Chapter 565 Construction Site Erosion and Sediment Control

Editor's Note: This ordinance also repealed former Ch. 565, Stormwater Management, adopted 6-1-1999 by Ord. No. 824B (Title 4, Ch. 10, of the 2009 Code of Ordinances).

§ 565-1 Authority.

This article is adopted under the authority granted by § 62.234, Wis. Stats. This article supersedes all provisions of an ordinance previously enacted under § 62.23, Wis. Stats., that relate to construction site erosion control. Except as otherwise specified in § 62.234, Wis. Stats., § 62.23, Wis. Stats., applies to this article and to any amendments to this article.

The provisions of this article are deemed not to limit any other lawful regulatory powers of the same governing body.

The City Council hereby designates the Public Works Director to administer and enforce the provisions of this article.

The requirements of this article do not pre-empt more stringent erosion and sediment control requirements that may be imposed by any of the following:

Wisconsin Department of Natural Resources administrative rules, permits or approvals, including those authorized under §§ 281.16 and 283.33, Wis. Stats.

§ 565-4 Applicability and jurisdiction.

Targeted non-agricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Adm. Code.

§ 565-2 Findings of fact.

The City Council acknowledges that runoff from land-disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in City of Lake Mills.

§ 565-3 Purpose.

It is the purpose of this article to maintain safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion and sediment discharge; 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 by minimizing the amount of sediment and other pollutants carried by runoff or discharged from land-disturbing construction activity to waters of the state in the City of Lake Mills.

Applicability.

Except as provided under Subsection A(2), this article applies to any construction site as defined under § 565-5.

This article does not apply to the following:

Transportation facilities, except transportation facility construction projects that are part of a larger common plan of development such as local roads within a residential or industrial development.

A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under 40 CFR, part 122, for land-disturbing construction activity.

Nonpoint discharges from agricultural facilities and practices.

Nonpoint discharges from silviculture activities.

Routine maintenance for project sites that have less than five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.

AGRICULTURAL FACILITIES AND PRACTICES

Notwithstanding the applicability requirements in Subsection A(1), this article applies to construction sites of any size that, as determined by the Public Works Director, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, or that increases water pollution by scouring or transporting of particulate.

Jurisdiction. This article applies to land-disturbing construction activities on lands within the boundaries and jurisdiction of the City of Lake Mills, as well as all lands located within the extraterritorial plat approval jurisdiction of the City of Lake Mills, even if plat approval is not involved.

Exclusions. This article is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats.

§ 565-5 Definitions.

ADMINISTERING AUTHORITY

Means a governmental employee, or a regional planning commission empowered under § 62.234, Wis. Stats., that is designated by the City Council to administer this article.

Have the meanings in § 281.16(1), Wis. Stats.

BEST MANAGEMENT PRACTICE or BMP

Means structural or non-structural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.

BUSINESS DAY

Means a day the office of the Public Works Director is routinely and customarily open for business.

CEASE AND DESIST ORDER

Means 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 Public Works Director.

CONSTRUCTION SITE

Means an area upon which one or more land-disturbing construction activities occurs, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land-disturbing construction activities may be taking place at different times on different schedules but under one plan. A long-range planning document that describes separate construction projects, such as a 20-year transportation improvement plan, is not a common plan of development.

DESIGN STORM

Means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall.

DIVISION OF LAND

Means the creation from one parcel of five or more parcels or building sites of 1.5 or fewer acres each in area where such creation occurs at one time or through the successive partition within a five-year period.

EROSION

Means the process by which the land's surface is worn away by the action of wind, water, ice or gravity.

EROSION AND SEDIMENT CONTROL PLAN

Means a comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.

EXTRATERRITORIAL

Means the unincorporated area within three miles of the corporate limits of a first, second, or third class city, or within 1.5 miles of a fourth class city or village.

FINAL STABILIZATION

Means that 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.

GOVERNING BODY

Means town board of supervisors, county board of supervisors, city council, village board of trustees or village council.

LAND-DISTURBING CONSTRUCTION ACTIVITY

Means 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.

LANDOWNER

Means any person holding fee title, an easement or other interest in property, which allows the person to undertake cropping, livestock management, land-disturbing construction activity or maintenance of stormwater BMPs on the property.

MAXIMUM EXTENT PRACTICABLE

Means 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 § 565-5.1 of this article.

PERFORMANCE STANDARD

Means a narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.

PERMIT

Means a written authorization made by the Public Works Director to the applicant to conduct land-disturbing construction activity or to discharge post-construction runoff to waters of the state.

POLLUTANT

Has the meaning given in § 283.01(13), Wis. Stats.

POLLUTION

Has the meaning given in § 281.01(10), Wis. Stats.

RESPONSIBLE PARTY

Means the landowner or any other entity performing services to meet the requirements of this article 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.

SEDIMENT

Means settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.

SILVICULTURE ACTIVITY

Means activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.

SITE

Means the entire area included in the legal description of the land on which the land-disturbing construction activity is proposed in the permit application.

STOP-WORK ORDER

Means an order issued by the Public Works Director which requires that all construction activity on the site be stopped.

TECHNICAL STANDARD

Means a document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.

TRANSPORTATION FACILITY

Means 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.

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.

§ 565-5.1 Applicability of maximum extent practicable.

Maximum extent practicable applies when a person who is subject to a performance standard of this article demonstrates to the Public Works Director'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.

§ 565-6 Technical standards.

All BMPs required for compliance with this article shall meet design criteria, standards and specifications based on any of the following:

Design guidance and technical standards identified or developed by the Wisconsin Department of Natural Resources under Subchapter V of Chapter NR 151, Wis. Adm. Code.

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.

Technical standards and methods approved by the Public Works Director.

§ 565-7 Performance standards for construction sites under one acre.

Responsible party. The responsible party shall comply with this section.

Erosion and sediment control practices. Erosion and sediment control practices at each site where land-disturbing construction activity is to occur shall be used to prevent or reduce all of the following:

The deposition of soil from being tracked onto streets by vehicles.

The discharge of sediment from disturbed areas into on-site stormwater inlets.

The discharge of sediment from disturbed areas into adjacent waters of the state.

The discharge of sediment from drainage ways that flow off the site.

The discharge of sediment by dewatering activities.

The discharge of sediment eroding from soil stockpiles existing for more than seven days.

The transport by runoff into waters of the state of chemicals, cement, and other building compounds and materials on the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subdivision.

Location. The BMPs shall be located so that treatment occurs before runoff enters waters of the state.

Implementation. The BMPs used to comply with this section shall be implemented as follows:

Erosion and sediment control practices shall be constructed or installed before land-disturbing construction activities begin.

Erosion and sediment control practices shall be maintained until final stabilization.

Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site.

Temporary stabilization activity shall commence when land disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.

§ 565-8 Performance standards for construction sites of one acre or more.

BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.

Responsible party. The responsible party shall comply with this section and implement the erosion and sediment control plan developed in accordance with § 565-10.

Erosion and sediment control plan. A written site-specific erosion and sediment control plan shall be developed in accordance with § 565-10 of this article and implemented for each construction site.

Erosion and other pollutant control requirements. The erosion and sediment control plan required under Subsection B shall include the following:

The deposition of soil from being tracked onto streets by vehicles.

The discharge of sediment from disturbed areas into on-site stormwater inlets.

The discharge of sediment from disturbed areas into adjacent waters of the state.

The discharge of sediment from drainage ways that flow off the site.

The discharge of sediment by dewatering activities.

The discharge of sediment eroding from soil stockpiles existing for more than seven days.

The discharge of sediment from erosive flows at outlets and in downstream channels.

(i)

The transport by runoff into waters of the state of untreated wash water from vehicle and wheel washing.

Sediment performance standards. In addition to the erosion and sediment control practices under Subsection C(1), the following erosion and sediment control practices shall be employed:

BMPs that, by design, discharge no more than five tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization.

No person shall be required to employ more BMPs than are needed to meet a performance standard in order to comply with maximum extent practicable. Erosion and sediment control BMPs may be combined to meet the requirements of this subsection. Credit may be given toward meeting the sediment performance standard of this subsection for limiting the duration or area, or both, of land-disturbing construction activity, or for other appropriate mechanisms.

Notwithstanding Subsection C(2)(a), if BMPs cannot be designed and implemented to meet the sediment performance standard, the erosion and sediment control plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.

Preventive measures. The erosion and sediment control plan shall incorporate all of the following:

Maintenance of existing vegetation, especially adjacent to surface waters whenever possible.

Minimization of soil compaction and preservation of topsoil.

Minimization of land-disturbing construction activity on slopes of 20% or more.

Development of spill prevention and response procedures.

Location. The BMPs used to comply with this section shall be located so that treatment occurs before runoff enters waters of the state.

Implementation. The BMPs used to comply with this section shall be implemented as follows:

Erosion and sediment control practices shall be constructed or installed before land-disturbing construction activities begin in accordance with the erosion and sediment control plan developed in § 565-8B.

Erosion and sediment control practices shall be maintained until final stabilization.

Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site.

Temporary stabilization activity shall commence when land disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.

§ 565-9 Permitting requirements, procedures and fees.

BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.

Permit required. No responsible party may commence a land-disturbing construction activity subject to this article without receiving prior approval of an erosion and sediment control plan for the site and a permit from the Public Works Director.

Permit application and fees. The responsible party that will undertake a land-disturbing construction activity subject to this article shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 565-10, and shall pay an application fee to the Public Works Director in the amount specified in § 565-11. By submitting an application, the applicant is authorizing the Public Works Director to enter the site to obtain information required for the review of the erosion and sediment control plan.

Permit application review and approval. The Public Works Director shall review any permit application that is submitted with an erosion and sediment control plan, and the required fee. The following approval procedure shall be used:

Within 30 business days of the receipt of a complete permit application, as required by Subsection B, the Public Works Director shall attempt to inform the applicant whether the application and erosion and sediment control plan are approved or disapproved based on the requirements of this article.

If the permit application and erosion and sediment control plan are approved, the Public Works Director shall issue the permit.

If the permit application or erosion and sediment control plan is disapproved, the Public Works Director shall state in writing the reasons for disapproval.

The Public Works Director may request additional information from the applicant. If additional information is submitted, the Public Works Director shall have approximately 15 business days from the date the additional information is received to attempt to inform the applicant that the erosion and sediment control plan is either approved or disapproved.

Surety bond. As a condition of approval and issuance of the permit, the Public Works Director may require the applicant to deposit a surety bond or irrevocable letter of credit to guarantee a good faith execution of the approved erosion and sediment control plan and any permit conditions.

Permit requirements. All permits shall require the responsible party to:

Notify the Public Works Director within 48 hours of commencing any land-disturbing construction activity.

Notify the Public Works Director of completion of any BMPs within 14 days after their installation.

Obtain permission in writing from the Public Works Director prior to any modification pursuant to § 565-10C of the erosion and sediment control plan.

Install all BMPs as identified in the approved erosion and sediment control plan.

Maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities identified in the erosion and sediment control plan.

Repair any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land-disturbing construction activities and document repairs in a site inspection log.

Inspect the BMPs within 24 hours after each rain of 0.5 inches or more which results in runoff during active construction periods, and at least once each week. Make needed repairs and install additional BMPs as necessary, and document these activities in an inspection log that also includes the date of inspection, the name of the person conducting the inspection, and a description of the present phase of the construction at the site.

§ 565-10 Erosion and sediment control plan, statement and amendments.

Allow the Public Works Director to enter the site for the purpose of inspecting compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with the erosion and sediment control plan. Keep a copy of the erosion and sediment control plan at the construction site.

Permit conditions. Permits issued under this section may include conditions established by Public Works Director in addition to the requirements set forth in Subsection E, where needed to assure compliance with the performance standards in § 565-7 or 565-8.

Permit duration. Permits issued under this section shall be valid for a period of 180 days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The Public Works Director may grant one or more extensions not to exceed 180 days cumulatively. The Public Works Director may require additional BMPs as a condition of an extension if they are necessary to meet the requirements of this article.

Maintenance. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of this article until the site has undergone final stabilization.

Erosion and sediment control plan statement. For each construction site identified under § 565-4A(1), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the Public Works Director. The erosion and sediment control plan statement shall briefly describe the site, the development schedule, and the BMPs that will be used to meet the requirements of this chapter. A site map shall also accompany the erosion and sediment control plan statement.

Erosion and sediment control plan requirements.

An erosion and sediment control plan shall be prepared and submitted to the Public Works Director.

The erosion and sediment control plan shall be designed to meet the performance standards in §§ 565-7 and 565-8 and other requirements of this article.

The erosion and sediment control plan shall address pollution caused by soil erosion and sedimentation during construction and up to final stabilization of the site. The erosion and sediment control plan shall include, at a minimum, the following items:

Name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm. The application shall also include start and end dates for construction.

Description of the construction site and the nature of the land-disturbing construction activity, including representation of the limits of land disturbance on a United States Geological Service 7.5-minute series topographic map.

Description of the intended sequence of major land-disturbing construction activities for major portions of the construction site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation.

Estimates of the total area of the construction site and the total area of the construction site that is expected to be disturbed by land-disturbing construction activities.

Calculations to show the compliance with the performance standard in § 565-8C(2)(a).

Existing data describing the surface soil as well as subsoils.

Depth to groundwater, as indicated by Natural Resources Conservation Service soil information where available.

Name of the immediate named receiving water from the United States Geological Service 7.5-minute series topographic maps.

The erosion and sediment control plan shall include a site map. The site map shall include the following items and shall be at a scale not greater than 100 feet per inch and at a contour interval not to exceed five feet.

Existing topography, vegetative cover, natural and engineered drainage systems, roads and surface waters. Lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site shall be shown. Any identified 100-year floodplains, flood fringes and floodways shall also be shown.

Boundaries of the construction site.

Drainage patterns and approximate slopes anticipated after major grading activities.

Areas of soil disturbance.

Location of major structural and non-structural controls identified in the erosion and sediment control plan.

Location of areas where stabilization BMPs will be employed.

Areas which will be vegetated following land-disturbing construction activities.

Area(s) and location(s) of wetland on the construction site, and locations where stormwater is discharged to a surface water or wetland within one-quarter mile downstream of the construction site.

(i)

Areas(s) used for infiltration of post-construction stormwater runoff.

(j)

An alphanumeric or equivalent grid overlying the entire construction site map.

Each erosion and sediment control plan shall include a description of appropriate control BMPs that will be installed and maintained at the construction site to prevent pollutants from reaching waters of the state. The erosion and sediment control plan shall clearly describe the appropriate erosion and sediment control BMPs for each major land-disturbing construction activity and the timing during the period of land-disturbing construction activity that the erosion and sediment control BMPs will be implemented. The description of erosion and sediment control BMPs shall include, when appropriate, the following minimum requirements:

Description of interim and permanent stabilization practices, including a BMP implementation schedule. The erosion and sediment control plan shall ensure that existing vegetation is preserved where attainable and that disturbed portions of the site are stabilized.

Description of structural practices to divert flow away from exposed soils, store flows or otherwise limit runoff and the discharge of pollutants from the site. Unless otherwise specifically approved in writing by the Public Works Director, structural measures shall be installed on upland soils.

Management of overland flow at all areas of the construction site, unless otherwise controlled by outfall controls.

Trapping of sediment in channelized flow.

Staging land-disturbing construction activities to limit exposed soil areas subject to erosion.

Protection of downslope drainage inlets where they occur.

Minimization of tracking at all vehicle and equipment entry and exit locations of the construction site.

Clean up of off-site sediment deposits.

(i)

Proper disposal of building and waste material.

(j)

Stabilization of drainage ways.

(k)

Installation of permanent stabilization practices as soon as possible after final grading.

(l)

Minimization of dust to the maximum extent practicable.

The erosion and sediment control plan shall require that velocity dissipation devices be placed at discharge locations and along the length of any outfall channel as necessary to provide a non-erosive flow from the structure to a watercourse so that the natural physical and biological characteristics and functions are maintained and protected.

Erosion and sediment control plan amendments. The applicant shall amend the erosion and sediment control plan if any of the following occur:

There is a change in design, construction, operation or maintenance at the site which has the reasonable potential for the discharge of pollutants to waters of the state and which has not otherwise been addressed in the erosion and sediment control plan.

The actions required by the erosion and sediment control plan fail to reduce the impacts of pollutants carried by construction site runoff.

The Public Works Director notifies the applicant of changes needed in the erosion and sediment control plan.

§ 565-11 Fee schedule.

The fees referred to in other sections of this article shall be established by the Public Works Director and may from time to time be modified by resolution. A schedule of the fees established by the Public Works Director shall be available for review on the City of Lake Mills website or at City Hall.

§ 565-12 Inspection.

If land-disturbing construction activities are occurring without a permit required by this article, the Public Works Director may enter the land pursuant to the provisions of §§ 66.0119(1), (2), and (3), Wis. Stats.

§ 565-13 Enforcement.

The Public Works Director may post a stop-work order if any of the following occurs:

Land-disturbing construction activity regulated under this article is occurring without a permit.

The erosion and sediment control plan is not being implemented in good faith.

The conditions of the permit are not being met.

If the responsible party does not cease activity as required in a stop-work order posted under this section or fails to comply with the erosion and sediment control plan or permit conditions, the Public Works Director may revoke the permit.

If the responsible party, where no permit has been issued or the permit has been revoked, does not cease the activity after being notified by the Public Works Director, or if a responsible party violates a stop-work order posted under Subsection A, the Public Works Director may request the city attorney to obtain a cease and desist order in any court with jurisdiction.

The Public Works Director may retract the stop-work order issued under Subsection A or the permit revocation under Subsection B.

After posting a stop-work order under Subsection A, the Public Works Director may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this article. The Public Works Director may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the Public Works Director, plus interest at the rate authorized by Public Works Director, shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Subchapter VII of Ch. 66, Wis. Stats.

Any person violating any of the provisions of this article shall be subject to a penalty as follows:

First offense penalty. Any person who shall violate any provision of this article subject to a penalty shall, upon conviction thereof, forfeit not less than $1 nor more than $500, together with the costs of prosecution.

Second offense penalty. Any person who shall be convicted of violating the same provision of this article two or more times within one year shall, upon conviction thereof, forfeit not less than $100 nor more than $1,000, together with costs of prosecution.

Compliance with the provisions of this article may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings.

§ 565-14 Appeals.

Board of appeals. The board of appeals created pursuant to Chapter 27 of the City's Code pursuant to § 62.23(7)(e), Wis. Stats.:

Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Public Works Director in administering this article except for cease and desist orders obtained under § 565-13C.

May authorize, upon appeal, 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 provisions of this chapter will result in unnecessary hardship; and

Article II Post-Construction Stormwater Management

Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.

Who may appeal. Appeals to the board of appeals may be taken by any aggrieved person or by any office, department, board, or bureau of the City of Lake Mills affected by any decision of the Public Works Director.

§ 565-15 Severability.

If a court of competent jurisdiction judges any section, clause, provision or portion of this article unconstitutional or invalid, the remainder of the chapter shall remain in force and not be affected by such judgment.

§ 565-16 Effective date.

This article shall be in force and effect from and after its adoption and publication. The above and foregoing ordinance was duly adopted by the City Council of the City of Lake Mills on the 21st day of April, 2026.

[Adopted 4-21-2026 by Ord. No. 1290]

§ 565-17 Authority.

This article is adopted by the City Council under the authority granted by § 62.234, Wis. Stats. This article supersedes all provisions of an ordinance previously enacted under § 62.23, Wis. Stats., that relate to stormwater management regulations. Except as otherwise specified in § 62.234, Wis. Stats., § 62.23, Wis. Stats., applies to this article and to any amendments to this article.

The provisions of this article are deemed not to limit any other lawful regulatory powers of the same governing body.

The City Council hereby designates the Public Works Director to administer and enforce the provisions of this article.

The requirements of this article do not pre-empt more stringent stormwater management requirements that may be imposed by any of the following:

Wisconsin Department of Natural Resources administrative rules, permits or approvals including those authorized under §§ 281.16 and 283.33, Wis. Stats.

Targeted non-agricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Adm. Code.

§ 565-18 Findings of fact.

The City Council 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:

Degrade physical stream habitat by increasing stream bank erosion, increasing streambed scour, diminishing groundwater recharge, diminishing stream base flows and increasing stream temperature.

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.

Alter wetland communities by changing wetland hydrology and by increasing pollutant loads.

Reduce the quality of groundwater by increasing pollutant loading.

Threaten public health, safety, property and general welfare by overtaxing storm sewers, drainage ways, and other minor drainage facilities.

§ 565-19 Purpose and intent.

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:

Further the maintenance of safe and healthful conditions.

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.

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.

§ 565-20 Applicability and jurisdiction.

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 City Council that this article regulates post-construction stormwater discharges to waters of the state. This article may be applied on a site-by-site basis. The City Council recognizes, however, that the preferred method of achieving the stormwater performance standards set forth in this article is through the preparation and implementation of comprehensive, systems-level stormwater management plans that cover hydrologic units, such as watersheds, on a municipal and regional scale. Such plans may prescribe regional stormwater devices, practices or systems, any of which may be designed to treat runoff from more than one site prior to discharge to waters of the state. Where such plans are in conformance with the performance standards developed under § 281.16, Wis. Stats., for regional stormwater management measures and have been approved by the City Council, it is the intent of this article that the approved stormwater management plan be used to identify post-construction management measures acceptable for the community.

Applicability.

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.

A site that meets any of the criteria in this subsection is exempt from the requirements of this article:

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.

Agricultural facilities and practices.

Underground utility construction, but not including the construction of any above-ground structures associated with utility construction.

ADEQUATE SOD or SELF-SUSTAINING VEGETATIVE COVER

Notwithstanding the applicability requirements in Subsection A(1), this article applies to post-construction sites of any size that, as determined by the Public Works Director, 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.

Jurisdiction. This article applies to post construction sites within the boundaries and jurisdiction of the City of Lake Mills, as well as all lands located within the extraterritorial plat approval jurisdiction of the City of Lake Mills even if plat approval is not involved.

Exclusions. This article is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats.

§ 565-21 Definitions.

Means maintenance of sufficient vegetation types and densities such that the physical integrity of the streambank or lakeshore is preserved. Self-sustaining vegetative cover includes grasses, forbs, sedges and duff layers of fallen leaves and woody debris.

ADMINISTERING AUTHORITY

Means a governmental employee, or a regional planning commission empowered under § 62.234, Wis. Stats., that is designated by the City Council to administer this article.

AGRICULTURAL FACILITIES AND PRACTICES

Have the meanings given in § 281.16(1), Wis. Stats.

ATLAS 14

Means the National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Precipitation-Frequency Atlas of the United States, Volume 8 (Midwestern States), published in 2013.

AVERAGE ANNUAL RAINFALL

Means 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.

BEST MANAGEMENT PRACTICE or BMP

Means 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.

BUSINESS DAY

Means a day the office of the Public Works Director is routinely and customarily open for business.

CEASE AND DESIST ORDER

Means 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 Public Works Director.

COMBINED SEWER SYSTEM

Means a system for conveying both sanitary sewage and stormwater runoff.

CONNECTED IMPERVIOUSNESS

Means an impervious surface connected to the waters of the state via a separate storm sewer, an impervious flow path, or a minimally pervious flow path.

DESIGN STORM

Means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall.

DEVELOPMENT

Means residential, commercial, industrial or institutional land uses and associated roads.

DIRECT CONDUITS TO GROUNDWATER

Means 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.

DIVISION OF LAND

EFFECTIVE INFILTRATION AREA

Means the area of the infiltration system that is used to infiltrate runoff and does not include the area used for site access, berms or pretreatment.

EROSION

Means the process by which the land's surface is worn away by the action of wind, water, ice or gravity.

EXCEPTIONAL RESOURCE WATERS

Means waters listed in § NR 102.11, Wis. Adm. Code.

EXTRATERRITORIAL

Means 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.

FILTERING LAYER

Means soil that has at least a three-foot deep layer with at least 20% fines; or at least a five-foot deep layer with at least 10% fines; or an engineered soil with an equivalent level of protection as determined by the regulatory authority for the site.

FINAL STABILIZATION

FINANCIAL GUARANTEE

Means a performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantee submitted to the Public Works Director by the responsible party to assure that requirements of this chapter are carried out in compliance with the stormwater management plan.

GOVERNING BODY

Means town board of supervisors, county board of supervisors, city council, village board of trustees or village council.

IMPERVIOUS SURFACE

Means an area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. Rooftops, sidewalks, driveways, gravel or paved parking lots and streets are examples of areas that typically are impervious.

IN-FILL

Means an undeveloped area of land located within an existing urban sewer service area, surrounded by development or development and natural or man-made features where development cannot occur.

INFILTRATION

Means the entry of precipitation or runoff into or through the soil.

INFILTRATION SYSTEM

Means a device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or road side channels designed for conveyance and pollutant removal only.

LAND-DISTURBING CONSTRUCTION ACTIVITY

LANDOWNER

MAINTENANCE AGREEMENT

Means a legal document that provides for long-term maintenance of stormwater management practices.

MAXIMUM EXTENT PRACTICABLE

Means 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 § 565-22 of this article.

NEW DEVELOPMENT

Means development resulting from the conversion of previously undeveloped land or agricultural land uses.

NRCS MSE3 OR MSE4 DISTRIBUTION

Means a specific precipitation distribution developed by the United States Department of Agriculture, Natural Resources Conservation Service, using precipitation data from Atlas 14.

OFF-SITE

Means located outside the property boundary described in the permit application.

ON-SITE

Means located within the property boundary described in the permit application.

ORDINARY HIGH-WATER MARK

Has the meaning given in § NR 115.03(6), Wis. Adm. Code.

OUTSTANDING RESOURCE WATERS

Means waters listed in § NR 102.10, Wis. Adm. Code.

PERCENT FINES

Means the percentage of a given sample of soil which passes through a #200 sieve.

PERFORMANCE STANDARD

Means a narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.

PERMIT

Means a written authorization made by the Public Works Director to the applicant to conduct land-disturbing construction activity or to discharge post-construction runoff to waters of the state.

PERMIT ADMINISTRATION FEE

Means a sum of money paid to the Public Works Director by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.

PERVIOUS SURFACE

Means an area that releases as runoff a small portion of the precipitation that falls on it. Lawns, gardens, parks, forests or other similar vegetated areas are examples of surfaces that typically are pervious.

POLLUTANT

Has the meaning given in § 283.01(13), Wis. Stats.

POLLUTION

Has the meaning given in § 281.01(10), Wis. Stats.

POST-CONSTRUCTION SITE

Means a construction site following the completion of land-disturbing construction activity and final site stabilization.

PRE-DEVELOPMENT CONDITION

Means 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.

PREVENTIVE ACTION LIMIT

Has the meaning given in § NR 140.05(17), Wis. Adm. Code.

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.

REDEVELOPMENT

Means areas where development is replacing older development.

RESPONSIBLE PARTY

Means the landowner or any other entity performing services to meet the requirements of this article 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.

SEPARATE STORM SEWER

Means 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:

Is designed or used for collecting water or conveying runoff.

Is not part of a combined sewer system.

Is not part of a publicly owned wastewater treatment works that provides secondary or more stringent treatment.

Discharges directly or indirectly to waters of the state.

SILVICULTURE ACTIVITY

SITE

Means the entire area included in the legal description of the land on which the land-disturbing construction activity occurred.

STOP-WORK ORDER

Means an order issued by the Public Works Director which requires that all construction activity on the site be stopped.

STORMWATER MANAGEMENT PLAN

Means a comprehensive plan designed to reduce the discharge of pollutants from stormwater, after the site has under gone final stabilization, following completion of the construction activity.

STORMWATER MANAGEMENT SYSTEM PLAN

Is a comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.

TECHNICAL STANDARD

Means a document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.

TOP OF THE CHANNEL

Means 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.

TOTAL MAXIMUM DAILY LOAD or TMDL

Means the amount of pollutants, specified as a function of one or more water quality parameters, that can be discharged per day into a water quality limited segment and still ensure attainment of the applicable water quality standard.

TP-40

Means Technical Paper No. 40, Rainfall Frequency Atlas of the United States, published in 1961.

TR-55

Means the United States Department of Agriculture, Natural Resources Conservation Service (previously Soil Conservation Service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986, which is incorporated by reference for this chapter.

TRANSPORTATION FACILITY

TSS

Means total suspended solids.

TYPE II DISTRIBUTION

Means a rainfall type curve as established in the "United States Department of Agriculture, Soil Conservation Service, Technical Paper 149," published in 1973.

WATERS OF THE STATE

§ 565-22 Applicability of maximum extent practicable.

§ 565-23 Technical standards.

The following methods shall be used in designing the water quality, peak discharge, and infiltration components of stormwater practices needed to meet the water quality standards of this article:

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.

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 Public Works Director.

§ 565-24 Performance standards.

Responsible party. The responsible party shall comply with this section.

Stormwater management plan. A written stormwater management plan in accordance with § 565-26 shall be developed and implemented for each post-construction site.

Maintenance of effort. 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 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.

Requirements. The stormwater management plan required under Subsection B shall include the following:

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:

BMPs shall be designed in accordance with Table 1 or to the maximum extent practicable as provided in Subsection D(1)(b). The design shall be based on an average annual rainfall, as compared to no runoff management controls.

Table 1. TSS Reduction Standards
Development Type	TSS Reduction
New development	80%
In-fill development	80%
Redevelopment	45% of load from parking areas and roads

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.

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.

Rock Lake Watershed enhanced water quality standard. For any new development or redevelopment located within the watershed that drains to Rock Lake, the TSS reduction requirements of Table 1 shall be replaced with the following minimum performance standard:

All development, in-fill development, and redevelopment shall achieve an 80% reduction of total suspended solids as compared to no controls for the site.

Total phosphorus. The stormwater plan shall include modeling of proposed stormwater BMPs for total phosphorus (TP) and reporting of TP reduction performance. Electronic stormwater quality model files shall be submitted with the stormwater plan.

Peak discharge.

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 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 precipitation distribution. On a case-by-case basis, the Public Works Director may allow the use of TP-40 precipitation depths and the Type II distribution.

Table 2. Maximum Pre-Development Runoff Curve Numbers
Runoff Curve Number	Hydrologic Soil Group
	A	B	C	D
Woodland	30	55	70	77
Grassland	39	61	71	78
Cropland	55	69	78	83

This subsection of the chapter does not apply to any of the following:

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.

Except as provided under § 565-24C, a redevelopment post-construction site.

An in-fill development area less than five acres.

Infiltration.

Best management practices. BMPs shall be designed, installed, and maintained to infiltrate runoff in accordance with the following or to the maximum extent practicable:

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.

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.

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.

Pre-development. The pre-development condition shall be the same as specified in Table 2 of the Peak Discharge section of this article.[1]

Editor's Note: See § 566-7D(4)(a)

Source areas.

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 § 565-24D(3)(f):

Areas associated with a Tier 1 industrial facility identified in § NR 216.21 (2)(a), Wis. Adm. Code, including storage, loading and parking. Rooftops may be infiltrated with the concurrence of the regulatory authority.

Storage and loading areas of a Tier 2 industrial facility identified in § NR 216.21(2)(b), Wis. Adm. Code.

Fueling and vehicle maintenance areas. Runoff from rooftops of fueling and vehicle maintenance areas may be infiltrated with the concurrence of the regulatory authority.

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:

Parking areas and access roads less than 5,000 square feet for commercial development.

Parking areas and access roads less than 5,000 square feet for industrial development not subject to the prohibitions under Subsection D(5)(a).

Except as provided under § 565-24C, redevelopment post-construction sites.

[d]

In-fill development areas less than five acres.

[e]

Roads on commercial, industrial and institutional land uses, and arterial residential roads.

Location of practices.

Prohibitions. Infiltration practices may not be located in the following areas:

Areas within 1,000 feet upgradient or within 100 feet downgradient of direct conduits to groundwater.

Areas within 400 feet of a community water system well as specified in § NR 811.16(4), Wis. Adm. Code, or within the separation distances listed in § NR 812.08, Wis. Adm. Code, 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.

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.

Separation distances.

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

Notwithstanding Subsection D(5)(d)[2], applicable requirements for injection wells classified under Ch. NR 815, Wis. Adm. Code, shall be followed.

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:

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.

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.

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.

Groundwater standards.

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, 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.

Notwithstanding Subsection D(5)(f)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.

Pretreatment. Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection D(5)(f). Pretreatment options may include, but are not limited to, oil and grease separation, sedimentation, biofiltration, filtration, swales or filter strips.

Maximum extent practicable. Where the conditions of Subsection D(5)(c) and (d) limit or restrict the use of infiltration practices, the performance standard of § 565-24D(3) shall be met to the maximum extent practicable.

Protective areas.

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.

For outstanding resource waters and exceptional resource waters, 75 feet.

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.

For lakes, 50 feet.

[4]

For wetlands not subject to Subsection D(6)(a)[5] or [6], 50 feet.

[5]

For highly susceptible wetlands, 75 feet. Highly susceptible wetlands include the following types: calcareous fens, sedge meadows, open and coniferous bogs, low prairies, coniferous swamps, lowland hardwood swamps, and ephemeral ponds.

[6]

For less susceptible wetlands, 10% of the average wetland width, but no less than 10 feet nor more than 30 feet. Less susceptible wetlands include: degraded wetland dominated by invasive species such as reed canary grass; cultivated hydric soils; and any gravel pits, or dredged material or fill material disposal sites that take on the attributes of a wetland.

[7]

In Subsection D(6)(a)[4] to [6], determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in § NR 103.03, Wis. Adm. Code.

[8]

Wetland boundary delineation 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 compliance with all applicable state and federal regulations. The protective area for wetlands that have been partially filled in compliance with all applicable state and federal regulations shall be measured from the wetland boundary delineation after a fill has been placed. Where there is a legally authorized wetland fill, the protective area standard need not be met in that location.

[9]

For concentrated flow channels with drainage areas greater than 130 acres, 10 feet.

[10]

Notwithstanding Subsection D(6)(a)[1] to [9], the greatest protective area width shall apply where rivers, streams, lakes and wetlands are contiguous.

Applicability. This section applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection D(6)(d).

Requirements. The following requirements shall be met:

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.

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.

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.

Exemptions. This section does not apply to any of the following:

Except as provided under § 565-24C., redevelopment post-construction sites.

In-fill development areas less than five acres.

Structures that cross or access surface water 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 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.

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.

Swale treatment for transportation facilities.

Requirement. Except as provided in Subsection D(8)(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:

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.

Swales shall comply with Section V, Subd F (Velocity and Depth), and Section V, Subd G (Swale Geometry Criteria), with a swale treatment length as long as that specified in Section V, Subd. 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.

Other requirements.

Notwithstanding Subd. D(8)(a), the Public Works Director 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:

An outstanding resource water.

An exceptional resource water.

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 § NR 151.004, Wis. Adm. Code.

The transportation facility authority shall contact the Public Works Director to determine if additional BMPs beyond a water quality swale are needed under this subsection.

General considerations for stormwater management measures. The following considerations shall be observed in on-site and off-site runoff management:

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.

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.

BMP location.

To comply with the performance standards required under § 565-24 of this article, BMPs may be located on-site or off-site as part of a regional stormwater device, practice or system, but shall be installed in accordance with § NR 151.003, Wis. Adm. Code.

The Public Works Director may approve off-site management measures provided that all of the following conditions are met:

The Public Works Director determines that the post-construction runoff is covered by a stormwater management system plan that is approved by the Public Works Director and that contains management requirements consistent with the purpose and intent of this article.

The off-site facility meets all of the following conditions:

The facility is in place.

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.

The facility has a legally obligated entity responsible for its long-term operation and maintenance.

§ 565-25 Permitting requirements, procedures and fees.

Where a regional treatment option exists such that the Public Works Director 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 Public Works Director. In determining the fee for post-construction runoff, the Public Works Director shall consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of the regional treatment option.

Additional requirements. The Public Works Director may establish stormwater management requirements more stringent than those set forth in this article if the Public Works Director 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.

Permit required. No responsible party may undertake a land-disturbing construction activity without receiving a post-construction runoff permit from the Public Works Director prior to commencing the proposed activity.

Permit application and fees. Unless specifically excluded by this article, any responsible party desiring a permit shall submit to the Public Works Director a permit application on a form provided by the Public Works Director for that purpose.

Unless otherwise excluded by this article, a permit application must be accompanied by a stormwater management plan, a maintenance agreement and a non-refundable permit administration fee.

The stormwater management plan shall be prepared to meet the requirements of §§ 565-24 and 565-25, the maintenance agreement shall be prepared to meet the requirements of § 565-27, the financial guarantee shall meet the requirements of § 565-28, and fees shall be those established by the City Council as set forth in § 565-29.

Permit application review and approval. The Public Works Director 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:

Within 30 business days of the receipt of a complete permit application, including all items as required by Subsection B, the Public Works Director shall attempt to inform the applicant whether the application, stormwater management plan and maintenance agreement are approved or disapproved based on the requirements of this article.

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 Public Works Director shall issue the permit.

If the stormwater permit application, stormwater management plan or maintenance agreement is disapproved, the Public Works Director shall detail in writing the reasons for disapproval.

The Public Works Director may request additional information from the applicant. If additional information is submitted, the Public Works Director shall have approximately 15 business days from the date the additional information is received to attempt to inform the applicant that the stormwater management plan and maintenance agreement are either approved or disapproved.

Permit requirements. All permits issued under this article shall be subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions. The Public Works Director may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Public Works Director to suspend or revoke this permit may be appealed in accordance with § 565-31.

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.

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.

The responsible party shall notify the Public Works Director at least 10 business days before commencing any work in conjunction with the stormwater management plan, and within 10 business days upon completion of the stormwater management practices. If required as a special condition under Subsection E, the responsible party shall make additional notification according to a schedule set forth by the Public Works Director so that practice installations can be inspected during construction.

Practice installations required as part of this article shall be certified "as built" or "record" drawings by a licensed professional engineer. Completed stormwater management practices must pass a final inspection by the Public Works Director or its designee to determine if they are in accordance with the approved stormwater management plan and ordinance. The Public Works Director 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.

The responsible party shall notify the Public Works Director of any significant modifications it intends to make to an approved stormwater management plan. The Public Works Director 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.

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 City Council, or are transferred to subsequent private owners as specified in the approved maintenance agreement.

The responsible party authorizes the Public Works Director to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan, and consents to a special assessment or charge against the property as authorized under Subchapter VII of Ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 565-28.

If so directed by the Public Works Director, 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 Public Works Director 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 Public Works Director may require the responsible party to make appropriate legal arrangements with affected property owners concerning the prevention of endangerment to property or public safety.

(11)

The party responsible is subject to the enforcement actions and penalties detailed in § 565-30, if the party responsible fails to comply with the terms of this permit.

Permit conditions. Permits issued under this section may include conditions established by Public Works Director in addition to the requirements needed to meet the performance standards in § 565-24 or a financial guarantee as provided for in § 565-28.

Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the Public Works Director notifies the responsible party that all stormwater management practices have passed the final inspection required under Subsection D(4).

§ 565-26 Stormwater management plan.

Stormwater management plan requirements. The stormwater management plan required under § 565-24B shall contain at a minimum the following information:

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.

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.

Pre-development site conditions, including:

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.

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).

Post-development site conditions, including:

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.

Explanation of any restrictions on stormwater management measures in the development area imposed by wellhead protection plans and ordinances.

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.

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).

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.

A description and installation schedule for the stormwater management practices needed to meet the performance standards in § 565-24.

A maintenance plan developed for the life of each stormwater management practice including the required maintenance activities and maintenance activity schedule.

Cost estimates for the construction, operation, and maintenance of each stormwater management practice.

Other information requested in writing by the Public Works Director to determine compliance of the proposed stormwater management measures with the provisions of this article.

(9)

All site investigations, plans, designs, computations, and drawings shall be certified by a licensed professional engineer to be prepared in accordance with accepted engineering practice and requirements of this article.

Alternate requirements. The Public Works Director may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 565-24E.

§ 565-27 Maintenance agreement.

Maintenance agreement required. The maintenance agreement required under § 565-25B for stormwater management practices shall be an agreement between the Public Works Director 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.

Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 565-26A(6):

Identification of the stormwater facilities and designation of the drainage area served by the facilities.

A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under § 565-25B.

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 § 565-25B.

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 Subsection B(2).

Authorization for the Public Works Director 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.

A requirement on the Public Works Director 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.

Agreement that the party designated under Subsection B(3), as responsible for long-term maintenance of the stormwater management practices, shall be notified by the Public Works Director of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Public Works Director.

Authorization of the Public Works Director to perform the corrected actions identified in the inspection report if the responsible party designated under Subsection B(3) does not make the required corrections in the specified time period. The Public Works Director shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subchapter VII of Ch. 66, Wis. Stats.

§ 565-28 Financial guarantee.

Establishment of the guarantee. The Public Works Director may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the Public Works Director. The financial guarantee shall be in an amount determined by the Public Works Director 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 Public Works Director 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 Public Works Director that the requirements of this article have not been met.

Conditions for release. Conditions for the release of the financial guarantee are as follows:

The Public Works Director shall release the portion of the financial guarantee established under this section, less any costs incurred by the Public Works Director to complete installation of practices, upon submission of "as built plans" or "record" drawings by a licensed professional engineer. The Public Works Director may make provisions for a partial pro-rata release of the financial guarantee based on the completion of various development stages.

The Public Works Director shall release the portion of the financial guarantee established under this section to assure maintenance of stormwater practices, less any costs incurred by the Public Works Director, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement.

§ 565-29 Fee schedule.

§ 565-30 Enforcement.

Any land-disturbing construction activity or post-construction runoff initiated after the effective date of this article by any person, firm, association, or corporation subject to this chapter's provisions shall be deemed a violation unless conducted in accordance with the requirements of this article.

The Public Works Director 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.

Upon receipt of written notification from the Public Works Director under Subsection B, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Public Works Director in the notice.

If the violations to a permit issued pursuant to this article are likely to result in damage to properties, public facilities, or waters of the state, the Public Works Director may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the Public Works Director plus interest and legal costs shall be billed to the responsible party.

The Public Works Director is authorized to post a stop-work order on all land-disturbing construction activity that is in violation of this article, or to request the City Attorney to obtain a cease and desist order in any court with jurisdiction.

The Public Works Director may revoke a permit issued under this article for non-compliance with ordinance provisions.

Any permit revocation, stop-work order, or cease and desist order shall remain in effect unless retracted by the Public Works Director or by a court with jurisdiction.

The Public Works Director is authorized to refer any violation of this article, or a stop-work order or cease and desist order issued pursuant to this article, to the City Attorney for the commencement of further legal proceedings in any court with jurisdiction.

Any person violating any of the provisions of this article shall be subject to a penalty as follows: