[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
In this article, the following terms have the meanings set forth
below:
DUPLEX UNIT
A residential space containing two dwelling units.
DWELLING UNIT
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.
EQUIVALENT RUNOFF UNIT or ERU
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.
FARMSTEAD HOME SITE
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.
IMPERVIOUS AREA or IMPERVIOUS SURFACE
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.
LOT
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.
MULTIFAMILY UNIT
A residential space consisting of three or more dwelling
units.
NONRESIDENTIAL PROPERTY
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.
RESIDENTIAL PROPERTY
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.
STORMWATER SYSTEM
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.
UNDEVELOPED PROPERTY
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.
[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:
(1) Residential — single-family, including farmstead home sites.
(3) Residential — multifamily, including condominiums.
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.
[Adopted 2-3-2020 by Ord. No. 2020-03]
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.
As used in this article, the following terms shall have the
meanings indicated:
ADEQUATE SOD, OR SELF-SUSTAINING VEGETATIVE COVER
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.
ADMINISTERING AUTHORITY
A governmental employee empowered under Wis. Stats. § 61.354,
that is designated by the Village Board to administer this article.
ATLAS 14
The National Oceanic and Atmospheric Administration (NOAA)
Atlas 14 Precipitation-Frequency Atlas of the United States, Volume
8 (Midwestern States), published in 2013.
AVERAGE ANNUAL RAINFALL
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).
BEST MANAGEMENT PRACTICE or BMP
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or pollutants carried
in runoff to waters of the state.
BUSINESS DAY
A day the office of the Director of Public Works is routinely
and customarily open for business.
CEASE AND DESIST ORDER
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.
CONNECTED IMPERVIOUSNESS
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.
DESIGN STORM
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.
DEVELOPMENT
Residential, commercial, industrial or institutional land
uses and associated roads.
DIRECT CONDUITS TO GROUNDWATER
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.
EFFECTIVE INFILTRATION AREA
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.
EROSION
The process by which the land's surface is worn away
by the action of wind, water, ice or gravity.
FILTERING LAYER
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.
FINAL STABILIZATION
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.
FINANCIAL GUARANTEE
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.
IMPERVIOUS SURFACE
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.
IN-FILL
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.
INFILTRATION
The entry of precipitation or runoff into or through the
soil.
INFILTRATION SYSTEM
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.
LAND DISTURBING CONSTRUCTION ACTIVITY
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.
LANDOWNER
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.
MAINTENANCE AGREEMENT
A legal document that provides for long-term maintenance
of stormwater management practices.
MAXIMUM EXTENT PRACTICABLE
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.
NEW DEVELOPMENT
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
NRCS MSE4 DISTRIBUTION
A specific precipitation distribution developed by the United
States Department of Agriculture, Natural Resources Conservation Service,
using precipitation data from Atlas 14.
OFF-SITE
Located outside the property boundary described in the permit
application.
ON-SITE
Located within the property boundary described in the permit
application.
PERCENT FINES
The percentage of a given sample of soil, which passes through
a # 200 sieve.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
PERMIT
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.
PERMIT ADMINISTRATION FEE
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.
PERVIOUS SURFACE
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.
POLLUTANT
Has the meaning given in Wis. Stats. § 283.01 (13).
POLLUTION
Has the meaning given in Wis. Stats. § 281.01 (10).
POST-CONSTRUCTION SITE
A construction site following the completion of land disturbing
construction activity and final site stabilization.
PRE-DEVELOPMENT CONDITION
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.
PROTECTIVE AREA
An area of land that commences at the top of the channel
of lakes, streams and rivers, or at the delineated boundary of wetlands,
and that is the greatest of the following widths, as measured horizontally
from the top of the channel or delineated wetland boundary to the
closest impervious surface.
REDEVELOPMENT
Areas where development is replacing older development.
RESPONSIBLE PARTY
The landowner or any other entity performing services to
meet the requirements of this article through a contract or other
agreement.
RUNOFF
Stormwater or precipitation including rain, snow or ice melt
or similar water that moves on the land surface via sheet or channelized
flow.
SEPARATE STORM SEWER
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:
A.
Is designed or used for collecting water or conveying runoff.
B.
Is not part of a combined sewer system.
C.
Is not part of a publicly owned wastewater treatment works that
provides secondary or more stringent treatment.
D.
Discharges directly or indirectly to waters of the state.
SILVICULTURE ACTIVITY
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.
SITE
The entire area included in the legal description of the
land on which the land disturbing construction activity occurred.
STOP-WORK ORDER
An order issued by the Director of Public Works which requires
that all construction activity on the site be stopped.
STORMWATER MANAGEMENT PLAN
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.
STORMWATER MANAGEMENT SYSTEM PLAN
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
TECHNICAL STANDARD
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
TOP OF THE CHANNEL
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.
TOTAL MAXIMUM DAILY LOAD or TMDL
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.
TP-40
Technical Paper No. 40, Rainfall Frequency Atlas of the United
States, published in 1961.
TR-55
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.
TRANSPORTATION FACILITY
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.
TSS
Total suspended solids.
TYPE II DISTRIBUTION
A rainfall type curve as established in the "United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published in 1973."
WATERS OF THE STATE
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.
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.
(11)
The responsible party is subject to the enforcement actions and penalties detailed in §
256-24, if the responsible party fails to comply with the terms of this permit.
E. Permit conditions. Permits issued under this subsection may include conditions established by Director of Public Works in addition to the requirements needed to meet the performance standards in §
256-18 or a financial guarantee as provided for in §
256-22.
F. Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the Director of Public Works notifies the responsible party that all stormwater management practices have passed the final inspection required under Subsection
D(4).
G. Alternate requirements. The Director of Public Works may prescribe permit requirements less stringent than those set forth in this article, such as for applicants seeking an exemption to on-site stormwater management performance standards under §
256-18F.
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.
B. Alternate requirements. The Director of Public Works may prescribe stormwater management plan requirements less stringent than those set forth in this article, such as for applicants seeking an exemption to on-site stormwater management performance standards under §
256-18F.
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.
C. Alternate requirements. The Director of Public Works may prescribe maintenance agreement requirements less stringent than those set forth in this article, such as for applicants seeking an exemption to on-site stormwater management performance standards under §
256-18F.
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.
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.