Chapter 14 Stormwater Management and Erosion Control

Findings. The Village Board of the Village of Belleville finds that construction site erosion and uncontrolled stormwater runoff from land disturbing and land development activities have significant adverse impacts upon regional water resources and the health, safety, property and general welfare of the community and diminish the public enjoyment and use of natural resources. Specifically, soil erosion and stormwater runoff can:

Carry sediment, nutrients, pathogens, organic matter, heavy metals, toxins and other pollutants to regional lakes, streams and wetlands.

Diminish the capacity of water resources to support recreational and water supply uses and a natural diversity of plant and animal life.

Clog existing drainage systems, increasing maintenance problems and costs.

Cause bank and channel erosion.

Increase downstream flooding.

Reduce groundwater recharge, which may diminish stream base flows and lower water levels in regional lakes, ponds and wetlands.

Contaminate drinking water supplies.

Increase risk of property damage and personal injury.

Cause damage to agricultural fields and crops.

Declaration of policy. The Village Board of the Village of Belleville also finds that effective sediment and stormwater management depends on proper planning, design, and timely installation of conservation and management practices and their continuing maintenance.

§ 14.03 Purpose and intent.

Purpose. The purpose of this chapter is to set forth the minimum requirements for construction site erosion control and stormwater management that will diminish threats to public health, safety, public and private property and natural resources of Belleville.

Intent. This chapter is intended to regulate construction site erosion and stormwater runoff, to accomplish the following objectives:

Promote regional stormwater management by watershed.

Minimize sedimentation, water pollution from nutrients, heavy metals, chemical and petroleum products and other contaminants, flooding and thermal impacts to the water resources of Belleville.

Promote infiltration and groundwater recharge.

Protect functional values of natural watercourses and wetlands.

Provide a set of performance standards that are consistent with the standards set forth by Dane and Green Counties.

Achieve an eighty percent (80%) reduction in sediment load rates to Dane and Green County waters compared to no controls for all new development, a forty percent (40%) reduction in sediment load rates compared to no controls for all redevelopment and street reconstruction, and a twenty-percent reduction in sediment load rates compared to no controls for existing developments.

Ensure no increase in temperature of stormwater post construction to protect cold water communities.

Ensure no increase in the rate of surface water drainage from sites during or after construction.

§ 14.04 Abrogations and greater restrictions.

Protect public and private property from damage resulting from runoff or erosion.

It is not intended by this chapter to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, ordinances, or permits previously adopted or issued pursuant to law. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

§ 14.05 Scope of geographic coverage.

Within the Village. Unless specifically excluded herein, this chapter applies to all land disturbing activities occurring within the corporate limits of the Village.

§ 14.06 Applicability of erosion control regulations.

Within the extraterritorial area. This chapter shall apply outside the Village limits within the extraterritorial plat review area provided by Chapter 236, Wis. Stats., and Chapter 15 of this Code, but only to those land disturbing activities relating to, arising from, or connected with a subdivision as defined in Section 236.02(12), Wis. Stats.

Unless expressly exempted by Section 14.08, an erosion control permit under Section 14.10 shall be required and all construction site erosion control provisions of this chapter shall apply to any of the following activities in Belleville:

Land disturbing activity in excess of four thousand (4,000) square feet.

Land disturbing activity on a slope of greater than twelve percent (12%).

Land disturbing activity that involves the excavation or filling, or a combination of excavation and filling, in excess of four hundred (400) cubic yards of material.

Land disturbing activity that disturbs more than one hundred (100) linear feet of road ditch, grass waterway or other land area where surface drainage flows in a defined open channel, including the placement, repair or removal of any underground pipe, utility or other facility within the cross section of the channel.

Any new public or private roads or access drives longer than one hundred twenty-five (125) feet.

Development that requires a subdivision plat, as defined in the applicable local land division ordinance(s).

§ 14.07 Applicability of stormwater management regulations.

Land disturbing activity that disturbs less than four thousand (4,000) square feet of land, including the installation of access drives, that the local approval authority determines to have a high risk of soil erosion or water pollution, or that may significantly impact a lake, stream, or wetland area. Examples of activities with a high risk of soil erosion or water pollution may include, but are not limited to, land disturbance on erodible soil or disturbance adjacent to lakes, rivers, streams or wetlands. All such determinations made by the Village agent shall be in writing, unless waived by the applicant.

Unless otherwise exempted by Section 14.08, a stormwater management permit under Section 14.10 shall be required and all stormwater management provisions of this chapter shall apply to any of the following activities within Belleville:

Any development(s) after August 22, 2001, that result(s) in the cumulative addition of twenty thousand (20,000) square feet of impervious surface to the site.

Agricultural development that creates new impervious surface area exceeding twenty thousand (20,000) square feet on the site.

Any development that requires a subdivision plat, as defined in applicable local land division ordinance(s).

Any development that requires a certified survey map, as defined in the applicable local land division ordinance(s), for property intended for commercial or industrial use.

Redevelopment, as defined in Chapter 25.

Other land development activities, including but not limited to redevelopment or alteration of existing buildings and other structures, that the Village agent determines may significantly increase downstream runoff volumes, flooding, soil erosion, water pollution or property damage or significantly impact a lake, stream, or wetland area. All such determinations shall be made in writing unless waived by the applicant.

§ 14.08 Exemptions and clarifications.

The following activities are exempt from all requirements of this chapter:

Any activity directly related to the planting, growing and harvesting of agricultural crops.

The following activities are exempt from the construction site erosion control provisions of Section 14.06:

One (1) and two (2)-family dwelling units regulated under the Wisconsin Uniform Dwelling Code. Land disturbing activities in excess of one (1) acre, or not associated with the construction of a dwelling, are not exempt from this chapter.

Projects specifically exempted from local erosion control ordinances under state or federal statute. It is the responsibility of the landowner to demonstrate such exemption with documentation acceptable to the local approval authority.

Projects subject to an approved shoreland erosion control permit.

Agricultural development not subject to Section 14.07(1)(b).

Municipal road or county highway projects not exempted under Section 14.08(2)(b) are exempted from Section 14.08(2)(b) if:

The purpose of the project is only to meet current state or federal design or safety guidelines.

All activity takes place within existing public right-of-way.

All other requirements of Section 14.12 are met.

The project does not include the addition of new driving lanes.

Soil conservation, stream and adjacent wetland protection and restoration practices such as terraces, runoff diversions, grassed waterways, cattle and equipment crossings, cattle watering access, water control structures, dikes, ditch plugs, tile breaks and sediment removal catchments, when implemented according to plans and designs approved by the Natural Resources Conservation Service or U.S. Fish and Wildlife Service of the U.S. Department of the Interior, Wisconsin Department of Natural Resources or the Dane County Land and Water Resources Department, provided that any such project involving land disturbing activity equal to or greater than one (1) acre shall also comply with the performance standards in Section 14.11(3).

The following activities are exempt from the infiltration standards described in Section 14.12(2)(f):

Redevelopment sites.

New development sites with less than ten percent (10%) connected imperviousness based on complete development of the post-construction site, provided that the cumulative area of all impervious surface is less than one (1) acre.

Agricultural facilities and practices.

Areas where the infiltration rate of the soil is less than six tenths (0.6) inch per hour measured at the bottom of the proposed infiltration system where the soil layer is not easily removed or manipulated.

Parking areas and access roads less than five thousand (5,000) square feet for commercial and industrial development.

Roads in commercial, industrial and institutional land uses and arterial roads.

§ 14.09 Preliminary review letter.

Purpose and intent. A preliminary review letter provides a potential permit applicant with an initial simple evaluation of whether erosion and stormwater control standards can be met for a proposed site, lot layout, and/or construction design. This review is intended to assist applicants in preparing general site plans and other submittals necessary to obtain an erosion control and stormwater management permit. A preliminary review letter does not guarantee that an erosion or stormwater control plan will be approved or that a permit will be issued. Erosion and stormwater control plans and permit applications must meet all applicable standards and criteria for approval.

Applicability. A preliminary review letter shall be required for all activities requiring an erosion control or stormwater management permit under Sections 14.06 and 14.07.

Application requirements.

A preliminary review letter must be submitted and approved by the Village agent before an erosion control or stormwater management permit application may be submitted.

The following materials must be included in the preliminary review letter:

A narrative describing the proposed project.

A map showing the following information:

Location of the proposed project.

Limits of disturbed area.

Limits of impervious area.

Drainage area for each watershed area.

Location and description of proposed stormwater facilities.

Preliminary runoff calculations which clearly demonstrate the adequacy of the proposed facilities and land that will be dedicated to stormwater management for meeting the standards of this chapter.

(4)

Approval process.

The Village Building Inspector or Engineer shall review the letter and determine whether erosion and stormwater control standards can be met for a proposed site, lot layout, and/or construction design.

Within fifteen (15) days of receiving the preliminary review letter, the Village Building Inspector or Engineer shall either approve the preliminary plan or notify the applicant of any deficiencies.

The Village Building Inspector or Engineer shall notify the applicant in writing of any deficiency in the preliminary plan and the applicant shall be given an opportunity to correct any deficiency.

§ 14.10 Erosion control and stormwater management permits and administration.

Approval of a preliminary review letter does not guarantee that an erosion or stormwater control plan will be approved or that a permit will be issued. Erosion and stormwater control plans and permit applications must meet all applicable standards and criteria for approval.

Permit as a condition precedent. No activity meeting the criteria described in Section 14.06 or 14.07 shall occur and no zoning permit may be issued until an erosion control or stormwater management permit is issued by the Village.

Applicant. Only the landowner is eligible to apply for an erosion control or stormwater management permit.

The landowner may delegate responsibility for meeting the conditions of the permit to the contractor or builder; however, the ultimate responsibility for achieving permit compliance remains with the landowner throughout the duration of the land disturbing activity.

The landowner cannot abdicate or transfer responsibility for meeting the conditions of the permit by selling lots. The responsibility for permit compliance remains with the landowner until final site stabilization is achieved.

Application. The applicant must provide the following when requesting a permit:

Completed application form signed by the landowner.

Fees as required by Section 14.16.

Copy of preliminary review letter, as described in Section 14.09.

If required by Section 14.06, an erosion control plan meeting all the standards of Section 14.11, or a simplified plan checklist as described in Section 14.11(2).

If required by Section 14.07, a stormwater management plan meeting all of the standards of Section 14.12 and a draft maintenance agreement as described in Section 14.12(1)(i).

Copies of permits or permit applications or approvals required by any other governmental entity.

A proposed timetable and schedule for completion and installation of all elements of approved erosion control and stormwater management plans and a detailed schedule for completion of construction.

An estimate of the cost of completion and installation of all elements of the approved erosion control and stormwater management plans.

Evidence of financial responsibility to complete the work proposed in the plan. For major land disturbing activities, the applicant shall provide, prior to issuance of the permit, an irrevocable letter of credit, certificate of deposit or certified check to the Village in an amount equal to one hundred twenty-five percent (125%) of the estimated cost of all required control measures as determined by the Village agent. The security deposited shall guarantee that all required control measures will be taken or installed according to the approved plan. The security shall remain in full force until released by the Village Board, and only after an inspection by the Village Building Inspector or Engineer assures that all required control measures have been fully and satisfactorily completed. The Village shall have the right to draw upon the security for purposes of obtaining compliance with the approved control plan as it deems necessary. If the erosion and runoff control requirements of this chapter are included as part of plat or certified survey map conditions of approval, then security for performance of the control requirements may be included as part of the overall security required for installation of improvements under Chapter 15 of this Code.

(4)

Application review process.

The Village Building Inspector or Engineer shall verify that the permit application is complete under Section 14.10(3) and shall review the plan(s) for compliance with the standards identified in Sections 14.11 and 14.12.

The Village Building Inspector or Engineer shall either approve the submitted plan or notify the applicant of any deficiencies within thirty (30) days. Staff engaged in this review and approval process shall be certified where appropriate by the Wisconsin Department of Safety and Professional Services for this purpose.

The Village Building Inspector or Engineer shall notify the applicant in writing of any deficiency in the proposed plan and the applicant shall be given an opportunity to correct any deficiency.

Where installed stormwater practices will be privately owned, an affidavit which describes the property by legal description, notifying future prospective purchasers of the existence of a stormwater management permit issued under this chapter and applicable plan, time tables and potential liability imposed by Section 14.10(8)(c) for failure to bring the property into compliance with this chapter after notification, shall be recorded with the Dane or Green County Register of Deeds prior to issuance of an erosion control or stormwater management permit. The foregoing information shall also be noted on every plat and certified survey map.

Upon approval of the Village Building Inspector or Engineer, the erosion control or stormwater management permit shall be issued after the applicant has met all other requirements of this chapter.

(5)

Permit conditions.

The plan shall be implemented prior to the start of any land disturbing activity and shall be maintained over the duration of the project. Stormwater components of the plan shall be maintained in perpetuity.

The permittee is responsible for successful completion of the erosion control plan and the stormwater management plan. The permittee shall be liable for all costs incurred, including environmental restoration costs, resulting from noncompliance with an approved plan.

Application for a permit shall constitute express permission by the permittee and landowner for the Village agent to enter the property for purposes of inspection under Section 14.10(6) or curative action under Section 14.10(8)(c). The application form shall contain a prominent provision advising the applicant and landowner of this requirement.

All incidental mud tracking off site onto adjacent public thoroughfares shall be cleaned up and removed by the end of each working day using proper disposal methods.

A copy of the approved permit and erosion control plan shall be kept on the project site, in a place readily accessible to contractors, engineers, local approval authority inspection staff and other authorized personnel.

(6)

Inspections.

Application for a permit under this chapter shall constitute permission by the applicant and landowner for the Village Building Inspector or Engineer to enter upon the property and inspect during the construction phase prior to the inspections pursuant to Section 14.10(6)(d) and (f), as necessary to confirm compliance with the requirements of this chapter.

As part of the plan approval process, the Village Building Inspector or Engineer shall determine the minimum number of inspections required to ensure compliance. The site of any regulated land disturbing activity shall be inspected once every thirty (30) days, or more frequently as determined by the Village Building Inspector or Engineer.

Within ten (10) days after installation of all practices in an approved erosion control plan and achievement of soil stabilization, the permittee shall notify the Village Building Inspector or Engineer.

The Village Building Inspector or Engineer shall inspect the property to verify compliance with the erosion control plan within ten (10) days of notification of soil stabilization.

Within ten (10) days after installation of all practices in an approved stormwater management plan, the permittee shall notify the Building Inspector and submit drawings documenting construction. The person who designed the stormwater management plan for the permittee shall submit as-built certification to ensure that constructed stormwater management practices and conveyance systems comply with the specifications included in the approved plans. At minimum, as-built certification shall include a set of drawings comparing the approved stormwater management plan with what was constructed. Other information shall be submitted as required by the Village agent.

The Building Inspector or other Village agent shall inspect the property to verify compliance within ten (10) days of notification.

Maintenance is the responsibility of the owner, and facilities are subject to inspection and orders for repairs.

(7)

Permit transfers.

When a permittee and landowner act to transfer an interest in property subject to an approved plan prior to completion of the proposed steps to attain soil stabilization, the permittee must secure approval from the Village.

When a permittee and landowner transfer ownership, possession or control of real estate subject to either or both an uncompleted erosion control or stormwater management plan, the successor in interest to any portion of the real estate shall be responsible to control soil erosion and runoff and shall comply with the minimum standards provided in this chapter.

When ownership, possession or control of property subject to an uncompleted erosion control or stormwater management plan, or both, is transferred, the former owner (seller) shall notify the new owner (buyer) as to the status of compliance, with notice to the authority, and provide a copy of the erosion control plan or stormwater management plan, or both.

Transfers of interest in real estate subject to an approved, uncompleted plan may be conducted consistent with this chapter under any of the following arrangements:

The transferee shall file a new, approved erosion control or stormwater management plan, or both, with the authority.

The transferee shall obtain an approved assignment from the authority as sub-permittee to complete that portion of the approved plan regulating soil erosion and runoff on the transferee's property.

The permittee shall provide the authority with a duly completed and executed continuing surety bond or certified check in an amount sufficient to complete the work proposed in the approved plan; at the time of transfer the permittee may seek to reduce the surety bond or certified check to the appropriate amount to complete remaining work. If the transferor enters into escrow agreements with transferees to complete an approved plan, these funds shall be available to the authority to attain plan compliance. When an approved erosion control plan and, if required, a stormwater management plan are not completed as proposed, the authority may use the surety bond to complete remaining work to achieve plan compliance.

(8)

Plan or permit amendments. Any proposed modifications to approved plans or construction schedules or alterations to accepted sequencing of land disturbing site activities shall be approved by the Village Building Inspector or Engineer prior to implementation of said changes.

(9)

Enforcement.

Stop-work order.

Whenever the Village finds any noncompliance with the provisions of this chapter, the Village agent shall attempt to communicate with the owner or person performing the work to obtain immediate and voluntary compliance if such person is readily available. If the owner or person performing the work is not readily available, that person refuses to voluntarily comply immediately or the noncompliance presents an imminent danger or will cause or threatens to cause bodily injury or damage to off-site property, including but not limited to off-site runoff, the Village Building Inspector or Engineer shall post in a conspicuous place on the premises a stop-work order which shall cause all activity not necessary to correct the noncompliance to cease until noncompliance is corrected.

The stop-work order shall provide the following information: date of issuance, an adequate identification of the property subject to the stop-work order, reason for posting and the signature of the inspector posting the card.

The unauthorized removal of the stop-work order from the premises shall be a violation of this Chapter.

In addition to posting a stop-work order, the Village shall provide notification to the owner or contractor by personal service, written notice by certified mail, or facsimile transmission.

The permittee, landowner and contractor shall have twenty-four (24) hours from the time and date of notification by the Village to correct any noncompliance with the plan when notification is by either personal communication of noncompliance to the owner or contractor or their respective agents or written notice sent by certified mail to the owner or contractor.

If notice is not provided under Section 14.10(9)(b)1, the permittee and landowner shall have seventy-two (72) hours to correct any noncompliance with the plan when notification is by posting notice in a conspicuous place on the site or sending notice by facsimile transmission to the owner or contractor.

If any noncompliance is not corrected within the time periods specified in Section 14.10(9)(b)1 or 2, the permittee and landowner authorize the Village to take any action, to perform any work, or commence any operations necessary to correct conditions upon the subject property where notice of noncompliance has been issued to bring the property into conformance with plan requirements. The permittee and landowner further consent to reimburse the authority for the total costs and expenses of the aforementioned actions; said reimbursement may be collected as a special charge upon the property for current services rendered as provided by law.

If the permittee has filed an appeal under Section 14.15(1)(a) prior to the expiration of the time for compliance under Section 14.10(9)(b)1, the Village may take action, perform work or correct conditions only to the extent necessary to protect against or correct an imminent hazard or a condition that will cause or threatens to cause personal injury or damage to off-site property.

(10)

Penalties.

Any person or persons, firm, company or corporation, owner, occupant or other user of the premises who or which violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall be subject to a forfeiture of not less than two hundred dollars ($200.00) per day nor more than ten thousand dollars ($10,000.00) total, together with the costs of prosecution and applicable penalty assessments, fees and surcharges. The forfeiture, fees, costs, assessments and surcharges shall be ordered paid within sixty (60) days. Each day that a violation exists shall constitute a separate offense.

Any person who has the ability to pay any forfeiture entered against him or her under this chapter but refuses to do so may be confined in the county jail until such forfeiture is paid, but in no event to exceed thirty (30) days. In determining whether an individual has the ability to pay a forfeiture, all items of income and all assets may be considered regardless of whether or not such income or assets are subject to garnishment, lien or attachment by creditors.

§ 14.11 Erosion control plan and performance standards.

As a substitute for or as an addition to forfeiture actions under Section 14.10(10)(a) or corrective action under Section 14.10(9)(c), the Village is authorized to seek enforcement of any part of this chapter by court action seeking injunctive relief. It shall not be necessary for the Village to take corrective action or prosecute for forfeiture before resorting to injunctive relief.

(11)

Fees. The permit fee shall be payable at the time an application for either an erosion control or a stormwater management permit, or both, is submitted.

Plan materials. Erosion control plans required under Section 14.06 may include consideration of adjoining landowners' cooperative efforts to control transport of sediment and, except as specifically exempted below, shall include at a minimum the following information:

Property lines, lot dimensions, and limits of disturbed area.

Limits of impervious area, including buildings. Include all public and private roads, interior roads, driveways, and parking lots, and indicate type of paving and surfacing material.

All natural and artificial water features, including but not limited to lakes, ponds, streams (including intermittent streams), and ditches, and areas of natural woodland or prairie. The plan must show ordinary high-water marks of all navigable waters, one hundred (100)-year flood elevations and delineated wetland boundaries. A certified flood zone determination and/or wetland delineation may be required at the applicant's expense.

Cross sections of and profiles of channels, swales, and road ditches.

Culvert sizes.

Direction of flow of runoff.

Watershed size for each drainage area.

Site layout, topography and drainage direction of adjacent properties.

Design discharge for ditches and structural measures.

(j)

Runoff velocities.

(k)

Fertilizer and seeding rates and recommendations.

(l)

Time schedules for stabilization of ditches and slopes.

(m)

Description of methods by which sites are to be developed and a detailed land disturbance schedule, including time schedules for stabilization of ditches and slopes.

(n)

Provision for sequential steps mitigating erosive effect of land disturbing activities to be followed in appropriate order and in a manner consistent with accepted erosion control methodology suitable to proposed sites and amenable to prompt revegetation, including runoff calculations as appropriate.

(o)

Provisions to prevent mud tracking off site onto public thoroughfares during the construction period.

(p)

Provisions to disconnect impervious surfaces, where feasible.

(q)

Provisions to prevent sediment delivery to, and accumulation in, any proposed or existing stormwater conveyance systems.

(r)

Copies of permits or permit applications required by any other unit of government or agency.

(s)

Existing and proposed elevations (referenced to the National Geodetic Vertical Datum of 1929) and existing and proposed contours in the area, where deemed necessary.

(t)

Any other information necessary to reasonably determine the location, nature and condition of any physical or environmental features of the site.

Simplified plan checklist. For minor land disturbing activities, as defined in Chapter 25, applicants may submit erosion control proposals using a simplified plan checklist on a standard form established by the Village Building Inspector or Engineer. Simplified plan checklists shall be reviewed by the Village Building Inspector or Engineer for completeness and accuracy.

Erosion control performance standards.

Proposed design, suggested location and phased implementation of effective, practicable erosion control measures for plans shall be designed, engineered and implemented to achieve the following results:

Prevent gully and bank erosion.

Limit total off-site permissible annual aggregate soil loss for exposed areas resulting from sheet and rill erosion to an annual, cumulative soil loss rate not to exceed seven and one-half (7.5) tons per acre annually; and

Discharges from new construction sites must have a stable outlet capable of carrying designed flow as required in Section 14.12(2)(d) at nonerosive velocity. Outlet design must consider flow capacity and flow duration. This requirement applies to both the site outlet and the ultimate outlet to stormwater conveyance or water body.

Water pumped from the site shall be treated by temporary sedimentation basins or other equivalent control measures. Such sedimentation basins shall have a depth of at least three (3) feet, be surrounded by a four (4)-foot-high snow fence or equivalent barrier, and have sufficient surface area to provide a surface settling rate of not more than fifteen hundred (1,500) gallons per square foot per day at the highest dewatering pumping rate. Water may not be discharged in a manner that causes erosion of the site, a neighboring site, or the bed or banks of the receiving water.

All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials, or hazardous materials) shall be disposed of in accordance with the Village of Belleville Code and not allowed to be carried by runoff into a receiving channel or storm sewer system.

Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical, as determined by the Village Building Inspector or Engineer.

Plan compliance under Section 14.11(3)(a) shall be determined using the United States Natural Resources Conservation Service Technical Guide or another commonly accepted soil erosion methodology approved by the Dane County Conservationist that considers season of year, site characteristics, soil erodibility and slope.

Erosion control measures for plan approval need not attempt to regulate soil transportation within the boundaries of the applicant's site.

§ 14.12 Stormwater management plan and performance standards.

Changes to topography within five (5) feet of property line.

Except as authorized in this section, the topography within five (5) feet of any property line at the commencement of any development shall remain unchanged.

When land disturbing activities associated with development occur within five (5) feet of any property line, finished grades in that area shall be restored to the topography in existence before the land disturbing activity began. A positive slope of one half (1/2) inch vertical per one foot horizontal within five (5) feet of the property line is allowed to provide proper drainage away from a one (1) or two (2) family residence.

The established grade of the adjoining property shall determine the finished grade at the property line for any development. The owner of the property under development bears the burden of proof as to the established grade at the property line and the topography within five (5) feet of the property line. The Village Engineer may require detailed site grading plans of existing and proposed conditions to be submitted before commencement of land disturbing activities.

Existing drainageways and drainage easements along property lines shall be maintained, including but not limited to natural watercourses and stormwater management areas shown on subdivision plats and certified survey maps.

Development in floodplain districts requiring fill to comply with floodplain regulations is exempt from this subsection.

Upon written application, the Village Engineer may authorize exceptions resulting in changes to the existing topography at and within five (5) feet of any property line that would promote the purposes stated in this chapter. An exception authorized under this subsection may not direct additional stormwater runoff toward adjacent properties. Proposed exceptions may include, but are not limited to, retaining walls, berms and other structures, and other changes to existing grade at and within five feet of a property line. The Village Engineer may require the submittal of detailed site grading plans of existing and proposed conditions, including but not limited to detailed topographical information of the subject and adjoining properties, before land disturbing activities commence.

Plan materials. Stormwater management plans shall satisfy all the requirements in Section 14.12(2) and shall address at a minimum the following information:

A narrative describing the proposed project, including implementation schedule for planned practices.

Identification of the entity responsible for long-term maintenance of the project.

A map showing drainage areas for each watershed area.

A summary of runoff peak flow rate calculations, by watershed area, including:

Preexisting peak flow rates.

Post-construction peak flow rates with no detention.

Post-construction peak flow rates with detention.

Assumed runoff curve numbers (RCNs).

Time of concentration (Tc) used in calculations.

A complete site plan and specifications, signed by the person who designed the plan. All plans shall be drawn to an easily legible scale, shall be clearly labeled, and shall include, at a minimum, all the following information:

Property lines and lot dimensions.

All buildings and outdoor uses, existing and proposed, including all dimensions and setbacks.

All public and private roads, interior roads, driveways and parking lots. Show traffic patterns and type of paving and surfacing material.

Site layout, topography and drainage of adjacent properties.

All natural and artificial water features, including but not limited to lakes, ponds, streams (including intermittent streams), and ditches. Show ordinary high-water marks of all navigable waters, one hundred (100)-year flood elevations and delineated wetland boundaries, if any. If not available, appropriate flood zone determination or wetland delineation, or both, may be required at the applicant's expense.

Drainage easements.

Depth to bedrock.

Depth to seasonal high-water table.

The extent and location of all soil types as described in the Dane or Green County Soil Survey, slopes exceeding twelve (12%), and areas of natural woodland or prairie.

10.

Existing and proposed elevations (referenced to the North American Vertical Datum of 1988, where available) and existing and proposed contours in the area requiring a grading and filling permit.

11.

Elevations, sections, profiles, and details as needed to describe all natural and artificial features of the project.

12.

Soil erosion control and overland runoff control measures, including runoff calculations as appropriate.

13.

Detailed construction schedule.

14.

Copies of permits or permit applications required by any other governmental entities or agencies.

15.

Any other information necessary to reasonably determine the location, nature and condition of any physical or environmental features.

16.

Location of all stormwater management practices.

17.

All existing and proposed drainage features.

18.

The location and area of all proposed impervious surfaces.

19.

The limits and area of the disturbed area.

Engineered designs for all structural management practices.

A description of methods to control oil and grease or written justification for not providing such control.

If required under 14.12(2)(g), a description and plans to control temperature of runoff.

A maintenance plan and schedule for all permanent stormwater management practices as recorded on the affidavit required in Section 14.10(4)(d).

Stormwater management performance standards. Proposed design, suggested location and phased implementation of effective, practicable stormwater management measures for plans shall be designed, engineered and implemented to achieve the following results:

Sediment control.

For new development, design practices to retain soil particles greater than five (5) microns on the site (eighty percent (80%) reduction) resulting from a one (1) year, twenty-four (24)-hour storm event (two and one-half (2.5) inches over twenty-four (24) hours' duration), according to approved procedures, and assuming no sediment resuspension.

For redevelopment resulting in exposed surface parking lots and associated traffic areas, design practices to retain soil particles greater than twenty (20) microns on the entire site (forty percent (40%) reduction) resulting from a one (1)-year, twenty-four (24)-hour storm event, according to approved procedures, and assuming no sediment resuspension. Under no circumstances shall the site's existing sediment control level or trapping efficiency be reduced as a result of the redevelopment.

Oil and grease control. For all stormwater plans for commercial or industrial developments and all other uses where the potential for pollution by oil or grease, or both, exists, the first one half (0.5) inch of runoff will be treated using the best oil and grease removal technology available. This requirement may be waived by the plan reviewer only when the applicant can demonstrate that installation of such practices is not necessary.

Runoff rate control: hydrologic calculations. All runoff calculations shall be according to the methodology described in the Natural Resources Conservation Service's Technical Release 55, Urban Hydrology for Small Watersheds (commonly known as "TR-55") or other methodology approved by the Dane County Conservationist. For agricultural land subject to this section, the maximum runoff curve number (RCN) used in such calculations shall be fifty-one (51) for Hydrologic Soil Group (HSG) A, sixty-eight (68) for HSG B, seventy-nine (79) for HSG C, and eighty-three (83) for HSG D. The TR-55 specified curve numbers for other land uses on heavily disturbed sites will be lowered one (1) permeability class for hydrologic calculations. Lightly disturbed areas require no modification. Where practices have been implemented to restore soil structure to predeveloped conditions, no permeability class modification is required.

Runoff rate control: design standards. Except for redevelopment projects, all stormwater facilities shall be designed, installed and maintained to effectively accomplish the following:

Maintain predevelopment peak runoff rates for the two (2)-year, twenty-four (24)-hour storm event (two and nine-tenths (2.9) inches over twenty-four (24) hours' duration).

Maintain predevelopment peak runoff rates for the ten (10)-year, twenty-four (24)-hour storm event (four and two-tenths (4.2) inches over twenty-four (24) hours' duration).

Safely pass the one-hundred (100)-year, twenty-four (24)-hour storm event ( six (6.0) inches over twenty-four (24) hours' duration).

Outlets. Discharges from new construction sites must have a stable outlet capable of carrying designed flow as required in Section 14.12(2)(d) at a nonerosive velocity. Outlet design must consider flow capacity and flow duration. This requirement applies to both the site outlet and the ultimate outlet to stormwater conveyance or water body.

Infiltration.

For both residential and nonresidential developments, design practices to infiltrate sufficient runoff volume so that post-development infiltration volume shall be at least ninety percent (90%) of the predevelopment infiltration volume, based upon average annual rainfall.

The runoff curve numbers used in calculating predevelopment conditions shall be based on the predevelopment land uses. For agricultural land, the maximum runoff curve number (RCN) used in calculating predevelopment conditions shall be fifty-one (51) for hydrologic soil group (HSG) A, sixty-eight (68) for HSG B, seventy-eight (78) for HSG C, and eighty-three (83) for HSG D.

If, when designing appropriate infiltration systems, more than two percent (2%) of the site is required to be used as effective infiltration area, the applicant may alternately design infiltration systems and pervious surfaces to meet or exceed the annual predevelopment recharge rate. The annual predevelopment recharge rate shall be determined from Wisconsin Geological and Natural History Survey's 2009 report "Groundwater Recharge in Dane County, Estimated by a GIS-Based Water-Balanced Model," or subsequent updates to this report, or by a site-specific analysis using other appropriate techniques. If this alternative design approach is taken, at least two percent (2%) of the site must be used for infiltration.

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 to protect groundwater quality.

Prohibitions. Notwithstanding Section 14.12(2)(f)1 through 3, infiltration systems may not be installed in any of the following areas:

Areas associated with Tier 1 industrial facilities identified in Section NR 216.21(2)(a), Wis. Adm. Code, including storage, loading, rooftop and parking.

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

Fueling and vehicle maintenance areas.

Areas within one thousand (1,000) feet upgradient or within one hundred (100) feet downgradient of karst features.

Areas with less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock, except that this provision does not prohibit infiltration of roof runoff.

Areas with runoff from industrial, commercial and institutional parking lots and roads and residential arterial roads with less than five (5) feet of separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock.

Areas within four hundred (400) feet of a community water system well as specified in Section NR 811.16(4), Wis. Adm. Code, for runoff infiltrated from commercial, industrial and institutional land uses or regional devices for residential development.

Areas where contaminants of concern, as defined in Section NR 720.03(2), Wis. Adm. Code, are present in the soil through which infiltration will occur.

Any area where the soil does not exhibit one (1) of the following characteristics between the bottom of the infiltration system and the seasonal high groundwater and top of bedrock: at least a five (5)-foot soil layer with ten percent (10%) fines or greater. This provision does not apply where the soil medium within the infiltration system provides an equivalent level of protection and does not prohibit infiltration of roof runoff.

Alternate use of runoff. Where alternate uses of runoff are employed, such as for toilet flushing, laundry or irrigation, such alternate use shall be given equal credit toward the infiltration volume required by this section.

Minimizing groundwater pollution. According to Chapter NR 151, Wis. Adm. Code, 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 Chapter NR 140, Wis. Adm. Code. However, if site-specific information indicates that compliance with the preventive action limit is not achievable, the infiltration system may not be installed or shall be modified to prevent infiltration to the maximum extent practicable.

Thermal control.

The stormwater management plan shall include provisions and practices to reduce the temperature of runoff for sites located within the watershed of a river or stream identified by the Wisconsin Department of Natural Resources (DNR) as:

A cold-water community as identified through Section NR 102.04(3)(a) or Chapter NR 104, Wis. Adm. Code, and Class I, Class II, and Class III trout streams identified in Wisconsin Trout Streams, DNR publication PUB-FH-806-2002 or its successor.

Rivers or streams proposed by the Wisconsin Department of Natural Resources as cold-water communities and Class I, II, and III trout streams.

The stormwater management plan does not have to meet the requirement in Section 14.12(2)(g)1 if the applicant can justify by use of a model approved by the Dane County Conservationist that practices are not necessary because the temperature increase of runoff from the site post development will be zero (0).

A current list and maps of affected watersheds shall be available for reference at the office of the Village agent and the Village Plan Commission.

Stormwater management goals. The following standards shall be met whenever possible, and proposed design, suggested location and implementation of practices to meet these goals shall be included in plans:

For existing development, design practices to retain soil particles greater than forty (40) microns on the site (twenty percent (20%) reduction) resulting from a one (1)-year, twenty-four (24)-hour storm event, according to approved procedures, and assuming no sediment resuspension.

§ 14.13 Off-site stormwater management.

For street reconstruction, design practices to retain soil particles greater than twenty (20) microns on the site (forty percent (40%) reduction) resulting from a one (1)-year, twenty-four (24)-hour storm event, according to approved procedures, and assuming no sediment resuspension.

Conditions. Off-site stormwater management is allowed, provided that all of the following conditions for the off-site facility are met:

The facility is in place.

The facility is designed and adequately sized to provide a level of stormwater control that at least meets the ordinance standards.

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

Fees in lieu. Developments served by off-site stormwater management facilities will be charged a fee in lieu of detention. Fees in lieu will be set by the Village and based on the level of service provided to the applicant by the off-site facility.

§ 14.14 Technical standards and specifications.

Temporary facilities. Permit applicants may be required to install and maintain temporary facilities designed to meet the standards of this chapter if an off-site facility that will serve the proposed development is planned but does not yet meet the conditions of Section 14.13(1). Temporary facilities must be maintained by the applicant until such time that the off-site facility meets the conditions of Section 14.13(1). Applicants required to install and maintain temporary facilities will also be charged a fee in lieu.

Technical design standards. The design of all best management practices designed to meet the requirements of this chapter shall comply with the following technical standards:

Natural Resources Conservation Service's Wisconsin Field Office Technical Guide, Chapter 4, or its successor.

Applicable construction or erosion control standards by the Wisconsin Department of Natural Resources.

Any other technical methodology approved by the Dane County Conservationist.

Best management practice manual. Applicants may refer to the Dane County Erosion Control and Stormwater Management Manual for more information on erosion control and stormwater management practices for meeting the standards of this chapter. The manual is available from the Dane County Lakes and Watershed Commission.

§ 14.15 Appeals and variances.

Appeals.

Any person aggrieved by any decision of the Village agent pursuant to this chapter may appeal to the Zoning Board of Appeals. Such appeal shall be taken within thirty (30) days after the challenged decision, order, determination or inaction being appealed. A fee amount set by the Village by resolution must accompany any appeal request. Notice of appeal setting forth the specific grounds for the appeal shall be filed with the Village Clerk. The Village Clerk shall forthwith transmit to the Zoning Board of Appeals the record upon which the action appealed from was taken.

The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal and publish a Class 2 notice thereof under Chapter 985, Wis. Stats., as well as give due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or attorney.

The Zoning Board of Appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and shall have all the powers of the officer from whom the appeal is taken.

The concurring vote of a majority of the Zoning Board of Appeals shall be necessary to reverse the decision of the Village Building Inspector or Engineer.

Once an appeal has been filed on a matter, no other appeal on the same order, decision, determination or inaction will be allowed. Appeals shall consolidate appeals whenever possible to avoid a multiplicity of appeal proceedings and to hasten the final resolution of a matter. The Zoning Board of Appeals may allow additional parties to join a pending appeal where appropriate and where such addition will not delay the proceedings.

Variances.

An applicant may include in the application a request for a variance from the requirements of Section 14.11 or 14.12. No variance shall be granted unless the applicant demonstrates, and the Village Building Inspector or Engineer finds that all of the following conditions are present:

Enforcement of the standards set forth in this chapter will result in unnecessary hardship to the landowner.

The hardship is due to exceptional physical conditions unique to the property.

Granting the variance will not adversely affect the public health, safety or welfare nor be contrary to the spirit, purpose and intent of this chapter.

The project will have no impact upon any of the stated purposes of this chapter as set forth in Section 14.03.

The applicant has proposed an alternative to the requirement from which the variance is sought that will provide equivalent protection of the public health, safety and welfare, the environment and public and private property.

The net cumulative effect of the variance will not impact downstream conditions.

Existing regional facilities are shown to meet the performance standards of this chapter.

If all the conditions set forth in Section 14.15(2)(a) are met, a variance may only be granted to the minimum extent necessary to afford relief from the unnecessary hardship, with primary consideration to water quality.

A variance from the provisions of Section 14.12(2)(a), (b), and (f) may only be granted if:

The applicant has met the requirements of Section 14.15(2)(a).

The applicant will be denied all reasonable and beneficial use of the property if the variance is denied.

A person aggrieved by a variance determination by the Village agent may appeal the decision to the Zoning Board of Appeals pursuant to Section 14.15(1).

A person aggrieved by a decision of the Zoning Board of Appeals regarding a variance may appeal that decision to the Dane or Green County Circuit Court.

§ 14.16 Fees.

Permit fees. For either an erosion control permit or a stormwater management permit, a nonrefundable application fee shall be paid by the applicant in an amount as specified in the Village's annual fee schedule resolution.