[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Editor's Note: This chapter also repealed former Ch. 250,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.
(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:
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.
Has the meaning given in § 281.16(1), Wis. Stats.
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.
A day the office of the Building Inspector is routinely and
customarily open for business.
A court-issued order to halt land disturbing construction
activity that is being conducted without the required permit or in
violation of a permit issued by the Building Inspector.
An area upon which one or more of the following land disturbing
construction activities applies:
Those requiring a subdivision plat approval or the construction
of houses or commercial, industrial or institutional buildings on
lots of approved subdivision plats;
Those requiring a certified survey approval or the construction
of houses or commercial, industrial or institutional buildings on
lots of approved certified surveys;
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;
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;
Those involving street, highway, road, or bridge construction,
enlargement, relocation, or reconstruction;
Those involving the laying, repairing, replacing, or enlarging
of an underground pipe or facility for a distance of 300 feet or more;
and
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.
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.
A written description of the number, locations, sizes, and
other pertinent information of control measures designed to meet the
requirements of this chapter.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
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.
The process by which the land's surface is worn away by the
action of wind, water, ice, or gravity.
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
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.
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.
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.
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.
The construction of buildings, roads, parking lots, paved
storage areas and similar facilities.
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.
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.
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.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
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.
Includes any natural person, firm, corporation, or partnership.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
The landowner or any other entity performing services to
meet the requirements of this chapter through a contract or other
agreement.
Stormwater or precipitation including rain, snow, or ice
melt or similar water that moves on the land surface via sheet or
channelized flow.
Settleable solid material that is transported by runoff,
suspended within runoff, or deposited by runoff away from its original
location.
Activities including tree nursery operations, tree harvesting
operations, reforestation, tree thinning, prescribed burning, and
pest and fire control. Clearing and grubbing of an area of a construction
site is not a silviculture activity.
The entire area included in the legal description of the
land on which the land disturbing construction activity is proposed
in the permit application.
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.
An order issued by the Building Inspector that requires that
all construction activity on the site be stopped.
A document that specifies design, predicted performance,
and operation and maintenance specifications for a material, device,
or method.
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.
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.
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.
Any filling, flooding, draining, dredging, tiling, excavating,
temporary water level stabilization measures, or dike and dam construction
in a wetland area.
The Wisconsin Administrative Code, published under § 35.93,
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.
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:
The planting, growing, cultivating, and harvesting of crops;
growing and tending of gardens, and trees; harvesting of trees.
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.
A court-issued order to halt land developing activity that
is being conducted without the required permit.
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.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total rainfall depth.
The quantity of runoff discharged from the land surface as
the result of a rainfall event.
A payment of money to the Village in place of meeting all
or part of the stormwater performance standards required by this article.
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.
The total area, in acres, of all land located within the
property boundary containing the land development activity.
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.
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.
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.
An undeveloped area of land located within existing development.
The process by which rainfall or surface runoff percolates
or penetrates into the underlying soil.
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices such as swales or roadside channels designed for conveyance
and pollutant removal only.
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.
Any construction or redevelopment of buildings, roads, parking
lots, paved and unpaved storage areas, and similar facilities, but
not including agricultural 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.
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.
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.
The Milwaukee Metropolitan Sewerage District.
A discharge to the storm sewer system created by process
other than stormwater runoff.
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.
Located outside the property boundary described in the permit
application for land development activity.
Located within the property boundary described in the permit
for the land development activity.
The meaning given in § NR 115.03(6), Wis. Adm.
Code.
Development of the following land uses: commercial, industrial,
government and institutional, recreation, transportation, communication,
and utilities.
Waters listed in § NR 102.10, Wis. Adm. Code.
The maximum rate at which a unit volume of stormwater is
discharged.
The percentage of a given sample of soil which passes through
a No. 200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
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.
The meaning given in § 283.01(13), Wis. Stats.
The meaning given in § 283.01(14), Wis. Stats.
A construction site following the completion of land disturbing
construction activity and final site stabilization.
Any stormwater discharged from a site following the completion
of land disturbing construction activity and final site stabilization.
The extent and distribution of land cover types anticipated
to occur under conditions of full development that will influence
stormwater runoff and infiltration.
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.
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.
The meaning given in § NR 140.05(17), Wis. Adm.
Code.
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.
New construction, modification or replacement of older development.
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.
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.
Stormwater or precipitation, including rain, snow or ice
melt or similar water, that moves on the land surface via sheet or
channelized flow.
The entire area included in the legal description of the
land on which the land disturbing construction activity occurred.
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.
An order issued by the Building Inspector that all construction
activity on the site be stopped.
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.
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.
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.
A navigable body of water as that term is defined in § 281.31(2)(d),
Wis. Stats., as amended from time to time.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
The time period for the furthest runoff from the outlet of
a watershed to contribute to flow at the watershed outlet.
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.
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.
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.
The Village of Shorewood.
Employees of the Village or those agents authorized by the
Village Board to implement these stormwater management regulations.
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.
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.
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.
(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.
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.
