(A)
This ordinance is adopted by the Village Board under the authority
granted by § 61.354, Wis. Stats. This ordinance supersedes
all provisions of an ordinance previously enacted under § 60.62
or § 61.35, Wis. Stats., that relate to stormwater management
regulations. Except as otherwise specified in § 61.354,
Wis. Stats., § 61.35, Wis. Stats., applies to this ordinance
and to any amendments to this ordinance.
(B)
The provisions of this ordinance are deemed not to limit any other
lawful regulatory powers of the same governing body.
(C)
The Village Board hereby designates the Village Administrator or
his designee to administer and enforce the provisions of this ordinance.
(D)
The requirements of this ordinance do not preempt more stringent
stormwater management requirements that may be imposed by any of the
following:
(1)
Wisconsin Department of Natural Resources administrative rules,
permits or approvals including those authorized under § 281.16
and § 283.33, Wis. Stats.
(2)
Targeted non-agricultural performance standards promulgated
in rules by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
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, drainage ways, and other minor drainage facilities.
(A)
Purpose. The general purpose of this ordinance 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; present 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 ordinance
regulates post-construction stormwater discharges to waters of the
state. This ordinance 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 ordinance is
through the preparation and implementation of comprehensive, systems-level
stormwater management plans that cover hydrologic units, such as watersheds,
on a municipal and regional scale. Such plans may prescribe regional
stormwater devices, practices or systems, any of which may be designed
to treat runoff from more than one site prior to discharge to waters
of the state. Where such plans are in conformance with the performance
standards developed under § 281.16, Wis. Stats., for regional
stormwater management measures and have been approved by the Village
Board, it is the intent of this ordinance that the approved stormwater
management plan be used to identify post-construction management measures
acceptable for the community.
(A)
Applicability.
(1)
Except as provided below under par. (2) and pars. (3) and (4)
(relating to lands located within the Des Plaines River Watershed),
this ordinance applies to a post-construction site whereupon one acre
or more of land disturbing construction activity occurs during construction
and/or construction that results in the addition of one-half acres
or more impervious surface within the Des Plaines River Watershed
Basin.
(2)
A site that is not in the Des Plaines River Watershed which
meets any of the criteria in this paragraph is exempt from the requirements
of this ordinance:
(a)
A post-construction site with less than 10% connected imperviousness,
based on the area of land disturbance, provided the cumulative area
of all impervious surfaces is less than one acre. However, the exemption
of this paragraph does not include exemption from the protective area
standard of this ordinance.
(b)
Agricultural facilities and practices.
(c)
Underground utility construction, but not including the construction
of any above ground structures associated with utility construction.
(3)
Pursuant to the recommendations set forth in SEWRPC Planning
Report No. 44, A Comprehensive Plan for the Des Plaines River Watershed,
June 2003, the Village of Somers shall establish a maximum allowable
release rate on a per acre basis that would supersede the standard
peak discharge requirements for new developments located in the Des
Plaines River Watershed that meet any of the following conditions:
(a)
The proposed development will ultimately result in the addition
of one-half acres or greater of impervious surfaces.
(b)
A proposed development site with land disturbing construction
activity of one acre or more.
(c)
The proposed development will create additional impervious area
of greater than, or equal to, 10% of the total site area (with wetland
and primary environmental corridor areas excluded from the total site
area). All new impervious surfaces, including new roads are to be
included in this calculation.
(4)
Certain sites located within the Des Plaines River Watershed
may be exempt as determined by the Village Administrator from the
per acre discharge requirements of this subsection as follows:
(a)
Single residential lots that are not part of a larger development.
(b)
Land divisions creating four or fewer residential lots.
(c)
Non-residential development sites with land disturbing construction
activity of less than one acre, unless new impervious area of one-half
acre or more is created.
(d)
Re-development sites.
(5)
Notwithstanding the applicability requirements in par. (1),
this ordinance applies to post-construction sites of any size that,
as determined by the Village Administrator, 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 ordinance applies to post construction sites within
the boundaries and jurisdiction of the Village of Somers as well as
all lands located within the extraterritorial plat approval Jurisdiction
of the Village of Somers, even if plat approval is not involved.
(C)
Exclusions. This ordinance is not applicable to activities conducted
by a state agency, as defined under § 227.01 (1), Wis. Stats.
(A)
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.
(B)
ADMINISTERING AUTHORITY — A governmental employee, or a regional
planning commission empowered under § 61.354, Wis. Stats.,
that is designated by the Village Board to administer this ordinance.
(C)
AGRICULTURAL FACILITIES AND PRACTICES — Has the meaning given
in § 281.16(1), Wis. Stats.
(D)
ATLAS 14 — The National Oceanic and Atmospheric Administration
(NOM) Atlas 14 Precipitation-Frequency Atlas of the United States,
Volume 8 (Midwestern States), published in 2013.
(E)
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
average annual rainfall is chosen from a department publication for
the location closest to the municipality.
(F)
BEST MANAGEMENT PRACTICE or BMP — Structural or non-structural
measures, practices, techniques or devices employed to avoid or minimize
sediment or pollutants carried in runoff to waters of the state.
(G)
BUSINESS DAY — A day the office of the Village Administrator
is routinely and customarily open for business.
(H)
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 Village
Administrator.
(I)
COMBINED SEWER SYSTEM — A system for conveying both sanitary
sewage and stormwater runoff.
(J)
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.
(K)
DESIGN STORM — A hypothetical discrete rainstorm characterized
by a specific duration, temporal distribution, rainfall intensity,
return frequency and total depth of rainfall.
(L)
DEVELOPMENT — Residential, commercial, industrial or institutional
land uses and associated roads.
(M)
DIRECT CONDUITS TO GROUNDWATER — Wells, sinkholes, swallets,
fractured bedrock at the surface, mine shafts, non-metallic mines,
file inlets discharging to groundwater, quarries, or depressional
groundwater recharge areas over shallow fractured bedrock.
(N)
DIVISION OF LAND — The creation from one parcel of four or
more parcels or building sites of five or fewer acres each in area
where such creation occurs at one time or through the successive partition
within a five year period.
(O)
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.
(P)
EROSION — The process by which the land's surface is worn
away by the action of wind, water, ice or gravity.
(Q)
EXCEPTIONAL RESOURCE WATERS — Waters listed in § NR
102.11, Wis. Adm. Code.
(R)
EXTRATERRITORIAL — The unincorporated area within three miles
of the corporate limits of a first, second, or third class city, or
within one and a half miles of a fourth class city or Village.
(S)
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.
(T)
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.
(U)
FINANCIAL GUARANTEE — A performance bond, maintenance bond,
surety bond, irrevocable letter of credit, or similar guarantees submitted
to the Village Administrator by the responsible party to assure that
requirements of the ordinance are carried out in compliance with the
stormwater management plan.
(V)
GOVERNING BODY — Town board of supervisors, county board of
supervisors, city council, Village board of trustees or Village council.
(W)
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.
(X)
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.
(Y)
INFILTRATION — The entry of precipitation or runoff into or
through the soil.
(Z)
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.
(AA)
LAND DISTURBING CONSTRUCTION ACTIVITY — Any man-made alteration
of the land surface resulting in a change in the topography or existing
vegetative or non-vegetative 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.
(BB)
LANDOWNER — Any person holding fee title, an easement or other
interest in properly, which allows the person to undertake cropping,
livestock management, land disturbing construction activity or maintenance
of stormwater BMPs on the property.
(CC)
MAINTENANCE AGREEMENT — A legal document that provides for
long-term maintenance of stormwater management practices.
(DD)
MAXIMUM EXTENT PRACTICABLE — The highest level of performance that is achievable but is not equivalent to a performance standard identified in this ordinance as determined in accordance with § 17.21 of this ordinance.
(EE)
NEW DEVELOPMENT — Development resulting from the conversion
of previously undeveloped land or agricultural land uses.
(FF)
NRCS MSE3 or MSE4 DISTRIBUTION — A specific precipitation distribution
developed by the United States Department of Agriculture, Natural
Resources Conservation Service, using precipitation data from Atlas
14.
(GG)
OFF-SITE — Located outside the property boundary described
in the permit application.
(HH)
ON-SITE — Located within the property boundary described in
the permit application.
(II)
ORDINARY HIGH-WATER MARK — Has the meaning given in § NR
115.03(6), Wis. Adm. Code.
(JJ)
OUTSTANDING RESOURCE WATERS — Waters listed in § NR
102.10, Wis. Adm. Code.
(KK)
PERCENT FINES — The percentage of a given sample of soil, which
passes through a #200 sieve.
(LL)
PERFORMANCE STANDARD — A narrative or measurable number specifying
the minimum acceptable outcome for a facility or practice.
(MM)
PERMIT — A written authorization made by the Village Administrator
to the applicant to conduct land disturbing construction activity
or to discharge post-construction runoff to waters of the state.
(NN)
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 authority in administering the permit.
(OO)
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.
(PP)
POLLUTANT — Has the meaning given in § 283.01(13),
Wis. Stats.
(QQ)
POLLUTION — Has the meaning given in § 281.01 (10),
Wis. Stats.
(RR)
POST-CONSTRUCTION SITE — A construction site following the
completion of land disturbing construction activity and final site
stabilization.
(SS)
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.
(TT)
PREVENTIVE ACTION LIMIT — Has the meaning given in § NR
140.05(17), Wis. Adm. Code.
(UU)
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.
(VV)
REDEVELOPMENT — Areas where development is replacing older
development.
(WW)
RESPONSIBLE PARTY — The landowner or any other entity performing
services to meet the requirements of this ordinance through a contract
or other agreement. "Runoff means stormwater or precipitation including
rain, snow or ice melt or similar water that moves on the land surface
via sheet or channelized flow.
(XX)
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:
(YY)
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.
(ZZ)
SITE — The entire area included in the legal description of
the land on which the land disturbing construction activity occurred.
(AAA)
STOP WORK ORDER — An order issued by the Village Administrator
which requires that all construction activity on the site be stopped.
(BBB)
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.
(CCC)
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.
(DDD)
TECHNICAL STANDARD — A document that specifies design,
predicted performance and operation and maintenance specifications
for a material, device or method.
(EEE)
TOP OF THE CHANNEL — An edge, or point on the landscape
landward from the ordinary high-water mark of a surface water of the
state, where the slope of the land begins to be less than 12% continually
for at least 50 feet. If the slope of the land is 12% or less continually
for the initial 50 feet landward from the ordinary high-water mark,
the top of the channel is the ordinary high-water mark.
(FFF)
TOTAL MAXIMUM DAILY LOAD or TWIDL — 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.
(GGG)
TP-40 — Technical Paper No. 40, Rainfall Frequency Atlas
of the United States, published in 1961.
(HHH)
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.
(III)
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 § 85.095 (1)(b), Wis. Stats. "Transportation facility
— does not include building sites for the construction of public
buildings and buildings that are places of employment that are regulated
by the Department pursuant to § 281.33, Wis. Stats.
(JJJ)
TSS — Total suspended solids.
(KKK)
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".
(LLL)
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 ordinance demonstrates to the Village
Administrator'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 ordinance:
(A)
Consistent with the technical standards identified, developed or
disseminated by the Wisconsin Department of Natural Resources under
subchapter V of chapter NR 151, Wis. Adm. Code.
(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 Village
Board.
(A)
Responsible Party. The responsible party shall comply with this section.
(B)
Stormwater Management Plan. A written stormwater management plan in accordance with § 17.25 shall be developed and implemented for each post-construction site.
(C)
Maintenance of Effort. For redevelopment sites where the redevelopment
will be replacing older development that was subject to post-construction
performance standards of § 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 the ordinance, whichever is more stringent.
(D)
Requirements. The stormwater management plan required under sub.
(B) shall include the following:
(1)
Total Suspended Solids. BMPs shall be designed, installed and
maintained to control total suspended solids carried in runoff from
the post-construction site as follows:
(a)
BMPs shall be designed in accordance with Table 1 or to the
maximum extent practicable as provided in subd. (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)
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)
The runoff curve numbers in Table 2 shall be used to represent
the actual pre-development conditions. Peak discharges shall be calculated
using TR-55 runoff curve number methodology, Atlas 14 precipitation
depths, and the appropriate NRCS Wisconsin MSE3 or MSE4 precipitation
distribution. On a case-by-case basis, the Town Administrator may
allow the use of TP-40 precipitation depths and the Type II distribution.
Storm water practices shall be designed to:
(i)
Reduce the 100-year, twenty-four-hour, post-development runoff
rate to less than or equal to the ten-year, twenty-four-hour, pre-development
runoff rate.
(ii)
Reduce the ten-year, twenty-four-hour, post-development
runoff rate to less than or equal to the ten-year, twenty-four-hour,
pre-development runoff rate.
(iii)
Reduce the two-year, twenty-four-hour, post-development
runoff rate to less than or equal to the two-year, twenty-four-hour,
pre-development runoff rate.
(iv)
Reduce the one-year, twenty-four-hour, post-development
runoff rate to less than or equal to the one-year, twenty-four-hour,
pre-development runoff rate.
|
Table 2
| ||||
|---|---|---|---|---|
|
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
|
(b)
This subsection of the ordinance does not apply to any of the
following:
(i)
A post-construction site where the discharge is directly into
a lake over 5,000 acres or a stream or river segment draining more
than 500 square miles.
(iii)
An in-fill development area less than five acres.
|
Note to Users: The intent of the peak discharge
standard is to minimize stream bank erosion, under bank-full conditions.
For water quantity concerns, the post-development peak flow rate for
the ten-, twenty-five-, fifty- and 100-year twenty-four hour storm
events should also be controlled either at or below pre-development
discharge rates. This has not been addressed in this model ordinance
but may need to be included in the local ordinance to address local
flood control issues.
|
(3)
Infiltration.
(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:
(i)
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.
(ii)
Moderate Imperviousness. For development with
more than 40% and up to 80% connected imperviousness, such as medium
and high density residential, multi-family development, industrial
and institutional development, and office parks, infiltrate sufficient
runoff volume so that the post-development infiltration volume shall
be at least 75% of the 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.
(iii)
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 shall be the
same as specified in Table 2 of the Peak Discharge section of this
ordinance.
(c)
Source Areas.
(i)
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 § 17.23(D)(3)(f).
a.
Areas associated with a tier 1 industrial facility identified
in § NR216.21 (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 two industrial facility
identified in § NR 216.21 (2)(b).
|
Note to Users: Runoff from the employee
and guest parking and rooftop areas of a tier 2 facility may be infiltrated
but runoff from the parking area may require pretreatment.
|
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.
(ii)
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
par (i).
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.
(i)
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 § NR 811.16 (4) or within the separation distances listed
in § NR 812.08 for any private well or non-community well
for runoff infiltrated from commercial, including multi-family 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 § NR
720.03(2), are present in the soil through which infiltration will
occur.
(ii)
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
3:
|
Table 3
| ||
|---|---|---|
|
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 par. (ii), applicable requirements
for injection wells classified under ch. NR 815 shall be followed.
(iii)
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.
(i)
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.
(ii)
Notwithstanding par. (i), 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 subd. (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 subd. (c) and (d) limit or restrict the use of infiltration practices, the performance standard of § 17.23(D)(3) shall be met to the maximum extent practicable.
(4)
Protective Areas.
(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.
(i)
For outstanding resource waters and exceptional resource waters,
75 feet.
(ii)
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.
(iii)
For lakes, 50 feet.
(iv)
For wetlands not subject to par. (v) or (vi),
50 feet.
(v)
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.
(vi)
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.
(vii)
In pars. (iv) to (vi), determinations of the
extent of the protective area adjacent to wetlands shall be made on
the basis of the sensitivity and runoff susceptibility of the wetland
in accordance with the standards and criteria in § NR 103.03.
(viii)
Wetland boundary delineation shall be made in
accordance with § NR 103.08(1m). This paragraph 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.
(ix)
For concentrated flow channels with drainage areas
greater than 130 acres, 10 feet.
(x)
Notwithstanding pars. (i) to (ix), 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 subd. (d).
(c)
Requirements. The following requirements shall be met:
(i)
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.
(ii)
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. Non-vegetative materials,
such as rock riprap, may be employed on the bank as necessary to prevent
erosion such as on steep slopes or where high velocity flows occur.
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Note to Users: It is recommended that seeding
of non-invasive vegetative cover be used in the protective areas.
Some invasive plants that should not be used are listed in ch. NR
40, Wis. Adm. Code. Flood and drought-tolerant vegetation that can
provide long-term bank stability because of an extensive root system
is preferable. Vegetative cover may be measured using the line transect
method described in the University of Wisconsin extension publication
number A3533, titled "Estimating Residue Using the Line Transect Method".
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(iii)
BMPs such as filter strips, swales, or wet detention
ponds, that are designed to control pollutants from non-point sources
may be located in the protective area.
(d)
Exemptions. This section does not apply to any of the following:
(ii)
In-fill development areas less than five acres.
(iii)
Structures that cross or access surface water
such as boat landings, bridges, and culverts.
(iv)
Structures constructed in accordance with § 59.692(1v),
Stats.
(v)
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.
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Note to Users: A vegetated protective area
to filter runoff pollutants from post-construction sites described
in par. (v) is not necessary since the runoff at that location is
treated prior to entering the surface water. Other practices necessary
to meet the requirements of this section, such as a swale or pond,
will need to be designed and implemented to reduce runoff pollutants
prior to runoff entering a surface water of the state.
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(5)
Fueling and Maintenance Areas. 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.
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Note to Users: A combination of the following
BMPs may be used: oil and grease separators, canopies, petroleum spill
cleanup materials, or any other structural or nonstructural method
of preventing or treating petroleum in runoff.
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(6)
Swale Treatment for Transportation Facilities.
(a)
Requirement. Except as provided in subd. (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:
(i)
Swales shall be Vegetated. However, where appropriate, non-vegetative
measures may be employed to prevent erosion or provide for runoff
treatment, such as rock riprap stabilization or check dams.
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Note to Users: It is preferred that tall
and dense vegetation be maintained within the swale due to its greater
effectiveness at enhancing runoff pollutant removal.
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(ii)
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.
(i)
Notwithstanding subd. (a), the Village Administrator 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 s. NR 151.004, Wis. Adm. Code.
(ii)
The transportation facility authority shall contact
the Village Administrator 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 § 17.23 of this ordinance, BMPs may be located on-site or off-site as part of a regional stormwater device, practice or system, but shall be installed in accordance with § NR 151.003, Wis. Adm. Code.
(2)
The Village Administrator may approve off-site management measures
provided that all of the following conditions are met:
(a)
The Village Administrator determines that the post-construction
runoff is covered by a stormwater management system plan that is approved
by the Village of Somers and that contains management requirements
consistent with the purpose and intent of this ordinance.
(b)
The off-site facility meets all of the following conditions:
(i)
The facility is in place.
(ii)
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 ordinance.
(iii)
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 Village
Administrator 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 Village Administrator. In determining the fee for post-construction
runoff, the Village Administrator shall consider an equitable distribution
of the cost for land, engineering design, construction, and maintenance
of the regional treatment option.
(G)
Release Rates for Parcels Contained Within the Des Plaines River
Watershed. For parcels contained within the Des Plaines River Watershed,
the following release rates shall supersede the above provisions of
this ordinance: Peak rates of runoff within the Des Plaines River
Watershed for new development shall be controlled as follows:
(H)
Additional Requirements. The Village Administrator may establish
stormwater management requirements more stringent than those set forth
in this ordinance if the Village Administrator 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.
(A)
Permit Required. No responsible party may undertake a land disturbing
construction activity without receiving a post-construction runoff
permit from the Village Administrator prior to commencing the proposed
activity.
(B)
Permit Application and Fees. Unless specifically excluded by this
ordinance, any responsible party desiring a permit shall submit to
the Village Administrator a permit application on a form provided
by the Village Administrator for that purpose.
(1)
Unless otherwise excluded by this ordinance, 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 § 17.23 and § 17.25, the maintenance agreement shall be prepared to meet the requirements of § 17.26, the financial guarantee shall meet the requirements of § 17.27, and fees shall be those established by the Village Board as set forth in § 17.28.
(C)
Permit Application Review and Approval. The Village Administrator
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 15 business days of the receipt of a complete permit
application, including all items as required by sub. (B), the Village
Administrator shall inform the applicant whether the application,
stormwater management plan and maintenance agreement are approved
or disapproved based on the requirements of this ordinance.
(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 Village Administrator shall issue the permit.
(3)
If the stormwater permit application, stormwater management
plan or maintenance agreement is disapproved, the Village Administrator
shall detail in writing the reasons for disapproval.
(4)
The Village Administrator may request additional information
from the applicant If additional information is submitted, the Village
Administrator shall have 10 business 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.
(D)
Permit Requirements. All permits issued under this ordinance shall be subject to the following conditions, and holders of permits issued under this ordinance shall be deemed to have accepted these conditions. The Village Administrator may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Village Administrator to suspend or revoke this permit may be appealed in accordance with § 17.30.
(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 non-structural stormwater management measures in accordance with
the approved stormwater management plan and this permit.
(3)
The responsible party shall notify the Village Administrator
at least five business days before commencing any work in conjunction
with the stormwater management plan, and within 15 business days upon
completion of the stormwater management practices or otherwise as
agreed upon in writing by the Village Administrator and the responsible
party. If required as a special condition under sub. (E), the responsible
party shall make additional notification according to a schedule set
forth by the Village Administrator so that practice installations
can be inspected during construction.
(4)
Practice installations required as part of this ordinance shall
be certified "as built" or "record" drawings by a licensed professional
engineer. Completed stormwater management practices must pass a final
inspection by the Village Administrator or its designee to determine
if they are in accordance with the approved stormwater management
plan and ordinance. The Village Administrator 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 Village Administrator
of any significant modifications it intends to make to an approved
stormwater management plan. The Village Administrator 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 Village Administrator to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan, and consents to a special assessment or charge against the property as authorized under subch. VII of ch 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 17.27.
(8)
If so directed by the Village Administrator, 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 Village
Administrator 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 Village Administrator may require the responsible party
to make appropriate legal arrangements with affected property owners
concerning the prevention of endangerment to property or public safety.
(F)
Permit Duration. Permits issued under this section shall be valid
from the date of issuance through the date the Village Administrator
notifies the responsible party that all stormwater management practices
have passed the final inspection required under sub. (D)(4).
(A)
Stormwater Management Plan Requirements. The stormwater management plan required under § 17.23(B) 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 site maps at a scale of not less than one inch equals
100 feet. The site maps shall show the following site location and
legal property description; predominant soil types and hydrologic
soil groups; existing cover type and condition; topographic contours
of the site at a scale not to exceed two feet; topography and drainage
network including enough of the contiguous properties to show runoff
patterns onto, through, and from the site; watercourses that may affect
or be affected by runoff from the site; flow path and direction for
all stormwater conveyance sections; watershed boundaries used in hydrology
determinations to show compliance with performance standards; lakes,
streams, wetlands, channels, ditches, and other watercourses on and
immediately adjacent to the site, limits of the 100-year floodplain;
location of wells and wellhead protection areas covering the project
area and delineated pursuant to § NR 811.16, Wis. Adm. Code.
(b)
Hydrology and pollutant loading computations as needed to show
compliance with performance standards. All major assumptions used
in developing input parameters shall be clearly stated. The geographic
areas used in making the calculations shall be clearly cross-referenced
to the required map(s).
(4)
Post-development site conditions, including:
(a)
Explanation of the provisions to preserve and use natural topography
and land cover features to minimize changes in peak flow runoff rates
and volumes to surface waters and wetlands.
(b)
Explanation of any restrictions on stormwater management measures
in the development area imposed by wellhead protection plans and ordinances.
(c)
One or more site maps at a scale of not less than one inch equals
100 feet showing the following: post-construction pervious areas including
vegetative cover type and condition; impervious surfaces including
all buildings, structures, and pavement; post-construction topographic
contours of the site at a scale not to exceed two feet; post-construction
drainage network including enough of the contiguous properties to
show runoff patterns onto, through, and from the site; locations and
dimensions of drainage easements; locations of maintenance easements
specified in the maintenance agreement; flow path and direction for
all stormwater conveyance sections; location and type of all stormwater
management conveyance and treatment practices, including the on-site
and off-site tributary drainage area; location and type of conveyance
system that will carry runoff from the drainage and treatment practices
to the nearest adequate outlet such as a curbed street, storm drain,
or natural 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 § 17.23.
(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 Village Administrator
to determine compliance of the proposed stormwater management measures
with the provisions of this ordinance.
(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 ordinance.
(A)
Maintenance Agreement Required. The maintenance agreement required under § 17.24(B) for stormwater management practices shall be an agreement between the Village Administrator 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 § 17.25(A)(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 § 17.24(B).
(3)
Identification of the responsible party(s), organization or city, county, town or Village responsible for long term maintenance of the stormwater management practices identified in the stormwater management plan required under § 17.24(B).
(4)
Requirement that the responsible party(s), organization, or
city, county, town or Village shall maintain stormwater management
practices in accordance with the schedule included in par. (2).
(5)
Authorization for the Village Administrator 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 Village Administrator 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 par. (3), as responsible
for long term maintenance of the stormwater management practices,
shall be notified by the Village Administrator of maintenance problems
which require correction. The specified corrective actions shall be
undertaken within a reasonable time frame as set by the Village Administrator.
(8)
Authorization of the Village Administrator 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 Village Administrator shall enter the
amount due on the tax rolls and collect the money as a special charge
against the property pursuant to subch. VII of ch. 66, Wis. Stats.
(A)
Establishment of the Guarantee. The Village Administrator may require
the submittal of a financial guarantee, the form and type of which
shall be acceptable to the Village Administrator. The financial guarantee
shall be in an amount determined by the Village Administrator 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 Village Administrator 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 Village Administrator that the requirements of this ordinance
have not been met.
(B)
Conditions for Release. Conditions for the release of the financial
guarantee are as follows:
(1)
The Village Administrator shall release the portion of the financial
guarantee established under this section, less any costs incurred
by the Village Administrator to complete installation of practices,
upon submission of "as built plans" or "record" drawings by a licensed
professional engineer. The Village Administrator may make provisions
for a partial pro-rata release of the financial guarantee based on
the completion of various development stages.
(2)
The Village Administrator 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 Administrator,
at such time that the responsibility for practice maintenance is passed
on to another entity via an approved maintenance agreement.
(3)
Under such other conditions as may be stated in writing in an
agreement between the Village and the responsible party.
The fees referred to in other sections of this ordinance shall
be established by the Village Administrator and may from time to time
be modified by resolution. A schedule of the fees established by the
Village Administrator shall be available for review in office of the
Village Clerk/Treasurer.
(A)
Any land disturbing construction activity or post-construction runoff
initiated after the effective date of this ordinance 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 ordinance.
(B)
The Village Administrator shall notify the responsible party by certified
mail of any non-complying 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 Village Administrator
under sub. (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 Village Administrator
in the notice.
(D)
If the violations to a permit issued pursuant to this ordinance are
likely to result in damage to properties, public facilities, or waters
of the state, the Village Administrator may enter the land and take
emergency actions necessary to prevent such damage. The costs incurred
by the Village Administrator plus interest and legal costs shall be
billed to the responsible party.
(E)
The Village Administrator is authorized to post a stop work order
on all land disturbing construction activity that is in violation
of this ordinance, or to request the Village Attorney to obtain a
cease and desist order in any court with jurisdiction.
(F)
The Village Administrator may revoke a permit issued under this ordinance
for non-compliance with ordinance provisions.
(G)
Any permit revocation, stop work order, or cease and desist order
shall remain in effect unless retracted by the Village Administrator
or by a court with jurisdiction.
(H)
The Village Administrator is authorized to refer any violation of
this ordinance, or a stop work order or cease and desist order issued
pursuant to this ordinance, 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 ordinance shall be subject to a forfeiture
of not less than $50 or more than $200 per offense, together with
the costs of prosecution. Each day that the violation exists shall
constitute a separate offense.
(J)
Compliance with the provisions of this ordinance 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 Village Administrator determines that the holder of a permit issued pursuant to this ordinance 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 Village Administrator or a party designated by the Village Administrator 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 Village Administrator 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 § 17.27 of this ordinance. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.
(A)
Board of Appeals. The Board of Appeals created pursuant to § 1.17
of the Village of Somers ordinances pursuant to § 61.354(4)(b),
Wis. Stats., shall hear and decide appeals where it is alleged that
there is error in any order, decision or determination made by the
Village Administrator in administering this ordinance. 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 ordinance that are not contrary
to the public interest, and where owing to special conditions a literal
enforcement of the ordinance will result in unnecessary hardship.
(B)
Who May Appeal. Appeals to the Board of Appeals may be taken by any
aggrieved person or by an officer, department, board, or bureau of
the Village of Somers affected by any decision of the Village Administrator.
If any section, clause, provision or portion of this ordinance
is judged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of the ordinance shall remain in force and not be affected
by such judgment.
