[HISTORY: Adopted by the Village Board of the Village of
Denmark as indicated in article histories. Amendments noted where
applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
The Village of Denmark finds that the management of stormwater and
other surface water discharges within and beyond its borders is a
matter that affects the public health, safety and welfare of the Village,
its citizens and businesses and others in the surrounding area. The
development of land increases impervious surfaces and results in increased
stormwater runoff. Failure to effectively manage this increased stormwater
runoff affects the sanitary sewer utility operations of the Village
by, among other things, increasing the likelihood of infiltration
and inflow in the sanitary sewer. In addition, surface water runoff
may create erosion of lands, threaten businesses and residences with
water damage and create sedimentation and other environmental damage
in the Village.
B.
The cost of operating and maintaining the Village stormwater management
system, ensuring regulatory compliance, and financing necessary plans,
studies, repairs, replacements, improvements and extension thereof
should, to the extent practicable, be allocated in relationship to
the benefits enjoyed and services received therefrom.
A.
In order to protect the health, safety and welfare of the public,
the Village Board is exercising its authority to establish the Village
of Denmark Stormwater Management Utility and set the rates for stormwater
management services.
B.
The operation of the Stormwater Management Utility shall be under
the supervision of the Village Board. The Public Works Director will
be in charge of the Stormwater Management Utility.
C.
The Village is acting under the authority of Chapters 61 and 66 of
the Wisconsin Statutes, and particularly without limitation the following
sections: §§ 66.0621, 66.0627, 66.0701, 66.0703, 66.0809,
66.0811, 66.0813 and 66.0821.
A.
Facilities. The Village through the Stormwater Management Utility
may acquire, construct, lease, own, operate, maintain, extend, expand,
replace, clean, dredge, repair, conduct, manage and finance such facilities
as are deemed by the Village to be proper and reasonably necessary
for a system of stormwater and surface water management. These facilities
may include, without limitation by enumeration, surface and underground
drainage facilities, sewers, watercourses, retaining walls and ponds
and such other facilities as will support a stormwater management
system.
B.
Rates and charges. The Village through the Stormwater Management
Utility may establish such rates and charges as are necessary to finance
planning, design, construction, maintenance and operation of the facilities
in accordance with the procedures set forth in this article.
C.
Budgeting process. The Village through the Stormwater Management
Utility shall prepare an annual budget, which is to include all operation
and maintenance costs, debt service and other costs related to the
operation of the Stormwater Management Utility. The costs shall be
spread over the rate classifications as determined by the Board. The
budget is subject to the public hearing and approval process set forth
in § 65.90, Wis. Stats.
D.
Excess revenues. The Village will retain any excess of revenues over
expenditures in a year in a segregated Stormwater Enterprise Fund
which shall be used exclusively for purposes consistent with this
article.
In this article, the following terms have the meanings set forth
below:
A residential space containing two dwelling units.
One or more rooms that are arranged, designed or used as
living quarters for one family only. Individual bathrooms and complete
kitchen facilities, permanently installed, shall always be included
for each dwelling unit.
The unit by which a storm sewer charge is calculated in this
article and is based on average horizontal impervious area of a fully
developed single-family parcel within the Village. An ERU is established
as 3,221 square feet.
That portion of any agricultural property which contains
one or more dwelling units, regardless of whether the dwelling units
are on a separate lot or parcel.
A horizontal surface that has been compacted or covered with
a layer of material so that it is highly resistant to infiltration
by rainwater. It includes, but is not limited to, semi-impervious
surfaces such as compacted clay as well as streets, roofs, sidewalks,
parking lots, driveways and other similar surfaces.
A parcel of land having a width and depth sufficient for one principal building and its accessory building together with open spaces required by Chapter 315, Zoning, and abutting a public street or access easement.
A residential space consisting of three or more dwelling
units.
Any developed lot or parcel, other than residential property
as defined herein, including but not limited to transient rentals
(such as hotels and motels), mobile home parks, and commercial, industrial,
institutional, and governmental property and parking lots.
Any lot, parcel or farmstead home site developed exclusively
for residential purposes, including single-family homes, duplex units,
and multifamily units, but not including transient rentals (such as
hotels and motels) and mobile home parks.
Any residential property consisting of a single dwelling
unit.
Any natural or man-made stormwater conveyance facility operated
or maintained by the Village, including but not limited to retention/detention
ponds, ditches, storm sewer, roads and navigable and non-navigable
waterways.
Property that has not been altered by the addition of any
improvements, such as a building, structure, change of grade or substantial
landscaping; agricultural use of property; or property that has been
graded for residential or commercial development but does not have
buildings, structures or other improvements. A property shall be considered
developed pursuant to this article upon issuance of a certificate
of occupancy or upon substantial completion of construction or final
inspection if no such certificate is issued or where construction
is at least 50% complete and construction is halted for a period of
three months.
A.
By this article, the Village Board is establishing the basis for
the rates that will be used to calculate and impose a charge upon
each developed lot and parcel within the Village for services and
facilities provided by the Stormwater Management Utility consistent
with this article.
B.
The amount of the charge to be imposed for each customer classification
shall be made by resolution. All rates established pursuant to this
article will be fair and reasonable. The current rates will be on
file with the Village Clerk.
C.
Charges shall be imposed to recover all or a portion of the costs
for the Stormwater Management Utility. Such charges may include the
following components:
(1)
Base charge (BC). The base charge may be imposed on all developed
property in the Village. The base charge will be designed to reflect
the fact that all developed properties benefit from the stormwater
management activities of the Village and that all developed properties
contribute in some way to the stormwater discharge that must be managed
by the Village. The base charge will be designed to collect the administrative
costs of the Stormwater Management Utility and the portion of capital
costs not covered by other means.
(2)
Equivalent runoff unit (ERU) charge. The ERU charge may be assessed for each developed property in the Village based upon the amount of impervious area as reasonably determined by the Public Works Director under § 256-7 of this article.
(3)
Special charge (SC). A special charge may be imposed on property
that is in a specific area benefited by a particular stormwater management
facility. The special charge will be developed to reflect the benefits/services
in a particular area that may not be appropriate to spread to property
throughout the Village.
(4)
Connection charge (CC). A one-time charge may be imposed when a property
is converted from undeveloped to developed property or otherwise becomes
connected to the Village stormwater management system. The charge
may vary based on the size of the parcel.
A.
The Village Board may provide credits against the ERU and SC charges
but not the base charge or connection charge.
B.
To be entitled to consideration for a credit, the property owner
shall file an application together with a review fee with the Village
Clerk/Treasurer that is supported by documentation from a professional
engineer and demonstrates that the conditions of this section have
been met. The application is subject to review and approval of the
Public Works Director. If the Public Works Director needs additional
engineering expertise to complete his/her review, the Public Works
Director can deny the application unless the property owner agrees
to pay for the necessary engineering services.
C.
Credits may be provided under the following circumstances:
(1)
A nonresidential property owner may seek a credit on the ERU charge
where it has installed and maintained facilities that result in the
detention of stormwater on site. An ERU credit may be obtained based
on the percent of a twenty-five-year storm event that is detained
on site prior to discharge.
(2)
Any property owner may seek a credit on the SC charge if stormwater
from the property does not drain into any stormwater system that is
the subject of the special charge.
D.
The Public Works Director may revoke the credit if the basis for
the credit has materially changed. The Public Works Director shall
provide at least 30 days' advance written notice of any proposed revocation.
E.
A denial or revocation of any credit may be appealed under 256-9
of this article.
[Amended 10-7-2019 by Ord. No. 2019-06]
A.
For purposes of imposing the base and ERU charges, all lots and parcels
within the Village shall be classified into the following five customer
classes:
B.
The consultant shall prepare a list of lots within the Village and
assign a customer classification to each lot or parcel.
C.
Equivalent runoff units shall be calculated per classification as
follows:
(1)
Residential — single-family: one ERU.
(2)
Residential — duplex: 0.75 ERU for each dwelling unit.
(3)
Residential — multifamily: 0.6 ERU times the number of dwelling
units.
(4)
For nonresidential properties, the Public Works Director shall be
responsible for determining the impervious area based on the best
available Information, including but not limited to data supplied
by the Village Assessor, aerial photography, the property owner, tenant
or developer, or actual on-site measurement. The Public Works Director
may require additional information as necessary to make the determination.
The billing amount shall be updated by the Public Works Director based
on any additions to the impervious area as approved through the building
permit process. The charges imposed for nonresidential properties
shall be the rate for one ERU, multiplied by the numerical factor
obtained by dividing the total impervious area of a nonresidential
property by the impervious square footage of one ERU. The numerical
factor shall be rounded down to the nearest 0.1 i.e.:
|
ERU rate multiplied by impervious area (square feet)
|
|
divided by 3,221 square feet
|
(5)
Undeveloped properties: no ERU.
A.
Stormwater Management Utility charges will be billed quarterly, with
said charges to appear on the bill issued for municipal water and
sanitary sewer service. Nothing in this subsection shall be construed
to preclude the Stormwater Management Utility from billing on a more
frequent basis should the frequency of billing for municipal water
and sanitary sewer service be increased.
B.
The bills for Stormwater Management Utility charges shall be mailed
to the designated utility bill recipient, but this mailing shall not
relieve the owner of the property from liability for rental property
in the event payment is not made as required in this article. The
owner of any property served which is occupied by tenants shall have
the right to examine collection records of the Village for the purpose
of determining whether such charges have been paid for such tenants,
provided that such examination shall be made at the office at which
the records are kept and during the hours that such office is open
for business.
C.
If Stormwater Management Utility charges remain unpaid after a period
of 30 days from the date the utility bill was mailed, such bill shall
be determined delinquent. The Village may collect delinquent charges
under §§ 66.0821(4) and 66.0809(3), Wis. Stats.
D.
All delinquent charges shall be subject to a three-percent penalty
per quarter in addition to all other charges, including prior penalties
or interest, that exist when the delinquent charge is extended upon
the tax roll.
E.
For any Stormwater Management Utility services provided for which
a service charge was or was not charged, billing or credits for such
services shall be issued up to 24 months from the date of discovery
of such error.
A.
The Stormwater Management Utility charge, a determination of ERUs,
or ERU credits may be appealed by filing a written appeal with the
Village Clerk prior to the utility charge due date, if not paid, or
within 30 days of payment. The appeal shall specify all bases for
the challenge and the amount of the stormwater charge the customer
asserts is appropriate. Failure to file a timely challenge waives
all right to later challenge that charge.
B.
The Public Works Director will determine whether the stormwater charge
is fair and reasonable or whether a refund is due the customer. The
Public Works Director may act with or without a hearing and will inform
the customer in writing of his or her decision.
C.
The customer has 30 days from the decision of the Public Works Director
to file a written appeal to the Village Board.
D.
If the Board or the Public Works Director determines that a refund
is due the customer, the refund will be applied as a credit on the
customer's next quarterly stormwater billing, if the refund will not
exceed the customer's next quarterly stormwater billing, or will be
refunded at the discretion of the Public Works Director.
A.
In addition to any other method for collection of the charges established
pursuant to this article for Stormwater Management Utility costs,
the Village Board finds that these charges may be levied on property
as a special charge pursuant to § 66.0627, Wis. Stats. The
charges established hereunder reasonably reflect the benefits conferred
on property and may be assessed as special charges. The mailing of
the bill for such charges to the owner will serve as notice to the
owner that failure to pay the charges when due may result in them
being charged pursuant to the authority of § 66.0627(4),
Wis. Stats., and placed upon the tax roll.
B.
In addition to any other method of charging for Stormwater Management
Utility costs, the Village Board may by resolution collect special
assessments on property in a limited and determinable area for special
benefits conferred upon property pursuant to § 66.0703,
Wis. Stats. The failure to pay such special assessments may result
in a lien on the property enforced pursuant to § 66.0703(13),
Wis. Stats.
[Adopted 2-3-2020 by Ord. No. 2020-03]
A.
This article is adopted by the Village Board under the authority
granted by Wis. Stats. § 61.354, for villages. This article
supersedes all provisions of an ordinance previously enacted under
Wis. Stats. § 61.35, that relate to stormwater management
regulations. Except as otherwise specified in Wis. Stats. § 61.354,
Wis. Stats. § 61.35 applies to this article and to any amendments
to this article.
B.
The provisions of this article 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
or their designee to administer and enforce the provisions of this
article.
D.
The requirements of this article 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 Wis. Stats. §§ 281.16
and 283.33.
(2)
Targeted nonagricultural performance standards promulgated in rules
by the Wisconsin Department of Natural Resources under Wis. Adm. Code
§ NR 151.004.
The Village Board acknowledges 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:
A.
Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
B.
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.
C.
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads.
D.
Reduce the quality of groundwater by increasing pollutant loading.
E.
Threaten public health, safety, property and general welfare by overtaxing
storm sewers,
F.
Drainage ways, and other minor drainage facilities.
A.
Purpose. The general purpose of this article 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; and control
increases in the scouring and transportation of particulate matter.
(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 article regulates
post-construction stormwater discharges to waters of the state. This
article 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 article 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 Wis. Stats. § 281.16, for regional stormwater
management measures and have been approved by the Village Board, it
is the intent of this article that the approved stormwater management
plan be used to identify post-construction management measures acceptable
for the community.
A.
Applicability.
(1)
Except as provided under Subsection A(2), this article applies to all post-construction sites. A site that meets any of the criteria in this paragraph is exempt from the requirements of this article:
(a)
Transportation facilities, except transportation facility post-construction
sites that are part of a larger common plan of development such as
local roads within a residential or industrial development.
(b)
Nonpoint discharges from agricultural facilities and practices.
(c)
Nonpoint discharges from silviculture activities.
(d)
One and two-family residential dwellings that are not part of
a larger common plan of development or sale and that result in less
than one acre of disturbance.
(e)
Underground utility construction, but not including the construction
of any above ground structures associated with utility construction.
(2)
Notwithstanding the applicability requirements in Subsection A(1), this article applies to post-construction sites of any size that, as determined by the Director of Public Works, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, causes undue channel erosion, or increases water pollution by scouring or the transportation of particulate matter.
B.
Jurisdiction. This article applies to post construction sites within
the boundaries and jurisdiction of the Village of Denmark.
C.
Exclusions. This article is not applicable to activities conducted
by a state agency, as defined under Wis. Stats. § 227.01(1).
As used in this article, the following terms shall have the
meanings indicated:
Maintenance of sufficient vegetation types and densities
such that the physical integrity of the streambank or lakeshore is
preserved. Self-sustaining vegetative cover includes grasses, forbs,
sedges and duff layers of fallen leaves and woody debris.
A governmental employee empowered under Wis. Stats. § 61.354,
that is designated by the Village Board to administer this article.
Has the meaning given in Wis. Stats. § 281.16(1).
The National Oceanic and Atmospheric Administration (NOAA)
Atlas 14 Precipitation-Frequency Atlas of the United States, Volume
8 (Midwestern States), published in 2013.
A typical calendar year of precipitation as determined by
the Wisconsin Department of Natural Resources for users of models
such as WinSLAMM, P8 or equivalent methodology. The following average
annual rainfall is the Village's average annual rainfall: Green
Bay, 1969 (Mar. 29 to Nov. 25).
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 Director of Public Works 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 or in
violation of a permit issued by the Director of Public Works.
A system for conveying both sanitary sewage and stormwater
runoff.
An impervious surface connected to the waters of the state
via a separate storm sewer, an impervious flow path, or a minimally
pervious flow path.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency
and total depth of rainfall. The TP-40, Type II, twenty-four-hour
design storms for the Village are: one-year, 2.2 inches; two-year,
2.5 inches; five-year, 3.2 inches; ten-year, 3.7 inches; twenty-five-year,
4.3 inches; fifty-year, 4.8 inches; and 100-year, 5.1 inches. The
Atlas 14, MSE4, twenty-four-hour design storms for the Village are:
one-year, 2.05 inches; two-year, 2.37 inches; five-year, 2.94 inches;
ten-year, 3.45 inches; twenty-five-year, 4.22 inches; fifty-year,
4.87 inches; and 100-year, 5.56 inches.
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 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 Wis. Adm. Code § NR 102.11.
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.
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
that employ 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 by the responsible party to assure that requirements
of the chapter are carried out in compliance with the stormwater management
plan.
The Village Board.
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, gravel or paved 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 road side channels designed for
conveyance and pollutant removal only.
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.
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this article as determined in accordance with § 256-16 of this article.
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 Wis. Adm. Code § NR 115.03(6).
Waters listed in Wis. Adm. Code § NR 102.10.
The percentage of a given sample of soil, which passes through
a # 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
or their 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 Village by the permit applicant
for the purpose of recouping the expenses incurred by the Village
in administering the permit.
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 Wis. Stats. § 283.01 (13).
Has the meaning given in Wis. Stats. § 281.01 (10).
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 Wis. Adm. Code § NR 140.05(17).
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.
The landowner or any other entity performing services to
meet the requirements of this article through a contract or other
agreement.
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 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 under gone 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
highwater 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, which is incorporated by reference for this chapter.
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 Wis. Stats. § 85.095(1)(b).
"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 Wis. Stats.
§ 281.33.
Total suspended solids.
A rainfall type curve as established in the "United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published in 1973."
Includes those portions of Lake Michigan and Lake Superior
within the boundaries of this state, and all lakes, bays, rivers,
streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses,
drainage systems and other surface water or groundwater, natural or
artificial, public or private, within this state or its jurisdiction.
Maximum extent practicable applies when a person who is subject
to a performance standard of this article demonstrates to the Director
of Public Work'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.
The following methods shall be used in designing the water quality,
peak discharge, and infiltration components of stormwater practices
needed to meet the water quality standards of this article:
A.
Consistent with the technical standards and design guidance identified,
developed or disseminated by the Wisconsin Department of Natural Resources
under subchapter V of Wis. Adm. Code § chapter NR 151.
B.
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.
A.
Responsible party. The responsible party shall comply with this section.
B.
Stormwater management plan. A written stormwater management plan in accordance with § 256-20 shall be developed and implemented for each post-construction site with one acre or more of land disturbing construction activity. Sites with a cumulative addition of 20,000 square feet or greater of impervious surfaces after March 31, 2020 are also required to prepare a written stormwater management plan.
C.
Maintenance of effort. For redevelopment sites where the redevelopment
will be replacing older development that was subject to post-construction
performance standards of NR 151 in effect on or after October 1, 2004,
the responsible party shall meet the total suspended solids reduction,
peak flow control, infiltration, and protective areas standards applicable
to the older development or meet the redevelopment standards of this
article, whichever is more stringent.
D.
Requirements.
(1)
Total suspended solids. For post-construction sites with one acre
or more of land disturbing construction activity, BMPs shall be designed,
installed and maintained to control total suspended solids carried
in runoff from the post-construction site as follows:
(a)
BMPs shall be designed in accordance with Table 1 or to the maximum extent practicable as provided in Subsection D(1)(b). The design shall be based on an average annual rainfall, as compared to no runoff management controls.
|
Table 1. TSS Reduction Standards
| |
|---|---|
|
Development Type
|
TSS Reduction
|
|
New Development
|
80%
|
|
In-fill development
|
80%
|
|
Redevelopment
|
40% of load from parking areas and roads
|
(b)
Maximum extent practicable. If the design cannot meet a total
suspended solids reduction performance standard of Table 1, the stormwater
management plan shall include a written, site-specific explanation
of why the total suspended solids reduction performance standard cannot
be met and why the total suspended solids load will be reduced only
to the maximum extent practicable.
(c)
Sites with a cumulative addition of 20,000 square feet or greater of impervious surfaces after March 31, 2020, are required to satisfy the performance standards within § 256-18D(1)(a), regardless of land disturbing construction activity size.
(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)
For post-construction sites with one acre or more of land disturbing
construction activity, BMPs shall be designed to maintain or reduce
the one-year, two-year, ten-year, and 100-year, twenty-four-hour post-construction
peak runoff discharge rates to the respective one-year, two-year,
ten-year, and 100-year, twenty-four-hour pre-development peak runoff
discharge rates, or to the maximum extent practicable. The runoff
curve numbers in Table 2 shall be used to represent the pre-development
conditions. Peak discharges shall be calculated using TR-55 runoff
curve number methodology, Atlas 14 precipitation depths, and the appropriate
NRCS Wisconsin MSE4 precipitation distribution. On a case-by-case
basis, the Director of Public Works may allow the use of TP-40 precipitation
depths and the Type II distribution.
|
Table 2. Maximum Pre-Development Runoff Curve Numbers
| ||||
|---|---|---|---|---|
|
Runoff Curve Number
|
Hydrologic Soil Group
| |||
|
A
|
B
|
C
|
D
| |
|
Woodland
|
30
|
55
|
70
|
77
|
|
All other land uses
|
39
|
61
|
71
|
78
|
(b)
Sites with a cumulative addition of 20,000 square feet or greater
of impervious surfaces after March 31, 2020, are required to satisfy
the performance standards within § 258-18D(2)(a), regardless
of land disturbing construction activity size.
(c)
Stormwater runoff from offsite areas shall be taken into account
when designing BMPs and stormwater conveyance systems. Any impact
on the design efficiency shall be compensated for by increasing the
size of the BMP or stormwater conveyance system accordingly.
(d)
Stormwater conveyance systems shall be designed and constructed
in accordance with applicable and the most restrictive government
regulation, including the following:
[1]
Storm sewers shall be designed to convey a minimum ten-year
design storm with no surcharging at the pavement surface, unless otherwise
approved by the Director of Public Works.
[2]
Bridges and culverts shall be designed to convey the following
minimum design storms without surcharging or overtopping the pavement
surface, unless otherwise approved by the Director of Public Works:
[3]
The maximum stormwater depth at the crown of a public street
shall be six inches during the 100-year design storm, unless otherwise
approved by the Director of Public Works.
[4]
The 100-year stormwater ponding depth or flow path shall not
impact buildings, unless otherwise approved by the Director of Public
Works.
[5]
Existing stormwater flow onto the site cannot be restricted
or modified to impact adjacent properties without a written agreement
between landowners.
[6]
Drainage pipes located within a public street rights-of-way
or easement shall be constructed in accordance with Village specifications,
unless otherwise approved by the Director of Public Works.
[7]
Agricultural drain tiles, which are disturbed during construction,
shall be restored, reconnected or connected to public storm drainage
facilities, unless otherwise approved by the Director of Public Works.
(3)
Infiltration. For post-construction sites with one acre or more of
land disturbing construction activity, the following performance standards
are applicable:
(a)
Best management practices. BMPs shall be designed, installed,
and maintained to infiltrate runoff in accordance with the following
or to the maximum extent practicable:
[1]
Low imperviousness. For development up to 40% connected imperviousness,
such as parks, cemeteries, and low-density residential development,
infiltrate sufficient runoff volume so that the post-development infiltration
volume shall be at least 90% of the pre-development infiltration volume,
based on an average annual rainfall. However, when designing appropriate
infiltration systems to meet this requirement, no more than 1% of
the post-construction site is required as an effective infiltration
area.
[2]
Moderate imperviousness. For development with more than 40%
and up to 80% connected imperviousness, such as medium and high density
residential, multifamily development, industrial and institutional
development, and office parks, infiltrate sufficient runoff volume
so that the post-development infiltration volume shall be at least
75% of the pre-development infiltration volume, based on an average
annual rainfall. However, when designing appropriate infiltration
systems to meet this requirement, no more than 2% of the post-construction
site is required as an effective infiltration area.
[3]
High imperviousness. For development with more than 80% connected
imperviousness, such as commercial strip malls, shopping centers,
and commercial downtowns, infiltrate sufficient runoff volume so that
the post-development infiltration volume shall be at least 60% of
the pre-development infiltration volume, based on an average annual
rainfall. However, when designing appropriate infiltration systems
to meet this requirement, no more than 2% of the post-construction
site is required as an effective infiltration area.
(b)
Pre-development. The pre-development condition is as specified
in Table 3.
|
Table 3. Maximum Pre-Development Runoff Curve Numbers
| ||||
|---|---|---|---|---|
|
Runoff Curve Number
|
Hydrologic Soil Group
| |||
|
A
|
B
|
C
|
D
| |
|
Woodland
|
30
|
55
|
70
|
77
|
|
Grassland
|
39
|
61
|
71
|
78
|
|
Cropland
|
55
|
69
|
78
|
83
|
(c)
Source areas.
[1]
Prohibitions. Runoff from the following areas may not be infiltrated and may not qualify as contributing to meeting the requirements of this section unless demonstrated to meet the conditions identified in § 256-18D(3)(f):
[a]
Areas associated with a tier 1 industrial facility
identified in Wis. Adm. Code § NR 216.21(2)(a), including
storage, loading and parking. Rooftops may be infiltrated with the
concurrence of the regulatory authority.
[b]
Storage and loading areas of a tier 2 industrial
facility identified in Wis. Adm. Code § NR 216.21(2)(b).
[c]
Fueling and vehicle maintenance areas. Runoff from
rooftops of fueling and vehicle maintenance areas may be infiltrated
with the concurrence of the regulatory authority.
[2]
Exemptions. Runoff from the following areas may be credited
toward meeting the requirement when infiltrated, but the decision
to infiltrate runoff from these source areas is optional:
[a]
Parking areas and access roads less than 5,000
square feet for commercial development.
[b]
Parking areas and access roads less than 5,000 square feet for industrial development not subject to the prohibitions under Subsection D(3)(a)[1].
[d]
In-fill development areas less than five acres.
[e]
Roads on commercial, industrial and institutional
land uses, and arterial residential roads.
(d)
Location of practices.
[1]
Prohibitions. Infiltration practices may not be located in the
following areas:
[a]
Areas within 1,000 feet upgradient or within 100
feet downgradient of direct conduits to groundwater.
[b]
Areas within 400 feet of a community water system
well as specified in Wis. Adm. Code § NR 811.16(4) or within
the separation distances listed in Wis. Adm. Code § NR 812.08
for any private well or noncommunity well for runoff infiltrated from
commercial, including multifamily residential, industrial and institutional
land uses or regional devices for one- and two-family residential
development.
[c]
Areas where contaminants of concern, as defined
in Wis. Adm. Code § NR 720.03(2), are present in the soil
through which infiltration will occur.
[2]
Separation distances.
[a]
Infiltration practices shall be located so that
the characteristics of the soil and the separation distance between
the bottom of the infiltration system and the elevation of seasonal
high groundwater or the top of bedrock are in accordance with Table
4:
|
Table 4. Separation Distances and Soil Characteristics
| ||
|---|---|---|
|
Source Area
|
Separation Distance
|
Soil Characteristics
|
|
Industrial, commercial, institutional parking lots and roads
|
5 feet or more
|
Filtering layer
|
|
Residential arterial roads
|
5 feet or more
|
Filtering layer
|
|
Roofs draining to subsurface infiltration practices
|
1 foot or more
|
Native or engineered soil with particles finer than coarse sand
|
|
Roofs draining to surface infiltration practices
|
Not applicable
|
Not applicable
|
|
All other impervious source areas
|
3 feet or more
|
Filtering layer
|
[b]
Notwithstanding Subsection D(3)(d)[2] applicable requirements for injection wells classified under ch. NR 815 shall be followed.
[3]
Infiltration rate exemptions. Infiltration practices located
in the following areas may be credited toward meeting the requirements
under the following conditions, but the decision to infiltrate under
these conditions is optional:
[a]
Where the infiltration rate of the soil measured
at the proposed bottom of the infiltration system is less than 0.6
inches per hour using a scientifically credible field test method.
[b]
Where the least permeable soil horizon to five
feet below the proposed bottom of the infiltration system using the
U.S. Department of Agriculture method of soils analysis is one of
the following: sandy clay loam, clay loam, silty clay loam, sandy
clay, silty clay, or clay.
(e)
Alternate use. Where alternate uses of runoff are employed,
such as for toilet flushing, laundry, or irrigation or storage on
green roofs where an equivalent portion of the runoff is captured
permanently by rooftop vegetation, such alternate use shall be given
equal credit toward the infiltration volume required by this section.
(f)
Groundwater standards.
[1]
Infiltration systems designed in accordance with this section
shall, to the extent technically and economically feasible, minimize
the level of pollutants infiltrating to groundwater and shall maintain
compliance with the preventive action limit at a point of standards
application in accordance with ch. NR 140. 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)(f)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
(g)
Pretreatment. Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection D(3)(f). Pretreatment options may include, but are not limited to, oil and grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(h)
Maximum extent practicable. Where the conditions of Subsection D(3)(c) and (d) limit or restrict the use of infiltration practices, the performance standard of § 256-18D(3) shall be met to the maximum extent practicable.
(4)
Protective areas. For post-construction sites with one acre or more
of land disturbing construction activity, the following performance
standards are applicable:
(a)
Definition. In this section, "protective area" means an area
of land that commences at the top of the channel of lakes, streams
and rivers, or at the delineated boundary of wetlands, and that is
the greatest of the following widths, as measured horizontally from
the top of the channel or delineated wetland boundary to the closest
impervious surface. However, in this section, "protective area" does
not include any area of land adjacent to any stream enclosed within
a pipe or culvert, so that runoff cannot enter the enclosure at this
location.
[1]
For outstanding resource waters and exceptional resource waters,
75 feet.
[2]
For perennial and intermittent streams identified on a U.S.
Geological Survey 7.5-minute series topographic map, or a county soil
survey map, whichever is more current, 50 feet.
[3]
For lakes, 50 feet.
[4]
For wetlands not subject to Subsection D(4)(a)[5] or [6], 50 feet.
[5]
For highly susceptible wetlands, 75 feet. Highly susceptible
wetlands include the following types: calcareous fens, sedge meadows,
open and coniferous bogs, low prairies, coniferous swamps, lowland
hardwood swamps, and ephemeral ponds.
[6]
For less susceptible wetlands, 10% of the average wetland width,
but no less than 10 feet nor more than 30 feet. Less susceptible wetlands
include: degraded wetland dominated by invasive species such as reed
canary grass; cultivated hydric soils; and any gravel pits, or dredged
material or fill material disposal sites that take on the attributes
of a wetland.
[7]
In Subsection D(4)(a)[4] to [6], determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in Wis. Adm. Code § NR 103.03.
[8]
Wetland boundary delineation shall be made in accordance with
Wis. Adm. Code § 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 [9], the greatest protective area width shall apply where rivers, streams, lakes and wetlands are contiguous.
(b)
Applicability. This section applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection D(4)(d).
(c)
Requirements. The following requirements shall be met:
[1]
Impervious surfaces shall be kept out of the protective area
entirely or to the maximum extent practicable. If there is no practical
alternative to locating an impervious surface in the protective area,
the stormwater management plan shall contain a written, site-specific
explanation.
[2]
Where land disturbing construction activity occurs within a
protective area, adequate sod or self-sustaining vegetative cover
of 70% or greater shall be established and maintained where no impervious
surface is present. The adequate sod or self-sustaining vegetative
cover shall be sufficient to provide for bank stability, maintenance
of fish habitat, and filtering of pollutants from upslope overland
flow areas under sheet flow conditions. Nonvegetative materials, such
as rock riprap, may be employed on the bank as necessary to prevent
erosion such as on steep slopes or where high-velocity flows occur.
[3]
BMPs such as filter strips, swales, or wet detention ponds,
that are designed to control pollutants from nonpoint sources, may
be located in the protective area.
(d)
Exemptions. This section does not apply to any of the following:
[2]
In-fill development areas less than five acres.
[3]
Structures that cross or access surface water such as boat landings,
bridges, and culverts.
[4]
Structures constructed in accordance with Wis. Stats. § 59.692(1v).
[5]
Areas of post-construction sites from which the runoff does
not enter the surface water, including wetlands, without first being
treated by a BMP to meet the local ordinance requirements for total
suspended solids and peak flow reduction, except to the extent that
vegetative ground cover is necessary to maintain bank stability.
(5)
Fueling and maintenance areas. For post-construction sites with one
acre or more of land disturbing construction activity, fueling and
vehicle maintenance areas shall have BMPs designed, installed, and
maintained to reduce petroleum within runoff, so that the runoff that
enters waters of the state contains no visible petroleum sheen, or
to the maximum extent practicable.
(6)
Swale treatment for transportation facilities. For post-construction
sites with one acre or more of land disturbing construction activity,
the following performance standards are applicable.
(a)
Requirement. Except as provided in Subsection D(6)(b), transportation facilities that use swales for runoff conveyance and pollutant removal are exempt from the requirements of local ordinance requirements for peak flow control, total suspended solids control, and infiltration, if the swales are designed to do all of the following or to the maximum extent practicable:
[1]
Swales shall be vegetated. However, where appropriate, nonvegetative
measures may be employed to prevent erosion or provide for runoff
treatment, such as rock riprap stabilization or check dams.
[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. (Pre-Treatment) of the Wisconsin
Department of Natural Resources technical standard 1005 "Vegetated
Infiltration Swales", dated May 2007, or a superseding document. Transportation
facility swale treatment does not have to comply with other sections
of technical standard 1005.
(b)
Other requirements.
[1]
Notwithstanding Subsection D(6)(a), the Director of Public Works may, consistent with water quality standards, require that other requirements, in addition to swale treatment, be met on a transportation facility with an average daily traffic rate greater than 2,500 and where the initial surface water of the state that the runoff directly enters is one of the following:
[a]
An outstanding resource water.
[b]
An exceptional resource water.
[c]
Waters listed in § 303(d) of the Federal
Clean Water Act that are identified as impaired in whole or in part,
due to non-point source impacts.
[d]
Water where targeted performance standards are
developed pursuant to Wis. Adm. Code § NR 151.004.
[2]
The transportation facility authority shall contact the Director
of Public Works to determine if additional BMPs beyond a water quality
swale are needed under this subsection.
E.
General considerations for stormwater management measures. The following
considerations shall be observed in on-site and off-site runoff management:
(1)
Natural topography and land cover features such as natural swales,
natural depressions, native soil infiltrating capacity, and natural
groundwater recharge areas shall be preserved and used, to the extent
possible, to meet the requirements of this section.
(2)
Emergency overland flow for all stormwater facilities shall be provided
to prevent exceeding the safe capacity of downstream drainage facilities
and prevent endangerment of downstream property or public safety.
F.
BMP location.
(1)
To comply with the performance standards required under § 256-18 of this article, 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 Wis. Adm. Code § NR 151.003.
(2)
The Director of Public Works may approve off-site management measures
provided that all of the following conditions are met:
(a)
The Director of Public Works determines that the post-construction
runoff is covered by a stormwater management system plan that is approved
by the Village of Denmark and that contains management requirements
consistent with the purpose and intent of this article.
(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 article.
[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 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. In determining the fee for post-construction
runoff, the Director of Public Works 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 may prescribe
stormwater management requirements more stringent than those set forth
in this article if the Director of Public Works determines that the
requirements are needed to control stormwater quantity or control
flooding, comply with federally approved total maximum daily load
requirements, or control pollutants associated with existing development
or redevelopment. In addition, the Director of Public Works may establish
stormwater management requirements less stringent than those set forth
in this article, if the Wisconsin Department of Natural Resource's
minimum performance standards are satisfied for post-construction
stormwater management.
For post-construction sites with one acre or more of land disturbing
construction activity, the following requirements are applicable:
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 prior to commencing the proposed
activity.
B.
Permit application and fees. Unless specifically excluded by this
article, any responsible party desiring a permit shall submit to the
Director of Public Works a permit application on a form provided by
the Director of Public Works for that purpose.
(1)
Unless otherwise excluded by this article, a permit application must
be accompanied by a stormwater management plan, a maintenance agreement
and a non-refundable permit administration fee.
(2)
The stormwater management plan shall be prepared to meet the requirements of §§ 256-18 and 256-20, the maintenance agreement shall be prepared to meet the requirements of § 256-21, the financial guarantee shall meet the requirements of § 256-22, and fees shall be those established by the Village Board as set forth in § 256-23.
C.
Permit application review and approval. The Director of Public Works
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 30 calendar days of the receipt of a complete permit application, including all items as required by Subsection A, the Director of Public Works shall inform the applicant whether the application, stormwater management plan and maintenance agreement are approved or disapproved based on the requirements of this article.
(2)
If the stormwater permit application, stormwater management 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 shall issue the permit.
(3)
If the stormwater permit application, stormwater management plan
or maintenance agreement is disapproved, the Director of Public Works
shall detail in writing the reasons for disapproval.
(4)
The Director of Public Works may request additional information from
the applicant. If additional information is submitted, the Director
of Public Works shall have 30 calendar days from the date the additional
information is received to inform the applicant that the stormwater
management plan and maintenance agreement are either approved or disapproved.
(5)
Failure by the Director of Public Works to inform the permit applicant
of a decision within 30 calendar 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 article shall be subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions. The Director of Public Works 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 to suspend or revoke this permit may be appealed in accordance with § 256-25.
(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 at least 30 calendar days before commencing any work in conjunction with the stormwater management plan, and within 30 calendar days upon completion of the stormwater management practices. If required as a special condition under Subsection E, the responsible party shall make additional notification according to a schedule set forth by the Director of Public Works so that practice installations can be inspected during construction.
(4)
Practice installations required as part of this article shall be
certified "as built" or "record" drawings by a licensed professional
engineer. Completed stormwater management practices must pass a final
inspection by the Director of Public Works or its designee to determine
if they are in accordance with the approved stormwater management
plan and ordinance. The Director of Public Works 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 of
any significant modifications it intends to make to an approved stormwater
management plan. The Director of Public Works 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 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 subchapter VII of Wis. Stats., Ch. 66, or to charging such costs against the financial guarantee posted under § 256-22.
(8)
If so directed by the Director of Public Works, the responsible party
shall repair at the responsible party's own expense all damage
to adjoining municipal facilities and drainage ways caused by runoff,
where such damage is caused by activities that are not in compliance
with the approved stormwater management plan.
(9)
The responsible party shall permit property access to the Director
of Public Works 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 may require the responsible party
to make appropriate legal arrangements with affected property owners
concerning the prevention of endangerment to property or public safety.
For post-construction sites with one acre or more of land disturbing
construction activity, the following requirements are applicable.
Sites with a cumulative addition of 20,000 square feet or greater
of impervious surfaces after March 31, 2020 are also required to prepare
a written stormwater management plan.
A.
Stormwater management plan requirements. The stormwater management plan required under § 256-18B 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)
Pre-development site conditions, including:
(a)
One or more legible site maps at a scale of not less than one
inch equals 10 feet to 60 feet (or as otherwise approved by Director
of Public Works). The site maps shall show the following: site location
and legal property description; predominant soil types and hydrologic
soil groups; existing cover type and condition; topographic contours
of the site at a scale not to exceed two feet; topography and drainage
network including enough of the contiguous properties to show runoff
patterns onto, through, and from the site; watercourses that may affect
or be affected by runoff from the site; flow path and direction for
all stormwater conveyance sections; watershed boundaries used in hydrology
determinations to show compliance with performance standards; lakes,
streams, wetlands, channels, ditches, and other watercourses on and
immediately adjacent to the site; limits of the 100-year floodplain;
location of wells and wellhead protection areas covering the project
area and delineated pursuant to Wis. Adm. Code § NR 811.16.
(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 legible site maps at a scale of not less than one
inch equals 10 to 60 feet (or as otherwise approved by Director of
Public Works) 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 offsite tributary drainage area; location and type of conveyance
system that will carry runoff from the drainage and treatment practices
to the nearest adequate outlet such as a curbed street, storm drain,
or natural drainage way; watershed boundaries used in hydrology and
pollutant loading calculations and any changes to lakes, streams,
wetlands, channels, ditches, and other watercourses on and immediately
adjacent to the site.
(d)
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. The computations shall be made
for each discharge point in the development, and the geographic areas
used in making the calculations shall be clearly cross-referenced
to the required map(s).
(e)
Results of investigations of soils and groundwater required
for the placement and design of stormwater management measures. Detailed
drawings, including cross-sections and profiles of all permanent stormwater
conveyance and treatment practices.
(5)
A description and installation schedule for the stormwater management practices needed to meet the performance standards in § 256-18.
(6)
A maintenance plan developed for the life of each stormwater management
practice including the required maintenance activities and maintenance
activity schedule.
(7)
Cost estimates for the construction, operation, and maintenance of
each stormwater management practice.
(8)
Other information requested in writing by the Director of Public
Works to determine compliance of the proposed stormwater management
measures with the provisions of this article.
(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 article.
For post-construction sites with one acre or more of land disturbing
construction activity, the following requirements are applicable:
A.
Maintenance agreement required. The maintenance agreement required under § 256-19B for stormwater management practices shall be an agreement between the Village and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.
B.
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 256-20A(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 § 256-19B.
(3)
Identification of the responsible party(s), organization or Village, county, town or village responsible for long term maintenance of the stormwater management practices identified in the stormwater management plan required under § 256-19B.
(4)
Requirement that the responsible party(s), organization, or Village, 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 or their 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 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 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.
(8)
Authorization of the Director of Public Works to perform the corrected
actions identified in the inspection report if the responsible party
designated under par. (3) does not make the required corrections in
the specified time period. The Director of Public Works shall enter
the amount due on the tax rolls and collect the money as a special
charge against the property pursuant to Subchapter VII of Wis. Stats.
Ch. 66.
For post-construction sites with one acre or more of land disturbing
construction activity, the following requirements are applicable:
A.
Establishment of the guarantee. The Director of Public Works may
require the submittal of a financial guarantee, the form and type
of which shall be acceptable to the Director of Public Works. The
financial guarantee shall be in an amount determined by the Director
of Public Works 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 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 that the requirements of this article have not been
met.
B.
Conditions for release. Conditions for the release of the financial
guarantee areas follows:
(1)
The Director of Public Works shall release the portion of the financial
guarantee established under this section, less any costs incurred
by the Village to complete installation of practices, upon submission
of "as built plans" or "record" drawings by a licensed professional
engineer. The Director of Public Works 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 shall release the portion of the financial
guarantee established under this section to assure maintenance of
stormwater practices, less any costs incurred by the Village, 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 article 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 in Village Hall.
A.
Any land disturbing construction activity or post-construction runoff
initiated after the effective date of this article 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 article.
B.
The Director of Public Works shall notify the responsible party by
certified mail of any noncomplying land disturbing construction activity
or post-construction runoff. 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.
C.
Upon receipt of written notification from the Director of Public Works under Subsection B, 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 in the notice.
D.
If the violations to a permit issued pursuant to this article are
likely to result in damage to properties, public facilities, or waters
of the state, the Director of Public Works may enter the land and
take emergency actions necessary to prevent such damage. The costs
incurred by the Director of Public Works plus interest and legal costs
shall be billed to the responsible party.
E.
The Director of Public Works is authorized to post a stop work order
on all land disturbing construction activity that is in violation
of this article, or to request the Village Attorney to obtain a cease
and desist order in any court with jurisdiction.
F.
The Director of Public Works may revoke a permit issued under this
article for noncompliance with ordinance provisions.
G.
Any permit revocation, stop work order, or cease and desist order
shall remain in effect unless retracted by the Director of Public
Works or by a court with jurisdiction.
H.
The Director of Public Works is authorized to refer any violation
of this article, or a stop work order or cease and desist order issued
pursuant to this article, to the Village Attorney for the commencement
of further legal proceedings in any court with jurisdiction.
I.
Any person, firm, association, or corporation who does not comply
with the provisions of this article shall be subject to a forfeiture
as established by Village Board resolution. Each day that the violation
exists shall constitute a separate offense.
J.
Compliance with the provisions of this article 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.
K.
When the Director of Public Works determines that the holder of a permit issued pursuant to this article 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, the Director of Public Works or a party designated by the Director of Public Works 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 stormwater management plan. The Director of Public Works 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 § 256-22 of this article. 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.
Village Board. The Village Board 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 in administering this article.
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 article
that are not contrary to the public interest, and where owing to special
conditions a literal enforcement of the chapter will result in unnecessary
hardship.
B.
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 of Denmark affected by any decision of the Director of
Public Works.
If any section, clause, provision or portion of this article
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 article shall be in force and effect beginning March 31,
2020.
