Village of Shorewood, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Shorewood as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 225.
Subdivision and land division — See Ch. 470.
Zoning — See Ch. 535.
[Adopted 8-3-1994 by Ord. No. 1697 (Ch. 9, Art. 3A of the 1986 Code)]
As used in this article, the following terms shall have the meanings indicated:
AGRICULTURAL LAND USE
The use of land for planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or yarding of livestock.
BEST MANAGEMENT PRACTICE
A practice or combination of practices to control erosion and attendant pollution.
BMP HANDBOOK
The most recent edition of the Department of Natural Resources Wisconsin Construction Best Management Practices Handbook.
EROSION
The detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity.
EROSION CONTROL PLAN or EROSION CONTROL PLAN STATEMENT
A written description of the number, locations, sizes, and other pertinent information about best management practices designed to meet the requirements of this article.
LAND DEVELOPMENT ACTIVITY
The construction or demolition of buildings, roads, parking lots, paved storage areas, and similar facilities.
LAND DISTURBING ACTIVITY
Any man-made change of the land surface, including removing vegetation cover, excavating, filling and grading but not including agricultural land uses such as planting, growing, cultivating and harvesting of crops, growing and tending of gardens, and harvesting of trees.
LANDOWNER
Any person holding title to or having an interest in land.
LAND USER
Any person operating, leasing, renting or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.
RUNOFF
The rainfall, snow melt, dewatering, or irrigation water flowing over the ground surface.
SITE
The entire area included in the legal description of the parcel or other land division on which the land development or land disturbing activity is proposed in the permit application.
STABILIZE
To make the site steadfast or firm, minimizing soil movement by mulching and seeding, sodding, landscaping, concrete, gravel or other measure.
VILLAGE PERSONNEL or AUTHORIZED PERSONNEL
Employees of the Village of Shorewood authorized by the Village Board to implement the provisions of this article of the Village Code.
WATERS OF THE STATE
All lakes, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within the state or its jurisdiction.
WORKING DAY
A calendar day, except Saturdays, Sundays, and Village-recognized legal holidays.
A. 
Design criteria, standards and specifications. All best management practices required to comply with this article shall meet the design criteria, standards and specifications set forth in the BMP Handbook or adopted by the Village.
B. 
Maintenance. All best management practices necessary to comply with this article shall be maintained by the applicant or subsequent landowner during the period of land disturbance and development of the site in a satisfactory manner to ensure adequate performance and to prevent nuisance conditions. The standards for maintenance of best management practices shall be set forth in the BMP Handbook or adopted by the Village.
A. 
Applicability. This section applies to the following sites of land development or land disturbing activities:
(1) 
Those requiring a subdivision plat approval or the construction of houses or commercial, industrial or institutional buildings on lots of approved subdivision plats;
(2) 
Those requiring a certified survey approval or the construction of houses or commercial, industrial or institutional buildings on lots of approved certified surveys;
(3) 
Those involving grading, removal of protective ground cover or vegetation, demolition, excavation, land filling or other land disturbing activity affecting a surface area of 4,000 square feet or more;
(4) 
Those involving excavation or filling or a combination of excavation and filling affecting 400 cubic yards or more of dirt, sand or other excavation or fill material;
(5) 
Those involving street, highway, road, or bridge construction, enlargement, relocation or reconstruction;
(6) 
Those involving the laying, repairing, replacing or enlarging of an underground pipe or facility for a distance of 300 feet or more; and
(7) 
Those involving grading, removal of protective ground cover or vegetation, excavation, demolition, land filling or other land disturbing activity on slopes of 12% or more.
B. 
Erosion and other pollutant control requirements. The following requirements shall be met on all sites described in Subsection A:
(1) 
Site dewatering. Water pumped from the site shall be treated by sediment basins or other appropriate best management practices specified in the BMP Handbook. Water may not be discharged in a manner that causes erosion of the site, adjacent sites, or receiving channels.
(2) 
Waste and material disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials, or hazardous materials) shall be properly disposed of and not allowed to be carried off site by runoff or wind.
(3) 
Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning before the end of each workday. Flushing may not be used unless sediment will be controlled by a sediment basin or other appropriate best management practice specified in the BMP Handbook.
(4) 
Drain inlet protection. All storm drain inlets shall be protected with a straw bale, filter fabric, or equivalent barrier as specified in the BMP Handbook or approved by the Village.
(5) 
Sediment cleanup. All off-site sediment deposits occurring as a result of a storm event shall be cleaned up by the end of the next workday. All other off-site sediment deposits occurring as a result of construction activities shall be cleaned up by the end of the workday.
(6) 
Site erosion control. The following criteria [Subsection B(6)(a) through (e)] apply only to land development or land disturbing activities that result in runoff leaving the site.
(a) 
Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below in Subsection B(6)(c)[3]. Sheet flow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas unless shown to have resultant runoff velocities of less than 0.5 foot per second across the disturbed area for the ten-year, twenty-four-hour storm as defined in the BMP Handbook. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. For allowable velocities in the different types of channels, Soil Conservation Service guidelines shall be followed.
(b) 
All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed to any one time.
(c) 
Runoff from the entire disturbed area on the site shall be controlled by meeting either Subsection B(6)(c)[1] and [2] or [1] and [3].
[1] 
All disturbed ground left inactive for seven or more days shall be stabilized by temporary or permanent seeding, temporary or permanent seeding and mulching, sodding, covering with tarps, or equivalent best management practices. If temporary seeding is used, a permanent cover shall also be required as part of the final site stabilization. Seeding or sodding shall be conducted as specified in the BMP Handbook or by the Village. Variances from the requirements of this subsection may be granted by the Building Inspector upon application, but only if the failure to comply is due to extended periods of rain or other construction delays beyond the control of the responsible party.
[2] 
For sites with 10 or more acres disturbed at one time, or if a channel originates in the disturbed area, one or more sediment basins shall be constructed. Each sediment basin shall be designed and constructed as specified in the BMP Handbook.
[3] 
For sites with less than 10 acres disturbed at one time, filter fences, straw bales, or equivalent best management practices shall be placed along all sideslope and downslope sides of the site. If a channel or area of concentrated runoff passes through the site, filter fences shall be placed along the channel edges to reduce sediment reaching the channel.
(d) 
Sites with slopes of 12% or more may require additional or different controls than listed in Subsection B(6)(c) above. Requirements for such slopes shall be as specified by the Village.
(e) 
Wherever possible, soil or dirt storage piles shall be located 25 feet from any downslope road, lake, stream, wetland, or draining channel. Straw bale or filter fabric fences shall be placed on the downslope side of the piles. If remaining for more than 30 days, piles shall be stabilized by mulching, vegetative cover, tarps or other means. The Village may require additional or different best management practices for piles located closer than 25 feet to a road, lake, stream, wetland or drainage channel.
(f) 
When the disturbed area has been stabilized by permanent vegetation or other means, temporary best management practices such as filter fabric fences, straw bales, and sediment traps shall be removed.
A. 
No landowner or land user may commence a land development or land disturbing activity subject to this article without receiving prior approval of an erosion control plan for the site and a permit from the Village. At least one landowner or land user controlling or using the site and desiring to undertake a land development or land disturbing activity subject to this article shall submit an application for an erosion control permit and a control plan and pay an application fee to the Village Clerk. By submitting an application, the applicant is authorizing the Village Board or other agent authorized by the Village to enter the site to obtain information required for the review of the erosion control plan.
B. 
Content of the erosion control plan for land development and land disturbing activities covering one or more acres.
(1) 
Existing site map. A map of existing site conditions shall be submitted on a scale of at least one inch equals 100 feet showing the site and immediately adjacent areas extending at least 200 feet in each direction, including:
(a) 
Site boundaries and adjacent lands which accurately identify site location;
(b) 
Lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site;
(c) 
One-hundred-year floodplains, flood fringes and floodways;
(d) 
Location of the predominant soil types;
(e) 
Vegetative cover;
(f) 
Location and dimensions of stormwater draining systems and natural drainage patterns on and immediately adjacent to the site and the size, slope and land cover of upslope drainage areas, peak discharge, velocities, direction, and destination of flows;
(g) 
Locations and dimensions of utilities, structures, roads, highways, and paving;
(h) 
Site topography at a contour interval not to exceed five feet; and
(i) 
Name, address and daytime telephone number of the applicant and the person responsible for maintenance of best management practices.
(2) 
Plan of final site conditions. A plan of final site conditions shall be submitted on the same scale as the existing site map showing the site changes.
(3) 
Site construction plan. A site construction plan shall be submitted, including:
(a) 
Locations and dimensions of all proposed land development and land disturbing activities;
(b) 
Locations and dimensions of all temporary soil and dirt stockpiles;
(c) 
Locations and dimensions of all best management practices necessary to meet the requirements of this article;
(d) 
Section of anticipated starting and completion dates of each land development or land disturbing activity, including the installation of best management practices needed to meet the requirements of this article;
(e) 
Provisions for maintenance of best management practices during construction; and
(f) 
Description of vegetation and other materials to be used to stabilize the site, including a schedule for installation and maintenance.
C. 
Content of erosion control plan statement for land development and land disturbing activities covering less than one acre. An erosion control plan statement (with simple map) shall be submitted to briefly describe:
(1) 
Property boundaries and area to be disturbed;
(2) 
Direction of slopes before and after development;
(3) 
Existing and proposed buildings and other improvements;
(4) 
Size of upslope drainage areas;
(5) 
Development schedule;
(6) 
Best management practices necessary to meet the requirements of this article;
(7) 
Description of vegetation and other materials to be used to stabilize the site, including a schedule for installation and maintenance; and
(8) 
Name, address and daytime telephone number of the applicant and the person responsible for maintenance of best management practices.
D. 
Review of erosion control plans.
(1) 
Erosion control plans for sites of one or more acres of land development or land disturbing activity. Within 30 working days of receipt of the application, control plan, and fee, the Planning and Development Department shall review the application and control plan to determine if the requirements of this article are met. The Planning and Development Department may request comments from other agencies. If the requirements of this article are met, the Planning and Development Department shall approve the plan, inform the applicant and issue a permit. If the conditions are not met, the Planning and Development Department shall inform the applicant in writing and may either require needed information or disapprove the plan. Within 30 working days of receipt of needed information, the Planning and Development Department shall again determine if the plan meets the requirements of this article. If the plan is disapproved, the Planning and Development Department shall inform the applicant in writing of the reasons for disapproval.
(2) 
Erosion control plans for sites of less than one acre of land development or land disturbing activity. Within 10 working days of receipt of the application, control plan statement, and fee, the Planning and Development Department shall review the application and control plan statement to determine if the requirements of this article are met. The Planning and Development Department may request comments from other staff or agencies. If the requirements of this article are met, the Planning and Development Department shall approve the plan, inform the applicant and issue a permit. If the conditions are not met, the Planning and Development Department shall inform the applicant in writing and may either require needed information or disapprove the plan. Within 10 working days of receipt of needed information, the Planning and Development Department shall again determine if the plan meets the requirements of this article. If the plan is disapproved, the Planning and Development Department shall inform the applicant in writing of the reasons for disapproval.
(3) 
No building permit or footing and foundation permit shall be issued for a site subject to this article without an erosion control permit.
E. 
Erosion control permits.
(1) 
Duration. Erosion control permits 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 Planning and Development Department may extend the period one or more times for up to an additional 180 days. The Planning and Development Department may require additional best management practices as a condition of the extension if they are necessary to meet the requirements of this article.
(2) 
Surety bond. As a condition of approval and issuance of the permit, the Village shall require the applicant to deposit a surety bond, irrevocable letter of credit, or cash escrow, the amount of which shall be determined by the Village on a case-by-case basis, to guarantee a good faith execution of the approved erosion control plan and any permit conditions.
(3) 
Permit conditions. All erosion control permits shall require the permittee to:
(a) 
Notify the Village within two working days of commencing any land development and land disturbing activity;
(b) 
Notify the Village of completion of any best management practices within the next working day after their installation;
(c) 
Obtain permission in writing from the Building Inspector prior to modifying the erosion control plan;
(d) 
Install all best management practices as identified in the approved erosion control plan;
(e) 
Maintain all road drainage systems, stormwater drainage systems, best management practices and other facilities identified in the erosion control plan;
(f) 
Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land development or land disturbing activities;
(g) 
Inspect the best management practices after each rain of 0.5 inch or more and at least once each week and make needed repairs;
(h) 
Allow Village personnel or other agents authorized by the Village to enter the site for the purpose of inspecting compliance with the erosion control plan or for performing any work necessary to bring the site into compliance with the erosion control plan; and
(i) 
Keep a copy of the erosion control plan on the site.
If land development or land disturbing activities are being carried out without a permit, Village personnel shall enter the land pursuant to the provisions of § 66.0119(3), Wis. Stats.
A. 
The Building Inspector or his designee may issue a notice of violation or post a stop-work order, or both, if:[1]
(1) 
Any land development or land disturbing activity regulated under this article is being undertaken without an erosion control permit;
(2) 
The erosion control plan is not being implemented in a good faith manner; or
(3) 
The conditions of the permit are not being met.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
If the permittee does not cease the activity or comply with the erosion control plan or permit conditions within 24 hours, the Building Inspector may revoke the erosion control permit.
C. 
If the landowner or land user where no erosion control permit has been issued does not cease the activity within 24 hours, the Building Inspector may request the Village Attorney to obtain a cease and desist order.
D. 
The Building Inspector may retract the stop-work order or the erosion control permit revocation.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
After posting a stop-work order, the Building Inspector may issue a notice of intent to the permittee or landowner or land user of the Village of Shorewood's intent to perform work necessary to comply with this article. Village personnel or other agents authorized by the Village Board may go on the land and commence the work three working days after the notice of intent is mailed or served.
F. 
If the cost of work performed by Village personnel or other authorized agents plus interest at the rate approved by Village Board exceeds the amount deposited in the irrevocable letter of credit, surety bond or cash escrow, the remainder shall be billed to the permittee or the landowner. In the event that a permittee or landowner fails to pay the amount due, the Village Clerk shall enter the amount due on the tax rolls and collect it as a special charge against the property pursuant to § 66.0627, Wis. Stats.
G. 
Any person violating any of the provisions of this article shall be subject to a forfeiture of not less than $50 nor more than $1,000 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.
H. 
Compliance with the provisions of this article may also be enforced by injunction, citation, abatement of nuisances, or other appropriate and available remedy.
A. 
Board of Appeals. The Board of Appeals created pursuant to Article X of Chapter 535, Zoning, of the Village Code as authorized by §§ 62.23(7)(e) and 68.11, Wis. Stats.:
(1) 
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Village in administering this article;
(2) 
Upon appeal, may authorize variances from the provisions of this article which are not contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship; and
(3) 
Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.
B. 
Who may appeal. Appeals to the Board of Appeals may be taken by any aggrieved party.
Fees referred to in this article shall be established by the Village Board in a fee schedule and may from time to time be modified by the Village. Fees shall be related to costs involved in handling permit applications, reviewing control plans, conducting site inspections, and administering the erosion control program.
[Adopted 12-15-2003 by Ord. No. 1861 (Ch. 9, Art. 3B of the 1986 Code)]
A. 
Purpose. The general purpose of this article is to set forth stormwater requirements and criteria that will diminish the threats to public health, safety, welfare, and the aquatic environment due to runoff of stormwater from land development activity. Specific purposes are to:
(1) 
Further the maintenance of safe and healthful conditions;
(2) 
Prevent and control the adverse effects of stormwater, prevent and control soil erosion, prevent and control water pollution, and protect spawning grounds, fish, and aquatic life;
(3) 
Assure the safe capacity of existing drainage facilities and receiving water bodies; prevent undue channel erosion; control increases in the scouring and transportation of particulate matter; and prevent conditions that endanger downstream property; and
(4) 
Control building sites, placement of structures, and land uses and promote sound economic growth.
B. 
Intent. The intent of this article is to manage the long-term, postconstruction stormwater discharges from land development activities. Where such system plans have been developed and approved by the Village, it is the intent that all land development activities will include stormwater management measures that meet performance standards set forth in those approved plans. Where such stormwater management system plans have not been developed or approved, it is the intent of the Village that the generic stormwater management standards set forth be applied unless otherwise accepted by the Planning and Development Department.
C. 
Findings of fact. This article is based on the finding that uncontrolled stormwater runoff from land development activity 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 stormwater runoff can:
(1) 
Degrade physical stream habitat by increasing stream bank erosion, increasing stream bed scour, diminishing groundwater recharge, and diminishing stream base flows;
(2) 
Diminish the capacity of lakes and streams to support fish, aquatic life, recreational, and water supply uses by increasing loadings of nutrients and other urban pollutants;
(3) 
Alter wetland communities by changing wetland hydrology and by increasing pollutant loads;
(4) 
Reduce the quality of groundwater by increasing pollutant loading;
(5) 
Threaten public health, safety, property, and general welfare by overtaxing storm sewers, drainageways, and other minor drainage facilities;
(6) 
Threaten public health, safety, property, and general welfare by increasing major flood peaks and volumes;
(7) 
Undermine floodplain management efforts by increasing the incidence and levels of flooding; and
(8) 
Aggravate excessive infiltration and inflow of water into sanitary sewer connections during peak storm events causing the conveyance system to surcharge, overflow or back up into basements.
As used in this article, the following terms shall have the meanings indicated:
AGRICULTURAL
The planting, growing, cultivating, and harvesting of crops; growing and tending of gardens, and trees; harvesting of trees.
ARTICLE or THIS ARTICLE
Article II of Chapter 250 of the Code of the Village of Shorewood.
BMP (BEST MANAGEMENT PRACTICES)
Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize sediment or pollutants carried in runoff to waters of the state or manage the rate or volume of runoff.
CEASE AND DESIST ORDER
A court-issued order to halt land developing activity that is being conducted without the required permit.
COMMON PLAN OF DEVELOPMENT OR SALE
All lands included within the boundary of a certified survey or subdivision plat created for the purpose of development or sale of property where multiple separate and distinct land developing activities may take place at different times and on different schedules.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total rainfall depth.
DISCHARGE VOLUME
The quantity of runoff discharged from the land surface as the result of a rainfall event.
FEE IN LIEU
A payment of money to the Village in place of meeting all or part of the stormwater performance standards required by this article.
FINANCIAL GUARANTEE
A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the Village by the permit holder to assure that the requirements of this article are carried out in compliance with the stormwater management plan.
GROSS AGGREGATE AREA
The total area, in acres, of all land located within the property boundary containing the land development activity.
GROUNDWATER ENFORCEMENT STANDARD
A numerical value expressing the concentration of a substance in groundwater, which is adopted under § 160.07, Wis. Stats., and § NR 140.10, Wis. Adm. Code, or § 160.09, Wis. Stats., and § NR 140.12, Wis. Adm. Code.
GROUNDWATER PREVENTIVE ACTION LIMIT
A numerical value expressing the concentration of a substance in groundwater which is adopted under § 160.15, Wis. Stats., and § NR 140.10, NR 140.12, or NR 140.20, Wis. Adm. Code.
IMPERVIOUS SURFACE
A surface that releases the rainfall as surface runoff during a large portion of the design rainfall event. Rooftops, sidewalks, parking lots, and street surfaces are examples of impervious surfaces.
INFILL AREA
An undeveloped area of land located within existing development.
INFILTRATION
The process by which rainfall or surface runoff percolates or penetrates into the underlying soil.
INFILTRATION SYSTEM
A device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices such as swales or roadside channels designed for conveyance and pollutant removal only.
KARST FEATURE
An area or superficial geologic feature subject to bedrock dissolution so that it is likely to provide a conduit to groundwater and may include caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs, seeps or swallets.
LAND DEVELOPMENT ACTIVITY
Any construction or redevelopment of buildings, roads, parking lots, paved and unpaved storage areas, and similar facilities, but not including agricultural activity.
LAND DISTURBING CONSTRUCTION ACTIVITY
Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative 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, and filling and grading activities.
MAINTENANCE AGREEMENT
A legal document that is filed with the Milwaukee County Register of Deeds as a property deed restriction and which provides for long-term maintenance of stormwater management practices.
MEP or MAXIMUM EXTENT PRACTICABLE
A level of implementing best management practices in order to achieve a performance standard specified in this article which takes into account the best available technology, cost effectiveness and other competing issues, such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. MEP allows flexibility in the way to meet the performance standards and may vary based on the performance standard and site conditions.
MMSD
The Milwaukee Metropolitan Sewerage District.
NONSTORM DISCHARGE
A discharge to the storm sewer system created by process other than stormwater runoff.
NONSTRUCTURAL MEASURE
A practice, technique, or measure to reduce the volume, peak flow rate, or pollutants in stormwater that does not require the design or installation of fixed stormwater management facilities.
OFF SITE
Located outside the property boundary described in the permit application for land development activity.
ON SITE
Located within the property boundary described in the permit for the land development activity.
ORDINARY HIGH-WATER MARK
The meaning given in § NR 115.03(6), Wis. Adm. Code.
OTHER THAN RESIDENTIAL DEVELOPMENT
Development of the following land uses: commercial, industrial, government and institutional, recreation, transportation, communication, and utilities.
OUTSTANDING RESOURCE WATERS
Waters listed in § NR 102.10, Wis. Adm. Code.
PEAK FLOW DISCHARGE RATE
The maximum rate at which a unit volume of stormwater is discharged.
PERCENT FINES
The percentage of a given sample of soil which passes through a No. 200 sieve.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
PERVIOUS SURFACE
A surface that infiltrates rainfall during a large portion of the design rainfall event. Well-managed lawns, parks, fields, woodlands, or other vegetated areas are examples of surfaces that are typically pervious.
POLLUTANT
The meaning given in § 283.01(13), Wis. Stats.
POLLUTION
The meaning given in § 283.01(14), Wis. Stats.
POSTCONSTRUCTION SITE
A construction site following the completion of land disturbing construction activity and final site stabilization.
POSTCONSTRUCTION STORMWATER DISCHARGE
Any stormwater discharged from a site following the completion of land disturbing construction activity and final site stabilization.
POSTDEVELOPMENT CONDITION
The extent and distribution of land cover types anticipated to occur under conditions of full development that will influence stormwater runoff and infiltration.
PREDEVELOPMENT CONDITION
The extent and distribution of land cover types present before the initiation of land development activity, assuming that all land uses prior to development activity are managed in an environmentally sound manner.
PRETREATMENT
The treatment of stormwater prior to its discharge to the primary stormwater treatment practice in order to reduce pollutant loads to a level compatible with the capability of the primary practice.
PREVENTIVE ACTION LIMIT
The meaning given in § NR 140.05(17), Wis. Adm. Code.
RECREATIONAL TRAIL
A path that is distinctly set apart from a roadway, street, or sidewalk, designed for activities such as jogging, walking, hiking, bird watching, bicycle riding, roller-skating, or similar recreational activities not involving the use of motorized vehicles and not a sidewalk according to § 340.01(58), Wis. Stats.
REDEVELOPMENT
New construction, modification or replacement of older development.
REGIONAL FLOOD
The peak flow and peak elevation of water with a one-percent probability of occurring during any one year, considering rainfall time and intensity patterns, rainfall duration, area distribution, antecedent moisture, and snow melt. The common misnomer "one-hundred-year flood or floodplain" implies a temporal element rather than a one in 100 random probability of the event.
RESIDENTIAL DEVELOPMENT
That which is created to house people, including the residential dwellings as well as all attendant portions of the development, including lawns, driveways, sidewalks, garages, and access streets. "Residential development" includes single-family, multifamily, apartments, and trailer parks.
RUNOFF or STORMWATER RUNOFF
Stormwater or precipitation, including rain, snow or ice melt or similar water, that moves on the land surface via sheet or channelized flow.
SITE
The entire area included in the legal description of the land on which the land disturbing construction activity occurred.
SITE RESTRICTION
Any physical characteristic which limits the use of a stormwater best management practice as prescribed in the Wisconsin Stormwater Manual, Part 2: Technical Design Guidelines for Stormwater Best Management Practices.
STOP-WORK ORDER
An order issued by the Building Inspector that all construction activity on the site be stopped.
STORMWATER MANAGEMENT PLAN
A document that identifies what actions will be taken to reduce stormwater quantity and pollutant loads from land development activity to levels meeting the purpose and intent of this article.
STORMWATER MANAGEMENT SYSTEM PLAN
A comprehensive plan developed to address stormwater drainage and nonpoint source pollution control problems on a watershed or subwatershed basis and which meets the purpose and intent of this article.
STRUCTURAL MEASURE
Source area practices, conveyance measures, and end-of-pipe treatment that are designed to control stormwater runoff pollutant loads, discharge volumes, and peak flow discharge rates.
SURFACE WATER
A navigable body of water as that term is defined in § 281.31(2)(d), Wis. Stats., as amended from time to time.
TECHNICAL STANDARD
A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
TIME OF CONCENTRATION
The time period for the furthest runoff from the outlet of a watershed to contribute to flow at the watershed outlet.
TOP OF THE CHANNEL
An edge, or point on the landscape, landward from the ordinary high-water mark of a surface water of the state, where the slope of the land begins to be less than 12% continually for at least 50 feet. If the slope of the land is 12% or less continually for the initial 50 feet landward from the ordinary high-water mark, the top of the channel is the ordinary high-water mark.
TR-55
The United States Department of Agriculture, Natural Resources Conservation Service (previously Soil Conservation Service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986.
TYPE II DISTRIBUTION
A rainfall type curve as established in the United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published 1973. The Type II curve is applicable to all of Wisconsin and represents the most intense storm pattern.
VILLAGE
The Village of Shorewood.
VILLAGE PERSONNEL or AUTHORIZED PERSONNEL
Employees of the Village or those agents authorized by the Village Board to implement these stormwater management regulations.
WATER QUALITY MANAGEMENT
The stormwater standards and duties established under the Clean Water Act, 33 U.S.C. § 1251 et seq., parallel state law regulating the discharge of pollutants, and implementing regulations.
WATER QUANTITY MANAGEMENT
Stormwater duties and practices to abate peak flood flows during regional storm events pursuant to Chapter 13 of the Milwaukee Metropolitan Sewerage District rules as implemented and enforced by this municipality.
WATERS OF THE STATE
The meaning given in § 281.01(18), Wis. Stats. It generally refers to those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin 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 the state or its jurisdiction.
No person shall proceed with any residential, commercial, industrial, or institutional land development or redevelopment, or with the land development, without providing appropriate stormwater management facilities that adequately control stormwater runoff from such development or subdivided property. A site-specific stormwater management plan must be submitted and approved by the Village before any required new stormwater management facilities are constructed, unless exempted or waived pursuant to the provisions of this article. An approved site-specific stormwater management plan is also required before an existing drainage system is relocated, deepened, widened, enlarged, filled, obstructed, or otherwise altered in preparation for land development or redevelopment activity. The plan must be submitted and approved before any land development is commenced or a land subdivision plat or Village certified survey map is approved and recorded.
A. 
Applicability. This article applies as set forth below to land development activities that meet applicability criteria specified in this article. This article also applies as set forth below to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development or sale that meets any of the following applicability criteria, even through multiple separate and distinct land development activities may take place at different times on different schedules.
(1) 
Land development activity that involves an increase of 1/2 acre (21,780 square feet) or more of impervious surface but less than 1.0 acre of land development activity (43,560 square feet) shall be subject to discharge quantity standards only, as set forth in § 250-13A, B and C.
(2) 
Both discharge quantity and quality standards as set forth in § 250-13A, B, C and D shall apply to any land development activity which disturbs one or more acres (43,560 square feet), regardless of the amount of additional impervious surface created.
(3) 
For phased developments, the cumulative effect of all phases shall be considered. Discharge quantity standards will apply if the cumulative amount of new impervious surface is 1/2 acre (21,780 square feet) or more, even if the individual components of a development each create less than 1/2 acre of impervious surface. Both discharge quantity and quality standards will apply if the cumulative amount of land development activity disturbs one or more acres (43,560 square feet), even if the individual components of a development each disturb less than one acre of land.
(4) 
Land development activity of any size that, in the opinion of the Planning and Development Department, is likely to result in stormwater runoff which exceeds the safe capacity of existing drainage facilities, storage facilities, or receiving surface waters, which may cause surcharging and increase flooding risks, which causes undue channel erosion, unreasonably increases surface water pollution by scouring or the transportation of particulate matter, or endangers downstream property on a surface water shall be subject to § 250-13A, B, C and D below.
B. 
Jurisdiction. This article applies to all lands and waters and all land development activities within the boundaries of the Village.
C. 
Comity. State agencies should design and incorporate best management practices for surface water quality and stormwater quantity management for new impervious surfaces. The runoff management techniques should be the same as flood abatement plans and techniques utilized by local governments in the watershed. The lead agency preparing an environmental assessment for a federal or state project shall identify the mitigating runoff management techniques to prevent increases in peak flood flows from new impervious areas.
D. 
Exemptions from discharge quantity requirements. The following activities are exempt from discharge quantity requirements:
(1) 
Residential infill where the lot is five acres or less, the development is exclusively residential, the net increase in the area of impervious surface is less than 20% of the area of the site, and each boundary of the site is contiguous to:
(a) 
Sites that contain earlier development served by sanitary sewers, streets, or public water supply when the governmental unit receives the plans for the new development or parkland; or
(b) 
Other public land, a utility right-of-way, or a watercourse.
(2) 
Development or redevelopment activity where the area of impervious surface after development will be 5% or less of the total area of the site.
(3) 
Development activity located in sites riparian to Lake Michigan where site runoff is directly discharged into Lake Michigan and where the Planning and Development Department has determined that bluff erosion protection has been appropriately provided.
(4) 
Construction of recreational trails if the trail width is 10 feet or less and the trail has a continuous buffer at least five feet wide on each side, disregarding interruption by streets, driveways, or other impervious surfaces crossing the trail.
E. 
Exemptions from discharge quality requirements. The following activities are exempt from discharge quality requirements:
(1) 
A redevelopment postconstruction site with no increase in exposed parking lots or roads.
(2) 
A postconstruction site with less than 10% connected imperviousness based on complete development of the postconstruction site, provided that the cumulative area of all parking lots and rooftops is less than one acre.
(3) 
Nonpoint discharges from agricultural facilities and practices.
(4) 
Nonpoint discharges from silviculture activities.
(5) 
Routine maintenance for project sites under five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
(6) 
Underground utility construction, such as water, sewer and fiber optic lines. This exemption does not apply to the construction of any aboveground structures associated with utility construction.
F. 
Exemptions from discharge quantity and quality requirements. The following activities are exempt from both discharge quantity and quality requirements:
(1) 
Development approved by the Village before the effective date of this article, provided that the approval had sufficient finality to create a vested right to proceed with the development.
(2) 
Maintenance, alteration, use or improvement to an existing structure or construction activity which does not significantly change or affect the water quality or hydrologic and hydraulic characteristics of the surface water discharge.
(3) 
Maintenance activities undertaken by any municipal, state or federal governmental agency.
(4) 
Stormwater management facilities to be constructed or measures to be undertaken by the Village when the Village has determined that a stormwater management plan is not required.
(5) 
Facilities, or portions thereof, for which a special exception is granted pursuant to Chapter 535, Zoning, of the Village Code.
A. 
Stormwater management criteria.
(1) 
The site-specific stormwater management system plan required under the provisions of this article shall be designed in accordance with good engineering practice. The specific methods to be used in the calculation of peak rates of discharge, volumes, and water quality conditions and of the hydraulic capacities of storage and conveyance facilities shall be left to the judgment of the professional engineer preparing the plan, subject, however, to the approval of the Village.
(2) 
The site-specific stormwater management system plan shall be designed such that natural topography and land cover features, such as swales, natural streams, channels, drainageways, natural depressions, native soil infiltrating capacity, and natural groundwater recharge areas, shall be preserved and used to the extent practicable.
B. 
Stormwater discharge quantity standards.
(1) 
Peak flow shaving components of stormwater structures shall be designed in accordance with standard engineering practices.
(2) 
Runoff volumes and peak flow rates used in designing the water quantity components of stormwater structures shall be based on the principles of the document titled "Urban Hydrology for Small Watersheds" (Technical Release 55, Engineering Division, Soil Conservation Service, United States Department of Agriculture, June 1992).
(3) 
The most recent rainfall data available from the Southeastern Wisconsin Regional Planning Commission or more protective data shall be the basis for the analyses required by this article.
(4) 
The conveyance and storage facilities incorporated into the site-specific stormwater management system plan required under this article shall be designed as an integral part of complementary minor and major subsystems.
(5) 
The minor subsystem, generally consisting of the proposed on-site stormwater conveyance facilities, such as storm sewers and storm drains, shall be designed to avoid nuisance flooding of streets and yards and shall accommodate the peak rate of runoff from rainfall events up to and including the ten-year recurrence interval event. The rainfall intensity shall be determined based on appropriate times of concentration from relationships established and published by the Southeastern Wisconsin Regional Planning Commission.
(6) 
The complementary major subsystem shall consist of the public streets and interconnected flow paths to the streets and from the streets to receiving streams and watercourses. The major system shall be designed to accommodate peak rates of discharge from rainfall events up to and including the one-hundred-year recurrence interval event without inundation of exposed basements, building basement window wells, basement entryways, or the first floors of buildings, utilizing a one-foot freeboard.
(7) 
Unless otherwise provided for, all land development activities subject to this article shall establish on-site management practices to control the peak flow rates of stormwater discharged from the site. On-site management practices shall be used to meet the minimum performance standards as set forth in this article.
C. 
Peak flow discharge.
(1) 
The peak flow discharge rates of stormwater runoff under the postdevelopment conditions shall be controlled and reduced as follows:
(a) 
One-hundred-year postdevelopment peak runoff discharge shall not exceed the lesser of the following:
[1] 
One-half cubic foot per second per acre, or
[2] 
Maximum hydraulic capacity of existing downstream conveyance, drainage, or storage facilities;
(b) 
Two-year postdevelopment peak runoff discharge shall not exceed 0.15 cubic foot per second per acre;
(c) 
The design rainfall used for stormwater management pond design shall be the two- and one-hundred-year recurrence interval, twenty-four-hour duration events with a SCS Type II distribution with the latest rainfall depths as determined by the Southeastern Wisconsin Regional Planning Commission; and
(d) 
The area included in discharge limit calculations in the form of cubic feet per second per acre shall consist of the entire portion of the site draining to the discharge location under consideration.
(2) 
If the land development site or the proposed stormwater management facility currently receives or is proposed to receive surface runoff originating from off-site tributary watershed areas, the stormwater management criteria shall apply to the total runoff that originates from the land being developed and tributary off-site areas.
(3) 
Any stormwater management pond shall fully contain the runoff from the tributary watershed area during the one-hundred-year, twenty-four-hour rainfall with an SCS Type II distribution under the postdevelopment conditions. The tributary watershed area consists of all on-site and off-site areas draining to the pond.
(4) 
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.
(5) 
If surface runoff leaves the site at more than one location, discharge at each location must individually meet the standards set forth in this article. The discharge comparisons shall be made at stormwater conveyance facilities (i.e., ditches, culverts, storm sewers, stormwater detention ponds, channels, streams, etc.) that are located immediately downstream of each discharge location of the land development site.
(6) 
Impacts to the hydraulic performance of downstream conveyance or storage facilities shall be avoided. Where such changes are proposed, the impact of the proposal on existing stormwater detention ponds shall be assessed using a methodology acceptable to the Village.
(7) 
All stormwater runoff conveyance facilities within the boundaries of the property that is being developed shall be sized to adequately carry the runoff from a ten-year recurrence interval rainfall. In some cases, less sophisticated computation methods such as the Rational Method may be used with prior written approval by the Planning and Development Department.
(8) 
For storms exceeding the design capacity of the conveyance system, overland drainage routes shall direct the excess runoff to any stormwater management pond proposed for the site.
(9) 
When the Soil Conservation Service TR-55 Method is used to calculate peak flow discharge rates and runoff volumes for the predevelopment condition, NRCS curve numbers in the following table shall be used. When other methods for computing runoff are used, they shall assume comparable runoff conditions.
Land Cover
Curve Number
Lawns and residential and commercial landscaped areas
72
Wooded areas
65
All impervious surfaces, including roofs, driveways, parking lots, streets and sidewalks, etc.
95
All streams, channels, ditches, ponds, etc.
99
D. 
Stormwater discharge quality standards. Unless otherwise provided, all land development activities subject to this article shall establish on-site management practices to control the quality of stormwater discharged from the site. On-site management practices shall be used to meet the following minimum standards:
(1) 
Technical standards identified, developed or disseminated by the Wisconsin Department of Natural Resources under Subchapter V of Ch. NR 151, Wis. Adm. Code.
(2) 
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 Planning and Development Department.
(3) 
The most recent rainfall data available from the Southeastern Wisconsin Regional Planning Commission or more protective data shall be the basis for the analyses required by this article.
(4) 
Stormwater discharges shall be treated to remove, on an average annual basis, a minimum of 80% of the total suspended solids load. To achieve this level of control, stormwater practices shall be designed in accordance with the methods set forth in the latest edition of the Wisconsin Stormwater Manual, Part 2: Technical Design Guidelines for Stormwater Best Management Practices, as published and amended from time to time by the State of Wisconsin Department of Natural Resources.
(5) 
For new development, by design, reduce to the maximum extent practicable the total suspended solids load by 80%, based on the average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed an eighty-percent total suspended solids reduction to meet the requirements of this Subsection D.
(6) 
For redevelopment, by design, reduce to the maximum extent practicable the total suspended solids load by 40%, based on the average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed a forty-percent total suspended solids reduction to meet the requirements of this Subsection D.
(7) 
For infill development under five acres that occurs within 10 years after the effective date of this article, by design, reduce to the maximum extent practicable the total suspended solids load by 40%, based on an average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed a forty-percent total suspended solids reduction to meet the requirements of this Subsection D.
(8) 
For infill development that occurs 10 or more years after the effective date of this article, by design, reduce to the maximum extent practicable the total suspended solids load by 80%, based on an average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed an eighty-percent total suspended solids reduction to meet the requirements of this Subsection D.
(9) 
Notwithstanding Subsection D(5) through (8), if the design cannot achieve the applicable total suspended solids reduction specified, the stormwater management plan shall include a written and site-specific explanation why that level of reduction is not attained, and the total suspended solids load shall be reduced to the maximum extent practicable.
(10) 
The proposed stormwater quality improvement and pollution reduction measures may include wet detention/retention ponds, infiltration devices, filter strips, grass swales, oil-grit separator devices, or a combination of structural best management practices recognized and endorsed by the Wisconsin Stormwater Manual, Part 2: Technical Design Guidelines for Stormwater Best Management Practices, as published and amended from time to time by the State of Wisconsin Department of Natural Resources.
(11) 
The proposed stormwater quality improvement and pollution reduction measures may also include good housekeeping and/or source area best management practices, including impervious area sweeping, catch basin cleaning or other methods as approved by the Planning and Development Department.
(12) 
All on-site storm sewer inlets on private properties shall consist of catch basins with a sump depth of a minimum of two feet. The cleaning of such on-site sumps through a vacuum device, and the proper disposal of the contents shall be included as part of the maintenance agreement required as part of this article.
(13) 
If stormwater quality ponds are proposed, these shall be designed and constructed such that:
(a) 
Permanent wet detention volume of the facility shall be equal to or greater than the runoff volume resulting from a one-and-one-half-inch, four-hour rainfall with a Huff Distribution over the area under postdevelopment conditions.
(b) 
Permanent pond surface area shall be:
[1] 
One percent of the drainage area for residential development.
[2] 
Two percent of the drainage area for business and institutional development.
[3] 
Two and one-half percent of the drainage area for commercial and manufacturing development.
(c) 
Water quality ponds shall have a sediment fore bay area at the pond inlet location. The surface area of the fore bay shall be a minimum of 12% of the total permanent pond surface area corresponding to the normal water elevation.
(14) 
Runoff within a nonnavigable drainageway that flows into a BMP, such as a wet pond, is not required to meet water quality performance standards unless designed to provide treatment.
(15) 
The discharge of runoff from a BMP, such as a wet pond, or after a series of such BMP's is subject to this Subsection D.
(16) 
If infiltration practices are proposed, runoff shall be pretreated prior to infiltration where necessary to prolong maintenance of the infiltration practice and to prevent discharge of stormwater pollutants at concentrations that will result in exceeding the groundwater preventive action limits or enforcement standards established by the Department of Natural Resources in Ch. NR 140, Wis. Adm. Code, as amended from time to time. Stormwater shall not be injected underground through excavations or openings that would violate § NR 812.05, Wis. Adm. Code, as amended from time to time.
E. 
Fueling and vehicle maintenance areas. Fueling and vehicle maintenance areas shall, to the maximum extent practicable, have best management practices designed, installed and maintained to reduce petroleum within runoff, such that the runoff that enters waters of the state contains no visible petroleum sheen.
F. 
Infiltration. Best management practices shall be designed, installed, and maintained to infiltrate runoff to the maximum extent practicable in accordance with the following, except as provided in the following Subsections G, H and I:
(1) 
For residential developments one of the following shall be met:
(a) 
Infiltrate sufficient runoff volume so that the postdevelopment infiltration volume shall be at least 90% of the predevelopment infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 1% of the project site is required as an effective infiltration area.
(b) 
Infiltrate 25% of the postdevelopment runoff from the two-year, twenty-four-hour design storm with a Type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than 1% of the project site is required as an effective infiltration area.
(2) 
For nonresidential development, including commercial, industrial and institutional development, one of the following shall be met:
(a) 
Infiltrate sufficient runoff volume so that the postdevelopment infiltration volume shall be at least 60% of the predevelopment infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the project site is required as an effective infiltration area.
(b) 
Infiltrate 10% of the runoff from the two-year, twenty-four-hour design storm with a Type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the project site is required as an effective infiltration area.
(3) 
Infiltration systems designed in accordance with this Subsection F 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.
(4) 
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 H(3). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(5) 
Notwithstanding Subsection H(3), the discharge from the pretreatment BMP's shall remain below the enforcement standard at the point of standards application.
G. 
Infiltration exclusions. The runoff from the following areas is excepted from meeting the requirements of Subsection F:
(1) 
Areas associated with Tier 1 industrial facilities identified in § NR 216.21(2)(a), Wis. Adm. Code, including storage, loading, rooftop and parking.
(2) 
Storage and loading areas of Tier 2 industrial facilities identified in § NR 216.21(2)(b), Wis. Adm. Code.
(3) 
Fueling and vehicle maintenance areas.
(4) 
Areas within 1,000 feet up gradient or within 100 feet down gradient of karst features.
(5) 
Areas with less than three feet 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 Subsection G(5) does not prohibit infiltration of roof runoff.
(6) 
Areas with runoff from industrial, commercial and institutional parking lots and roads and residential arterial roads with less than five feet of separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock.
(7) 
Areas within 400 feet of a community water system well as specified in § NR 811.16(4), Wis. Adm. Code, or within 100 feet of a private well as specified in § NR 812.08(4), Wis. Adm. Code, for runoff infiltrated from commercial, industrial and institutional land uses or regional devices for residential development.
(8) 
Areas where contaminants of concern, as defined in § NR 720.03(2), Wis. Adm. Code, are present in the soil through which infiltration will occur.
(9) 
Any area where the soil does not exhibit one of the following soil characteristics between the bottom of the infiltration system and the seasonal high groundwater and top of bedrock: at least a three-foot soil layer with 20% fines or greater, or at least a five-foot soil layer with 10% fines or greater. This does not apply where the soil medium within the infiltration system provides an equivalent level of protection. This Subsection G(9) does not prohibit infiltration of roof runoff.
H. 
Infiltration exemptions. The following are not required to meet the requirements of Subsection F:
(1) 
Areas where the infiltration rate of the soil is less than 0.6 inch per hour measured at the site.
(2) 
Parking areas and access roads less than 5,000 square feet for commercial and industrial development.
(3) 
Redevelopment postconstruction sites.
(4) 
Infill development areas less than five acres.
(5) 
Infiltration areas during periods when the soil on the site is frozen.
(6) 
Roads in commercial, industrial and institutional land uses, and arterial residential roads.
I. 
Exceptions to discharge quantity and quality management requirements. The Village may establish stormwater management requirements either more or less stringent than those set forth in this section, provided that at least one of the following conditions applies:
(1) 
The Planning and Development Department determines that:
(a) 
A higher level of protection is needed to protect sensitive resources.
(b) 
A higher level of protection from flooding is required to protect the public health and safety.
(c) 
More restrictive discharge controls are needed because existing downstream conveyance or storage facilities are or will be rendered inadequate as a result of development activity.
(d) 
The land development activity is covered by an approved stormwater management system plan that contains management requirements consistent with the purpose and intent of this article.
(2) 
Provisions are made to manage stormwater by an off-site facility, provided that all of the following conditions for the off-site facility are met:
(a) 
The facility is in place.
(b) 
The facility is designed and adequately sized to provide a level of stormwater control equal to or greater than would be provided by on-site practices meeting the requirements of this article.
(c) 
The facility has a legally obligated entity responsible for its long-term operation and maintenance.
(d) 
The Planning and Development Department finds that meeting the minimum on-site management requirements of this section is not feasible due to space or site restrictions.
J. 
Protective areas.
(1) 
"Protective area" means an area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. However, in this subsection, "protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location. In Subsection J(1)(a), (d) and (e) below, 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.
(a) 
For outstanding resource waters and exceptional resource waters, and for wetlands in areas of special natural resource interest as specified in § NR 103.04, Wis. Adm. Code: 75 feet.
(b) 
For perennial and intermittent streams identified on a United States Geological Survey 7.5 minute series topographic map or a county soil survey map, whichever is more current: 50 feet.
(c) 
For lakes: 50 feet.
(d) 
For highly susceptible wetlands: 50 feet. Highly susceptible wetlands include the following types: fens, sedge meadows, bogs, low prairies, conifer swamps, shrub swamps, other forested wetlands, fresh wet meadows, shallow marshes, deep marshes and seasonally flooded basins. Wetland boundary delineations shall be made in accordance with § NR 103.08(1m), Wis. Adm. Code. This subsection does not apply to wetlands that have been completely filled in accordance with all applicable state and federal regulations. The protective area for wetlands that have been partially filled in accordance with all applicable state and federal regulations shall be measured from the wetland boundary delineation after fill has been placed.
(e) 
For less susceptible wetlands: 10% of the average wetland width, but no less than 10 feet nor more than 30 feet. Less susceptible wetlands include degraded wetlands dominated by invasive species such as reed canary grass.
(f) 
For concentrated flow channels with drainage areas greater than 130 acres: 10 feet.
(2) 
This Subsection J applies to postconstruction sites located within a protective area, except those areas exempted pursuant to Subsection J(4) below.
(3) 
The following requirements shall be met:
(a) 
Impervious surfaces shall be kept out of the protective area to the maximum extent practicable. The stormwater management plan shall contain a written site-specific explanation for any parts of the protective area that are disturbed during construction.
(b) 
Where land disturbing construction activity occurs within a protective area, and where no impervious surface is present, adequate sod or self-sustaining vegetative cover of 70% or greater shall be established and maintained. The adequate sod or self-sustaining vegetative cover shall be sufficient to provide for bank stability, maintenance of fish habitat and filtering of pollutants from upslope overland flow areas under sheet flow conditions. Nonvegetative materials, such as rock riprap, may be employed on the bank as necessary to prevent erosion, such as on steep slopes or where high-velocity flows occur.
(c) 
Best management practices, such as filter strips, swales, or wet detention basins, which are designed to control pollutants from nonpoint sources may be located in the protective area.
(4) 
This Subsection J does not apply to:
(a) 
Redevelopment postconstruction sites.
(b) 
Infill development areas less than five acres.
(c) 
Structures that cross or access surface waters, such as boat landings, bridges and culverts.
(d) 
Structures constructed in accordance with § 59.692(1v), Wis. Stats.
(e) 
Postconstruction sites from which runoff does not enter the surface water, except to the extent that vegetative ground cover is necessary to maintain bank stability.
K. 
Credit for removal of impervious surfaces.
(1) 
Same site credit. The Planning and Development Department may use the removal of pavement, covered structures or other impervious surfaces at the same property to calculate the net postconstruction impervious acreage and corresponding water quantity management duties. Credit may equal, but not be larger than, the acreage of impervious surfaces removed when runoff release rates and detention are the best management practices utilized at the site. When best management practices with a higher order of preference are utilized in lieu of detention, equivalent credit may be granted as determined by the Planning and Development Department with the concurrence of the MMSD. Credit for reducing impervious surfaces at a site, not utilized by the development on the site, belongs to the Planning and Development Department and may be banked for allocation to other development within the watershed under Subsection K(2) below.
(2) 
Dispersed site in same watershed credit. The Planning and Development Department may bank the removal of impervious surfaces, which individually must be 1/2 acre or more, within the same watershed, where the volume, timing and peak flow of runoff will be distributed over the critical time sufficient to assure that the level of protection provided by MMSD flood abatement projects will not be reduced. The Planning and Development Department may allocate banked credit to promote a policy of smart growth. The total acreage banked or allocated, or both, shall be reported, by watershed or subwatershed, annually to the MMSD for concurrence.
L. 
General considerations for on-site and off-site stormwater management measures. The following considerations shall be observed in managing stormwater runoff:
(1) 
Natural topography and land cover features, such as natural swales, natural depressions, native soil infiltrating capacity, and natural groundwater recharge areas, shall be preserved and used, to the extent possible, to meet the requirements of this article.
(2) 
Emergency overland flow for all stormwater facilities shall be provided to prevent exceeding the safe capacity of downstream drainage facilities and prevent endangerment of downstream property or public safety.
(3) 
Best management practices for water quantity management shall utilize the following techniques, in order of preference:
(a) 
Preservation of the natural features of development sites, including natural storage and infiltration characteristics;
(b) 
Preservation of existing natural streams, channels, and drainageways;
(c) 
Minimization of new impervious surfaces;
(d) 
Conveyance of stormwater in open vegetated channels;
(e) 
Construction of structures that provide both quantity and quality control, with structures serving multiple sites being preferable to structures serving individual sites; and
(f) 
Construction of structures that provide only quantity control, with structures serving multiple sites being preferable to structures serving individual sites.
M. 
Location and regional treatment option.
(1) 
The BMP's may be located on site or off site as part of a regional stormwater device, practice or system within the same watershed.
(2) 
Runoff within a nonnavigable drainageway that flows into a BMP, such as a wet pond, is not required to meet water quality performance standards unless designed to provide treatment. This regional treatment option does not supersede any other federal, state or local regulation of postconstruction runoff, such as Ch. NR 103, Wis. Adm. Code, and Ch. 30, Wis. Stats.
(3) 
The discharge of runoff from a BMP, such as a wet pond, or after a series of such BMP's is subject to this article.
(4) 
The Planning and Development Department may approve off-site management measures, provided that all of the following conditions are met:
(a) 
The Planning and Development Department determines that the postconstruction runoff is covered by a stormwater management system plan that is approved by the Village and that contains management requirements consistent with the purpose and intent of this article.
(b) 
The off-site facility meets all of the following conditions:
[1] 
The facility is in place.
[2] 
The facility is designed and adequately sized to provide a level of stormwater control equal to or greater than that which would be afforded by on-site practices meeting the performance standards of this article.
[3] 
The facility has a legally obligated entity responsible for its long-term operation and maintenance.
N. 
Fee in lieu of on-site stormwater management practices. Where the Village waives all or part of the minimum on-site stormwater management requirements under this article, the applicant may be required to pay a fee in an amount determined in negotiation with the Planning and Development Department. In setting the fee for land development projects, the Planning and Development Department shall consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of the on-site or regional stormwater management practices needed to serve the land development.
A. 
Permit required. No landowner or land operator may undertake a land development activity subject to the stormwater management regulations of this article without receiving a permit from the Planning and Development Department prior to commencing the proposed activity.
B. 
Permit application, fees and costs. Unless specifically excluded by this section, any landowner or operator desiring a permit shall submit to the Village a permit application made on a form provided.
(1) 
A permit application must be accompanied by the following in order that the permit application be considered by the Planning and Development Department: a stormwater management plan, a maintenance agreement, and a nonrefundable permit administration fee.
(2) 
The stormwater management plan, maintenance agreement, financial guarantee and fees shall meet the requirements of this article.
(3) 
The applicant shall reimburse the Village for all of the Village's costs and expenses incurred (including professional and attorney fees) in reviewing the application.
C. 
Review and approval of permit application. The Planning and Development Department shall review any permit application that is submitted with a stormwater management plan, maintenance agreement, and the required fees. The following approval procedure shall be used:
(1) 
Within 30 business days of the receipt of a complete permit application, including all items as required by this section, the Planning and Development Department shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved.
(2) 
If the stormwater permit application, plan and maintenance agreement are approved, or if an agreed-upon payment of fees in lieu of stormwater management practices is made, the Planning and Development Department shall issue the permit.
(3) 
If the stormwater permit application, plan or maintenance agreements are disapproved, the Planning and Development Department shall detail in writing of the reasons for disapproval.
(4) 
If additional information is submitted, the Planning and Development Department shall have 15 business days from the date the additional information is received to inform the applicant that the plan and maintenance agreement are either approved or disapproved.
D. 
Permit conditions. All permits issued under this article shall be subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions. The Planning and Development Department may suspend or revoke a permit for violation of a permit condition, following written notification of the permittee. An action to suspend or revoke this permit may be appealed in accordance with the following:
(1) 
Compliance with this permit does not relieve the permit holder of the responsibility to comply with other applicable federal, state, and local laws and regulations.
(2) 
The permit holder shall design and install all structural and nonstructural stormwater management measures in accordance with the approved stormwater management plan and this permit.
(3) 
The permit holder shall notify the Planning and Development Department at least three working days before commencing any work in conjunction with the stormwater management plan and within the next working day upon completion of the stormwater management practices. If required as a special condition, the permit holder shall make additional notification according to a schedule set forth by the Village so that practice installations can be inspected during construction.
(4) 
Practice installation required as part of this article shall be certified "as built" by a licensed professional engineer. Completed stormwater management practices must pass a final inspection to determine if they are in accordance with the approved stormwater management plan and this article. The Planning and Development Department shall notify the permit holder in writing of any changes required in such practices to bring them into compliance with the conditions of the permit.
(5) 
The permit holder shall notify the Planning and Development Department of any significant modifications it intends to make to an approved stormwater management plan. The Planning and Development Department may require that the proposed modifications be submitted for approval prior to incorporation into the stormwater management plan and execution.
(6) 
The permit holder shall maintain all stormwater management practices in accordance with the stormwater management plan until the practices are transferred to subsequent private owners as specified in the approved maintenance agreement.
(7) 
The permit holder authorizes the Village 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 § 66.0627, Wis. Stats., as amended from time to time, or to charging such costs against the financial guarantee posted under this article.
(8) 
If so directed by the Planning and Development Department, the permit holder shall repair at the permit holder's own expense all damage to adjoining municipal facilities and drainageways caused by stormwater runoff, where such damage is caused by activities that are not in compliance with the approved stormwater management plan.
(9) 
The permit holder shall permit property access to the Village personnel for the purpose of inspecting the property for compliance with the approved stormwater management plan and this permit.
(10) 
Where a stormwater management plan involves changes in direction, increases in peak rate and/or total volume of runoff from a site, the Village may require the permittee to make appropriate legal arrangement with adjacent property owners concerning the prevention of endangerment to property or public safety.
(11) 
The permit holder is subject to the enforceable actions detailed in this article if the permit holder fails to comply with the terms of this permit.
E. 
Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the Village notifies the permit holder that all stormwater management practices have passed the final inspection required under the permit.
A. 
Plan requirements.
(1) 
The stormwater management plan required under this article shall contain any information the Planning and Development Department may need to evaluate the environmental characteristics of the area affected by land development activity, the potential impacts of the proposed development upon the quality and quantity of stormwater discharges, the potential impacts upon water resources and drainage utilities, and the effectiveness and acceptability of proposed stormwater management measures in meeting the performance standards set forth in this section.
(2) 
The plan shall include computations of peak flow rates and discharge volumes at each point of discharge into and out of the site concerned under existing and planned development and redevelopment conditions.
(3) 
The data shall include times of concentration to key junctions in flow paths and to points of discharge into and out of the site.
(4) 
The plan shall consist of narrative descriptions and explanations; maps, charts and graphs; tables; photographs; supporting calculations; and references to recognized engineering text and manuals as may be necessary to provide a clear and concise description of the plan. The sources of maps and data presented in the plan shall be identified.
(5) 
For phased developments, the site development stormwater management plan shall consider the cumulative effect of all phases.
(6) 
Unless specified otherwise by this article, stormwater management plans shall contain at a minimum the following information:
(a) 
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.
(b) 
A proper legal description of the property proposed to be developed referenced to the United States Public Land Survey system or to block and lot numbers with a recorded land subdivision plat.
(c) 
Description of predevelopment site conditions and supporting documentation.
(d) 
Description of postdevelopment site conditions and supporting documentation.
(e) 
Description of anticipated impacts and supporting documentation.
(f) 
Description of proposed stormwater management facilities and measures and supporting documentation.
B. 
Predevelopment site conditions. The plan shall include a map and description of the existing conditions of the site concerned, including:
(1) 
A map of the site at a scale of one inch equals 100 feet or larger showing the property boundaries referenced to the United States Public Land Survey system or to a lot and block of a recorded subdivision plat and the topography of the site, including contours shown at an interval of two feet or less, together with such spot elevations as may be necessary; the contours and spot elevations shall be referenced to the National Geodetic Vertical Datum of 1929, or to Village datum with prior written approval from the Planning and Development Department.
(2) 
The hydrologic and hydraulic characteristics of the site, including drainage flow paths and directions of flow onto, through, and out of the site; related drainage basin boundaries, including off-site tributary areas; and times of concentration.
(3) 
The location of areas where stormwater may collect or percolate into the ground.
(4) 
Locations where runoff enters the site from adjacent tributary areas together with the size of those areas expressed in acres.
(5) 
Locations where runoff leaves the site and the contributing watersheds to each of these locations expressed in acres.
(6) 
Groundwater elevations referred to the National Geodetic Vertical Datum of 1929 or to Village datum with prior written approval from the Planning and Development Department.
(7) 
Soils by hydrologic group.
(8) 
Cover type and condition.
(9) 
Location and extent of impervious surfaces, including type and condition of the surfaces.
(10) 
Locations and outlines of all buildings or other structures.
(11) 
Location of all receiving bodies of surface water on or within 100 feet of the site into which stormwater flows.
(12) 
Locations and size of wetlands on or within 100 feet of the site.
(13) 
Location and extent of the one-hundred-year recurrence interval flood hazard area associated with any perennial stream or watercourse on or within 100 feet of the site.
(14) 
Information regarding current water quality objectives and current water quality conditions in any perennial watercourses located on or within 100 feet to the site.
(15) 
Locations, sizes, and elevations of all existing storm sewers, channels, ditches, detention or retention ponds, or other engineered drainage facilities on or within 100 feet of the site, the elevations being referred to the National Geodetic Datum of 1929 or to Village datum with prior written approval from the Planning and Development Department.
C. 
Proposed postdevelopment site conditions. The plan shall describe the alterations proposed at the site and the resulting proposed postdevelopment conditions. The description shall include:
(1) 
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;
(2) 
Proposed changes in the planimetry of the site and in the topography of the site by contours having the same contour interval and referred to the same datum as used to present the topography of the existing site conditions;
(3) 
The location and outline of all proposed buildings or other structures;
(4) 
Changes in the location, extent and type of impervious surfaces;
(5) 
The location and extent of areas where vegetation is to be disturbed or planted;
(6) 
Impacts on existing natural storage or infiltration areas;
(7) 
Changes in the drainage flow paths into, through, and out of the site and related changes in drainage basin boundaries;
(8) 
The location, elevations, and sizes of all proposed minor and major stormwater management facilities, the former including all storm sewers and inlets and the latter including curbed roadways, roadway ditches, culverts, storage facilities, and interconnected flow paths, all elevations being referred to the National Geodetic Vertical Datum of 1929 or to Village datum with prior written approval from the Village;
(9) 
Any changes to lakes, streams, watercourses, or wetlands on or within 100 feet of the site concerned; and
(10) 
The location and widths of required public rights-of-way or easements needed to accommodate the recommended stormwater management facilities.
D. 
Anticipated impacts. The plan shall contain a description of the following anticipated impacts of stormwater runoff from the proposed development, redevelopment, or land development as managed by the facilities and measures recommended in the plan. All major assumptions used in developing input parameters shall be clearly stated. The computations shall be made for each discharge point into and out of the site, and the geographic areas used in making the calculations shall be clearly cross-referenced to the required map(s), including off-site tributary watershed areas.
(1) 
Computed one-hundred-year, twenty-four-hour, SCS Type II peak runoff rate at each location where runoff enters and leaves the site, expressed in cubic feet per second;
(2) 
Computed two-year, twenty-four-hour, SCS Type II peak runoff rate at each location where runoff enters and leaves the site, expressed in cubic feet per second;
(3) 
Computed peak runoff rate corresponding to 0.15 cubic foot per second per acre at each location where runoff leaves the site, expressed in cubic feet per second;
(4) 
Computed peak runoff rate corresponding to 0.5 cubic foot per second per acre at each location where runoff leaves the site, expressed in cubic feet per second;
(5) 
Computed runoff volume for the one-and-one-half-inch, four-hour rainfall;
(6) 
Changes in the locations and conveyance capacities of stormwater discharge points from and to the site concerned;
(7) 
Adequacy of receiving storm sewer, engineered stormwater management facility or watercourse to convey or store the anticipated peak rate of stormwater discharge from the site concerned, giving due consideration to existing and off-site flows;
(8) 
Changes in the location and extent of the one-hundred-year recurrence interval flood hazard area of any perennial watercourse location within, through, or within 100 feet of the site concerned;
(9) 
Results of investigations of soils and groundwater required for the placement and design of stormwater management measures; and
(10) 
Changes in groundwater elevations referred to National Geodetic Vertical Datum of 1929 or to Village datum with prior written approval from the Planning and Development Department.
E. 
Proposed stormwater management facilities and measures. The plan shall include a definitive description of the proposed stormwater management facilities and measures for the control of the quantity and quality of the anticipated stormwater runoff from the proposed development, redevelopment, or land division. All site investigations, plans, designs, computations, and drawings shall be certified as prepared in accordance with accepted current engineering practice and in accordance with the Wisconsin Stormwater Manual, Part 2: Technical Design Guidelines for Stormwater Best Management Practices, Wisconsin Construction Site Best Management Practices Handbook, and Standard Specifications for Sewer and Water Construction in Wisconsin. The description of the proposed management facilities shall include:
(1) 
For detention and retention facilities: locations, areas, depths, volumes, inlet and outlet configurations, and elevation of the bottoms, and of key inlet and outlet control structures, all elevations being referred to National Geodetic Vertical Datum of 1929 or to Village datum with prior written approval from the Planning and Development Department;
(2) 
For conveyance facilities: locations of inlets and manholes and associated rim and invert elevations, and pipe sizes, slope and materials; locations, elevations, and cross sections of ditches, swales and channels; and culvert sizes, inlet and outlet configurations and elevations, all elevations being referred to National Geodetic Vertical Datum of 1929 or to Village datum with prior written approval from the Planning and Development Department;
(3) 
Design computations and all applicable assumptions for the stormwater conveyance (open channel, closed pipe, etc.) system;
(4) 
Detailed drawings including cross sections and profiles of all permanent stormwater conveyance and treatment practices;
(5) 
Design computations and all applicable assumptions for stormwater quality practices (sedimentation type, filtration type, and infiltration type) as needed to show that practices are appropriately sized to accommodate runoff from the one-and-one-half-inch rainfall;
(6) 
For practice designs that depart from those specified in the Wisconsin Stormwater Manual, Part 2: Technical Design Guidelines for Stormwater Best Management Practices, the results of continuous simulation modeling, conducted according to the guidelines established in that manual, shall be presented in such a way as to show the reduction in average annual total suspended solids loading from the developed site;
(7) 
Erosion control plan in accordance with the Wisconsin Construction Site Best Management Practices Handbook, published and periodically updated by the Wisconsin Department of Natural Resources;
(8) 
Measures to abate any potential pollution of surface water and groundwater;
(9) 
A schedule for the construction of the recommended stormwater management facilities and estimates of attendant capital and operation and maintenance costs;
(10) 
A maintenance plan developed for the life of each stormwater management practice, including the required maintenance activities and maintenance activity schedule;
(11) 
A landscaping plan in accordance with Wisconsin Stormwater Manual, Part 2: Technical Design Guidelines for Stormwater Best Management Practices; and
(12) 
Other information as needed by the Village to determine compliance of the proposed stormwater management measures with the provisions of this article.
F. 
Exceptions. The Village may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under this article.
A. 
Maintenance agreement required. The maintenance agreement required for stormwater management practices under this article shall be an agreement between the Village and the permittee to provide for maintenance of stormwater practices beyond the duration period of this permit. The agreement shall be binding upon all subsequent owners of land served by the stormwater management practices and shall be prepared in recordable form and shall be recorded with the Milwaukee County Register of Deeds.
B. 
Agreement provisions. The maintenance agreement shall contain the following information and provisions:
(1) 
Identification of the stormwater facilities and designation of the drainage area served by the facilities;
(2) 
A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan;
(3) 
Identification of the landowner(s), organization or municipality responsible for long-term maintenance of the stormwater management practices;
(4) 
The landowner(s), organization, or municipality shall maintain stormwater management practices in accordance with the schedule included in the agreement;
(5) 
The Village and its employees or agents are authorized to access the property to conduct inspections of stormwater practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement;
(6) 
The Village will maintain public records of the results of the site inspections and inform the landowner responsible for maintenance of the inspection results and of any corrective actions required to bring the stormwater management practice into proper working condition;
(7) 
That if the Village Building Inspector notifies the party designated under the maintenance agreement of maintenance problems that require correction, the specific corrective actions shall be taken within a reasonable time frame determined by the Village; and
(8) 
The Village is authorized to perform the corrective actions identified in the inspection report if the landowner does not make the required corrections in the specified time period. The Village shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to § 66.0627, Wis. Stats., as amended from time to time.
A. 
Establishment of the guarantee. The Village may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the Village. The financial guarantee shall be in an amount determined by the Village to be the estimated cost of construction and the estimated cost of maintenance during the period which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the Village the authorization to use the funds to complete the project if the landowner defaults or does not property implement the approved stormwater management plan.
B. 
Conditions for release. Conditions for the release of the financial guarantee are as follows:
(1) 
The Village shall release the portion of the financial guarantee established to assure installation of stormwater practices, minus any costs incurred by the Village to complete installation of practices, upon submission of as-built plans by a licensed professional engineer. The Village may make provisions for a partial pro rata release of the financial guarantee based on the completion of various development stages.
(2) 
The Village shall release the portion of the financial security established to assure maintenance of stormwater practices, minus any costs incurred by the Village, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement.
Fees as described in this article are set forth in the Village Fee Schedule. Fees shall be related to the costs involved in handling permit applications, reviewing plans, conducting site inspections, and administering the stormwater management program.
A. 
Discharges prohibited. No person may discharge, spill or dump substances or materials which are not entirely composed of stormwater into receiving bodies of water, storm sewers of drainage facilities, or onto driveways, sidewalks, parking lots or other areas that discharge into the Village drainage system.
B. 
Connections prohibited. It shall be a violation of this article to connect a sanitary sewer pipe or drain, connect a pipe or drain that contributes pollutants associated with industrial activity; or connect any other hydraulic conveyance facility that introduces nonstormwater discharges to the Village stormwater drainage system and facilities. All such nonstormwater discharges into the Village stormwater system and facilities shall be defined as illicit discharges. Illicit discharges shall cease, desist, and be abated by the person or persons responsible within 24 hours of notice from the Village.
C. 
Exemptions. The following activities are exempt from the provisions of this section unless found to have an adverse impact on the stormwater:
(1) 
Discharges authorized by a permit issued by the Wisconsin Department of Natural Resources;
(2) 
Discharges resulting from fire-fighting activities;
(3) 
Discharges in compliance with construction site erosion controls or stormwater management regulations contained in this article;
(4) 
Facility maintenance activities undertaken by any federal, state, county, or municipal agency, such activities, however, being subject to construction erosion control measures; and
(5) 
Discharges from uncontaminated pumped groundwater, potable water source, roof drains, foundation drain and sump pump, air-conditioning condensation, springs, lawn watering or irrigation, individual residential car washing, and swimming pools if the water has been dechlorinated.
D. 
Penalty. Violations shall be subject to enforcement procedures and penalties set forth in § 250-20.
A. 
Inspection. The Village is authorized to carry out inspections, investigations, and monitoring to assess and confirm compliance with the requirements of this article.
(1) 
The Village is authorized to inspect, conduct surveillance, and monitor the municipal drainage system and discharge outfalls to assess system performance and water quality on a regular basis. Findings of noncompliance with this article during regular inspection, surveillance, or monitoring of the Village drainage system shall initiate further investigation to identify the source of the pollution discharge to the drainage system.
(2) 
The Village is authorized to inspect land development activity for compliance with permit conditions as defined in this article.
B. 
Public nuisance. The following shall be deemed to constitute public nuisances and may be prosecuted as such by the Village or by aggrieved property owners:
(1) 
Any development, redevelopment, or property land division that is commenced without an approved stormwater management plan as required by this article;
(2) 
Any land development activity initiated after the effective date of this article by any person, firm, association, or corporation subject to the provisions of this article shall be deemed a violation unless conducted in accordance with said provisions;
(3) 
Any drainage facility not maintained in accordance with this article;
(4) 
Any illicit discharge as defined in this article to the Village stormwater drainage system and facilities; and
(5) 
Any activity that adversely impacts on surface water or groundwater quality or endangers the health and safety of the public.
C. 
Compliance order. The Village may notify the responsible owner or operator of any noncomplying activity by personal service or by certified mail to the last know address. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action that may be taken.
(1) 
Upon receipt of written notification from the Village, the responsible owner or operator of the noncomplying activity or property shall make corrections as necessary to meet the requirements set forth in this article.
(2) 
If the permit holder or the person(s) in violation of this article continue noncompliant practices, Village personnel may enter upon the land and perform the work or other operations necessary to bring said activity into conformance with requirements of this article. The Village shall keep a detailed accounting of the costs and expenses of performing this work. If applicable, these costs and expenses shall be deducted from any financial security posted pursuant to this article. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.
(3) 
The Village is authorized to post a stop order on all activity in violation of this article or to request the Village Attorney to obtain a cease and desist order.
(4) 
If the violations of this article are likely to result in damage to private properties, public facilities, or waters of the state, Village personnel may take emergency actions necessary to prevent such damage. The costs incurred by the Village plus interest and legal costs shall be billed to the owner of title of the property.
(5) 
The Planning and Development Department may revoke a permit issued under this article for noncompliance with this article.
(6) 
Compliance with this article may be enforced by injunction, citation, and abatement of nuisance or other appropriate and available remedy. It shall not be necessary to prosecute for forfeiture before resorting to injunctional proceedings.
D. 
Penalty. Any person, firm, association, or corporation who or which does not comply with the provisions of this article shall be subject to a forfeiture of not less than $50 nor more than $1,000 per offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.
A. 
Board of Appeals. The Board of Appeals created pursuant to Article X of Chapter 535, Zoning, of the Village Code as authorized by §§ 62.23(7)(e) and 68.11, Wis. Stats.:
(1) 
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Village in administering this article;
(2) 
Upon appeal, may authorize special exceptions or 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 article will result in unnecessary hardship; and
(3) 
Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing special exceptions or variances.
B. 
Who may appeal. Appeals to the Board of Appeals may be taken by any aggrieved party.