[HISTORY: Adopted by the Village Board of the Village of Shorewood 5-17-2021 by Ord. No. 3024.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter also repealed former Ch. 250, Construction Site Erosion Control and Stormwater Management, which consisted of Art. I, Construction Site Erosion Control, adopted 8-3-1994 by Ord. No. 1697 (Ch. 9, Art. 3A of the 1986 Code) and Art. II, Stormwater Management, adopted 12-15-2003 by Ord. No. 1861 (Ch. 9, Art. 3B of the 1986 Code).
A. 
This chapter is adopted under the authority granted by § 61.354, Wis. Stats. This chapter supersedes all provisions of an ordinance previously enacted under § 61.35, Wis. Stats., that relate to construction site erosion and sediment control. Except as otherwise specified in § 61.354, Wis. Stats., § 61.35, Wis. Stats., applies to this chapter and to any amendments to this chapter.
B. 
The provisions of this chapter are deemed not to limit any other lawful regulatory powers of the Village of Shorewood.
C. 
The Village of Shorewood hereby designates the Village Manager or his/her designee to administer and enforce the provisions of this chapter.
D. 
The requirements of this chapter do not preempt more stringent erosion and sediment control requirements that may be imposed by any of the following:
(1) 
Wisconsin Department of Natural Resources administrative rules, permits, or approvals, including those authorized under §§ 281.16 and 283.33, Wis. Stats.
(2) 
Targeted nonagricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Adm. Code.
The Village of Shorewood acknowledges that runoff from land disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in the Village of Shorewood.
It is the purpose of this chapter to maintain safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion and sediment discharge; protect spawning grounds, fish, and aquatic life; control building sites, placement of structures, and land uses; preserve ground cover and scenic beauty; and promote sound economic growth by minimizing the amount of sediment and other pollutants carried by runoff or discharged from land disturbing construction activity to waters of the state in the Village of Shorewood.
A. 
Applicability.
(1) 
Except as provided under Subsection A(2), this chapter applies to any construction site as defined under § 250-5.
(2) 
This chapter does not apply to any of the following:
(a) 
Transportation facilities, except transportation facility construction projects that are part of a larger common plan of development such as local roads within a residential or industrial development.
(b) 
The construction of a building that is otherwise regulated by the Wisconsin Department of Safety and Professional Services (DSPS) in Chs. SPS 320 to 325 or SPS 361 to 366, Wis. Adm. Code.
(c) 
A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under 40 CFR Part 122, for land disturbing construction activity.
(d) 
Nonpoint discharges from agricultural facilities and practices.
(e) 
Nonpoint discharges from silviculture activities.
(f) 
Routine maintenance for project sites that have less than five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility.
(3) 
Notwithstanding the applicability requirements in Subsection A(1), this chapter applies to construction sites of any size that, as determined by the administering authority, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, or that increases water pollution by scouring or transporting of particulate.
B. 
Jurisdiction. This chapter applies to land disturbing construction activity on lands within the boundaries and jurisdiction of the Village of Shorewood;
C. 
Exclusions. This chapter is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats.
As used in this article, the following terms shall have the meanings indicated:
ADMINISTERING AUTHORITY
A governmental employee, or a regional planning commission empowered under § 61.354, Wis. Stats., that is designated by the Village of Shorewood to administer this chapter.
AGRICULTURAL FACILITIES AND PRACTICES
Has the meaning given in § 281.16(1), Wis. Stats.
BEST MANAGEMENT PRACTICE or BMP
Structural or nonstructural measures, practices, techniques, or devices employed to avoid or minimize soil, sediment, or pollutants carried in runoff to waters of the state.
BUSINESS DAY
A day the office of the Building Inspector is routinely and customarily open for business.
CEASE-AND-DESIST ORDER
A court-issued order to halt land disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the Building Inspector.
CONSTRUCTION SITE
An area upon which one or more of the following land disturbing construction activities applies:
A. 
Those requiring a subdivision plat approval or the construction of houses or commercial, industrial or institutional buildings on lots of approved subdivision plats;
B. 
Those requiring a certified survey approval or the construction of houses or commercial, industrial or institutional buildings on lots of approved certified surveys;
C. 
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;
D. 
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;
E. 
Those involving street, highway, road, or bridge construction, enlargement, relocation, or reconstruction;
F. 
Those involving the laying, repairing, replacing, or enlarging of an underground pipe or facility for a distance of 300 feet or more; and
G. 
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.
H. 
Notwithstanding the applicability requirements in Subsection A, this chapter applies to construction sites of any size that, as determined by the Village Board or their designee, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, or that increases water pollution by scouring or transporting of particulate.
CONTROL PLAN
A written description of the number, locations, sizes, and other pertinent information of control measures designed to meet the requirements of this chapter.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.
DIVISION OF LAND
The creation from one parcel of two or more parcels or building sites of five or fewer acres each in area when such creation occurs at one time or through the successive partition within a five-year period.
EROSION
The process by which the land's surface is worn away by the action of wind, water, ice, or gravity.
EROSION AND SEDIMENT CONTROL PLAN
A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
EXCAVATE or EXCAVATING
The act of removing materials such as, but not limited to, earth, clay, soil, ground, stone, rocks and sand, from land, for the purpose of or which has the resultant effect of changing the existing contour of, or lowering, or raising, the elevation of said land or any part thereof.
EXTRATERRITORIAL
The unincorporated area within three miles of the corporate limits of a first, second, or third class city, or within 1.5 miles of a fourth class city or village.
FILL or FILLING
The act of placing, setting down or depositing solid fill on land for the purpose of or which has the resulting effect of changing the existing contour or of raising the elevation of said land or any part thereof.
FINAL STABILIZATION
That all land disturbing construction activities at the construction site have been completed and that a uniform perennial vegetative cover has been established with a density of at least 70% of the cover for the unpaved areas and areas not covered by permanent structures or that employ equivalent permanent stabilization measures.
LAND DEVELOPMENT ACTIVITY
The construction of buildings, roads, parking lots, paved storage areas and similar facilities.
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, filling, and grading activities.
LANDOWNER
Any person holding fee title, an easement or other interest in property that allows the person to undertake cropping, livestock management, land disturbing construction activity, or maintenance of stormwater BMPs on the property.
MAXIMUM EXTENT PRACTICABLE
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this chapter as determined in accordance with § 250-5.5 of this chapter.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
PERMIT
A written authorization made by the Village Manager or his/her designee to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.
PERSON
Includes any natural person, firm, corporation, or partnership.
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
RESPONSIBLE PARTY
The landowner or any other entity performing services to meet the requirements of this chapter through a contract or other agreement.
RUNOFF
Stormwater or precipitation including rain, snow, or ice melt or similar water that moves on the land surface via sheet or channelized flow.
SEDIMENT
Settleable solid material that is transported by runoff, suspended within runoff, or deposited by runoff away from its original location.
SILVICULTURE ACTIVITY
Activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.
SITE
The entire area included in the legal description of the land on which the land disturbing construction activity is proposed in the permit application.
SOLID FILL
Solid fill is earth, clay, soil, ground, stone, rocks, broken concrete without reinforcement, if the same does not exceed 18 inches at its largest dimension, or any mixture or combination of the foregoing.
STOP-WORK ORDER
An order issued by the Building Inspector that requires that all construction activity on the site be stopped.
TECHNICAL STANDARD
A document that specifies design, predicted performance, and operation and maintenance specifications for a material, device, or method.
TRANSPORTATION FACILITY
A highway, a railroad, a public mass transit facility, a public-use airport, a public trail, or any other public work for transportation purposes, such as harbor improvements under § 85.095(1)(b), Wis. Stats.
WATERS OF THE STATE
Includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems, and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.
WETLAND
Those areas where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions, which are two acres or greater in size. The size of the wetland area shall be measured by the outer dimensions of the wetland area that is a contiguous wetland, regardless of whether the wetland area is contained on one or more parcels of land under single or multiple ownership.
WETLAND ALTERATION
Any filling, flooding, draining, dredging, tiling, excavating, temporary water level stabilization measures, or dike and dam construction in a wetland area.
WIS. ADM. CODE
The Wisconsin Administrative Code, published under § 35.93, Wis. Stats.
WIS. STATS.
The Wisconsin Statutes, published under § 35.18, Wis. Stats.
Maximum extent practicable applies when a person who is subject to a performance standard of this chapter demonstrates to the Village Board's satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the responsible party shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties.
All BMPs required for compliance with this chapter shall meet design criteria, standards, and specifications based on any of the following:
A. 
Design guidance and technical standards identified or developed by the Wisconsin Department of Natural Resources under Subchapter III of Ch. NR 151, Wis. Adm. Code.
B. 
Soil loss prediction tools [such as the Universal Soil Loss Equation (USLE)] when using an appropriate rainfall or runoff factor (also referred to as the "R factor") or an appropriate design storm and precipitation distribution, and when considering the geographic location of the site and the period of disturbance.
C. 
Technical standards and methods approved by the Village Board.
A. 
Responsible party. The responsible party shall comply with this section and the performance standards set forth in § NR 151.105, Wis. Adm. Code.
B. 
Erosion and sediment control practices. Erosion and sediment control practices at each site where land disturbing construction activity is to occur shall be used to prevent or reduce all of the following:
(1) 
The deposition of soil from being tracked onto streets by vehicles.
(2) 
The discharge of sediment from disturbed areas into on-site stormwater inlets.
(3) 
The discharge of sediment from disturbed areas into adjacent waters of the state.
(4) 
The discharge of sediment from drainageways that flow off the site.
(5) 
The discharge of sediment by dewatering activities.
(6) 
The discharge of sediment eroding from soil stockpiles existing for more than seven days.
(7) 
The transport by runoff into waters of the state of chemicals, cement, and other building compounds and materials on the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subdivision.
C. 
Location. The BMPs shall be located so that treatment occurs before runoff enters waters of the state.
D. 
Implementation. The BMPs used to comply with this section shall be implemented as follows:
(1) 
Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin.
(2) 
Erosion and sediment control practices shall be maintained until final stabilization.
(3) 
Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site.
(4) 
Temporary stabilization activity shall commence when land disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
(5) 
BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
A. 
Responsible party. The responsible party shall comply with this section and implement the erosion and sediment control plan developed in accordance with § 250-10 and the performance standards set forth in § NR 151.11, Wis. Adm. Code.
B. 
Erosion and sediment control plan. A written site-specific erosion and sediment control plan shall be developed in accordance with § 250-10 of this chapter and implemented for each construction site.
C. 
Erosion and other pollutant control requirements. The erosion and sediment control plan required under Subsection B shall include all of the following:
(1) 
Erosion and sediment control practices. Erosion and sediment control practices at each site where land disturbing construction activity is to occur shall be used to prevent or reduce all the following:
(a) 
The deposition of soil from being tracked onto streets by vehicles.
(b) 
The discharge of sediment from disturbed areas into on-site stormwater inlets.
(c) 
The discharge of sediment from disturbed areas into adjacent waters of the state.
(d) 
The discharge of sediment from drainageways that flow off the site.
(e) 
The discharge of sediment by dewatering activities.
(f) 
The discharge of sediment eroding from soil stockpiles existing for more than seven days.
(g) 
The discharge of sediment from erosive flow at outlets and in downstream channels.
(h) 
The transport by runoff into waters of the state of chemicals, cement, and other building compounds and materials on the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subsection.
(i) 
The transport by runoff into waters of the state of untreated wash water from vehicle and wheel washing.
(2) 
Sediment performance standards. In addition to the erosion and sediment control practices under Subsection C(1), the following erosion and sediment control practices shall be employed:
(a) 
BMPs that, by design, discharge no more than five tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization.
(b) 
No person shall be required to employ more BMPs than are needed to meet a performance standard in order to comply with maximum extent practicable. Erosion and sediment control BMPs may be combined to meet the requirements of this subsection. Credit may be given toward meeting the sediment performance standard of this subsection for limiting the duration or area, or both, of land disturbing construction activity, or for other appropriate mechanisms.
(c) 
Notwithstanding Subsection C(2)(a), if BMPs cannot be designed and implemented to meet the sediment performance standard, the erosion and sediment control plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.
(3) 
Preventive measures. The erosion and sediment control plan shall incorporate all of the following:
(a) 
Maintenance of existing vegetation, especially adjacent to surface waters whenever possible.
(b) 
Minimization of soil compaction and preservation of topsoil.
(c) 
Minimization of land disturbing construction activity on slopes of 20% or more.
(d) 
Development of spill prevention and response procedures.
(4) 
Location. The BMPs used to comply with this section shall be located so that treatment occurs before runoff enters waters of the state.
D. 
Implementation. The BMPs used to comply with this section shall be implemented as follows:
(1) 
Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin in accordance with the erosion and sediment control plan developed in § 250-8B.
(2) 
Erosion and sediment control practices shall be maintained until final stabilization.
(3) 
Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site.
(4) 
Temporary stabilization activity shall commence when land disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
(5) 
BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
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. 
Permit application and fees. The responsible party that will undertake a land disturbing construction activity subject to this chapter shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 250-10, and shall pay an application fee to the Village Clerk in the amount specified in § 250-11. By submitting an application, the applicant is authorizing the Building Inspector to enter the site to obtain information required for the review of the erosion and sediment control plan.
C. 
No permit under the provisions of Subsection B hereof shall be issued until the application shall have been submitted to and approved by the Building Inspector, and, further, that if the land disturbing construction activity will result in the construction of a hill, mound, or berm exceeding four feet in height, then the application for permit shall also be subject to approval of the Building Board of the Village of Shorewood. Fill shall be placed and materials excavated only where and as approved by the Engineer.
D. 
The Village Board shall have the right to revoke any permit at any time and/or direct the Clerk not to renew a permit if, in the judgment of the Village Board, the permittee has failed or refused to comply with any of the regulations relating to the filling or excavation of lands.
E. 
Permit application review and approval. The Planning and Development Department shall review any permit application that is submitted with an erosion and sediment control plan and the required fee. All of the following approval procedure shall be used:
(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.
F. 
Surety bond. 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.
G. 
Permit requirements. All permits shall require the permittee to:
(1) 
Notify the Building Inspector within 48 hours of commencing any land disturbing construction activity.
(2) 
Notify the Building Inspector of completion of any BMPs within 14 days after their installation.
(3) 
Obtain permission, in writing, from the Building Inspector prior to any modification pursuant to § 250-10C of the erosion and sediment control plan.
(4) 
Install all BMPs as identified in the approved erosion and sediment control plan.
(5) 
Maintain all road drainage systems, stormwater drainage systems, BMPs, and other facilities identified in the erosion and sediment control plan.
(6) 
Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land disturbing construction activities and document repairs in a site inspection log.
(7) 
Inspect the BMPs within 24 hours after each rain of 0.5 inches or more that results in runoff during active construction periods and at least once each week. Make needed repairs and install additional BMPs as necessary and document these activities in an inspection log that also includes the date of inspection, the name of the person conducting the inspection, and a description of the present phase of the construction at the site.
(8) 
Allow the Building Inspector to enter the site for the purpose of inspecting compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with the erosion and sediment control plan.
(9) 
Post a copy of the erosion and sediment control permit and plan at the construction site as set forth in the Village Code.
(10) 
Identify and delineate any wetlands that will be altered. Delineation of wetlands shall be performed by any of the following: Department of Natural Resources. Southeastern Wisconsin Regional Planning Commission, or other qualified professional.
(11) 
Obtain all required permits from the Wisconsin Department of Natural Resources and/or the Army Corps of Engineers necessary to alter any wetlands.
(12) 
Persons liable. The owner, lessee, and/or any other person having possession and control over any operation under the terms of this chapter shall be responsible for the acts of his or its agents, servants, or employees, to the same extent as though their acts were the acts of such principal; and such owner, lessee, and/or other person shall be subject to prosecution for violation of the provisions of this chapter by any of his or its agents, servants, or employees, and any penalty imposed under the terms of this chapter may be imposed upon said principal, and/or upon the agents, servants or employees, or either or both of them.
(13) 
Obstruction to drainage prohibited. No person shall engage in land development activity, land disturbing construction activity, fill or excavate upon any lands within the Village of Shorewood, whether pursuant to permit or not, so as to interfere with the natural flow of surface water in accordance with existing grades, or along any surface water drainage channel or natural watercourse.
(14) 
Dumping prohibited. No person, firm or corporation shall dump or permit, or cause to be dumped, any materials other than solid fill as defined to § 250-5 hereof upon any lands in the Village of Shorewood.
H. 
Permit duration. 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.
I. 
Maintenance. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of this chapter until the site has undergone final stabilization.
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, post-construction 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 streambed 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 backup 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.
POST-CONSTRUCTION SITE
A construction site following the completion of land disturbing construction activity and final site stabilization.
POST-CONSTRUCTION STORMWATER DISCHARGE
Any stormwater discharged from a site following the completion of land disturbing construction activity and final site stabilization.
POST-DEVELOPMENT 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 1% 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 "100-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.
A. 
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.
B. 
Public easements shall overlay all public storm sewers, ditches and swales not located in Village owned right-of-way. All public drainage easements shall be labeled as "Public Drainage Easements" on plats of survey, site plans, and as-built drawings.
A. 
Applicability. This section applies as set forth below to land development activities that meet applicability criteria specified in this section. This section 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) 
Applicability requirements listed in the current publication of Chapter 13 Surface Water and Stormwater of the Milwaukee Metropolitan Sewerage District Rules.
(2) 
Applicability requirements listed in the current publication of Ch. NR 151, Wis. Adm. Code, Runoff Management, Subchapter III, Non-Agricultural Performance Standards
(3) 
For phased developments, the cumulative effect of all phases shall be considered.
(4) 
Land development activity of any size that, as determined by majority vote of the Village Board after consulting with the Village Engineer and the Department of Public Works, is likely to result in stormwater runoff which exceeds the safe capacity of existing Village-owned drainage facilities or receiving surface waters, 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.
B. 
Jurisdiction. This section applies to all lands and waters, and all land development activities within boundaries of the Village of Whitefish Bay.
C. 
Exemptions. The following activities are exempt from stormwater management plan requirements:
(1) 
Exemptions from discharge quantity requirements shall be those listed in the current publication of Chapter 13 (Surface Water and Stormwater) of the Milwaukee Metropolitan Sewerage District Rules;
(2) 
Exemptions from discharge quality requirements shall be those listed in Ch. NR 151, Wis. Adm. Code, Runoff Management, Subchapter III, Non-Agricultural Performance Standards;
(3) 
Facilities, or portions thereof, for which a special exception is granted pursuant to Section 16.20 of the Zoning Code.
A. 
Stormwater management criteria.
(1) 
The site-specific stormwater management system plan required under the provisions of this section 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 stormwater management plan should consider an analysis of at least two green infrastructure BMPs appropriate for the site as compared to the use of traditional BMPs only. If green infrastructure BMPs are not proposed, the analysis should include a Wisconsin professional engineer's statement as to why green infrastructure BMPs are not suitable or recommended for the stormwater management plan.
B. 
Stormwater discharge quantity standards.
(1) 
The conveyance and storage facilities incorporated into the site-specific stormwater management system plan required under this section shall be designed as an integral part of complementary minor and major subsystem.
(2) 
The minor subsystem 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 NOAA Atlas 14, Precipitation-Frequency Atlas of the US, Volume 8, Version 2.0: Midwestern States, Published in 2013.
(3) 
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 100-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.
(4) 
Unless otherwise provided for, all land development activities subject to this section 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 following minimum performance standards:
C. 
Peak flow discharge.
(1) 
Discharge quantity management requirements shall be those listed in the current publication of Chapter 13 (Surface Water and Stormwater) of the Milwaukee Metropolitan Sewerage District Rules.
(2) 
The area included in discharge limit calculations in the form of cfs/acre shall consist of the entire portion of the site draining to the discharge location under consideration.
(3) 
Green infrastructure BMPs, including vegetated control measures, are permissible means for achieving peak discharge requirements.
(4) 
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 only apply to the portion of the total runoff that originates from the land being developed.
(5) 
Any stormwater management pond shall fully contain the runoff from the tributary watershed area during the 100-year, twenty-four-hour rainfall with a SCS TYPE II distribution under the post-development conditions. The tributary watershed area consists of all on-site and off-site areas draining to the pond.
(6) 
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.
(7) 
If surface runoff leaves the site at more than one location, discharge at each location must individually meet the standards set forth in this section. 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.
(8) 
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.
(9) 
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 of 0.5-, one-, six-, or twelve-hour duration, depending on the duration that results in the most critical peak runoff rate from the area under consideration. In some cases, less sophisticated computation methods such as the Rational Method may be used with prior written Village approval.
(10) 
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.
(11) 
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 shall be used. When other methods for computing runoff are used, they shall assume comparable runoff conditions.
D. 
Stormwater discharge quality standards. Unless otherwise provided, all land development activities subject to this section 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) 
Discharge quality management requirements shall be those listed in Ch. NR 151, Wis. Adm. Code, Runoff Management, Subchapter III, Non-Agricultural Performance Standards.
(a) 
Stormwater quality ponds shall be designed and constructed in accordance with stormwater post-construction technical standards.
(b) 
Stormwater discharges 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 exceedances of 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.
(c) 
Only green infrastructure BMPs that do not clog are permissible for achieving total suspended solids requirements.
(2) 
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.
(3) 
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 D(4), (5) and (6):
(a) 
For residential developments, one of the following shall be met:
[1] 
Infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 90% of the predevelopment infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 1% of the project site is required as an effective infiltration area.
[2] 
Infiltrate 25% of the post-development runoff from the two-year, 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.
(b) 
For nonresidential development, including commercial, industrial and institutional development, one of the following shall be met:
[1] 
Infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 60% of the predevelopment infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the project site is required as an effective infiltration area.
[2] 
Infiltrate 10% of the runoff from the two-year, 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.
(c) 
Infiltration systems designed in accordance with this Subsection D 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.
(d) 
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.
(e) 
Notwithstanding Subsection H(3), the discharge from the pretreatment BMPs shall remain below the enforcement standard at the point of standards application.
(4) 
Infiltration exclusions. The runoff from the following areas is excepted from meeting the requirements of Subsection D(3):
(a) 
Areas associated with Tier 1 industrial facilities identified in § NR 216.21(2)(a), Wis. Adm. Code, including storage, loading, rooftop and parking.
(b) 
Storage and loading areas of Tier 2 industrial facilities identified in § NR 216.21(2)(b), Wis. Adm. Code.
(c) 
Fueling and vehicle maintenance areas.
(d) 
Areas within 1,000 feet upgradient or within 100 feet downgradient of karst features.
(e) 
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 D(4)(e) does not prohibit infiltration of roof runoff.
(f) 
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.
(g) 
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.
(h) 
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.
(i) 
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 D(4)(i) does not prohibit infiltration of roof runoff.
(5) 
Infiltration exemptions. The following are not required to meet the requirements of Subsection D(3):
(a) 
Areas where the infiltration rate of the soil is less than 0.6 inch per hour measured at the site.
(b) 
Parking areas and access roads less than 5,000 square feet for commercial and industrial development.
(c) 
Redevelopment post-construction sites.
(d) 
Infill development areas less than five acres.
(e) 
Infiltration areas during periods when the soil on the site is frozen.
(f) 
Roads in commercial, industrial and institutional land uses, and arterial residential roads.
(6) 
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:
(a) 
The Planning and Development Department determines that:
[1] 
A higher level of protection is needed to protect sensitive resources.
[2] 
A higher level of protection from flooding is required to protect the public health and safety.
[3] 
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.
[4] 
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.
(b) 
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:
[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 would be provided by on-site practices meeting the requirements of this article.
[3] 
The facility has a legally obligated entity responsible for its long-term operation and maintenance.
[4] 
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.
(7) 
Protective areas.
(a) 
"Protective area" means an area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. However, in this subsection, "protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location. In Subsection D(7)(a)[1], [4] and [5] 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.
[1] 
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.
[2] 
For perennial and intermittent streams identified on a United States Geological Survey 7.5-minute series topographic map or a county soil survey map, whichever is more current: 50 feet.
[3] 
For lakes: 50 feet.
[4] 
For 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.
[5] 
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.
[6] 
For concentrated flow channels with drainage areas greater than 130 acres: 10 feet.
(b) 
This Subsection D(7) applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection D(7)(d) below.
(c) 
The following requirements shall be met:
[1] 
Impervious surfaces shall be kept out of the protective area to the maximum extent practicable. The stormwater management plan shall contain a written site-specific explanation for any parts of the protective area that are disturbed during construction.
[2] 
Where land disturbing construction activity occurs within a protective area, and where no impervious surface is present, adequate sod or self-sustaining vegetative cover of 70% or greater shall be established and maintained. The adequate sod or self-sustaining vegetative cover shall be sufficient to provide for bank stability, maintenance of fish habitat and filtering of pollutants from upslope overland flow areas under sheet flow conditions. Nonvegetative materials, such as rock riprap, may be employed on the bank as necessary to prevent erosion, such as on steep slopes or where high-velocity flows occur.
[3] 
Best management practices, such as filter strips, swales, or wet detention basins, which are designed to control pollutants from nonpoint sources may be located in the protective area.
(d) 
This Subsection D(7) does not apply to:
[1] 
Redevelopment post-construction sites.
[2] 
Infill development areas less than five acres.
[3] 
Structures that cross or access surface waters, such as boat landings, bridges and culverts.
[4] 
Structures constructed in accordance with § 59.692(1v), Wis. Stats.
[5] 
Post-construction sites from which runoff does not enter the surface water, except to the extent that vegetative ground cover is necessary to maintain bank stability.
(8) 
Credit for removal of impervious surfaces.
(a) 
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 post-construction 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 D(8)(b) below.
(b) 
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.
(9) 
General considerations for on-site and off-site stormwater management measures. The following considerations shall be observed in managing stormwater runoff:
(a) 
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.
(b) 
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.
(c) 
Best management practices for water quantity management shall utilize the following techniques, in order of preference:
[1] 
Preservation of the natural features of development sites, including natural storage and infiltration characteristics;
[2] 
Preservation of existing natural streams, channels, and drainageways;
[3] 
Minimization of new impervious surfaces;
[4] 
Conveyance of stormwater in open vegetated channels;
[5] 
Construction of structures that provide both quantity and quality control, with structures serving multiple sites being preferable to structures serving individual sites; and
[6] 
Construction of structures that provide only quantity control, with structures serving multiple sites being preferable to structures serving individual sites.
(10) 
Location and regional treatment option.
(a) 
The BMPs may be located on-site or off-site as part of a regional stormwater device, practice or system within the same watershed.
(b) 
Runoff within a non-navigable 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 post-construction runoff, such as Ch. NR 103, Wis. Adm. Code, and Ch. 30, Wis. Stats.
(c) 
The discharge of runoff from a BMP, such as a wet pond, or after a series of such BMPs is subject to this article.
(d) 
The Planning and Development Department may approve off-site management measures, provided that all of the following conditions are met:
[1] 
The Planning and Development Department determines that the post-construction 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.
[2] 
The off-site facility meets all of the following conditions:
[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 that which would be afforded by on-site practices meeting the performance standards of this article.
[c] 
The facility has a legally obligated entity responsible for its long-term operation and maintenance.
(11) 
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. 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.
(4) 
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.
(5) 
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.
(6) 
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.
(7) 
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.
(8) 
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.
(9) 
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.
(10) 
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 post-development 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 100-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 post-development site conditions. The plan shall describe the alterations proposed at the site and the resulting proposed post-development 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, though, 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 100-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 100-year recurrence interval flood hazard area of any perennial watercourse location within, though, 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 firefighting 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-known 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.