[HISTORY: Adopted by the Village Board of the Village of
Grafton 3-21-2016 by Ord. No. 004-2016; amended in its entirety 9-21-2020 by Ord. No. 012-2020. Subsequent amendments noted where applicable.]
A.
This chapter is adopted by the Village Board under the authority
granted by § 61.354, Wis. Stats. This chapter supersedes
all provisions of an ordinance previously enacted under § 61.35,
Wis. Stats., that relate to stormwater management regulations. Except
as otherwise specified in § 61.354, Wis. Stats., § 61.35,
Wis. Stats., applies to this chapter and to any amendments to this
chapter.
B.
The provisions of this chapter are deemed not to limit any other
lawful regulatory powers of the same governing body.
C.
The Village Board hereby designates the Director of Public Works/Village
Engineer or designee and the Building Inspector to administer and
enforce the provisions of this chapter.
D.
The requirements of this chapter do not preempt more stringent stormwater
management requirements that may be imposed by any of the following:
1.
Wisconsin Department of Natural Resources administrative rules,
permits or approvals, including those authorized under §§ 281.16
and 283.33, Wis. Stats.
2.
Targeted nonagricultural performance standards promulgated in
rules by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
A.
The Village Board finds that uncontrolled, post-construction runoff
has a significant impact upon water resources and the health, safety
and general welfare of the community and diminishes the public enjoyment
and use of natural resources. Specifically, uncontrolled post-construction
runoff can:
1.
Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
2.
Diminish the capacity of lakes and streams to support fish,
aquatic life, recreational and water supply uses by increasing pollutant
loading of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
3.
Alter wetland communities by changing wetland hydrology and
by increasing pollutant loads.
4.
Reduce the quality of groundwater by increasing pollutant loading.
5.
Threaten public health, safety, property and general welfare
by overtaxing storm sewers, drainageways, and other minor drainage
facilities.
6.
Undermine floodplain management efforts by increasing the incidence
and levels of flooding.
A.
Purpose. The general purpose of this chapter is to establish long-term,
post-construction runoff management requirements that will diminish
the threats to public health, safety, welfare and the aquatic environment.
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; control building sites, placement
of structures and land uses; preserve ground cover and scenic beauty;
and promote sound economic growth.
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 downstream property.
4.
Minimize the amount of pollutants discharged from the separate
storm sewer to protect the waters of the state.
B.
Intent. It is the intent of the Village Board that this chapter regulates
post-construction stormwater discharges to waters of the state. This
chapter may be applied on a site-by-site basis. The Village Board
recognizes, however, that the preferred method of achieving the stormwater
performance standards set forth in this chapter is through the preparation
and implementation of comprehensive, systems-level stormwater management
plans that cover hydrologic units, such as watersheds, on a municipal
and regional scale. Such plans may prescribe regional stormwater devices,
practices or systems, any of which may be designed to treat runoff
from more than one site prior to discharge to waters of the state.
Where such plans are in conformance with the performance standards
developed under § 281.16, Wis. Stats., for regional stormwater
management measures and have been approved by the Village Board, it
is the intent of this chapter that the approved plan be used to identify
post-construction management measures acceptable for the community.
A.
Applicability.
1.
Where not otherwise limited by law, this chapter applies after
final stabilization to a site of land-disturbing construction activity
meeting any of the criteria in this subsection, unless the site is
otherwise exempt under Subsection A.2. A post-development construction
site that had one or more acres of land-disturbing construction activity.
a.
For redevelopment sites where the redevelopment will be replacing
older development, the post-construction performance standards apply
to a construction site that had 1/2 or more acres of land-disturbing
construction activity.
2.
A site that meets any of the criteria in this subsection is
exempt from the requirements of this chapter:
a.
A post-construction site with less than 10% connected imperviousness
based on complete development of the post-construction site, provided
that the cumulative area of all parking lots and rooftops is less
than one acre.
b.
Nonpoint discharges from agricultural facilities and practices.
c.
Nonpoint discharges from silviculture activities.
d.
Routine maintenance for project sites under five acres of land
disturbance if performed to maintain the original line and grade,
hydraulic capacity or original purpose of the facility.
e.
Underground utility construction, such as water, sewer and fiber-optic
lines. This exemption does not apply to the construction of any aboveground
structures associated with utility construction.
3.
Notwithstanding the applicability requirements in Subsection A, this chapter applies to post-construction sites of any size that, in the opinion of the Director of Public Works/Village Engineer or designee, is likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water; that causes undue channel erosion; that increases water pollution by scouring or the transportation of particulate matter; or that endangers property or public safety.
B.
Jurisdiction. This chapter applies to post-construction sites within
the boundaries and jurisdiction of the Village of Grafton.
C.
Exclusions. This chapter is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.,
but also including the office of district attorney, which is subject
to the state plan promulgated or a memorandum of understanding entered
into under § 281.33(2), Wis. Stats.
The following definitions shall apply to this chapter:
Maintenance of sufficient vegetation types and densities
such that the physical integrity of the stream bank or lakeshore is
preserved. Self-sustaining vegetative cover includes grasses, forbs,
sedges and duff layers of fallen leaves and woody debris.
A governmental employee, or a regional planning commission
empowered under § 61.354, Wis. Stats., that is designated
by the Village Board to administer this chapter.
Has the meaning given in § 281.16, Wis. Stats.
The National Oceanic and Atmospheric Administration (NOAA)
Atlas 14 Precipitation-Frequency Atlas of the United States, Volume
8 (Midwestern States), published in 2013.
A calendar year of precipitation, excluding snow, which is
considered typical as determined by the Wisconsin Department of Natural
Resources for users of models such as WinSLAMM, P8 or equivalent methodology.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or pollutants carried
in runoff to waters of the state.
A day the office of the Village of Grafton is routinely and
customarily open for business.
A court-issued order to halt land-disturbing construction
activity that is being conducted without the required permit.
A system for conveying both sanitary sewage and stormwater
runoff.
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
An area upon which one or more land-disturbing construction
activities occur, including areas that are part of a larger common
plan of development or sale where multiple separate and distinct land-disturbing
construction activities may be taking place at different times on
different schedules but under one plan.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
Residential, commercial, industrial or institutional land
uses and associated roads.
Wells, sinkholes, swallets, fractured bedrock at the surface,
mine shafts, nonmetallic mines, tile inlets discharging to groundwater,
quarries or depressional groundwater recharge areas over shallow fractured
bedrock.
The creation from one parcel of five or more parcels or building
sites of 1 1/2 or fewer acres each in area, where such creation
occurs at one time or through successive partition within a five-year
period.
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
The process by which the land's surface is worn away by the
action of wind, water, ice or gravity.
Waters listed in § NR 102.11, Wis. Adm. Code.
The unincorporated area within 1 1/2 miles of the corporate
limits of the Village of Grafton.
Soil that has at least a three-foot-deep layer with at least
20% fines; or at least a five-foot-deep layer with at least 10% fines;
or an engineered soil with an equivalent level of protection as determined
by the regulatory authority for the site.
That all land-disturbing construction activities at the construction
site have been completed and that a uniform, perennial, vegetative
cover has been established, with a density of at least 70% of the
cover, for the unpaved areas and areas not covered by permanent structures,
or employment of equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the Director
of Public Works/Village Engineer by the responsible party to assure
that requirements of the ordinance are carried out in compliance with
the stormwater management plan.
Village Board of Trustees.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system,
including, but not limited to, any conveyances which allow any non-stormwater
discharge including sewage, process wastewater, and wash water to
enter the storm drain system and 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 chapter.
Any direct or indirect non-stormwater discharge to the Village of Grafton's municipal separate storm sewer system (MS4) except as exempted in § 23.01.095D.
An area that releases as runoff all or a large portion of
the precipitation that falls on it, except for frozen soil. Rooftops,
sidewalks, driveways, parking lots and streets are examples of areas
that typically are impervious.
An undeveloped area of land located within an existing urban
sewer service area, surrounded by development or development and natural
or man-made features where development cannot occur.
The entry of precipitation or runoff into or through the
soil.
A device or practice, such as a basin, trench, rain garden
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 roadside 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 man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. Land-disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
Any person holding fee title, an easement or other interest
in property which allows the person to undertake cropping, livestock
management, land-disturbing construction activity or maintenance of
stormwater BMPs on the property.
A legal document that provides for long-term maintenance
of stormwater management practices.
A level of implementing best management practices in order
to achieve a performance standard specified in this chapter, which
takes 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.
Publicly owned facilities by which stormwater 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.
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
A specific precipitation distribution developed by the United
States Department of Agriculture, Natural Resources Conservation Service,
using precipitation data from Atlas 14.
Located outside the property boundary described in the permit
application.
Located within the property boundary described in the permit
application.
Has the meaning given in § NR 115.03(6), Wis. Adm.
Code.
Waters listed in § NR 102.10, Wis. Adm. Code.
The percentage of a given sample of soil which passes through
a No. 200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Director of Public Works/Village
Engineer or designee to the applicant to conduct land-disturbing construction
activity or to discharge post-construction runoff to waters of the
state.
A sum of money paid to the Director of Public Works/Village
Engineer by the permit applicant for the purpose of recouping the
expenses incurred by the authority in administering the permit.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
A construction site following the completion of land-disturbing
construction activity and final site stabilization.
The extent and distribution of land cover types present before
the initiation of land-disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
Has the meaning given in § NR 140.05(17), Wis.
Adm. Code.
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.
Areas where development is replacing older development.
Any entity holding fee title to the property or other person
contracted or obligated by other agreement to implement and maintain
post-construction stormwater BMPs.
Stormwater or precipitation, including rain, snow or ice
melt or similar water, that moves on the land surface via sheet or
channelized flow.
A conveyance or system of conveyances, including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria:
Activities including tree nursery operations, tree harvesting
operations, reforestation, tree thinning, prescribed burning, and
pest and fire control. Clearing and grubbing of an area of a construction
site is not a silviculture activity.
The entire area included in the legal description of the
land on which the land-disturbing construction activity occurred.
An order issued by the Director of Public Works/Village Engineer
or designee which requires that all construction activity on the site
be stopped.
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has undergone final stabilization
following completion of the construction activity.
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
An edge, or point on the landscape, 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.
The amount of pollutants specified as a function of one or
more water quality parameters that can be discharged per day into
a water quality limited segment and still ensure attainment of the
applicable water quality standard.
Technical Paper No. 40, Rainfall Frequency Atlas of the United
States, published in 1961.
The United States Department of Agriculture, Natural Resources
Conservation Service (previously Soil Conservation Service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986.
A highway, a railroad, a public mass transit facility, a
public-use airport, a public trail or any other public work for transportation
purposes such as harbor improvements under § 85.095(1)(b),
Wis. Stats. "Transportation facility" does not include building sites
for the construction of public buildings and buildings that are places
of employment that are regulated by the Department pursuant to § 281.33,
Wis. Stats.
Total suspended solids.
A rainfall type curve as established in the "United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149," published 1973.
Has the meaning given in § 281.01(18), Wis. Stats.
"Maximum extent practicable" applies when a person who is subject
to a performance standard of this chapter demonstrates to the Department
of Public Work/Village Engineer's or designee's satisfaction that
a performance standard is not achievable and that a lower level of
performance is appropriate. In making the assertion that a performance
standard is not achievable and that a level of performance different
from the performance standard is the maximum extent practicable, the
responsible party shall take into account the best available technology,
cost-effectiveness, geographic features, and other competing interests
such as protection of public safety and welfare, protection of endangered
and threatened resources, and preservation of historic properties.
A.
The following methods shall be used in designing the water quality,
peak flow shaving and infiltration components of stormwater practices
needed to meet the water quality standards of this chapter:
1.
Technical standards identified, developed or disseminated by
the Wisconsin Department of Natural Resources under Subchapter V of
Ch. NR 151, Wis. Adm. Code.
2.
Where technical standards have not been identified or developed
by the Wisconsin Department of Natural Resources, other technical
standards may be used, provided that the methods have been approved
by the Director of Public Works/Village Engineer or designee.
3.
In this chapter, the following year and location has been selected
as average annual rainfall: Milwaukee, 1969 (Mar. 28-Dec. 6).
A.
Responsible party. The responsible party shall implement a post-construction
stormwater management plan that incorporates the requirements of this
section.
B.
Plan. A written stormwater management plan in accordance with § 23.01.090 shall be developed and implemented for each post-construction site.
C.
Maintenance of effort. For redevelopment sites where the redevelopment
will be replacing older development that was subject to post-construction
performance standards of Ch. NR 151, Wis. Adm. Code, in effect on
or after October 1, 2004, the responsible party shall meet the total
suspended solids reduction, peak flow control, infiltration, and protective
areas standards applicable to the older development or meet the redevelopment
standards of this chapter, whichever is more stringent.
D.
1.
Water quality.
a.
Total suspended solids. BMPs shall be designed, installed and
maintained to control total suspended solids carried in runoff from
the post-construction site as follows:
1.
New and in-fill development.
(a)
For new and in-fill development in the Cedar Creek
subwatershed (TMDL Reach MI-24) and the Milwaukee River subwatershed
(TMDL Reach MI-17) of the Milwaukee River TMDL watershed, by design,
reduce to the maximum extent practicable, the total suspended solids
load by 80%, based on the average annual rainfall, as compared to
no runoff management controls.
(b)
For new and in-fill development within the Ulao
Creek subwatershed (TMDL Reach MI-25) of the Milwaukee River TMDL
watershed, by design, reduce to the maximum extent practicable, the
total suspended solids by 82%, based on the average annual rainfall,
as compared to no runoff management controls per the federally approved
TMDL requirements.
2.
For redevelopment, by design, reduce to the maximum extent practicable,
the total suspended solids load by 50%, based on the average annual
rainfall, as compared to no runoff management controls. No person
shall be required to exceed a 50% total suspended solids reduction
to meet the requirements of this subsection.
b.
Total phosphorus. All new development, redevelopment, and infill
sites shall calculate the total phosphorus load and the amount of
phosphorus removed with the proposed on-site practices with an appropriate
computer model. Both the load and the amount of removal shall be reported
in the plan narrative and included in the computer model submitted
for the project.
1.
New and in-fill development.
(a)
For new and in-fill development within the Cedar
Creek subwatershed (TMDL Reach MI-24) of the Milwaukee River TMDL
watershed, by design, reduce to the maximum extent practicable the
total phosphorous by 80%, based on the average annual rainfall, as
compared to no runoff management controls per the federally approved
TMDL requirements.
(b)
For new and in-fill development within the Milwaukee
River subwatershed (TMDL Reach MI-17) of the Milwaukee River TMDL
watershed, by design, reduce to the maximum extent practicable the
total phosphorous by 84%, based on the average annual rainfall, as
compared to no runoff management controls per the federally approved
TMDL requirements.
(c)
For new and in-fill development within the Ulao
Creek subwatershed (TMDL Reach MI-25) of the Milwaukee River TMDL
watershed, by design, reduce to the maximum extent practicable the
total phosphorous by 44%, based on the average annual rainfall, as
compared to no runoff management controls per the federally approved
TMDL requirements.
2.
Notwithstanding Subsection D.1.b.1, if the design for a new
or in-fill development within the Cedar Creek subwatershed (TMDL Reach
MI-24) or the Milwaukee River subwatershed (TMDL Reach MI-17) of the
Milwaukee River TMDL watershed cannot achieve the applicable total
phosphorus reduction, the stormwater management plan shall include
a written and site-specific explanation why that level of reductions
is not attained. In this instance, by design, reduce to the maximum
extent practicable, the total phosphorous by 50%, based on the average
annual rainfall, as compared to no runoff management controls per
the federally approved TMDL requirements.
3.
For redevelopment, by design, reduce to the maximum extent practicable,
the total phosphorous load by 50%, based on the average annual rainfall,
as compared to no runoff management controls. No person shall be required
to exceed a 50% total phosphorous reduction to meet the requirements
of this subsection.
c.
Notwithstanding Subsection D.1.a. to b., if the design cannot
achieve the applicable total suspended solids or total phosphorus
reduction specified, the stormwater management plan shall include
a written and site-specific explanation why that level of reduction
is not attained, and the total suspended solids load shall be reduced
to the maximum extent practicable.
d.
Off-site drainage. When designing BMPs, runoff draining to the
BMP from off site shall be taken into account in determining the treatment
efficiency of the practice. Any impact on the efficiency shall be
compensated for by increasing the size of the BMP accordingly.
2.
Peak discharge.
a.
By design, BMPs shall be employed to maintain or reduce the
peak runoff discharge rates, to the maximum extent practicable, as
compared to predevelopment conditions for the design storm referenced
in Subsection D.2.c of this section applicable to the post-construction
site. Predevelopment conditions shall assume "good hydrologic conditions"
for appropriate land covers as identified in TR-55 or an equivalent
methodology. Peak discharges shall be calculated using TR-55 runoff
curve number methodology, Atlas 14 precipitation depths, and the NRCS
Wisconsin MSE3 precipitation distribution. On a case-by-case basis,
the Director of Public Works/Village Engineer or designee may allow
the use of TP-40 precipitation depths and the Type II distribution.
The meaning of "hydrologic soil group" and "runoff curve number" are
as determined in TR-55. However, when predevelopment land cover is
cropland, rather than using TR-55 values for cropland, the runoff
curve numbers in Table 1 shall be used.
|
Table 1. Maximum Predevelopment Runoff Curve Numbers
| ||||
|---|---|---|---|---|
|
Hydrologic Soil Group
| ||||
|
Runoff Curve Number
|
A
|
B
|
C
|
D
|
|
Woodland
|
30
|
55
|
70
|
77
|
|
Grassland
|
39
|
61
|
71
|
78
|
|
Cropland
|
55
|
69
|
78
|
83
|
b.
This subsection of the chapter does not apply to any of the
following:
1.
A post-construction site where the change in hydrology due to
development does not increase the existing surface water elevation
at any point within the downstream receiving water by more than 0.01
of a foot for the two-year, twenty-four-hour storm event.
2.
A post-construction site where the discharge is directly into
a lake over 5,000 acres or a stream or river segment draining more
than 500 square miles.
3.
A redevelopment post-construction site.
4.
An in-fill development area less than five acres.
c.
By design, BMPs shall be employed to:
1.
For the one-year, twenty-four-hour and two-year, twenty-four-hour
design storms, BMPs shall be designed so that post-construction peak
runoff discharge rates are maintained or reduced compared to the one-year,
twenty-four-hour and the two-year, twenty-four-hour predevelopment
peak runoff discharge rates respectively, or to the maximum extent
practicable.
2.
For the 100-year, twenty-four-hour design storm, BMPs shall
be designed so that post-construction peak runoff discharge rates
are maintained or reduced compared to the ten-year, twenty-four-hour
predevelopment peak runoff discharge rate, or to the maximum extent
practicable.
3.
Infiltration. BMPs shall be designed, installed and maintained
to infiltrate runoff to the maximum extent practicable in accordance
with the following, except as provided in Subsection D.3.f and h through
j.
a.
Low imperviousness. For development up to 40% connected imperviousness,
such as parks, cemeteries, and low-density residential development,
infiltrate sufficient runoff volume so that the post-development infiltration
volume shall be at least 90% of the predevelopment infiltration volume,
based on an average annual rainfall. However, when designing appropriate
infiltration systems to meet this requirement, no more than 1% of
the post-construction site is required as an effective infiltration
area.
b.
Moderate imperviousness. For development with more than 40%
and up to 80% connected imperviousness, such as medium- and high-density
residential, multifamily development, industrial and institutional
development, and office parks infiltrate sufficient runoff volume
so that the post-development infiltration volume shall be at least
75% of the predevelopment infiltration volume, based on an average
annual rainfall. However, when designing appropriate infiltration
systems to meet this requirement, no more than 2% of the post-construction
site is required as an effective infiltration area.
c.
High imperviousness. For development with more than 80% connected
imperviousness, such as commercial strip malls, shopping centers,
and commercial downtowns, infiltrate sufficient runoff volume so that
the post-development infiltration volume shall be at least 60% of
the predevelopment infiltration volume, based on an average annual
rainfall. However, when designing appropriate infiltration systems
to meet this requirement, no more than 2% of the post-construction
site is required as an effective infiltration area.
d.
Predevelopment condition shall be the same as in Subsection
D.2, Peak discharge.
Note to permittees: A model that calculates runoff volume, such
as SLAMM, P8, or an equivalent methodology, may be used.
e.
Before infiltrating runoff, pretreatment shall be required for
parking lot runoff and for runoff from new road construction in commercial,
industrial and institutional areas that will enter an infiltration
system. The pretreatment shall be designed to protect the infiltration
system from clogging prior to scheduled maintenance and to protect
groundwater quality in accordance with Subsection D.3.h. Pretreatment
options may include, but are not limited to, oil/grease separation,
sedimentation, biofiltration, filtration, swales or filter strips.
Note to permittees: 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.
f.
Exclusions. The runoff from the following areas are prohibited
from meeting the requirements of this subsection:
1.
Areas associated with Tier 1 industrial facilities identified
in § NR 216.21(2)(a), Wis. Adm. Code, including storage,
loading, rooftop and parking.
2.
Storage and loading areas of Tier 2 industrial facilities identified
in § NR 216.21(2)(b), Wis. Adm. Code.
Note to permittees: Runoff from Tier 2 parking and rooftop areas
may be infiltrated but may require pretreatment.
3.
Fueling and vehicle maintenance areas.
4.
Areas within 1,000 feet upgradient or within 100 feet downgradient
of karst features.
5.
Areas with less than three feet separation distance from the
bottom of the infiltration system to the elevation of seasonal high
groundwater or the top of bedrock, except this Subsection D.3.f.5
does not prohibit infiltration of roof runoff.
6.
Areas with runoff from industrial, commercial and institutional
parking lots and roads and residential arterial roads with less than
five feet separation distance from the bottom of the infiltration
system to the elevation of seasonal high groundwater or the top of
bedrock.
7.
Areas within 400 feet of a community water system well as specified
in § NR 811.16(4), Wis. Adm. Code, or within 100 feet of
a private well as specified in § NR 812.08(4), Wis. Adm.
Code, for runoff infiltrated from commercial, industrial and institutional
land uses or regional devices for residential development.
8.
Areas where contaminants of concern, as defined in § NR
720.03(2), Wis. Adm. Code, are present in the soil through which infiltration
will occur.
9.
Any area where the soil does not exhibit one of the following
soil characteristics between the bottom of the infiltration system
and the seasonal high groundwater and top of bedrock: at least a three-foot
soil layer with 20% fines or greater; or at least a five-foot soil
layer with 10% fines or greater. This does not apply where the soil
medium within the infiltration system provides an equivalent level
of protection. This Subsection D.3.f.9 does not prohibit infiltration
of roof runoff.
Note to permittees: The areas listed in Subsection D.3.f, Exclusions,
are prohibited from infiltrating runoff due to the potential for groundwater
contamination.
g.
Separation distances.
1.
Infiltration practices shall be located so that the characteristics
of the soil and the separation distance between the bottom of the
infiltration system and the elevation of seasonal high groundwater
or the top of bedrock are in accordance with Table 3:
|
Table 3. Separation Distances and Soil Characteristics
| ||
|---|---|---|
|
Source Area
|
Separation Distance
(feet)
|
Soil Characteristics
|
|
Industrial, commercial, institutional parking lots and roads
|
5 or more
|
Filtering layer
|
|
Residential arterial roads
|
5 or more
|
Filtering layer
|
|
Roofs draining to subsurface infiltration practices
|
1 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 or more
|
Filtering layer
|
2.
Notwithstanding Subsection D.3.g.1, applicable requirements
for injection wells classified under Ch. NR 815, Wis. Adm. Code, shall
be followed.
h.
Exemptions. The following are not required to meet the requirements
of this subsection:
1.
Areas where the infiltration rate of the soil is less than 0.6
inches/hour measured at the site.
2.
Parking areas and access roads less than 5,000 square feet for
commercial and industrial development.
3.
Redevelopment post-construction sites.
4.
In-fill development areas less than five acres.
5.
Infiltration areas during periods when the soil on the site
is frozen.
6.
Roads in commercial, industrial and institutional land uses,
and arterial residential roads.
i.
Where alternate uses of runoff are employed, such as for toilet
flushing, laundry or irrigation, such alternate use shall be given
equal credit toward the infiltration volume required by this subsection.
j.
Infiltration systems designed in accordance with this subsection
shall:
1.
To the extent technically and economically feasible, minimize
the level of pollutants infiltrating to groundwater and shall maintain
compliance with the preventive action limit at a point of standards
application in accordance with Ch. NR 140, Wis. Adm. Code. However,
if site-specific information indicates that compliance with a preventive
action limit is not achievable, the infiltration BMP may not be installed
or shall be modified to prevent infiltration to the maximum extent
practicable.
2.
Notwithstanding Subsection D.3.j.1, the discharge from BMPs
shall remain below the enforcement standard at the point of standards
application.
4.
Protective areas.
a.
"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,
and for wetlands in areas of special natural resource interest as
specified in § NR 103.04, Wis. Adm. Code: 75 feet.
2.
For perennial and intermittent streams identified on a United
States Geological Survey 7.5-minute series topographic map, or a county
soil survey map, whichever is more current: 50 feet.
3.
For lakes: 50 feet.
4.
For wetlands not subject to Subsection D.4.a.5 or 6:50 feet.
5.
For highly susceptible wetlands: 75 feet. Highly susceptible
wetlands include the following types: fens, sedge meadows, bogs, low
prairies, conifer swamps, shrub swamps, other forested wetlands, fresh
wet meadows, shallow marshes, deep marshes and seasonally flooded
basins.
6.
For less susceptible wetlands: 10% of the average wetland width,
but no less than 10 feet nor more than 30 feet. Less susceptible wetlands
include degraded wetlands dominated by invasive species such as reed
canary grass; cultivated hydric soils; and any gravel pits or dredged
material or fill material disposal sites that take on the attributes
of a wetland.
7.
In Subsection D.4.a.1, 4, 5 and 6, determinations of the extent
of the protective area adjacent to wetlands shall be made on the basis
of the sensitivity and runoff susceptibility of the wetland in accordance
with the standards and criteria in § NR 103.03, Wis. Adm.
Code.
8.
Wetland boundary delineation shall be made in accordance with
s. NR 103.08(1m). This subsection does not apply to wetlands that
have been completely filled in compliance with all applicable state
and federal regulations. The protective area for wetlands that have
been partially filled in compliance with all applicable state and
federal regulations shall be measured from the wetland boundary delineation
after a fill has been placed. Where there is a legally authorized
wetland fill, the protective area standard need not be met in that
location.
9.
For concentrated flow channels with drainage areas greater than
130 acres: 10 feet.
10.
Notwithstanding Subsection D.4.a.1 to 8, the greatest protective
area width shall apply where rivers, streams, lakes and wetlands are
contiguous.
b.
This subsection applies to post-construction sites located within
a protective area, except those areas exempted pursuant to Subsection
D.4.d of this section.
c.
The following requirements shall be met:
1.
Impervious surfaces shall be kept out of the protective area
to the maximum extent practicable. The stormwater management plan
shall contain a written site-specific explanation for any parts of
the protective area that are disturbed during construction.
2.
Where land-disturbing construction activity occurs within a
protective area, and where no impervious surface is present, adequate
sod or self-sustaining vegetative cover of 70% or greater shall be
established and maintained. The adequate sod or self-sustaining vegetative
cover shall be sufficient to provide for bank stability, maintenance
of fish habitat and filtering of pollutants from upslope overland
flow areas under sheet flow conditions. Nonvegetative materials, such
as rock riprap, may be employed on the bank as necessary to prevent
erosion, such as on steep slopes or where high velocity flows occur.
Note to permittees: It is recommended that seeding of nonaggressive
vegetative cover be used in the protective areas. Vegetation that
is flood- and drought-tolerant and can provide long-term bank stability
because of an extensive root system is preferable. Vegetative cover
can be measured using the line transect method described in the University
of Wisconsin Extension Publication Number A3533, titled "Estimating
Residue Using the Line Transect Method."
3.
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.
Note to permittees: Other regulations, such as Ch. 30, Wis.
Stats., and Chs. NR 103, 115, 116 and 117, Wis. Adm. Code, and their
associated review and approval process, may apply in the protective
area.
d.
Exemptions. This section does not apply to:
1.
Redevelopment post-construction sites.
2.
In-fill development areas less than five acres.
3.
Structures that cross or access surface waters such as boat
landings, bridges and culverts.
4.
Structures constructed in accordance with § 59.692(lv),
Wis. Stats.
5.
Post-construction sites from which runoff does not enter the
surface water, except to the extent that vegetative ground cover is
necessary to maintain bank stability.
Note to permittees: A vegetated protective area to filter runoff
pollutants from post-construction sites described in Subsection D.4.d.5
above, is not necessary since runoff is not entering the surface water
at that location. Other practices, necessary to meet the requirements
of this section, such as a swale or basin, will need to be designed
and implemented to reduce runoff pollutants before the runoff enters
a surface water of the state.
5.
Fueling and vehicle maintenance areas. Fueling and vehicle maintenance
areas shall, to the maximum extent practicable, have BMPs designed,
installed and maintained to reduce petroleum within runoff, such that
the runoff that enters waters of the state contains no visible petroleum
sheen.
Note to permittees: A combination of the following BMPs may
be used: oil and grease separators, canopies, petroleum spill cleanup
materials, or any other structural or nonstructural method of preventing
or treating petroleum in runoff.
6.
Swale treatment for transportation facilities.
a.
Applicability. Except as provided in Subsection D.6.b, transportation
facilities that use swales for runoff conveyance and pollutant removal
meet all of the requirements of this section, if the swales are designed
to the maximum extent practicable to do all of the following:
1.
Be vegetated. However, where appropriate, nonvegetative measures
may be employed to prevent erosion or provide for runoff treatment,
such as rock riprap stabilization or check dams.
Note to permittees: It is preferred that tall and dense vegetation
be maintained within the swale due to its greater effectiveness at
enhancing runoff pollutant removal.
2.
Swales shall comply with sections V.F. (Velocity and Depth)
and V.G. (Sale Geometry Criteria) with a swale treatment length as
long as that specified in section V.C. (preTreatment) of the Wisconsin
Department of Natural Resources Technical Standard 1005 "Vegetated
Infiltration Swales," dated December 2017, or a superseding document.
Transportation facility swale treatment does not have to comply with
other sections of Technical Standard 1005.
Note to permittees: Check dams may be included in the swale
design to slow runoff flows and improve pollutant removal. Transportation
facilities with continuous features such as curb and gutter, sidewalks
or parking lanes do not comply with the design requirements of this
paragraph. However, a limited amount of structural measures such as
curb and gutter may be allowed as necessary to account for other concerns
such as human safety or resource protection.
b.
Exemptions. The Director of Public Works/Village Engineer or
designee may, consistent with water quality standards, require other
provisions of this section be met on a transportation facility with
an average daily travel of vehicles greater than 2,500 and where the
initial surface water of the state that the runoff directly enters
is any of the following:
1.
An outstanding resource water.
2.
An exceptional resource water.
3.
Waters listed in § 303(d) of the Federal Clean Water
Act that are identified as impaired in whole or in part due to nonpoint
source impacts.
4.
Waters where targeted performance standards are developed under
§ NR 151.004, Wis. Adm. Code, to meet water quality standards.
5.
The transportation facility authority shall contact the Director
of Public Works/Village Engineer or designee to determine if additional
BMPs beyond a water quality swale are needed under this subsection.
Note to permittees: The Department of Natural Resource's regional
stormwater staff can determine if additional BMPs, beyond a water
quality swale, are needed under this paragraph.
[1]
Editor's Note: The TMDL Basins Map is included as an attachment
to this chapter on eCode 360.
E.
General considerations for on-site and off-site stormwater management
measures. The following considerations shall be observed in managing
runoff:
1.
Natural topography and land cover features such as natural swales,
natural depressions, native soil-infiltrating capacity, and natural
groundwater recharge areas shall be preserved and used, to the extent
possible, to meet the requirements of this section.
2.
Emergency overland flow for all stormwater facilities shall
be provided to prevent exceeding the safe capacity of downstream drainage
facilities and prevent endangerment of downstream property or public
safety.
F.
Location and regional treatment option.
1.
The BMPs may be located on site or off site as part of a regional
stormwater device, practice or system, but shall be installed in accordance
with § NR 151.003, Wis. Adm. Code.
2.
The Director of Public Works/Village Engineer or designee may
approve off-site management measures, provided that all of the following
conditions are met:
a.
The Director of Public Works/Village Engineer or designee determines
that the post-construction runoff is covered by a stormwater management
system plan that is approved by the Village of Grafton and that contains
management requirements consistent with the purpose and intent of
this chapter.
b.
The off-site facility meets all of the following conditions:
1.
The facility is in place.
2.
The facility is designed and adequately sized to provide a level
of stormwater control equal to or greater than that which would be
afforded by on-site practices meeting the performance standards of
this chapter.
3.
The facility has a legally obligated entity responsible for
its long-term operation and maintenance.
3.
Where a regional treatment option exists such that the Director
of Public Works/Village Engineer or designee exempts the applicant
from all or part of the minimum on-site stormwater management requirements,
the applicant shall be required to pay a fee in an amount determined
in negotiation with the Director of Public Works/Village Engineer.
In determining the fee for post-construction runoff, the Director
of Public Works/Village Engineer shall consider an equitable distribution
of the cost for land, engineering design, construction and maintenance
of the regional treatment option.
G.
Alternate requirements. The Director of Public Works/Village Engineer
or designee may establish stormwater management requirements more
stringent than those set forth in this section if the Director of
Public Works/Village Engineer or designee determines that an added
level of protection is needed to control stormwater quantity or control
flooding due to, but not limited to, insufficient downstream system
capacity, potential erosion of stream channels, or impacts on flood
stages, and to comply with federally approved total maximum daily
load requirements, or control pollutants associated with existing
development or redevelopment.
A.
Permit required. No responsible party may undertake a land-disturbing
construction activity without receiving a post-construction runoff
permit from the Director of Public Works/Village Engineer prior to
commencing the proposed activity.
B.
Permit application and fees. Unless specifically excluded by this
chapter, any responsible party desiring a permit shall submit to the
Director of Public Works/Village Engineer a permit application made
on a form provided by the Director of Public Works/Village Engineer-for
that purpose.
1.
Unless otherwise excepted by this chapter, a permit application
must be accompanied by a stormwater management plan, a maintenance
agreement and a nonrefundable permit administration fee.
2.
The stormwater management permit application can be found on
the Village website and at the Village office located at 675 North
Green Bay Road, Grafton, WI 53024. The required fee is listed on the
permit application.
3.
The stormwater management plan shall be prepared to meet the requirements of §§ 23.01.070 and 23.01.090; the maintenance agreement shall be prepared to meet the requirements of § 23.01.100; the financial guarantee shall meet the requirements of § 23.01.110; and fees shall be those established by the Village Board as set forth in § 23.01.120.
C.
Review and approval of permit application. The Director of Public
Works/Village Engineer or designee shall review any permit application
that is submitted with a stormwater management plan, maintenance agreement,
and the required fee. The following approval procedure shall be used:
1.
Within 10 business days of the receipt of a complete permit application, including all items as required by § 23.01.080B, the Director of Public Works/Village Engineer or designee shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this chapter.
2.
If the stormwater permit application, plan and maintenance agreement
are approved, or if an agreed upon payment of fees in lieu of stormwater
management practices is made, the Director of Public Works/Village
Engineer or designee shall issue the permit.
3.
If the stormwater permit application, plan or maintenance agreement
is disapproved, the Director of Public Works/Village Engineer or designee
shall detail in writing the reasons for disapproval.
4.
The Director of Public Works/Village Engineer or designee may
request additional information from the applicant. If additional information
is submitted, the Director of Public Works/Village Engineer or designee
shall have 10 business days from the date the additional information
is received to inform the applicant that the plan and maintenance
agreement are either approved or disapproved.
5.
Failure by the Director of Public Works/Village Engineer or
designee to inform the permit applicant of a decision within 15 business
days of a required submittal shall be deemed to mean approval of the
submittal, and the applicant may proceed as if a permit had been issued.
D.
Permit requirements. All permits issued under this chapter shall be subject to the following conditions, and holders of permits issued under this chapter shall be deemed to have accepted these conditions. The Director of Public Works/Village Engineer or designee may suspend or revoke a permit for violation of a permit condition following written notification of the responsible party. An action by the Director of Public Works/Village Engineer or designee to suspend or revoke this permit may be appealed in accordance with § 23.01.140.
1.
Compliance with this permit does not relieve the responsible
party of the responsibility to comply with other applicable federal,
state and local laws and regulations.
2.
The responsible party shall design and install all structural
and nonstructural stormwater management measures in accordance with
the approved stormwater management plan and this permit.
3.
The responsible party shall notify the Director of Public Works/Village Engineer or designee at least 10 business days before commencing any work in conjunction with the stormwater management plan and within five business days upon completion of the stormwater management practices. If required as a special condition under § 23.01.080E, the responsible party shall make additional notification according to a schedule set forth by the Director of Public Works/Village Engineer or designee so that practice installations can be inspected during construction.
4.
Practice installations required as part of this chapter shall
be certified "as built" by a licensed professional engineer. Completed
stormwater management practices must pass a final inspection by the
Director of Public Works/Village Engineer or designee or its designee
to determine if they are in accordance with the approved stormwater
management plan and ordinance. The Director of Public Works/Village
Engineer, or its designee, shall notify the responsible party in writing
of any changes required in such practices to bring them into compliance
with the conditions of this permit.
5.
The responsible party shall notify the Director of Public Works/Village
Engineer or designee of any significant modifications it intends to
make to an approved stormwater management plan. The Director of Public
Works/Village Engineer or designee may require that the proposed modifications
be submitted to it for approval prior to incorporation into the stormwater
management plan and execution by the responsible party.
6.
The responsible party shall maintain all stormwater management
practices in accordance with the stormwater management plan until
the practices either become the responsibility of the Village Board
or are transferred to subsequent private owners as specified in the
approved maintenance agreement.
7.
The responsible party authorizes the Director of Public Works/Village Engineer or designee to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan and consents to a special assessment or charge against the property as authorized under Subch. VII of Ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 23.01.110.
8.
If so directed by the Director of Public Works/Village Engineer
or designee, the responsible party shall repair at the responsible
party's own expense all damage to adjoining municipal facilities and
drainageways caused by runoff, where such damage is caused by activities
that are not in compliance with the approved stormwater management
plan.
9.
The responsible party shall permit property access to the Director
of Public Works/Village Engineer or its designee for the purpose of
inspecting the property for compliance with the approved stormwater
management plan and this permit.
10.
Where site development or redevelopment involves changes in
direction, increases in peak rate and/or total volume of runoff from
a site, the Director of Public Works/Village Engineer or designee
may require the responsible party to make appropriate legal arrangements
with affected property owners concerning the prevention of endangerment
to property or public safety.
F.
Permit duration. Permits issued under this section shall be valid
from the date of issuance through the date the Director of Public
Works/Village Engineer or designee notifies the responsible party
that all stormwater management practices have passed the final inspection
required under Subsection D.4 of this section.
A.
Plan requirements. The stormwater management plan required under § 23.01.080B.2 shall contain at a minimum the following information:
1.
Name, address and telephone number for the following or their
designees: landowner; developer; project engineer for practice design
and certification; person(s) responsible for installation of stormwater
management practices; and person(s) responsible for maintenance of
stormwater management practices prior to the transfer, if any, of
maintenance responsibility to another party.
2.
A proper legal description of the property proposed to be developed,
referenced to the U.S. Public Land Survey system or to block and lot
numbers within a recorded land subdivision plat.
3.
Predevelopment site conditions, including:
a.
One or more site maps at a scale of not less than one inch equals
40 feet. The site maps shall show the following: site location and
legal property description; predominant soil types and hydrologic
soil groups; existing cover type and condition; topographic contours
of the site at a scale not to exceed two feet; topography and drainage
network including enough of the contiguous properties to show runoff
patterns onto, through and from the site; watercourses that may affect
or be affected by runoff from the site; time of concentration flow
path and direction for all stormwater conveyance sections; watershed
boundaries used in hydrology determinations to show compliance with
performance standards; lakes, streams, wetlands, channels, ditches,
and other watercourses on and immediately adjacent to the site; limits
of the 100-year floodplain; location of wells and wellhead protection
areas covering the project area and delineated pursuant to § NR
811.16, Wis. Adm. Code.
b.
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. All major assumptions used
in developing input parameters shall be clearly stated. The geographic
areas used in making the calculations shall be clearly cross-referenced
to the required map(s).
4.
Post-development site conditions, including:
a.
Explanation of the provisions to preserve and use natural topography
and land cover features to minimize changes in peak flow runoff rates
and volumes to surface waters and wetlands.
b.
Explanation of any restrictions on stormwater management measures
in the development area imposed by wellhead protection plans and ordinances.
c.
One or more site maps at a scale of not less than one inch equals
40 feet showing the following: post-construction pervious areas, including
vegetative cover type and condition; impervious surfaces, including
all buildings, structures and pavement; post-construction topographic
contours of the site at a scale not to exceed two feet; post-construction
drainage network, including enough of the contiguous properties to
show runoff patterns onto, through and from the site; locations and
dimensions of drainage easements; locations of maintenance easements
specified in the maintenance agreement; flow path and direction for
all stormwater conveyance sections; location and type of all stormwater
management conveyance and treatment practices, including the on-site
and off-site tributary drainage area; location and type of conveyance
system that will carry runoff from the drainage and treatment practices
to the nearest adequate outlet such as a curbed street, storm drain
or natural drainageway; watershed boundaries used in hydrology and
pollutant loading calculations, and any changes to lakes, streams,
wetlands, channels, ditches and other watercourses on and immediately
adjacent to the site.
d.
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. The computations shall be made
for each discharge point in the development, and the geographic areas
used in making the calculations shall be clearly cross-referenced
to the required map(s).
e.
Results of investigations of soils and groundwater required
for the placement and design of stormwater management measures. Detailed
drawings including cross sections and profiles of all permanent stormwater
conveyance and treatment practices.
5.
Design calculations, summary tables, and a description and installation schedule for the stormwater management practices needed to meet the performance standards in § 23.01.070.
6.
A maintenance plan developed for the life of each stormwater management practice, including the required maintenance activities and maintenance activity schedule. The maintenance plan shall be incorporated into a maintenance agreement meeting the requirements of § 23.01.100.
7.
Cost estimates for the construction, operation and maintenance
of each stormwater management practice.
8.
Other information requested in writing by the Director of Public
Works/Village Engineer or designee to determine compliance of the
proposed stormwater management measures with the provisions of this
chapter.
9.
All site investigations, plans, designs, computations and drawings
shall be certified by a licensed professional engineer, to be prepared
in accordance with accepted engineering practice and requirements
of this chapter.
B.
Alternate requirements. The Director of Public Works/Village Engineer or designee may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 23.01.070D.3.e.
A.
This section establishes methods for controlling the introduction
of pollutants into the municipal separate storm sewer system (MS4)
in order to comply with requirements of the Wisconsin Pollutant Discharge
Elimination System (WPDES) permit process.
B.
Applicability. This section shall apply to all water entering the
storm drain system generated on any developed and undeveloped lands
unless explicitly exempted by the Director of Public Works/Village
Engineer or designee.
C.
Responsibility for administration. The Director of Public Works/Village
Engineer or designee shall administer, implement, and enforce the
provisions of this section. Any powers granted or duties imposed upon
the Director of Public Works/Village Engineer or designee may be delegated
to persons or entities acting in the beneficial interest of or in
the employ of the Village.
D.
Illicit discharge prohibitions.
1.
No person shall discharge or cause to be discharged into the
municipal storm sewer system or watercourses any materials, including,
but not limited to, pollutants or waters containing any pollutants
that cause or contribute to a violation of applicable water quality
standards, other than stormwater.
2.
Exemptions. The commencement, conduct or continuance of any
illegal discharge to the storm drain system is prohibited except as
described as follows:
a.
The following discharges are exempt from discharge prohibitions
established by this section: water line flushing or other potable
water sources, landscape irrigation or lawn watering, diverted stream
flows, rising groundwater, groundwater infiltration to storm drains,
uncontaminated pumped groundwater, foundation or footing drains (not
including active groundwater dewatering systems), crawl space pumps,
air conditioning condensation, springs, noncommercial washing of vehicles,
natural riparian habitat or wetland flows, swimming pools (refer to
swimming pool discharge general permit for how/when pools can be discharged
into storm sewers: https://dnr.wi.gov/topic/wastewater/generalpermits.html),
firefighting activities, and any other water source not containing
pollutants.
b.
Discharges specified in writing by the Director of Public Works/Village
Engineer or designee as being necessary to protect public health and
safety.
c.
Dye testing is an allowable discharge, but requires a verbal
notification to the Director of Public Works/Village Engineer or designee
prior to the time of the test.
d.
The prohibition shall not apply to any non-stormwater discharge
permitted under an WPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the
Wisconsin Department of Natural Resources, provided that the discharger
is in full compliance with all requirements of the permit, waiver,
or order and other applicable laws and regulations, and provided that
written approval has been granted for any discharge to the storm drain
system.
3.
Illicit connection prohibitions. The construction, use, maintenance,
or continued existence of illicit connections to the storm drain system
is prohibited. This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
4.
Suspension of MS4 access.
a.
Suspension due to illicit discharges in emergency situations.
The Director of Public Works/Village Engineer or designee may, without
prior notice, suspend MS4 discharge access to a person when such suspension
is necessary to stop an actual or threatened discharge that presents
or may present imminent and substantial danger to the environment,
or to the health or welfare of persons, or to the MS4 or waters of
the State of Wisconsin. If the violator fails to comply with a suspension
order issued in an emergency, the Director of Public Works/Village
Engineer or designee may take such steps as deemed necessary to prevent
or minimize damage to the MS4 or waters of the State of Wisconsin,
or to minimize danger to persons.
b.
Suspension due to the detection of illicit discharge. Any person
discharging to the MS4 in violation of this section may have their
MS4 access terminated if such termination would abate or reduce an
illicit discharge. The Director of Public Works/Village Engineer or
designee shall notify a violator of the proposed termination of its
MS4 access. The violator may petition the Director of Public Works/Village
Engineer or designee for a reconsideration and hearing.
5.
Monitoring of discharges.
a.
The Director of Public Works/Village Engineer or designee shall
be permitted to enter and inspect facilities subject to regulation
under this section as often as may be necessary to determine compliance
with this section.
b.
Facility operators shall allow the Director of Public Works/Village
Engineer or designee ready access to all parts of the premises for
the purposes of inspection, sampling, examination and copying of records
that must be kept under the conditions of a WPDES permit to discharge
stormwater, and the performance of any additional duties as defined
by state and federal law.
c.
Unreasonable delay in allowing the Director of Public Works/Village
Engineer or designee access to a permitted facility is a violation
of a stormwater discharge permit and of this section. A person who
is the operator of a facility with a WPDES permit to discharge stormwater
associated with industrial activity commits an offense if the person
denies the Director of Public Works/Village Engineer or designee reasonable
access to the permitted facility for the purpose of conducting any
activity authorized or required by this section.
d.
If the Director of Public Works/Village Engineer or designee
has been refused access to any part of the premises from which stormwater
is discharged, and he/she is able to demonstrate probable cause to
believe that there may be a violation of this section, or that there
is a need to inspect and/or sample as part of a routine inspection
and sampling program designed to verify compliance with this section
or any order issued hereunder, or to protect the overall public health,
safety, and welfare of the community, then the Director of Public
Works/Village Engineer or designee may seek issuance of a search warrant
from any court of competent jurisdiction.
6.
Requirement to prevent, control, and reduce stormwater pollutants
by the use of best management practices. The owner or operator of
a commercial or industrial establishment shall provide, at their own
expense, reasonable protection from accidental discharge of prohibited
materials or other wastes into the municipal storm drain system or
watercourses through the use of these structural and nonstructural
BMPs. Further, any person responsible for a property or premises may
be required to implement, at said person's expense, additional structural
and nonstructural BMPs to prevent the further discharge of pollutants
to the MS4.
7.
Watercourse protection. Every person owning property through
which a watercourse passes, or such person's lessee, shall keep and
maintain that part of the watercourse within the property free of
trash, debris, excessive vegetation, and other obstacles that would
pollute, contaminate, or significantly retard the flow of water through
the watercourse. In addition, the owner or lessee shall maintain existing
privately owned structures within or adjacent to a watercourse so
that such structures will not become a hazard to the use, function,
or physical integrity of the watercourse.
8.
Notification of spills. Notwithstanding other requirements of
law, as soon as any person responsible for a facility or operation,
or responsible for emergency response for a facility or operation,
has information of any known or suspected release of materials which
are resulting or may result in illegal discharges or pollutants discharging
into stormwater, the storm drain system, or water of the State of
Wisconsin, said person shall take all necessary steps to ensure the
discovery, containment, and cleanup of such release. In the event
of such a release of hazardous materials, said person shall immediately
notify emergency response agencies of the occurrence via emergency
dispatch services. In the event of a release of nonhazardous materials,
said person shall notify the Director of Public Works/Village Engineer
or designee in person or by phone or facsimile no later than the next
business day. Notifications in person or by phone shall be confirmed
by written notice addressed and mailed to the Director of Public Works/Village
Engineer or designee within three business days of the phone notice.
If the discharge of prohibited materials emanates from a commercial
or industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least three years.
9.
Enforcement.
a.
Any land-disturbing construction activity, post-construction
runoff, or illicit discharge initiated after the effective date of
this section by any person subject to the section provisions shall
be deemed a violation unless conducted in accordance with the requirements
of this section.
b.
The Director of Public Works/Village Engineer or designee shall
notify the responsible party of any noncomplying land-disturbing construction
activity, post-construction runoff, or illicit discharge. The notice
shall describe the nature of the violation, remedial actions needed,
a schedule for remedial action, or additional enforcement action that
may be taken. Any technique that effectively provides actual and verifiable
notice may be used.
c.
If the violations are likely to result in damage to properties,
public facilities, or waters of the state, the Director of Public
Works/Village Engineer or designee may enter the land and take corrective
actions necessary to prevent such damage. The costs incurred by the
Director of Public Works/Village Engineer or designee plus interest
and legal costs shall be paid by the responsible party.
d.
If the Director of Public Works/Village Engineer or designee
determines that any person is in violation of this section or a stormwater
permit, the Director of Public Works/Village Engineer or designee
may issue a notice of violation, a stop-work order, a cease-and-desist
order, or revoke the permit, or refer the noncompliance to the Village
Attorney for civil enforcement, penalties, injunctive orders or other
appropriate relief.
e.
Every violation of this section is a public nuisance. Any person
who violates this section shall be subject to a forfeiture of not
less than $10 nor more than $10,000 per offense, together with the
costs of prosecution. Each day each violation continues shall constitute
a separate offense.
f.
When the Director of Public Works/Village Engineer or designee determines that the holder of a permit issued pursuant to this section has failed to follow practices, has failed to comply with schedules in a stormwater management plan, or has failed to comply with the terms of the illicit discharge suspension, the Director of Public Works/Village Engineer or designee or a party designated by the Director of Public Works/Village Engineer or designee may enter upon the land and perform the work or other operations necessary to bring the condition of said lands to approved plan. The Director of Public Works/Village Engineer or designee shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to § 23.01.110 for financial guarantee. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with the property taxes.
A.
Maintenance agreement required. The maintenance agreement required under § 23.01.080B for stormwater management practices shall be an agreement between the Director of Public Works/Village Engineer or designee and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.
B.
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 23.01.090A.6:
1.
Identification of the stormwater facilities and designation
of the drainage area served by the facilities.
2.
A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under § 23.01.080B.
3.
Identification of the responsible party(s), organization or city, county, town or village responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan required under § 23.01.080B.
4.
Requirement that the responsible party(s), organization or city,
county, town or village shall maintain stormwater management practices
in accordance with the schedule included in Subsection B.2.
5.
Authorization for the Director of Public Works/Village Engineer
or designee to access the property to conduct inspections of stormwater
management practices as necessary to ascertain that the practices
are being maintained and operated in accordance with the agreement.
6.
A requirement on the Director of Public Works/Village Engineer
or designee to maintain public records of the results of the site
inspections, to inform the responsible party responsible for maintenance
of the inspection results, and to specifically indicate any corrective
actions required to bring the stormwater management practice into
proper working condition.
7.
Agreement that the party designated under Subsection B.3 as
responsible for long-term maintenance of the stormwater management
practices shall be notified by the Director of Public Works/Village
Engineer or designee of maintenance problems which require correction.
The specified corrective actions shall be undertaken within a reasonable
time frame as set by the Director of Public Works/Village Engineer
or designee.
8.
Authorization of the Director of Public Works/Village Engineer or designee to perform the corrected actions identified in the inspection report if the responsible party designated under Subsection B.3 does not make the required corrections in the specified time period. The Director of Public Works/Village Engineer or designee shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subch. VII of Ch. 66, Wis. Stats.
A.
Establishment of the guarantee. The Director of Public Works/Village
Engineer may require the submittal of a financial guarantee, the form
and type of which shall be acceptable to the Director of Public Works/Village
Engineer. The financial guarantee shall be in an amount determined
by the Director of Public Works/Village Engineer to be the estimated
cost of construction and the estimated cost of maintenance of the
stormwater management practices during the period which the designated
party in the maintenance agreement has maintenance responsibility.
The financial guarantee shall give the Director of Public Works/Village
Engineer the authorization to use the funds to complete the stormwater
management practices if the responsible party defaults or does not
properly implement the approved stormwater management plan, upon written
notice to the responsible party by the Director of Public Works/Village
Engineer that the requirements of this chapter have not been met.
B.
Conditions for release. Conditions for the release of the financial
guarantee are as follows:
1.
The Director of Public Works/Village Engineer shall release
the portion of the financial guarantee established under this section,
less any costs incurred by the Director of Public Works/Village Engineer
to complete installation of practices, upon submission of as-built
plans by a licensed professional engineer. The Director of Public
Works/Village Engineer may make provisions for a partial pro rata
release of the financial guarantee based on the completion of various
development stages.
2.
The Director of Public Works/Village Engineer shall release
the portion of the financial guarantee established under this section
to assure maintenance of stormwater practices, less any costs incurred
by the Director of Public Works/Village Engineer, at such time that
the responsibility for practice maintenance is passed on to another
entity via an approved maintenance agreement.
The fees referred to in other sections of this chapter shall
be established by the Village Board and may from time to time be modified
by resolution. A schedule of the fees established by the Village Board
shall be available for review at the Department of Public Works, 1300
Hickory Street, Grafton, Wisconsin.
A.
The Village Board hereby designates the Director of Public Works/Village
Engineer or designee to administer and enforce the provisions of this
chapter.
B.
Any land-disturbing construction activity, post-construction runoff,
or illicit discharge initiated after the effective date of this chapter
by any person, firm, association or corporation subject to the ordinance
provisions shall be deemed a violation unless conducted in accordance
with the requirements of this chapter.
C.
The Director of Public Works/Village Engineer or designee shall notify
the responsible party by certified mail of any noncomplying land-disturbing
construction activity, post-construction runoff, or illicit discharge.
The notice shall describe the nature of the violation, remedial actions
needed, a schedule for remedial action, and additional enforcement
action which may be taken.
D.
Upon receipt of written notification from the Director of Public Works/Village Engineer or designee under Subsection C, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Director of Public Works/Village Engineer or designee in the notice.
E.
If the violations to a permit issued pursuant to this chapter are
likely to result in damage to properties, public facilities, or waters
of the state, the Director of Public Works/Village Engineer or designee
may enter the land and take emergency actions necessary to prevent
such damage. The costs incurred by the Director of Public Works/Village
Engineer or designee plus interest and legal costs shall be billed
to the responsible party.
F.
The Director of Public Works/Village Engineer or designee is authorized
to post a stop-work order on all land-disturbing construction activity
that is in violation of this chapter, or to request the Village Attorney
to obtain a cease-and-desist order in any court with jurisdiction.
G.
The Director of Public Works/Village Engineer or designee may revoke
a permit issued under this chapter for noncompliance with ordinance
provisions.
H.
Any permit revocation, stop-work order, or cease-and-desist order
shall remain in effect unless retracted by the Director of Public
Works/Village Engineer or designee or by a court with jurisdiction.
I.
The Director of Public Works/Village Engineer or designee is authorized
to refer any violation of this chapter, or of a stop-work order or
cease-and-desist order issued pursuant to this chapter, to the Village
Attorney for the commencement of further legal proceedings in any
court with jurisdiction.
J.
Any person, firm, association or corporation who or which does not
comply with the provisions of this chapter shall be subject to a forfeiture
of not less than $50 nor more than $500 per offense, together with
the costs of prosecution. Each day that the violation exists shall
constitute a separate offense.
K.
Compliance with the provisions of this chapter may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease-and-desist order before resorting
to injunctional proceedings.
Note to permittees: Injunctional orders are authorized pursuant
to § 59.69(11), 61.35 or 62.23(8), Wis. Stats., for counties,
villages and towns with village powers, and cities, respectively.
L.
When the Director of Public Works/Village Engineer or designee determines that the holder of a permit issued pursuant to this chapter has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, or has failed to comply with the terms of the illicit discharge suspension, the Director of Public Works/Village Engineer or a party designated by the Director of Public Works/Village Engineer may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The Director of Public Works/Village Engineer or designee shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to § 23.01.110 of this chapter. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.
A.
Board of Appeals. The Board of Appeals, created pursuant to Chapter 2.34 of the Village of Grafton Code pursuant to § 61.354(4)(b), Wis. Stats, shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Director of Public Works/Village Engineer or designee in administering this chapter. The Board shall also use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals. Upon appeal, the Board may authorize variances from the provisions of this chapter that are not contrary to the public interest and where owing to special conditions a literal enforcement of the ordinance will result in unnecessary hardship.
B.
Who may appeal. Appeals to the Board of Appeals may be taken by any
aggrieved person or by an officer, department, board or bureau of
the Village of Grafton affected by any decision of the Director of
Public Works/Village Engineer or designee.
If any section, clause, provision or portion of this chapter
is judged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of the chapter shall remain in force and not be affected
by such judgment.
This chapter shall be in force and effect from and after its
adoption and publication.
