[Adopted 4-10-2000; amended in its entirety 3-24-2026 by Ord. No. 2026-06]
A.
The Village 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:
(1)
Degrade physical stream habitat by increasing stream bank erosion, increasing streambed scour, diminishing groundwater recharge, diminishing stream base flows and increasing stream temperature.
(2)
Diminish the capacity of lakes and streams to support fish, aquatic life, recreational and water supply uses by increasing pollutant loading of sediment, suspended solids, nutrients, heavy metals, bacteria, pathogens and other urban pollutants.
(3)
Alter wetland communities by changing wetland hydrology and by increasing pollutant loads.
(4)
Reduce the quality of groundwater by increasing pollutant loading.
(5)
Threaten public health, safety, property and general welfare by overtaxing storm sewers, drainage ways, and other minor drainage facilities.
B.
Purpose. The general purpose of this article is to establish long-term, post-construction runoff management requirements that will diminish the threats to public health, safety, welfare and the aquatic environment. Specific purposes are to:
(1)
Further the maintenance of safe and healthful conditions.
(2)
Prevent and control the adverse effects of storm water; prevent and control soil erosion; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth.
(3)
Control exceedance of the safe capacity of existing drainage facilities and receiving water bodies; prevent undue channel erosion; and control increases in the scouring and transportation of particulate matter.
(4)
Minimize the amount of pollutants discharged from the separate storm sewer to protect the waters of the state.
Intent. It is the intent of the Village that this article regulates post-construction storm water discharges to waters of the state. This article may be applied on a site-by-site basis. The Village recognizes, however, that the preferred method of achieving the storm water performance standards set forth in this article is through the preparation and implementation of comprehensive, systems-level storm water management plans that cover hydrologic units, such as watersheds, on a municipal and regional scale. Such plans may prescribe regional storm water 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 storm water management measures and have been approved by the Village, it is the intent of this article that the approved storm water management plan be used to identify post-construction management measures acceptable for the community.
A.
Applicability.
(1)
Except as provided under Subsection A(2), this article applies to a post-construction site whereupon one acre or more of land disturbing construction activity occurs during construction.
(2)
A site that meets any of the criteria in this subsection is exempt from the requirements of this article:
(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 subsection does not include exemption from the protective area standard of this article.
(b)
Agricultural facilities and practices.
(c)
Underground utility construction, but not including the construction of any aboveground structures associated with utility construction.
(3)
Notwithstanding the applicability requirements in Subsection A(1), this article applies to postconstruction sites of any size that, as determined by the Village, 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.
It is not intended by this article to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to laws. However, wherever this article imposes greater restrictions, the provisions of this article shall govern.
In their interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the Village and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
This article shall be known as, referred to or cited as the "Stormwater Management Ordinance, Village of Elm Grove, Wisconsin."
The jurisdiction of this article shall include all lands or waters within the corporate limits of the Village of Elm Grove.
The definitions as used in this article are as follows:
Maintenance of sufficient vegetation types and densities such that the physical integrity of the streambank or lakeshore is preserved. Self-sustaining vegetative cover includes grasses, forbs, sedges and duff layers of fallen leaves and woody debris.
A governmental employee, or a regional planning commission empowered under § 62.234, Wis. Stats., that is designated by the Village to administer this article.
Has the meaning given in § 281.16(1), Wis. Stats.
The National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Precipitation-Frequency Atlas of the United States, Volume 8 (Midwestern States), published in 2013.
A 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.
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.
A day the office of the Village is routinely and customarily open for business.
A court-issued order to halt land disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the Village.
A system for conveying both sanitary sewage and storm water runoff.
An impervious surface connected to the waters of the state via a separate storm sewer, an impervious flow path, or a minimally pervious flow path.
A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall.
Residential, commercial, industrial or institutional land uses and associated roads.
Wells, sinkholes, swallets, fractured bedrock at the surface, mine shafts, non-metallic mines, tile inlets discharging to groundwater, quarries, or depressional groundwater recharge areas over shallow fractured bedrock.
The area of the infiltration system that is used to infiltrate runoff and does not include the area used for site access, berms or pretreatment.
The process by which the land's surface is worn away by the action of wind, water, ice or gravity.
Waters listed in s. NR 102.11, Wis. Adm. Code.
Soil that has at least a three-foot-deep layer with at least 20% fines; or at least a five-foot-deep layer with at least 10% fines; or an engineered soil with an equivalent level of protection as determined by the regulatory authority for the site.
All land disturbing construction activities at the construction site have been completed and that a uniform perennial vegetative cover has been established with a density of at least 70% of the cover for the unpaved areas and areas not covered by permanent structures or that employ equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the Village by the responsible party to assure that requirements of the ordinance are carried out in compliance with the storm water management plan.
Town board of supervisors, county board of supervisors, city council, village board of trustees or village council.
An area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. Rooftops, sidewalks, driveways, gravel or paved parking lots and streets are examples of areas that typically are impervious.
An undeveloped area of land located within an existing urban sewer service area, surrounded by development or development and natural or man-made features where development cannot occur.
The entry of precipitation or runoff into or through the soil.
A device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or road side channels designed for conveyance and pollutant removal only.
Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or 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.
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 storm water BMPs on the property.
A legal document that provides for long-term maintenance of storm water management practices.
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this article as determined in accordance with § 325-6 of this chapter.
Development resulting from the conversion of previously undeveloped land or agricultural land uses.
A specific precipitation distribution developed by the United States Department of Agriculture, Natural Resources Conservation Service, using precipitation data from Atlas 14.
Located outside the property boundary described in the permit application.
Located within the property boundary described in the permit application.
has the meaning given in NR 115.03 (6), Wis. Adm. Code.
Waters listed in NR 102.10, Wis. Adm. Code.
The percentage of a given sample of soil, which passes through a #200 sieve.
A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
A written authorization made by the Village to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.
A sum of money paid to the Village by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.
An area that releases as runoff a small portion of the precipitation that falls on it. Lawns, gardens, parks, forests or other similar vegetated areas are examples of surfaces that typically are pervious.
Has the meaning given in § 283.01 (13), Wis. Stats.
Has the meaning given in § 281.01 (10), Wis. Stats.
A construction site following the completion of land disturbing construction activity and final site stabilization.
The extent and distribution of land cover types present before the initiation of land disturbing construction activity, assuming that all land uses prior to development activity are managed in an environmentally sound manner.
has the meaning given in NR 140.05 (17), Wis. Adm. Code.
An area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface.
Areas where development is replacing older development.
The landowner or any other entity performing services to meet the requirements of this article through a contract or other agreement.
Storm water or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
A conveyance or system of conveyances including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:
Activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.
The entire area included in the legal description of the land on which the land disturbing construction activity occurred.
An order issued by the Village which requires that all construction activity on the site be stopped.
A comprehensive plan designed to reduce the discharge of pollutants from storm water, after the site has under gone final stabilization, following completion of the construction activity.
A comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.
A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
An edge, or point on the landscape landward from the ordinary highwater mark of a surface water of the state, where the slope of the land begins to be less than 12% continually for at least 50 feet. If the slope of the land is 12% or less continually for the initial 50 feet landward from the ordinary high-water mark, the top of the channel is the ordinary high-water mark.
The amount of pollutants specified as a function of one or more water quality parameters, that can be discharged per day into a water quality limited segment and still ensure attainment of the applicable water quality standard.
Technical Paper No. 40, Rainfall Frequency Atlas of the United States, published in 1961.
The United States department of agriculture, natural resources conservation service (previously soil conservation service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986, which is incorporated by reference for this chapter.
A highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes such as harbor improvements under § 85.095 (1)(b), Wis. Stats. Transportation facility does not include building sites for the construction of public buildings and buildings that are places of employment that are regulated by the Department pursuant to § 281.33, Wis. Stats.
Total suspended solids.
A rainfall type curve as established in the United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published in 1973.
Includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.
Maximum extent practicable applies when a person who is subject to a performance standard of this article demonstrate to the Village'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 flow shaving, and infiltration components of stormwater practices needed to meet the requirements of this article:
A.
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 administering authority.
C.
Soil loss prediction tools [such as the Universal Soil Loss Equation (USLE)] when using an appropriate rainfall or runoff factor (also referred to as the R factor) or an appropriate design storm and precipitation distribution, and when considering the geographic location of the site and the period of disturbance. The most recent rainfall data available from the Southeastern Wisconsin Regional Planning Commission or more protective data shall be the basis for the analyses required by this article.
A.
Responsible party. The responsible party shall implement a postconstruction stormwater management plan that incorporates the requirements of this section.
B.
Plan. A written stormwater quality and quantity management plan in accordance with § 285-33 shall be developed and implemented for each postconstruction 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 this article, whichever is more stringent.
D.
Requirements. The water quality plan required under Subsection 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 postconstruction site as follows:
(a)
For new development, by design, reduce to the maximum extent practicable the total suspended solids load by 80%, based on the average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed an 80% total suspended solids reduction to meet the requirements of this subsection.
(b)
For redevelopment, by design, reduce to the maximum extent practicable the total suspended solids load by 40%, based on the average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed a 40% total suspended solids reduction to meet the requirements of this subsection.
(c)
For infill development under five acres that occurs within 10 years after October 1, 2002, by design, reduce to the maximum extent practicable the total suspended solids load by 40%, based on an average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed a 40% total suspended solids reduction to meet the requirements of this subsection.
(d)
For infill development that occurs 10 or more years after October 1, 2002, by design, reduce to the maximum extent practicable the total suspended solids load by 80%, based on an average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed an 80% total suspended solids reduction to meet the requirements of this subsection.
(e)
Maximum extent practicable. If the design cannot meet a total suspended solids or phosphorus reduction performance standard of Table 1, the storm water management plan shall include a written, site-specific explanation of why the total suspended solids or phosphorus reduction performance standard cannot be met and why the pollutant loads will be reduced only to the maximum extent practicable.
(f)
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.
E.
Requirements.
(1)
The plan required under Subsection B shall include the following:
(a)
Pollutant control. BMPs shall be designed, installed and maintained to control total suspended solids and phosphorus carried in runoff from the post-construction site as follows:
[1]
BMPs shall be designed in accordance with Table 1 or to the maximum extent practicable as provided in Subsection E(1)(a)[2]. The design shall be based on an average annual rainfall, as compared to no runoff management controls.
Table 1: Pollutant Reduction Standards | ||
|---|---|---|
Development Type | TSS Reduction | Phosphorus |
New development | 80% | 30% |
In-fill development | 80% | 30% |
Redevelopment | 60% of load from parking areas and roads | 30% |
[2]
Maximum extent practicable. If the design cannot meet a total suspended solids or phosphorus reduction performance standard of Table 1, the storm water management plan shall include a written, site-specific explanation of why the total suspended solids or phosphorus reduction performance standard cannot be met and why the pollutant loads will be reduced only to the maximum extent practicable.
[3]
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 runoff. By design, BMPs shall be employed to maintain or reduce the one-year, 24-hour; and the two-year, 24-hour post-construction peak runoff discharge rates to the one-year, 24-hour; and the two-year, 24-hour pre-development peak runoff discharge rates respectively, or to the maximum extent practicable. The runoff curve numbers in the table below 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 Village may allow the use of TP-40 precipitation depths and the Type II distribution.
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 |
(3)
Runoff management requirements.
(a)
The responsible party shall manage the volume, timing, and peak flow rate of runoff from development or redevelopment approved by the Village after the effective date of this chapter. The responsible party may implement runoff management requirements on a watershed basis or at individual sites.
(b)
Standards for development; demolition or construction during redevelopment.
[1]
For development, runoff management shall prevent increases in the regional flood and stream bank erosion rates.
[2]
If demolition or construction during redevelopment will disturb an area larger than two acres, then the responsible party shall reduce the runoff release rate by the amount listed in the following table for the one-percent/100-year and 50%/two-year storms, except as provided in Subsection E(3)(e)
Area Disturbed by Demolition or Construction | Reduction to the Existing Runoff Release Rate as of October 25, 2010 |
|---|---|
Between 2 and 3.5 acres | 10% |
From 3.5 to 5 acres | 15% |
Greater than 5 acres | 20% |
(c)
The responsible party may prepare a watershed or sub-watershed stormwater management plan or a local stormwater management plan for multiple sites considered together. These analyses shall show how runoff volume is distributed over the critical time of the watershed sufficient to comply with Subsection E(3)(b). The responsible party shall analyze runoff and determine the critical time according to guidance provided by the Milwaukee Metropolitan Sewerage District (MMSD). When evaluating how a development will affect the watercourses, the responsible party shall use models and conditions approved by the MMSD. The responsible party shall use 2020 or later land use conditions. The responsible party shall use pre-project channel conditions. The responsible party shall submit these plans and analyses to the MMSD for review and approval. Such plans are subject to approval of the MMSD, in addition to the approval of the Village.
(d)
In the absence of an approved watershed management plan that covers development at a particular site, the responsible party shall implement either site-specific maximum runoff release rates that will distribute runoff over the critical time sufficient to comply with Subsection E(3)(b)[1] calculated according to guidance provided by MMSD, or the following uniform rates:
Storm (Probability/recurrence Interval) | Maximum Runoff Release Rate (cubic feet per second per acre) |
|---|---|
1%/100-year | 0.5 |
50%/2-year | 0.15 |
(e)
Redevelopment may reduce the runoff release rate by an amount less than required by Subsection E(3)(b)[2] when conditions make compliance unreasonable. Relevant conditions include, but are not limited to, soil contamination, groundwater contamination, land use requirements, land availability, opportunities for off-site management, construction delays, marginal costs, and the availability of financing. In this case, redevelopment shall achieve the greatest practicable reduction.
(f)
When selecting the runoff management techniques appropriate for a particular development, responsible parties shall consider the following techniques, in order of preference:
[1]
Preservation of the natural features of development sites, including natural storage and infiltration characteristics;
[2]
Preservation of existing natural streams, channels, and drainageways;
[3]
Minimizing new impervious surfaces;
[4]
Conveyance of stormwater in open vegetated channels;
[5]
Construction of structures that provide both quantity and quality control, with structures serving multiple sites being preferable to structures serving individual sites; and
[6]
Construction of structures that provide only quantity control, with structures serving multiple sites being preferable to structures serving individual sites.
(g)
If impervious surface is removed after the effective date of this chapter, then the responsible party may reduce the degree of runoff management necessary for new impervious surface within the same watershed or sub-watershed, to the extent that the net result complies with Subsection C(2)(b). The responsible party shall implement this subsection according to guidance provided by the MMSD.
(h)
Runoff management systems may be either public or private.
(i)
The responsible party shall ensure that facilities constructed to manage runoff are maintained to preserve their effectiveness.
(j)
If a runoff management system is not constructed or maintained according to an approved site development stormwater management plan or otherwise fails to comply with Subsection E(3)(a), then the responsible party shall construct new facilities, expand or correct previously constructed facilities, or implement other remedial action.
(4)
Infiltration.
(a)
BMPs shall be designed, installed, and maintained to infiltrate runoff to the maximum extent practicable in accordance with the following, except as provided in Subsection E(4)(f) through (h), or to the maximum extent practicable:
[1]
Low imperviousness. For development up to 40% connected imperviousness, such as parks, cemeteries, and low-density residential development, infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 90% of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than one percent of the post-construction site is required as an effective infiltration area.
[2]
Moderate imperviousness. For development with more than 40% and up to 80% connected imperviousness, such as medium- and high-density residential, 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.
[3]
High imperviousness. For development with more than 80% connected imperviousness, such as commercial strip malls, shopping centers, and commercial downtowns, infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 60% of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the post-construction site is required as an effective infiltration area.
(b)
For residential developments, one of the following shall be met:
[1]
Infiltrate sufficient runoff volume so that the post development infiltration volume shall be at least 90% of the predevelopment infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 1% of the project site is required as an effective infiltration area.
[2]
Infiltrate 25% of the post development runoff from the two-year, 24-hour design storm with a type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than 1% of the project site is required as an effective infiltration area.
(c)
For nonresidential development, including commercial, industrial and institutional development, one of the following shall be met:
[1]
Infiltrate sufficient runoff volume so that the post development infiltration volume shall be at least 60% of the predevelopment infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the project site is required as an effective infiltration area.
[2]
Infiltrate 10% of the runoff from the two-year, 24-hour design storm with a type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the project site is required as an effective infiltration area.
(e)
Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection E(4)(h). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(f)
Infiltration exclusions. The runoff from the following areas is prohibited from meeting the requirements of this subsection:
[1]
Areas associated with Tier 1 industrial facilities identified in § NR 216.21(2)(a), Wis. Adm. Code, including storage, loading, rooftop, and parking.
[2]
Storage and loading areas of Tier 2 industrial facilities identified in § NR 216.21(2)(b), Wis. Adm. Code.
[3]
Fueling and vehicle maintenance areas.
[4]
Areas within 1,000 feet up gradient or within 100 feet down gradient of karst features.
[5]
Areas with less than three feet separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock, except this subsection does not prohibit infiltration of roof runoff.
[6]
Areas with runoff from industrial, commercial and institutional parking lots and roads and residential arterial roads with less than five feet separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock.
[7]
Areas within 400 feet of a community water system well as specified in § NR 811.16(4), Wis. Adm. Code, or within 100 feet of a private well as specified in § NR 812.08(4), Wis. Adm. Code, for runoff infiltrated from commercial, industrial and institutional land uses or regional. devices for residential development.
[8]
Areas where contaminants of concern, as defined in § NR 720.03(2), Wis. Adm. Code, are present in the soil through which infiltration will occur.
[9]
Any area where the soil does not exhibit one of the following soil characteristics between the bottom of the infiltration system and the seasonal high groundwater and top of bedrock: at least a three-foot soil layer with 20% fines or greater; or at least a five-foot soil layer with 10% fines or greater. This does not apply where the soil medium within the infiltration system provides an equivalent level of protection. This subsection does not prohibit infiltration of roof runoff.
(g)
Infiltration exemptions. The following are not required to meet the requirements of this subsection:
[1]
Areas where the infiltration rate of the soil is less than 0.6 inch per hour measured at the site.
[2]
Parking areas and access roads less than 5,000 square feet for commercial and industrial development.
[3]
Redevelopment postconstruction sites.
[4]
Infill development areas less than five acres.
[5]
Infiltration areas during periods when the soil on the site is frozen.
[6]
Roads in commercial, industrial and institutional land uses, and arterial residential roads.
(h)
Protection of groundwater quality.
[1]
Infiltration systems designed in accordance with this subsection 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, Wis. Adm. Code. However, if site-specific information indicates that compliance with a preventive action limit is not achievable, the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable.
[2]
Notwithstanding Subsection E(4)(h)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
(5)
Protective areas.
(a)
"Protective area" means an area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. However, in this subsection, "protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location.
[1]
For outstanding resource waters and exceptional resource waters, 75 feet.
[2]
For perennial and intermittent streams identified on a United States Geological Survey 7.5-minute series topographic map, or a county soil survey map, whichever is more current, 50 feet.
[3]
For lakes, 50 feet.
[4]
For wetlands not subject to Subsection E(5)(a)[5] or [6], 50 feet.
[5]
For highly susceptible wetlands, 75 feet. Highly susceptible wetlands include the following types: calcareous fens, sedge meadows, open and coniferous bogs, low prairies, coniferous swamps, lowland hardwood swamps and ephemeral ponds.
[6]
For less susceptible wetlands, 10% of the average wetland width, but no less than 10 feet nor more than 30 feet. Less susceptible wetlands include degraded wetlands dominated by invasive species such as reed canary grass, cultivated hydric soils; and any gravel pits, or dredged material or fill material disposal sites that take on the attributes of a wetland.
[7]
In Subsection E(5)(a)[4] through [6], determinations of the extent of the protective area adjacent to wetlands shall be made based on the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in § NR 103.03, Wis. Adm. Code.
[8]
Wetland boundary delineations shall be made in accordance with § NR 103.08(1m), Wis. Adm. Code. This subsection does not apply to wetlands that have been completely filled in accordance with all applicable state and federal regulations. The protective area for wetlands that have been partially filled in accordance with all applicable state and federal regulations shall be measured from the wetland boundary delineation after fill has been placed. Where there is a legally authorized wetland fill, the protective area standard need not be met in that location.
[9]
For concentrated flow channels with drainage areas greater than 130 acres, 10 feet.
[10]
Notwithstanding Subsection E(5)(a)[1] to [9], the greatest protective area width shall apply where rivers, streams, lakes and wetlands are contiguous.
(b)
This subsection applies to postconstraction sites located within a protective area, except those areas exempted pursuant to Subsection E(5)(d) of this section.
(c)
The following requirements shall be met:
[1]
Impervious surfaces shall be kept out of the protective area to the maximum extent practicable. The stormwater management plan shall contain a written site-specific explanation for any parts of the protective area that are disturbed during construction. The plan shall also include a site plan of the proposed construction including existing trees, proposed landscaping, vegetative cover, and if requested, appropriate elevations, building, and additional landscape information. The site plan should include the relationship between landscaping, drainage, and stormwater management for the site.
[2]
Where land-disturbing construction activity occurs within a protective area, and where no impervious surface is present, adequate sod or self-sustaining vegetative cover of 70% or greater shall be established and maintained. The adequate sod or self-sustaining vegetative cover shall be sufficient to provide for bank stability, maintenance of fish habitat and filtering of pollutants from upslope overland flow areas under sheet flow conditions. Nonvegetative materials, such as rock riprap, may be employed on the bank as necessary to prevent erosion, such as on steep slopes or where high velocity flows occur.
[3]
Best management practices such as filter strips, swales, or wet detention basins that are designed to control pollutants from nonpoint sources may be located in the protective area.
(d)
This subsection does not apply to:
[2]
In-fill development areas less than one acre.
[3]
Structures that cross or access surface waters such as boat landings, bridges and culverts.
[4]
Structures constructed in accordance with § 59.692(1v), Wis. Stats.
[5]
Areas of post-construction sites from which 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.
(6)
Fueling and vehicle maintenance areas. Fueling and vehicle maintenance areas shall, to the maximum extent practicable, have BMPs designed, installed and maintained to reduce petroleum within runoff, such that the runoff that enters waters of the state contains no visible petroleum sheen.
(7)
Swale treatment for transportation facilities.
(a)
Applicability. Except as provided in Subsection E(7)(b), transportation facilities that use swales for runoff conveyance and pollutant removal meet all the requirements of this section if the swales are designed to the maximum extent practicable to do all of the following:
[1]
Be vegetated. However, where appropriate, nonvegetative measures may be employed to prevent erosion or provide for runoff treatment, such as rock riprap stabilization or check dams.
[2]
Carry runoff through a swale for 200 feet or more in length that is designed with a flow velocity no greater than 1.5 feet per second based on a two-year, 24-hour design storm. If a swale of 200 feet in length cannot be designed with a flow velocity of 1.5 feet per second or less, then the flow velocity shall be reduced to the maximum extent practicable.
(b)
Exemptions. The administering authority may, consistent with water quality standards, require other provisions of this section be met on a transportation facility with an average daily travel of vehicles greater than 2,500 and where the initial surface water of the state that the runoff directly enters is any of the following:
[1]
An outstanding resource water.
[2]
An exceptional resource water.
[3]
Waters listed in Section 303(d) of the Federal Clean Water Act that are identified as impaired, in whole or in part, due to nonpoint source impacts.
[4]
Waters where targeted performance standards are developed under § NR 151.004, Wis. Adm. Code, to meet water quality standards.
F.
General considerations for on-site and off-site stormwater management measures. The following considerations shall be observed in managing runoff:
(1)
Natural topography and land cover features such as natural swales, natural depressions, native soil-infiltrating capacity, and natural groundwater recharge areas shall be preserved and used, to the extent possible, to meet the requirements of this section.
(a)
Parking lots with over 24 stalls shall have a minimum of one tree island not less than 180 square feet for each group of 24 stalls or an equivalent number of perimeter plantings or tree rows that are designed as part of an overall landscape plan acceptable to the Plan Commission.
(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.
(3)
BMPs for water quantity management shall use the following techniques, in order of preference:
(a)
Preservation of the natural features of development sites, including natural storage and infiltration characteristics;
(b)
Preservation of existing natural streams, channels, and drainageways;
(c)
Minimizing new impervious surfaces;
(d)
Conveyance of stormwater in open vegetated channels;
(e)
Construction of structures that provide both quantity and quality control, with structures serving multiple sites being preferable to structures serving individual sites; and
(f)
Construction of structures that provide only quantity control, with structures serving multiple sites being preferable to structures serving individual sites.
G.
Location and regional treatment option.
(1)
The BMPs may be located on-site or off-site as part of a regional stormwater device, practice or system within the same watershed.
(2)
Postconstruction runoff within a nonnavigable drainage way that flows into a BMP, such as a wet pond, is not required to meet water quality performance standards unless designed to provide treatment. Postconstruction BMPs may be located in nonnavigable surface waters.
(3)
Except as allowed under Subsection G(4), postconstruction runoff from new development shall meet the postconstruction performance standards prior to entering a navigable surface water.
(4)
Postconstruction runoff from any development within a navigable surface water that flows into a BMP is not required to meet the performance standards of this article if:
(5)
Runoff from existing development, redevelopment and infill areas shall meet the postconstruction performance standards in accordance with this subsection.
(a)
To the maximum extent practicable, BMPs shall be located to treat runoff prior to discharge to navigable surface waters.
(6)
The discharge of runoff from a BMP, such as a wet pond, or after a series of such BMPs is subject to this article.
(7)
The administering authority may approve off-site management measures, provided that all of the following conditions are met:
(a)
The administrating authority determines that the postconstruction runoff is covered by a stormwater management system plan that is approved by the Village of Elm Grove and that contains management requirements consistent with the purpose and intent of this article.
(b)
The off-site facility meets all the following conditions:
[1]
The facility is in place.
[2]
The facility is designed and adequately sized to provide a level of stormwater control equal to or greater than that which would be afforded by on-site practices meeting the performance standards of this article.
[3]
The facility has a legally obligated entity responsible for its long-term operation and maintenance.
(8)
Where a regional treatment option exists such that the administering authority 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 administering authority. In determining the fee for postconstruction runoff, the administering authority shall consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of the regional treatment option.
H.
Alternate requirements. The administering authority may establish stormwater management requirements more stringent than those set forth in this section if the administering authority determines that an added level of protection is needed to protect sensitive resources.
A.
No person shall discharge, spill or otherwise deposit substances or materials which are not entirely composed of stormwater into receiving bodies of surface water, storm sewers or other drainage facilities or onto driveways, sidewalks, parking lots or other impervious or pervious areas that drain into the streams and watercourses of the area. No person shall connect a building wastewater sewer or drain to storm sewers or other stormwater drainage facilities.
B.
The following discharges are exempt from the provision of this article:
(1)
Discharge authorized by a permit issued by the Wisconsin Department of Natural Resources;
(2)
Discharges resulting from fire-fighting activities;
(3)
Discharges from uncontaminated groundwater, potable water sources, roof drains, foundation drains and foundation drain sump pump discharges, air-conditioning condensation, lawn watering, water main and hydrant flushing and swimming pools, if the pool water has been dechlorinated;
(4)
Discharges from individual automobile washing by automobile owners not involving any commercially zoned site;
(5)
Agricultural activities, such activities, however, being subject to good soil and water conservation practices; and
(6)
Facility maintenance activities undertaken by any federal, state, county or municipal agency, such activities, however, being subject to construction erosion control measures.
A.
No person shall proceed with any residential, commercial, industrial or institutional land use development or redevelopment or with the division or subdivision of property without providing appropriate stormwater management facilities that adequately control stormwater runoff from such development or redevelopment or subdivided property. A site-specific stormwater management plan must be submitted and approved by the Public Works Director before any required new stormwater management facilities are constructed, unless exempted or waived pursuant to the provisions of this article. An approved site-specific stormwater management plan is also required before an existing drainage system is relocated, deepened, widened, enlarged, filled, obstructed or otherwise altered in preparation for land use development and redevelopment or division or subdivision of property. The plan must be submitted and approved before any land use development and redevelopment is commenced or a land subdivision plat or certified survey map is approved and recorded.
B.
Milwaukee Metropolitan Sewerage District Rules ("MMSD Rules") contained in Chapter 13 on Surface Water and Stormwater Runoff Management (effective January 1, 2002) and all future amendments thereto are hereby adopted by reference. There shall be compliance with all applicable provisions contained in MMSD Rules Chapter 13 as may be amended from time to time that pertain to stormwater runoff management and plan submittal requirements in addition to the stormwater requirements of the Village of Elm Grove ordinances. This shall include, but not be limited to, plat approval under Chapter 236 Wis. Stats., construction site erosion control and post-construction stormwater quality best management practices to abate pollutant runoff.
C.
The Village Clerk or Village Zoning Administrator shall have available a current copy of MMSD Rules Chapter 13 which shall be open to public inspection.[1]
[1]
NOTE: The MMSD Rules and Stormwater Quality Guidance materials on best management practices for peak stormwater runoff apply to any development adding 0.5 acre or more of impervious surface. They are available to read and print at www.mmsd.com (MMSD website).
This article applies to land use development, redevelopment and property division or subdivision activities which meet the following criteria:
A.
Residential land use development, redevelopment or property division or subdivision occurring within a gross aggregate area of more than five acres;
B.
Residential land use development or redevelopment occurring within, or property division of, a gross aggregate area of more than three acres, if 1.5 acres or more of impervious surfaces are proposed;
C.
Nonresidential land use development, redevelopment or property division or subdivision occurring within a gross aggregate area of more than 1.5 acres, if 0.5 acre or more of impervious surfaces are proposed; and
D.
Land use development, redevelopment or property division or subdivision of any size area that in the opinion of the Public Works Director is likely to result in stormwater runoff which exceeds the safe capacity of existing drainage facilities or receiving watercourse; which causes undue channel erosion; which increases surface water pollution; or which endangers property or public health and safety.
The following development and redevelopment activities are exempt from the requirement of this article:
A.
Maintenance, alteration, improvement or use of an existing structure which does not significantly affect the water quality or hydrologic and hydraulic conditions of the surface water resources of the subwatershed concerned as determined by the Public Works Director in writing;
B.
Maintenance activities undertaken by any federal, state or municipal governmental agency;
C.
Stormwater management facilities to be constructed or measures to be undertaken by the Village when the Public Works Director has determined that a stormwater management plan is not required; and
D.
Agricultural activities not associated with development and redevelopment.
The Public Works Director may waive the requirements of this article in part or in whole. A request for waiver shall be submitted to the Public Works Director and shall include a narrative description and drawings of the proposed development or redevelopment or subdivision for which the waiver is being requested. The Public Works Director may grant a waiver if the Public Works Director finds that:
A.
The development or redevelopment or subdivision is not likely to:
(1)
Significantly increase or decrease the rate or volume of stormwater runoff from the development, redevelopment or subdivision site;
(2)
Have a significant adverse impact on a wetland or other environmentally sensitive area;
(3)
Significantly contribute to the degradation of surface or ground water quality; or
(4)
Otherwise significantly impair attainment of the purpose of this article; and
B.
The applicable adopted stormwater management system plan does not indicate the need for any site-specific stormwater management measures on the site concerned.
The site-specific stormwater management plan required by this article shall contain the following requirements:
A.
General.
(1)
Name, address, and telephone number for the following or their designees: landowner; developer; project engineer for practice design and certification; person(s) responsible for installation of stormwater management practices; and person(s) responsible for maintenance of stormwater management practices prior to the transfer, if any, of maintenance responsibility to another party.
(2)
A proper legal description of the property proposed to be developed, referenced to the U.S. Public Land Survey system or to block and lot numbers within a recorded land subdivision plat.
(3)
Predevelopment site conditions, including:
(a)
One or more site maps at a scale of not less than one inch equals 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 regional flood (the 1% probability storm event) 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: postconstruction pervious areas including vegetative cover type and condition; impervious surfaces including all buildings, structures, and pavement; postconstruction topographic contours of the site at a scale not to exceed two feet; postconstruction drainage network including enough of the contiguous properties to show runoff patterns onto, through, and from the site; locations and dimensions of drainage easements; locations of maintenance easements specified in the maintenance agreement; flow path and direction for all stormwater conveyance sections; location and type of all stormwater management conveyance and treatment practices, including the on-site and off-site tributary drainage area; location and type of conveyance system that will carry runoff from the drainage and treatment practices to the nearest adequate outlet such as a curbed street, storm drain, or natural drainageway; watershed boundaries used in hydrology and pollutant loading calculations and any changes to lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site.
(d)
Hydrology and pollutant loading computations as needed to show compliance with performance standards. The computations shall be made for each discharge point in the development, and the geographic areas used in making the calculations shall be clearly cross-referenced to the required map(s).
(e)
Results of investigations of soils and groundwater required for the placement and design of stormwater management measures. Detailed drawings including cross-sections and profiles of all permanent stormwater conveyance and treatment practices.
(5)
A description and installation schedule for the stormwater management practices needed to meet the performance standards in § 285-31.
(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 administering authority to determine compliance of the proposed stormwater management measures with the provisions of this article.
B.
Certification. 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.
C.
Alternate requirements. The administering authority may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 285-31E.
The site-specific stormwater management system plan required under the provisions of this article shall be designed in accordance with good engineering practice. The specific methods to be used in the calculation of peak rates of discharge, volumes and water quality conditions and of the hydraulic capacities of storage and conveyance facilities shall be left to the judgment of the professional engineer preparing the plan, subject, however, to the approval of the Public Works Director. The site-specific stormwater management system shall be designed such that the natural topography and land cover, including such features as high-quality woodlands, wetlands, swales, natural depressions, native soil infiltration capacity and natural groundwater recharge areas, are protected and preserved to the maximum extent practicable.
The stormwater management facilities and measures required to serve land use development, redevelopment and property subdivision activities subject to this article shall be designed to meet the following minimum standards:
A.
Stormwater discharges shall be treated to achieve the levels of pollutant removals specified in the adopted Village stormwater management system plan. Unless otherwise specified in the above-noted plans, stormwater management measures shall be designed with the general goal of removing, on an average annual basis, 80% of the suspended solids load that may be expected in the absence of control. To achieve this level of removal, the stormwater management measures shall be designed to accommodate, at a minimum, the runoff volume resulting from 1.5 inches of rainfall.
B.
Discharge of urban stormwater pollutants to wetlands shall be minimized to the extent practicable. Significant degradation of wetland functional values due to stormwater pollutant loading shall be avoided.
C.
Stormwater discharges shall be pretreated prior to infiltration to prolong maintenance of the infiltration capacity and to prevent discharge of stormwater pollutants and concentrations that would result in exceeding groundwater quality standards established by the Wisconsin Department of Natural Resources.
D.
Stormwater detention, retention and infiltration facilities shall not be located closer than allowed by applicable sections of the Wisconsin Administrative Code. The stormwater management plan shall show all wells within the following areas: 100 feet from a well serving a private water system; or 1,200 feet from a well serving a municipal or a community/subdivision water supply system; or within the wellhead protection areas of a well serving a municipal or a community/subdivision water supply system, if such a protection area has been delineated. Copies of any variances to the Administrative Code obtained from the state must be furnished to the Village prior to the start of construction.
E.
In the design of the stormwater facilities and measures, due consideration shall be given to the design criteria and standards set forth in the Wisconsin Stormwater Manual prepared and published by the Wisconsin Department of Natural Resources and as may be revised from time to time.
A.
The conveyance and storage facilities incorporated into the site-specific stormwater management system plan required under this article shall be designed as an integral part of existing stormwater systems, provided that there is no downstream flooding. In the event that there is downstream flooding, the Public Works Director may require site-specific measures that will not increase downstream storm flows.
B.
Design criteria and standards for stormwater management measures shall be made available by the Village Clerk in cooperation with the Public Works Director.
C.
Peak flow shaving components of stormwater structures shall be designed in accordance with standard engineering practice.
D.
Runoff volumes and peak flows rates used in designing the water quantity and quality components of stormwater structures shall be based on the principles of the document entitled "Urban Hydrology for Small Watersheds" (Technical Release 55: Engineering Division, United States Department of Agriculture, June 1992), Natural Resources Conservation Service or other methods approved by the Public Works Director.
E.
Unless otherwise specified in the Village stormwater management system plan or where determined by the Public Works Director to be not needed, the peak flow discharge rates of stormwater runoff from the site under post-development conditions shall not exceed the rates under existing conditions, as calculated under § 325-40A(3)(b).
Stormwater detention and retention control facilities included in the stormwater management system plan required under this article shall be designed in conformance with the adopted Village stormwater management system plan.
The Public Works Director may establish stormwater management requirements either more or less stringent than those set forth in this article provided that the Public Works Director finds that one or more of the following conditions applies:
A.
A higher level of quality in the stormwater discharge is required to protect sensitive environmental resources.
B.
A higher level of protection from ponding or flooding is required to protect the public health and safety.
C.
Provisions are available to manage the stormwater runoff by off-site facilities, provided that all of the following conditions are met for the off-site facilities: the facilities are in place; the facilities are adequately sized to provide a level of stormwater runoff control equal to or greater than that which would be afforded by on-site facilities and measures meeting the requirements of this article; and a legal entity exists that is responsible for the maintenance of the facilities.
An irrevocable letter of credit of sufficient duration or certified check shall accompany the plan to guarantee implementation of the proposed stormwater management measures recommended in the plan. The amount of the guaranty shall be based upon the estimated initial construction costs and shall be for 125% of those costs. Upon completion of the recommended measures and submittal of the as-built plan required under § 325-50D(5) of this article, any portion of the guaranty not utilized shall be released or returned.
If the Public Works Director at any time finds that the stormwater management measures constructed in accordance with the system plan are not being properly maintained or if they are altered in any way from the location, configuration and capacity of the measures specified in the approved plan, the Village Zoning Administrator, upon the recommendation of the Public Works Director, shall issue an order to the owner to undertake the needed maintenance or repair. In the event of noncompliance by the owner within 10 calendar days of actual service of the order or the taking of an appeal, the Village may seek an injunction to compel action by the owner. The cost of such legal enforcement action for maintenance shall be levied as a special charge pursuant to § 66.60(16), Wis. Stats., against the property concerned. The special charge shall be collectible in the manner as provided in § 66.60(16) and (17), Wis. Stats.
The following shall be deemed to constitute public nuisances and may be prosecuted as such by the Village and may be enforced by injunction:
A.
Any development, redevelopment or property subdivision that is commenced without an approved stormwater management plan as required by this article;
B.
Any stormwater drainage facility which is not constructed in accordance with the stormwater management plan required under this article;
D.
Any activity which adversely impacts on surface or ground water quality.
When the Public Works Director finds that a willful violation of the provisions of this article exists, the Public Works Director shall inform the Zoning Administrator, who may order the owner of the site concerned to correct the violation by issuing a notice of violation or stop-work order.
A.
Any person who commences any site improvements without an approved plan as required by this article may be required to restore the land to its original condition within a period of 30 days.
B.
If the owner fails to take corrective action after being noticed, the Village may take all steps necessary to correct the violation, including but not limited to using Village forces or engaging contractors after obtaining an injunction in the absence of consent of the owner.
C.
If the owner concerned has filed an irrevocable letter of credit or certified check under § 325-43 of this article, the appropriate guaranty shall be drawn upon.
D.
If the owner has not filed an irrevocable letter of credit or certified check the cost shall be levied as a special charge against the property concerned under § 66.60(16), Wis. Stats.
E.
Any person who does not comply with the provisions of this article shall be subject to a forfeiture of not less than $100 and not more than $1,000 for each offense, together with the costs of prosecution. Each day a violation exists shall be deemed to constitute a separate offense.
A.
No person shall undertake a land development, redevelopment or property subdivision activity subject to the requirements of this article without receiving a permit from the Public Works Director prior to commencing the proposed land development, redevelopment or property subdivision activity.
B.
Permit application and fee. Any person desiring a permit shall submit to the Public Works Director a permit application made on a form provided by the Village. The application must be accompanied by the site-specific stormwater management plan required under the provisions of this article, the financial guarantee required under the provisions of this article and a nonrefundable permit administration fee of $225.
C.
The Public Works Director shall, within 30 calendar days of the receipt of a permit application, review the application for compliance with the requirements of this article and shall advise the Zoning Administrator, who shall inform the applicant whether the application plan and financial guaranty are approved or disapproved. If the application is approved, the permit shall be issued by the Village Zoning Administrator. If the application is disapproved, the applicant shall be advised in writing of the reasons for disapproval.
D.
Permit conditions. 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 Village Zoning Administrator may suspend or revoke a permit for violation of a permit condition following written notification to the permit holder.
(1)
Compliance with a permit issued under this article does not relieve the permit holder of responsibility to comply with other applicable federal, state and municipal laws and regulations.
(2)
The permit holder shall properly install all structural and nonstructural stormwater management measures recommended in the approved site-specific stormwater management plan.
(3)
The permit holder shall notify the Public Works Director at least three working days before commencing any work to implement the approved site-specific stormwater management plan and within the next working day upon completion of the work.
(4)
Upon completion of the stormwater management facilities and other measures required by the approved plan, the Public Works Director shall conduct an inspection of those facilities and measures to determine if they were constructed in accordance with the approved plan and the requirements of this article. The Public Works Director shall inform the Zoning Administrator, who shall notify the permit holder in writing of any changes required in the facilities and measures to bring them into compliance with the approved plan and the requirements of this article.
(5)
Upon final approval of the constructed stormwater management facilities, the developer or subdivider shall have an as-built plan prepared by a licensed professional engineer or registered land surveyor correctly showing the locations, configurations and elevations of the completed facilities and measures. The as-built plan shall be prepared to the same scale, contour interval and vertical datum as the approved site-specific stormwater management plan and shall be subject to the approval of the Public Works Director.
(6)
If so directed by the Village Zoning Administrator, the permit holder shall repair, at the permit holder's own expense, any and all damage to adjoining municipal facilities and drainageways caused by stormwater runoff where such damage was caused by activities not in compliance with the approved site-specific stormwater management plan.
(7)
The permit holder shall permit access to the site and property concerned by the Public Works Director and Zoning Administrator for the purpose of inspecting the stormwater management facilities and measures for compliance with the approved site-specific stormwater management plan.
(8)
Where a site-specific stormwater management plan proposes changes in the direction, in the peak rates or in the total volume of runoff from a site, the Public Works Director shall advise the Zoning Administrator, who may require the permit holder to present written evidence that appropriate legal arrangements have been implemented with adjacent property owners concerning the prevention of damage to property or danger to public health and safety.
E.
Permits issued under this article shall be valid from the date of issue through the date upon which the Village Zoning Administrator notifies the permit holder that all stormwater management facilities and measures have satisfactorily met final inspection by the Public Works Director.
A.
Any person aggrieved by the administration of this article may appeal the decision to the Board of Appeals established by the Village pursuant to § 62.23(7)(e), Wis. Stats. The Board shall hear and decide appeals where it is alleged that there is an error in any order, decision or determination made by the Public Works Director or Zoning Administrator in administering this article and upon appeal may authorize variances from the provisions of this article which are not contrary to the public interest and where, owing to special conditions, a literal enforcement of the provision of this article would result in unnecessary hardship and shall use the rules, procedures, duties, and powers authorized by state statute in hearing and deciding appeals and authorizing variances.
B.
The owner may appeal to the Board of Appeals within 10 calendar days of actual service of the order. If an appeal is not taken by filing in writing with the Village Clerk within such 10 days, the order shall be final. Hearings before the Board of Appeals shall be conducted pursuant to § 62.23(7)(e), Wis. Stats.