[Added 4-3-2023 by Ord. No. 23-08]
Stormwater best management practices (BMP) are designed and
constructed to reduce the amount of localized flooding and to improve
downstream water quality. Inspections and maintenance of these BMPs
are necessary to ensure that the BMP is functioning as designed.
A.
Lack of long-term maintenance of stormwater best management practices
(BMP) can lead to malfunction or failure of the practice, resulting
in flooding, damage to public infrastructure, nuisance conditions,
property damage, reduced property value, environmental degradation,
and other adverse impacts upstream or downstream of the BMP.
B.
The Wisconsin Department of Natural Resources (WDNR) Municipal Separate
Storm Sewer System (MS4) Permit requires the City ensure that ongoing
inspections and maintenance are performed on any stormwater BMPs that
are designed and installed to meet City stormwater management requirements.
As used in this article, the following terms shall have the
meanings indicated:
An area that has been conveyed to a municipality for water
runoff drainage, flood control, water quality treatment or access
to storm sewer and stormwater management practices.
A legal document that provides for long-term maintenance
of stormwater management practices.
A document that is developed for the life of each stormwater
management practices including the required maintenance activities
and an inspection and maintenance activity schedule.
A National Pollutant Discharge and Elimination System (NPDES)
permit issued to a municipality to control the amount of pollution
reaching local waterways via the storm sewer system which is not a
combined sewer system.
Any person(s) or entity holding fee title to the property
upon which the stormwater management practice is located, as recorded
at the local county register of deeds.
Any BMP located on property owned by a single owner, business,
entity, condo associations, homeowners associations, stormwater associations,
fractional ownership or other nongovernmental entity.
Water from rain, snow or ice melt, or dewatering that moves
over the land surface via sheet or channelized flow.
Any permanent stormwater management facility designed to
collect or manage the quantity or quality of stormwater runoff. Some
examples include but are not limited to: wet or dry detention basin,
infiltration trench or basin, biofilter, constructed wetland, stilling
basin, sand filter, permeable pavement, underground detention, manufactured
proprietary device, rain garden, vegetated buffer or filter strip,
or any combination of these or other permanent stormwater management
feature.
A document that specifies design, predicted performance,
construction or testing methods, material use, and operation and maintenance
requirements for a stormwater management practice. Examples include
but are not limited to those published by the Wisconsin Department
of Natural Resources (WDNR), the USDA-Natural Resource Conservation
Service (NRCS), the City of Watertown and other authoritative resources
on stormwater management.
This article applies to all stormwater management best management practices (BMPs) located within the jurisdictional boundaries of the City of Watertown and that portion of the Town of Emmet, Dodge County, Wisconsin, that is subject to the City's Plat Review Jurisdiction as set forth in Resolution Exhibit No. 6152 and recorded on September 25, 1997 in Volume 937 on Page 86 as document No. 851436 in the Dodge County Office of the Register of Deeds and the Chapter 288, Municipal Code, regardless of approval date, who issued the approval, construction date, or the design, location or ownership of the stormwater BMP.
A.
Stormwater BMP owners on property owned by multiple owners, including
but not limited to homeowners associations, stormwater associations
and condominium associations shall maintain the current owner or agent
contact information on file with the City of Watertown Engineering
Division.
A.
Where no stormwater maintenance agreement exists, all lot and tract
owners within a subdivision and property owners whose property benefits
from the stormwater management system and facilities shall be ultimately
responsible for the maintenance of the stormwater management system
and facilities, whether or not a homeowners' association or property
owners' association is the designated responsible entity.
B.
In the event the City obtains ownership of stormwater management
systems and facilities once privately owned or owned by another governmental
entity as the result of or arising from enforcement action under this
section, as the result of annexation, or by any other means, the City
shall have the right to continue to assess and charge each of the
property owners benefiting from the stormwater management systems
and facilities for ongoing maintenance, repair, replacement and administrative
expenses relating to such stormwater management systems and facilities.
C.
Where existing City-approved private storm sewer and/or best management practices are in a state of disrepair, not constructed in accord with approved plans, or present an obstruction to the drainage system, and the resulting drainage overflows cause damage to the roadway or adjacent public or private lands, the Director of Public Works/City Engineer is authorized to resolve the drainage problem such that the system is functioning in accord with the approved designed. Authorized actions include, but are not limited to: removal of any drainage obstructions (at existing inlets, at existing ditch lines and similar locations); regrading of existing ditch lines; repairing best management practices to bring them into compliance with the approved design; and construction of improvements to the stormwater management systems such that they are constructed in accordance with the approved plans. The costs of this work shall be charged back to the owner per § 453-39D.
A.
Inspection frequency. Inspections are required per the frequency
described in the individual stormwater maintenance plan and at least
as often as described in the most current version of the City of Watertown
Stormwater BMP Maintenance Program (on file with the City of Watertown
Engineering Division), the City of Watertown Post-Construction Stormwater
Management Program and the Wisconsin Department of Natural Resources
Municipal Separate Storm Sewer System (MS4) Permit.
(1)
The City of Watertown Engineering Division has detailed information
on most stormwater BMPs located within the City. Please contact the
Director of Public Works/City Engineer for individual BMP plans, maintenance
plans, and City stormwater program information.
B.
Inspection reports. The BMP inspection report shall contain the following
information:
(1)
BMP owner contact information.
(2)
BMP location with site map.
(3)
BMP condition (details include inlets, outlets, vegetation, debris,
litter, riprap, sediment, water level, berms and swales).
(4)
Recommendations for maintenance, as applicable.
(5)
Date of completed maintenance, if known.
(6)
Date of Inspection.
(7)
Signature of Inspector.
(8)
BMP type (i.e., wet or dry detention pond, biofilter, etc.).
C.
Inspection report submittal to City. All stormwater BMP inspection
reports shall be submitted to the City of Watertown Engineering Division
within 60 days of inspection.
A.
Routine maintenance. All stormwater BMPs shall be maintained in accordance
with the measures described in the individual stormwater BMP maintenance
plan and as outlined in the most recent version of the Wisconsin Department
of Natural Resources (WDNR) Conservation Technical Standards or other
authoritative technical stormwater resource (technical standards).
B.
Maintenance required following inspection. Upon receipt of an inspection
report that recommends the completion of maintenance work or by order
of the Director of Public Works/City Engineer, the owner(s) of a stormwater
BMP shall, at the owner's cost, complete all maintenance work
recommended in the report or ordered by the Director of Public Works/City
Engineer within a reasonable time period, as determined by the Director
of Public Works/City Engineer. All maintenance work shall comply with
the applicable stormwater BMP maintenance plan and the applicable
technical standards.
C.
Confirmation of maintenance to City. The owner(s) of the stormwater
BMP shall submit a maintenance report to the Director of Public Works/City
Engineer within 60 days of the completion of BMP maintenance. The
maintenance report shall include:
(1)
BMP owner contact information.
(2)
BMP location with site map.
(3)
Date of completed maintenance.
(4)
Signature of BMP owner(s).
(5)
Accurate description of the completed work.
(6)
Photos of the completed work.
(7)
Any applicable professional verifications, including WDNR NR 528
sediment evaluation.
(8)
Any other information determined by the Director of Public Works/City
Engineer as necessary to determine compliance with the approved stormwater
BMP plans or this ordinance.
D.
City authorization to complete work. The City is authorized to perform
the corrected actions identified in the inspection report if the owner(s)
does not make the required corrections in the specified time period.
The City may perform corrective actions in the event of an emergency
without prior notification to the owner. The City shall enter the
amount due on the tax rolls and collect the money as a special charge
against the property pursuant to Such. VII of Ch. 66, Wis. Stats.
A.
Easements. Stormwater utility/drainage easements should be identified
on the preliminary and final plats, maintenance agreement or other
document and recorded with the local county register of deeds to run
in perpetuity with the property.
B.
Access. The City has the authority to enter the easement area to
access the stormwater utility/drainage swale and/or the stormwater
BMP to inspect and perform maintenance.
C.
Maintenance responsibilities. The owner(s) is responsible for the
ongoing routine maintenance activities including but not limited to
mowing and removal of debris within the stormwater utility/drainage
swale. Items that are prohibited from being stored within the stormwater
utility/drainage swale or easement include:
(1)
Brush and compost bins and piles, fertilizers.
(2)
Wood piles.
(3)
Permanent structural landscaping features including but not limited
to fences, retaining walls, raised garden beds, trees, shrubs, and
filling or grading or land.
(4)
Recreational furniture and equipment including but not limited to
swingsets, sandboxes, firepits, and above ground pools.
(5)
Grills.
(6)
Vehicles, trailers, boats or campers.
(7)
Sheds and other storage structures.
(8)
Any items that may prevent or block the managed flow of stormwater
during a rain or snow melt event whether resting in place or by floating
downstream.
D.
The City is authorized to perform the corrected actions identified in the inspection report if the owner(s) does not make the required corrections in the specified time period. The City may perform corrective maintenance in the event of an emergency without prior notification to the owner. The costs of this work shall be charged back to the owner per § 453-39D.
For redevelopment sites where the redevelopment will be replacing
older development that was subject to post-construction performance
standards of Ch. NR 151, Wis. Adm. Code, in effect on or after October
1, 2004, the owner(s) shall meet the total suspended solids reduction,
peak flow control, infiltration, and protective areas standards applicable
to the older development or meet the redevelopment standards of this
article, whichever is more stringent. Routine and occasional maintenance
of these facilities is required by the owner.
A.
The City shall notify the owner(s) by certified mail of any noncompliance
with this article. The notice shall describe the nature of the violation,
remedial actions needed, a scheduled for remedial action, and additional
enforcement action which may be taken.
B.
Upon receipt of written notification from the City under Subsection A, the owner(s) shall correct work that does not comply with this article. The owner(s) shall make corrections as necessary to meet the specifications and schedule set forth by the City in the notice.
C.
The City is authorized to refer any violation of this article to
the City Attorney for the commencement of further legal proceedings
in any court with jurisdiction.
D.
Any person, firm, association or corporation who does not comply
with the provisions of this article shall be subject to a forfeiture
of not less than $100 nor more than $1,000 per offense, together with
the costs of prosecutions. Each day that the violation exists shall
constitute a separate offense.
E.
Compliance with the provisions of this article may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease-and-desist order before petitioning
for or obtaining an injunction.
F.
When the City determines that the owner of a property has failed
to be compliant with the requirements of this article, or has failed
to comply with the schedules set forth in the applicable stormwater
management plan, the City or a party designated by the City may enter
upon the land and perform the work or other operations necessary to
bring the condition of said lands into conformance with requirements
of the approved plan. The City shall keep a detailed account of the
costs and expenses of performing this work. 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 from the year in
which the work is completed.
This article supersedes all provisions of ordinances previously
enacted by the City of Watertown relating to the long-term maintenance
of stormwater management practices.
If any section, clause or provision of this article is judged
unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this article shall remain in force and shall not
be affected by such judgement.
