and descriptive notes for existing and proposed public
dedications of parcels or rights-of-way;
(23)
Location and descriptive notes for preplanned building or waste
disposal sites, when limited by site features;
(24)
Location and documentation of any existing well and delineation
of any applicable regulatory setbacks, in accordance with ch. NR811
and 812 Wis. Admin. Code;
(25)
Notes describing source documents, date and measure of accuracy
for all applicable mapping features noted above;
(26)
Other site information that the Village determines is necessary
to administer this section.
(d)
Specific stormwater management plan requirements and performance
standards. All storm water management plans and associated BMPs shall
meet the following minimum requirements to the maximum extent practicable.
It is highly recommended that the applicant meet with the Village
engineer prior to preparing a storm water management plan to determine
the applicability of these requirements early in the site planning
process.
(1)
Peak discharge.
a.
Minimum requirement. To minimize downstream bank erosion and the failure of downstream conveyance systems, the calculated post-development peak storm water discharge rates shall be reduced as depicted in the table below. Modeling requirements for this provision are further described in § 34-111 below.
|
Post Development Peak Discharge
|
=
|
Pre-Development Peak Discharge
| |
|---|---|---|---|
|
Recurrence interval storm
|
100
|
10
| |
|
10
|
2
| ||
|
2
|
2
| ||
|
1
|
1
|
b.
Release rate per acre. The Village engineer may establish a
maximum allowable release rate on a per acre basis that would supersede
the requirements of Subsection (d)(1)a above for certain watersheds
after the necessary hydrologic modeling is completed.
c.
Peak discharge exemptions. Certain sites or portions of sites
may be exempted from the peak discharge requirements of this subsection
in accordance with Subsection (e) below.
(2)
Stormwater quality.
[Amended 3-20-2019 by Ord. No. 959]
a.
Total suspended solids.
1.
By design, each stormwater management plan shall meet the following
post-development total suspended solids reduction targets, based on
average annual rainfalls, as compared to runoff management controls:
b.
Phosphorus.
1.
Pollutant loading data for phosphorus shall also be included
in the stormwater management plan. 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 maps.
(3)
Infiltration.
a.
BMPs shall be designed, installed, and maintained to infiltrate
runoff in accordance with the performance standards in Table 1, except
as provided in Subsection (d)(3)d through h below.
|
Table 1
| |||
|---|---|---|---|
|
Percent Connected Impervious Surface
|
Description/Example Land Uses
|
Post-Development Infiltration Volumea
|
Maximum Effective Infiltration Area
|
|
Up to 40%
|
Description: Low imperviousness Example land uses: low density
residential, parks, cemeteries
|
90% of pre-developmentb
|
1% of site
|
|
>40% up to 80%
|
Description: Medium imperviousness Example land uses: medium
and high density residential, multi-family residential, industrial,
institutional, office park
|
75% of pre-development
|
2% of site
|
|
>80%
|
Description: High imperviousness Example of land uses: commercial
strip malls, shopping centers, commercial downtowns
|
60% of pre-developments
|
2% of site
|
|
NOTES:
| |
|---|---|
|
a.
|
All percentages are based on average annual rainfall.
|
|
b.
|
To avoid downstream flooding and chronic wetness issues from
storm water discharges, the post-development infiltration volume for
low density residential developments shall not be less than 25% of
the 2-year, twenty-four-hour storm, in accordance with Subsection
(d)(7) below.
|
b.
Modeling. Refer to § 34-111(a) for details on calculating runoff volumes and pre-development conditions.
c.
Pretreatment. Pretreatment shall be required before infiltrating parking lot and road runoff from commercial, industrial and institutional areas. 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 (d)(3)h below. Pretreatment options may include, but are not limited to, oil/grease separators, sedimentation or bioretention basins, filtration swales or filter strips. All designs shall comply with the technical standards in § 34-111(b).
Note: To achieve the infiltration requirement for the parking
lots or roads, "maximum extent practicable" should not be interpreted
to require significant topography changes that create an excessive
financial burden. To minimize potential groundwater impacts, it is
desirable to infiltrate the cleanest runoff. To achieve this, a design
may propose greater infiltration of runoff from low pollutant sources
such as roofs, and less from higher pollutant source areas such as
parking lots.
d.
Infiltration prohibitions. Due to potential for groundwater
contamination, runoff shall not be infiltrated and will not be credited
toward meeting the requirements of this subsection for the following:
1.
Runoff from outdoor material storage and loading docks for tier
1 and tier 2 industrial facilities, as identified in NR216(2), Wis.
Admin. Code. Parking lot runoff from tier 1 industrial facilities
is prohibited. Parking lot runoff from tier 2 facilities may be infiltrated
but may require pretreatment.
2.
Runoff from fueling and vehicle maintenance areas, not including
rooftops and canopies.
3.
Infiltration of runoff within 1,000 feet upgradient or within
100 feet downgradient of karst features.
4.
Areas within 400 feet of a community water system well as specified
in NR811.16(4), Wis. Adm. Code, or within 100 feet of a private well
as specified in NR812.08(4), Wis. Adm. Code, for runoff infiltrated
from commercial, industrial and institutional land uses or regional
devices for residential development, not including rooftop runoff.
5.
Areas where contaminants of concern, as defined in NR720.03(2),
Wis. Adm. Code are present in the soil through which infiltration
will occur.
e.
Separation distances. Infiltration BMPs shall be located so
the characteristics of the soil and the separation distance between
the bottom of the infiltration BMP and the elevation of the highest
groundwater table or the top of bedrock are in accordance with Table
2.
|
Table 2
| ||
|---|---|---|
|
Source Area
|
Groundwater or Bedrock Separation Distance
|
Soil Characteristics
|
|
Industrial, commercial and 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
|
f.
Infiltration exemptions. The infiltration requirements of this
subsection may be exempted by the Village where:
1.
The soils at the proposed bottom of an infiltration system have
a measured infiltration rate of less than 0.6 inches per hour using
a scientifically credible field test method; and
2.
The Village determines that it would impracticable to modify
existing soil conditions based on soil profile evaluations extending
five feet below the proposed bottom of the infiltration system.
Note: USDA soil textures of sandy clay loam, clay loam, silty
clay loam, sandy clay, silty clay or clay are generally considerable
unsuitable for infiltration and would require replacement or modification.
g.
Alternate runoff uses. Where storage and reuse of runoff are
employed, such as, landscape watering, 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
uses shall be given equal credit toward the infiltration volume required
by this section.
h.
Groundwater protection.
1.
Infiltration systems designed in accordance with this subsection
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 Chapter NR109, 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 (1) above, the discharge from BMPs shall remain
below the enforcement standard at the point of standards application.
3.
All storm water BMPs shall comply with the applicable provisions
of Chapter NR815, Wis. Admin. Code relating to injection wells.
4.
All storm water BMPs shall comply with the provisions of any
applicable wellhead protection plan for a community water supply under
Chapter NR811, Wis. Admin. Code.
(4)
Protective areas.
a.
Definitions. "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, such 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 by Waukesha
or Walworth County, 50 feet. If there is a discrepancy between the
County maps and the applicable United States Geological Survey 7.5-minute
series topographic map, the more stringent stream identification shall
apply.
3.
For lakes, 50 feet.
4.
For wetlands not subject to 5., 50 feet.
5.
For highly susceptible wetlands, as determined by the Village,
75 feet. Highly susceptible wetlands include the following types:
calcareous fens, sedge meadows, bogs, low prairies, conifer swamps,
lowland hardwood swamps, and ephemeral shrub swamps.
6.
Wetland boundary delineations shall be made in accordance with
Chapter NR103, Wis. Admin. Code. This paragraph 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.
7.
For less susceptible wetlands, 10% of the average wetland width,
but no less than 10 feet nor more than 30 feet, unless otherwise required
by another applicable regulation. Less susceptible wetlands include
degraded wetlands dominated by invasive species such as reed canary
grass.
8.
In Subsection (d)(4)a1, 4 and 5, 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 Chapter NR103, Wis. Admin. Code.
9.
For concentrated flow channels with drainage areas greater than
130 acres, 10 feet.
b.
Requirements. The following requirements shall be met for all
land development activity located within a protective area:
1.
Impervious surfaces shall be kept out of the protective area,
except for structures as authorized and defined under shoreland and
floodland zoning. The erosion control plan shall contain a written
site-specific explanation for any parts of the protective area that
are disturbed during construction. If there is no practical alternative
to locating an impervious surface in the protective area, the storm
water management plan shall contain a written site-specific explanation
and a technical exemption may be applied for under Subsection (e)
below.
2.
Where land disturbing 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.
3.
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, but shall
not encroach into wetlands, floodplains or primary or secondary environmental
corridors.
c.
Protective area exemptions. The protective area requirements
of this subsection may be exempted in accordance with Subsection (e)
below and do not apply to the following:
1.
Structures that cross or access surface waters such as boat
landings, bridges and culverts;
2.
Structures constructed in accordance with W.S.A., § 61.351;
and
3.
Sites where runoff does not enter the surface water, including
wetlands without first being treated by BMP to meet the total suspended
solids requirements under Subsection (d)(4)c2 above and peak discharge
requirements under Subsection (d)(4)c1 above, except to the extent
that vegetative ground cover is necessary to maintain bank stability.
(5)
Fueling and vehicle maintenance areas. Fueling and vehicle maintenance
areas shall 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.
(6)
Site drainage. Measures shall be implemented to ensure proper
site drainage, prevent property damage and protect public health and
safety, including the following minimum requirements:
a.
Drainage easement. Perpetual drainage easements or other deed restrictions shall be recorded on the property to preserve major storm water flow paths and permanent storm water BMP locations. Covenants in these areas shall not allow buildings or other structures and shall prevent any grading, filling or other activities that interrupt or obstruct flows in any way. Covenants shall also specify maintenance responsibilities and authorities in accordance with § 34-112.
b.
Site grading. Site grading shall ensure positive flows away
from all buildings, roads, driveways and septic systems, be coordinated
with the general storm water drainage patterns for the area, and minimize
adverse impacts on adjacent properties.
c.
Street drainage. All street drainage shall be designed to prevent
concentrated flows from crossing the traffic lanes to the maximum
extent practicable. Design flow depths at the road centerline for
on-street drainage, shall not exceed six inches during the peak flows
generated by the 100-year, twenty-four-hour design storm, using planned
land use conditions for the entire contributing watershed area.
d.
Bridges and cross-culverts. All new or modified bridges and cross-culverts shall comply with applicable design standards and regulations, facilitate fish passage and prevent increased flooding or channel erosion upstream or downstream from the structure. All bridges and cross culverts on collector and arterial roadways shall be designed to convey the 100-year, twenty-four-hour design storm. All bridges and cross culverts on local roadways shall be designed to convey the ten-year, twenty-four-hour design storm, while providing an overland flow path that does not impact any structures for the 100-year, twenty-four-hour design storm. A floodplain analysis shall be required for all developments impacting a navigable waterway. This analysis must demonstrate no adverse offsite impacts, in accordance with state and federal regulations and may require larger structures than those specified above. Design flow depths at the road centerline for all crossings shall not exceed six inches during the peak flows generated by the 100-year, twenty-four-hour design storm, using planned land use conditions for the entire contributing watershed area. All predevelopment runoff storage areas within the flow path upstream of bridges and cross-culverts shall be preserved and designated as drainage easements, unless compensatory storage is provided and accounted for in modeling. As-built documentation shall be submitted in accordance with § 34-108 for all new or modified structures that are located within a mapped floodplain or that the Village engineer determines to be necessary to maintain floodplain modeling for the applicable watershed.
e.
Subsurface drainage. To avoid property and other damage from
groundwater, all buildings planned for human occupation on a regular
basis shall meet all of the following:
1.
Basement floor surfaces shall be built one foot above the highest
groundwater table elevation, as documented in the submitted soil evaluations
in accordance with Village standards. On sloped sites, basements may
be allowed partially below the highest groundwater table only on the
upslope side if they meet Village drainage system requirements for
design discharge and engineering oversight and long term maintenance.
For these sites, the one foot groundwater separation will be enforced
at the further downslope part of the basement.
2.
Avoid hydric soils as much as possible.
3.
The Village engineer shall be notified of any drain tiles that
are uncovered during construction, which the Village engineer may
require to be restored or connected to other drainage systems.
4.
No discharge of groundwater from tile lines, sump pumps or other
means shall be allowed onto another person's land or any public space
without the written approval of the Village and the property owner.
f.
Open channels. All open channel drainage systems shall at a
minimum be designed to carry the peak flows from a 100-year, twenty-four-hour
design storm using planned land use for the entire contributing watershed
area. Side slopes shall be no steeper than 3h:1v unless otherwise
approved by the Village engineer for unique site conditions. Water
surface elevations for the 100-year, twenty-four-hour design storm
shall be calculated for all existing and proposed open channels.
g.
Storm sewers. All storm sewers shall be designed to convey the
ten-year, twenty-four-hour design storm while providing an overland
flow path that does not impact any structures for the 100-year, twenty-four-hour
design storm.
h.
Changes to stormwater discharges. The sites where the Village
determines the post-development stormwater discharge flow paths will
be significantly different that pre-development conditions, or where
proposed stormwater discharges may otherwise have a significant negative
impact on adjacent property owners, the Village may require the applicant
to obtain written authorization from impacted property owners, record
a drainage easement to allow for the flow to cross those impacted
properties and/or a hold harmless agreement, holding the Village harmless
from claims by negatively impacted property owners.
i.
Structure protection and safety. Flows generated by the 100-year,
twenty-four-hour design storm under planned land use conditions may
exceed the design capacity of conveyance systems, but shall not come
in contact with any buildings. For buildings designed for human occupation
on a regular basis, the following additional requirements shall apply:
1.
The lowest elevation of the structure that is exposed to the
ground surface shall be a minimum of two feet above the maximum water
elevation produced by the 100-year, twenty-four-hour design storm,
including flows through any storm water BMP that may temporarily or
permanently store water at a depth of greater than one foot, and also
following the procedures for internally drained areas outlined by
Waukesha County; and
2.
The structure shall be setback at least 50 feet from any storm
water BMP that may temporarily or permanently store water at a depth
of greater than one foot, including any internally drained area with
a significant contributing watershed and/or limited runoff storage
capacity as determined by the Village. Setback distance shall be measured
from the closest edge of water at the elevation produced by the 100-year,
twenty-four-hour design storm. The Village may exempt existing structures
and structures with no basement from this requirement if the Village
determines other site risks are minimal based on soil and site conditions.
(7)
Additional requirements. The Village may establish more stringent
requirements than the minimums set forth in this section, such as
addressing thermal impacts of storm water, downstream flooding, total
maximum daily load (TMDL) standard for a watershed, other applicable
state or federal laws, an order of any court of competent jurisdiction
or chronic wetness conditions, if the Village determines that an added
level of protection is needed to protect a cold water stream, outstanding
water resource or exceptional water resource, environmentally sensitive
areas, downstream property or public health or safety.
(e)
Technical exemptions.
(1)
Exemption criteria. Following the provisions of this subsection,
the Village engineer may recommend to the Village Board to exempt
a site or a portion of a site from meeting certain technical requirements
of this section if the Village engineer determines that exception
criteria under Subsection (d) above or one or more of the following
applies:
a.
Off-site BMP(s). The requirement has been satisfied through
the use of off-site BMP(s). Off-site BMPs could be installed beyond
the boundaries of the property covered by the application as part
of a regional storm water management plan or through other legal arrangements.
However, to be eligible for this exemption, the off-site BMP(s) must
treat runoff from the site covered by the application;
b.
No significant offsite impacts. The proposed land disturbing
or land development activity is less than one acre in size and the
Village has determined the activity will have no significant impact
on another property or on an environmentally sensitive area due to
internal drainage or other site conditions that limit the potential
impacts of runoff from the proposed activity; or
c.
Site conditions. It is impracticable to meet the requirement
due to site conditions such as slopes, soils, proximity to existing
structures or desirable trees, limited site dimensions, surrounding
land uses, the potential for groundwater contamination, public health
or safety problems, or other factors beyond the control of the applicant.
No site shall be entitled to an exemption under this paragraph due
solely to the size of the proposed land development activity in relation
to the parcel size. However, the Village engineer shall provide special
consideration in granting exemptions under this paragraph for the
following sites:
1.
Redevelopment sites.
2.
In-fill development areas less than one acre.
3.
Highway projects where limited public right-of-way land is available
for the installation of storm water BMPs.
4.
Land developments with less than 10% of the proposed disturbed
area planned to be connected impervious surfaces and the total cumulative
area of all impervious areas is less than one acre using the final
build-out condition.
(2)
Application for exemption. An exemption under Subsection (e)(1)
above may only be granted by the Village Board upon the applicant
submitting the following items to the Village engineer, which shall
constitute a completed application:
a.
A written request describing the provisions of this subsection
for which an exception is being requested and an explanation of why;
b.
A site plan in accordance with Subsection (c) above, including the delineation of the area and size (in acres) to which the exemption would apply and any other storm water BMPs required to meet this division or as recommended in a regional storm water management plan;
c.
The necessary technical documentation to demonstrate that the
site meets one or more of the criteria for which an exemption is being
applied, including documentation of the applicable provisions of any
regional storm water management plan that may be involved;
d.
For off-site BMP(s) under Subsection (e)(1)a above:
1.
Documentation that the necessary BMP(s) have been properly installed, including as-built plans, construction certification and design summaries in accordance with § 34-108(d);
2.
A copy of the recorded maintenance agreement in accordance with § 34-112, and any other easements or legal arrangement that may be involved to ensure the long-term maintenance of the off-site BMP(s).
3.
Documentation of payment of any applicable fees that may be
required by a unit of governmental charged with implementing a regional
storm water management plan.
e.
Other materials that the Village engineer determines to be necessary
to make a determination under this subsection or to comply with this
division.
(3)
Review procedure. The Village engineer shall review all exemption application materials submitted under Subsection (e)(2) above, determine compliance with this section and notify the applicant of a decision within 20 working days of the submittal date, in accordance with the procedures under § 34-107(f) above. The Village Board shall approve all exemptions under Subsection (e)(1)c above. In consideration of all exemption requests, the Village engineer shall ensure that the applicant meets the requirements of this section to the maximum extent practicable.
(4)
Exemption fee. For those sites that are exempted under this
subsection, and are not publicly funded, the applicant shall contribute
funds to the Village to be used exclusively for storm water BMP implementation
or stream restoration expenses within the Village. The amount of the
payment shall be based on the average costs for the typical BMP(s)
that would have been required on-site to comply with the requirements
of this section had an exemption not been granted.
(f)
Preliminary storm water management plan requirements. Preliminary
storm water management plans shall contain the following applicable
items:
(1)
Drafting date and contact information for the project engineer
with all other mapping elements and scale consistent with the site
plan map;
(2)
Delineation of existing and proposed watersheds, subwatersheds
and major flow paths within the site and draining into the site from
adjacent properties;
(3)
Location, type and preliminary design of proposed storm water
BMPs needed to comply with this division;
(4)
Location and type of major storm water conveyance systems proposed
for the site;
(5)
Existing and proposed storm water discharge points;
(6)
Location and preliminary dimensions of proposed drainage easements;
(7)
Location of soil borings and soil profile evaluations with surface
elevations and unique references to supplemental data sheets, as needed
to determine feasibility of any proposed storm water BMP and to comply
with applicable BMP technical standards;
Note: The required location, depth and type of soil evaluations
will depend on the storm water BMPs proposed for the site. In general,
soil profile evaluations usually need to extend to a depth of 3 feet
to 10 feet below the proposed bottom elevation of storm water BMPs.
Refer to BMP technical standards for details.
(8)
Preliminary location of access lanes for maintenance of storm
water BMPs;
(9)
Support documentation for the plan reviewer, including:
a.
A preliminary plan narrative describing site drainage, ultimate
receiving water body for off-site discharges, major site restrictions,
and how the preliminary storm water management plan will meet the
requirements of this division and other objectives identified by the
project engineer;
b.
Summary of watershed, subwatershed and land use data in acres
and the preliminary results of any hydrology calculations;
c.
Soil profile evaluation data in accordance with BMP technical
standards;
d.
Proposed ownership and maintenance responsibilities for all
proposed storm water BMPs.
(g)
Final storm water management plan requirements. Final storm water
management plans shall contain the following applicable items:
(1)
Drafting date and contact information for the project engineer,
with all other mapping elements and scale consistent with the site
plan map;
(2)
Location of existing and proposed storm water discharge points;
(3)
Delineation and labeling of all proposed impervious areas and
accompanying area computations;
(4)
Final design drawings of all proposed storm water BMPs with
unique references to support documentation, prepared in accordance
with minimum Village standards and of sufficient clarity for those
responsible for site grading, including:
a.
Plan views showing the location of proposed BMPs in combination
with the site plan map at a scale of one inch equals no more than
100 feet;
b.
Additional detail plan view drawings at a scale of one inch
equals no more than 40 lineal feet, showing proposed two-foot contours
and all critical design features and elevations;
c.
Detailed cross-sections and profiles of each BMP showing all
critical design features, side slopes, structures, soil profiles and
applicable elevations, including highest groundwater table;
d.
Detailed drawings or material specifications for inlets or outlets.
(5)
Type, size, location and cross-sections of all pipes, open channels,
grade stabilization structures and other proposed storm water conveyance
systems, with unique references to support documentation;
(6)
Location and dimensions of proposed drainage easements;
(7)
Location, dimensions and surfacing material or soils data of proposed access lanes and delineation of easements needed to allow future maintenance of all storm water BMPs in accordance with § 34-112(b) below. The minimum width of any access easement shall be 15 feet;
(8)
Location of soil borings and soil profile evaluations with surface
elevations and unique references to supplemental data sheets, as needed
to determine feasibility of any proposed storm water BMP and to comply
with applicable technical standards;
(9)
Detailed construction notes explaining all necessary procedures
to be followed to properly implement the plan, including planting
and landscaping specifications, timing and sequencing of construction
and any temporary measures needed to protect BMPs during the construction
phase;
(10)
A detailed stormwater BMP construction inspection plan, outlining
the critical elements in the plan that need to be surveyed or inspected
by a representative of the project engineer, the Village engineer
or the municipality, and the timing and notification requirements
involved.
(12)
Support documentation summarized in accordance with Village
standards, including but not limited to:
b.
Maps of existing and proposed watersheds, subwatersheds, Tc/Tt
flow paths, soil types, hydrologic soil groups, land uses/cover type
and accompanying runoff curve numbers within the site and draining
into the site from adjacent properties, with unique references to
hydrology data summaries and a description of the ultimate receiving
water body(s) for off-site discharges;
c.
Pre-development and post-development hydrology and pollutant
loading (if applicable) data for each watershed, such as peak flows
and runoff volumes, as needed to meet the requirements of this division.
All major assumptions used in developing input parameters shall be
clearly stated and cross-referenced to the maps under Subsection (g)(12)b
above;
d.
Impervious surface maps and calculations of runoff volumes and
effective infiltration areas, in accordance with Subsection (d)(3)
above.
e.
Hydraulic and hydrologic data summaries for all existing and
proposed pipes, open channels, grade stabilization structures and
other storm water conveyance systems, and the necessary documentation
to demonstrate compliance with the site drainage requirements under
Subsection (d)(6) above.
f.
BMP design data for each proposed BMP, showing how it complies
with applicable technical standards and the requirements of this division;
g.
Soil evaluation reports, following the standards in § 34-111(e), with matching references to map features showing their location and elevations;
h.
A cover sheet stamped and signed by a professional engineer
registered in the State of Wisconsin indicating that all plans and
supporting documentation have been reviewed and approved by the engineer
and certifying that they have read the requirements of this division
and that, to the best of their knowledge, the submitted plans comply
with the requirements.
i.
Cost estimates for the installation of proposed storm water BMPs, which shall serve as a basis for the financial assurance under § 34-108(c) above. The applicant may use average costs for BMP installations in the Village rather than specific estimates, upon approval by the Village engineer.
j.
For sites where changes are proposed in storm water flow paths,
or where proposed storm water discharges may otherwise have a significant
negative impact on downstream property owner(s), the Village engineer
may require the applicant to submit written authorization or complete
other legal arrangements with the affected property owner(s); and
(13)
Other items deemed necessary by the Village to ensure compliance
with the requirements of this section.
[Ord. No. 816, § IV, 1-6-2009; Ord. No. 914, § VII, 5-17-2016; Ord. No. 928, § VII, 4-18-2017]
(a)
Hydrologic and hydraulic computations.
(1)
Models. All computations of runoff volumes and peak flow rates
used in the development of erosion control and stormwater management
plans in accordance with this division shall be based on United States
Department of Agriculture — Natural Resource Conservation Service
(NRCS) methodology. Models such as SLAMM, P8 or other Village Engineer-approved
models may be used to evaluate the efficiency of the design in reducing
total suspended solids and phosphorus to meet the requirements of
this division. Models such as SLAMM, RECARGA or other Village Engineer-approved
models may be used to evaluate the efficiency of the design in meeting
the infiltration requirements of this division. Models distributed
and supported by the Wisconsin Department of Natural Resources may
be used to determine compliance with calculating soil loss on construction
sites.
[Amended 3-20-2019 by Ord. No. 959]
(2)
Rainfall depths. To determine compliance with this division,
the following design storm rainfall depths shall be used, which are
derived from NRCS publications and extrapolated for the Village of
Mukwonago:
|
Design Storm
|
1-year, 24-hour
|
2-year, 24-hour
|
10-year, 24-hour
|
100-year, 24-hour
|
|---|---|---|---|---|
|
Rainfall Depth
|
2.4 inches
|
2.7 inches
|
3.81 inches
|
6.18 inches
|
(3)
Runoff curve numbers. All computations of pre-development conditions
as specified in this division shall use those NRCS runoff curve numbers
assigned for a "good" hydrologic condition for each land cover type.
For lands where the pre-development land use was woodland, grassland,
meadow or cropland, the following NRCS curve number values shall be
used as maximums:
|
Predevelopment Land Use
|
Hydrologic Soil Group (Letter)/Maximum Runoff Curve Number (#)
| |||
|---|---|---|---|---|
|
A
|
B
|
C
|
D
| |
|
Woodland
|
30
|
55
|
70
|
77
|
|
Grassland/Meadow
|
39
|
61
|
71
|
78
|
|
Cropland
|
55
|
69
|
78
|
83
|
(4)
Average annual rainfalls. All modeling involving average annual
rainfall or runoff volumes shall use rainfall data from the Milwaukee
area between March 28 and December 6, 1969 as the typical annual rainfall
pattern for Village of Mukwonago, unless otherwise prescribed in BMP
design standards.
(5)
Rainfall distribution. All peak flow calculations shall use
MSE3 rainfall distribution patterns, as defined in NRCS methodologies.
(6)
Other methods. All velocity and peak flow computations for open
channels and storm sewer pipe flows shall be based on Manning's Formula.
Flow routing, culvert design, weir and orifice flow and other related
hydraulic computations used to design stormwater management facilities
shall be based on standard applicable engineering formulas. Any design
data or methodology proposed to be used for hydrologic or hydraulic
computations other than those prescribed in this division shall be
approved by the Village engineer. Revisions or updates to the rainfall
depths and distribution prescribed above may be allowed upon approval
by the applicable regulatory agencies and the Village engineer.
(b)
Best management practice (BMP) design standards.
(1)
The design, installation and maintenance of all BMPs used to
meet the requirements of this division shall comply with the technical
standards identified, developed or disseminated by the Wisconsin Department
of Natural Resources under Subchapter V of Ch. NR151, Wis. Adm. Code.
(2)
Where BMP standards have not been identified or developed under
Subsection (b)(1) above, the Village may approve the use of other
available standards, such as those from other states or the USDA-Natural
Resources Conservation Service.
(c)
Technical guidelines. The Village may adopt technical guidelines
to facilitate the consistent administration of certain provisions
of this division.
(d)
Construction specifications. The construction or installation of
all BMPs and BMP components shall comply with all applicable manufacturers
and industry standards and specifications, including but not limited
to those published by ASTM and the USDA — Natural Resources
Conservation Service (NRCS).
(e)
Soil evaluations. All soil profile evaluations and forms submitted
for review by the Village engineer under the provisions of this division
shall be completed in accordance with Chapter SPS 385 Wis. Admin.
Code and any applicable state or Village standards. Where there are
no specific standards for the number, location or depth of soil profile
evaluations for a proposed BMP, the Village engineer shall determine
the minimum requirements based on the design of the BMP and the likely
variability of the on-site soils.
(f)
Availability. Copies of all technical references made in this section
shall be available for review and distribution through the Village
engineer office during normal business hours, or over the Internet.
Fees may be charged for hard copies of these items.
(g)
Future revisions or updates. The technical references in this section
are made a part of this division and shall be updated periodically
in order to keep current with field experiences, research, technological
advances and the development of related technical standards by other
agencies and units of government. Any future revisions of the documents
incorporated herein are also made part of this section unless otherwise
acted upon by the Village.
[Ord. No. 816, § IV, 1-6-2009; Ord. No. 914, § VIII, 5-17-2016; Ord. No. 928, § VIII, 4-18-2017]
(a)
Maintenance agreement required. A maintenance agreement shall be
required for all permanent storm water BMPs within the Village of
Mukwonago. The maintenance agreement shall be independent of all other
restrictions or covenants and shall comply with all provisions of
this section. For sites where the existing drainage system meets the
requirements of this division, the Village shall require a maintenance
agreement on pre-existing BMPs or internally drained areas to ensure
the preservation and maintenance of the existing drainage system.
(b)
Agreement provisions. The maintenance agreement shall, at a minimum,
contain the following information and provisions:
(1)
Ownership. Identification of the owner(s) of the land parcel(s)
where the storm water BMP(s) is located. Ownership shall be the same
as those assigned maintenance responsibilities under Subsection (b)(6)
below, unless otherwise designated in a regional storm water management
plan and approved by the applicable unit(s) of government. For new
land divisions, plats and certified survey maps, all storm water BMPs
that collect runoff from more than one lot shall be located on outlots.
For all privately owned outlots, ownership shall be by proportional
undividable interest for all properties that are within the control
of the applicant and drain to the BMP. However, the applicant may
combine ownership of more than one BMP within the site;
(2)
Location. A legal description and survey map of the storm water
BMP location(s), showing associated drainage or access easements required
to maintain the BMP;
(3)
Design. Detailed drawings of each storm water BMP and a general
description of its purpose and design, including but not limited to
BMP dimensions and elevations, inlet and outlet designs and elevations
and the drainage area served by the BMP. If possible, use as-built
survey information.
(4)
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;
(5)
Access. Authorization for vehicle access, including a minimum
fifteen-foot wide access easement dedicated to the local municipality
and connecting to a public road right-of-way, to allow for future
BMP maintenance work. The access easement shall be of adequate soil
conditions or surfacing to withstand loads produced by standard construction
equipment, and shall not include any area where channelized flow of
runoff occurs or where storm water may pond to a depth greater than
six inches during a 100-year, twenty-four-hour design storm.
(6)
Annual inspections. The person(s), organization, municipality
or other entity responsible for long-term maintenance of the storm
water BMP shall perform annual inspections and maintain records of
annual inspections and maintenance performed. Records shall be made
available to the Village upon request within 30 days of written notice.
Annual inspections shall be performed as detailed in Exhibit C, Maintenance
Plan, of the storm water maintenance agreement and shall be performed
to determine if the facility is functioning within the design parameters.
(7)
Certification inspections. The person(s), organization, municipality
or other entity responsible for long-term maintenance of the storm
water BMP shall perform certification inspections at a minimum once
every five years. The schedule of these inspections shall be established
by the Village and documented in the recorded storm water maintenance
agreement. Certification inspections shall be performed by a professional
engineer who shall then file a report with the Village no later than
December 31 of that year. If no recorded storm water maintenance agreement
is on file, then the Village will establish the schedule by written
notice to the owner.
(8)
Village inspections. Authorization for access to the property
by representatives of the Village of Mukwonago or their designee to
conduct inspections of the BMP, monitor its performance and maintenance,
and notify the designated entity when maintenance or repair activities
are necessary. A statement shall also be included that says, upon
written notification by the Village or their designee, that the entity
under Subsection (b)(9) below shall, at their own cost and within
a reasonable time period, complete any maintenance or repair work
recommended in the report;
(9)
Maintenance responsibility. Identification of the person(s),
organization, municipality or other entity responsible for long-term
maintenance of the storm water BMP. The assignment of maintenance
responsibilities for a privately-owned storm water BMP shall, at a
minimum, include all properties that are within the control of the
applicant and drain to the BMP. However, the applicant may combine
the maintenance responsibilities of more than one BMP within the site.
The owner shall complete maintenance or repair work as identified
by routine, certification, and/or Village inspections in a timely
fashion or as indicated by written notification from the Village.
Owner shall be liable for the failure to undertake any maintenance
or repairs.
(10)
Municipal maintenance. Authorization for the Village or their
designee to carry out any maintenance activities and associated inspections
if the entity identified under Subsection (b)(6) above does not perform
the required activity within the specified time period in the notification
or if the local municipality does not accept the work conducted by
the designated entity;
(11)
Special assessment. A statement that the Village may exercise their 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 relating to Subsection (b)(7) or (8) above;
(12)
Binding agreement. A statement confirming that the entire agreement
shall remain binding on all subsequent owners of the property upon
which the storm water BMP is located and that the restrictions shall
run with the land and on any other property which is subject to maintenance
responsibility in the agreement.
(13)
Agreement modifications. Sole authorization for the unit of
government named under Subsection (b)(9) above to modify the provisions
of the agreement upon thirty-day notice to the current owner(s) and
other parties responsible for maintenance of the storm water BMP.
Any changes made to the agreement shall maintain the minimum items
listed in this subsection and ensure the long term maintenance of
the BMP;
(14)
Other. Other information as determined to be necessary by the
Village to ensure compliance with this section.
(c)
Agreement form, approval and recording.
(1)
Form. The engineer shall provide the applicant with sample maintenance
agreement forms that comply with the requirements of this section.
(2)
Approval. The Village shall review and approve the form and content of all maintenance agreements proposed under this division and ensure compliance with all provisions of this section. If the agreement does not comply, the Village shall notify the applicant what changes are needed in order to comply, in accordance with the plan review procedures in § 34-107(f) above.
(3)
Initial recording. Upon certification of compliance with Subsections
(c)(1) and (2) above by the Village, and prior to the start of construction,
the maintenance agreement excluding Exhibits E and F shall be signed
by all parties and recorded by the Village at the Waukesha or Walworth
County Register of Deeds referencing any plat, certified survey or
other ownership transfer device pertaining to land which contains
the subject storm water BMP or is subject to maintenance responsibility
in the approved agreement. For new land divisions, the recording of
the maintenance agreement shall occur simultaneously with the recording
of the land division. However, no storm water BMP maintenance agreement
shall be recorded prior to Village approval.
(4)
Post construction asbuilt and certification recording. After
construction, and prior to being granted occupancy, the applicant
shall perform an asbuilt survey (Exhibit E) of the subject storm water
BMP and provide an Engineering/Construction Verification (Exhibit
F) that the subject storm water BMP has been constructed in accordance
with all technical standards and the Village's requirements. Upon
certification of compliance with Subsections (c)(1) and (2) above
by the Village, said documents shall be recorded by the Village at
the Waukesha or Walworth County Register of Deeds.
[Ord. No. 816, § IV, 1-6-2009; Ord. No. 928, § IX, 4-18-2017]
(a)
Prohibitions.
(1)
Discharges. Except for storm water and other discharges specifically
exempted under Subsection (b) below, no discharge, spilling or dumping
of substances or materials shall be allowed into receiving water bodies
or onto driveways, sidewalks, parking lots or other areas that drain
into the storm drainage system.
(2)
Connections. The construction, use, maintenance or continued
existence of illicit connections to the storm drainage system is prohibited.
This prohibition expressly includes, without limitation, illicit connections
made prior to the adoption of this division, regardless of whether
the connection was permissible under law or practice applicable or
prevailing at the time of connection.
(b)
Exemptions. The following activities are exempt from the provisions
of this section unless found to have an adverse impact on the storm
water:
(1)
Discharges authorized by a permit issued by the Wisconsin Department
of Natural Resources.
(2)
Discharges resulting from fire-fighting activities.
(3)
Discharges from uncontaminated ground water, potable water source,
roof drains, foundation drain and sump pump, air conditioning condensation,
springs, lawn watering, individual residential car washing, dye testing,
water main and hydrant flushing and swimming pools if the water has
been dechlorinated.
(c)
Notice of violation. Whenever the Village finds a violation of this
section, the Village may order compliance by written notice of violation
to the responsible party. Such notice may require without limitation:
[Ord. No. 816, § IV, 1-6-2009; Ord. No. 928, § IX, 4-18-2017]
(a)
Prohibited practices. Not complying with any requirement of this
division shall be deemed a violation, and shall subject the responsible
party to enforcement action under this section. Prohibited practices
shall include but not limited to the following:
(1)
Commencing any land disturbing or land development activity
prior to:
(2)
Failing to apply for a Village preliminary storm water review letter in accordance with Subsection 34-107(b) of this division.
(3)
Failing to obtain Village certification of compliance for a final plat or certified survey map in accordance with Subsection 34-107(d) of this division.
(4)
Failing to comply with all permit conditions, erosion control
or storm water management requirements and approved plans in accordance
with this division.
(5)
Failing to maintain BMPs until permit termination.
(6)
Failing to comply with any notice of violation.
(b)
Violations. The Village shall notify the permit holder of any violation
in writing, and copy any other known responsible party involved in
the violation. The first written notice, depending upon severity of
the violation, shall indicate non-compliance. The non-compliance notice
shall be hand delivered to the permit holder or sent to the last known
address, with a reasonable attempt to verify that the permit holder
received it. The notice shall describe the violation, remedial action(s)
needed and a schedule for all remedial action to be completed. The
Village may also choose to schedule a construction site compliance
meeting to discuss the violation with the permittee, owner and contractor
in attendance. If the permit holder is unresponsive or otherwise ineffective,
the Village will issue a second notice. The second notice shall indicate
a violation and may include one or more enforcement measures as listed
below. Any enforcement measures shall continue until compliance is
achieved or as ordered by the court. The Village is authorized to
use the following methods of enforcement in any combination thereof
against any applicant or responsible party that is found to be in
violation of any provision of this division:
(1)
Forfeiture. Any violator shall be subject to a forfeiture of
not less than $500 or more than $1,000 plus the cost of prosecution
for each violation. Each day that a violation exists shall constitute
a separate offense.
(2)
Stop work order. Any violator is subject to an order to stop
all work except that which is needed as a corrective action to bring
the site into compliance.
(3)
Permit revocation. The Village may revoke a permit issued under
this division. Upon loss of the permit, all construction shall cease
and the site shall be stabilized, with any costs incurred by the Village
to be charged against the financial assurance.
(4)
Injunction. The Village, or any person affected by activities
regulated under this division, may enforce the provisions of this
division by a temporary restraining order, injunction and other such
relief as a court may order.
(5)
Declared nuisances. Any land disturbing or land development
activity carried out in violation of the provisions of this division
is hereby declared to be a nuisance per se, and the Village may apply
to any court of competent jurisdiction to restrain or abate such nuisance.
(6)
Emergency action. The Village may enter upon the property and
take any necessary emergency action if the Village determines that
the site in violation is an immediate threat to public health, safety,
welfare, the environment or downstream property, or if the permit
holder or other violator refuses to take the corrective action as
ordered by the Village. Any cost incurred by the Village as a result
of this action shall be billed to the permit holder or other responsible
party or subtracted from the financial assurance. The Village shall
provide reasonable notice to the permit holder and other responsible
party after exercising this authority.
(7)
Citation.
a.
The Village elects to also use the citation method of enforcement
under W.S.A., § 66.0113, for violations of this division,
including those for which a statutory counterpart exists. The procedures
contained in W.S.A., § 66.0113(3), relating to the options
of an alleged violator and default are adopted and incorporated herein
by reference.
b.
Authority to issue a citation under this division shall be limited
to the appropriate Village staff. The authority delegated to such
official or employees to issue citations may only be granted or revoked
by the Village Board. This subsection does not preclude the Village
or any authorized officer from proceeding under any other ordinance
or law or by any other enforcement method to enforce any ordinance
regulation or order.
c.
The schedule of cash deposits including penalty assessment,
jail assessment or any other assessment applicable by law for use
with citations issued under this section shall be as adopted by the
Village Board from time to time and such schedule shall be on file
in the offices of the Village hall and receipts shall be given for
cash deposits. The citation shall contain the following information:
1.
The name and address of the alleged violator.
2.
The factual allegations describing the alleged violation.
3.
The time and place of the offense.
4.
The section of the ordinance violated.
5.
A designation of the offense in such a manner as can be reasonably
understood by a person making a reasonable effort to do so.
6.
The time at which the alleged violator may appear in court.
7.
A direction that if the alleged violator elects to make a cash
deposit, the statement which accompanies the citation shall be signed
to indicate that the statement required under Subsection (b)(7) above
has been read. Such statement shall be sent or brought with the cash
deposit.
8.
Such other information as the Village deems necessary.
(c)
Appeals.
(1)
Authority. The Village Board shall act as the review and appeal
authority for any order, requirement, decision or determination by
the Village under this division.
(2)
Procedure. The rules, procedures, duties and powers of the Village
Board shall be as provided in the Village Code of Ordinances and the
provisions of W.S.A., § 61.354, shall apply to any review
or appeal under this division.
(3)
Variances. Upon appeal, the Village Board may authorize variances
from the provisions of this division which are not contrary to the
public interest or the purposes of this division, and where owing
to special conditions beyond the control of the applicant, a literal
enforcement of this division will result in unnecessary hardship.
(4)
Who may appeal. Appeals to the Village Board may be taken by
any aggrieved person or by an officer, department, board, or bureau
of the Village affected by any decision of the Village.
[Ord. No. 816, § IV, 1-6-2009]
(a)
Repeal of conflicting ordinances. This ordinance repeals all provisions
of an ordinance previously enacted relating to construction site erosion
control and stormwater management regulations. Wherever there may
be a conflict with other Village ordinances relating to erosion control,
stormwater management or site drainage, the more restrictive provision
shall apply, as determined by the Village engineer.
(b)
Declaration of severability. The several sections, subsections and
paragraphs of this ordinance are hereby declared to be severable.
If any section, subsection, or paragraph or subparagraph of this ordinance
shall be declared by a decision of a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the
other provisions of the ordinance, or of the section of which the
invalid portion or paragraph may be a part.
