A.
This article is adopted by the Village of Waterford under
the authority granted by Wis. Stat. § 61.354. This article supersedes
all provisions of any ordinance previously enacted under Wis. Stat. § 61.35
that relates to stormwater management regulations. Except as otherwise specified
in Wis. Stat. § 61.354, Wis. Stat. § 61.35 applies to
this article and to any amendments to this article.
B.
The provisions of this article are deemed not to limit
any other lawful regulatory powers of the Village of Waterford.
C.
The Village Board hereby designates the Village of Waterford
to administer and enforce the provisions of this article.
D.
The requirements of this article do not preempt more
stringent stormwater management 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 Wis. Stat. §§ 281.16
and 283.33.
(2)
Targeted nonagricultural performance standards promulgated
in rules by the Wisconsin Department of Natural Resources under Wis. Admin.
Code s. NR 151.004.
(3)
Village of Waterford approved or adopted stormwater management
plans for specific areas or watersheds.
The Village Board finds that uncontrolled, post-construction runoff
has a significant impact upon water resources and the health, safety and general
welfare of the community and diminishes the public enjoyment and use of natural
resources. Specifically, uncontrolled post-construction runoff can:
A.
Degrade physical stream habitat by increasing stream
bank erosion, increasing streambed scour, diminishing groundwater recharge,
diminishing stream base flows and increasing stream temperature.
B.
Diminish the capacity of lakes and streams to support
fish, aquatic life, recreational and water supply uses by increasing pollutant
loading of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
C.
Alter wetland communities by changing wetland hydrology
and by increasing pollutant loads.
D.
Reduce the quality of groundwater by increasing pollutant
loading.
E.
Threaten public health, safety, property and general
welfare by overtaxing storm sewers, drainage ways, and other minor drainage
facilities.
F.
Threaten public health, safety, property and general
welfare by increasing major flood peaks and volumes.
G.
Undermine floodplain management efforts by increasing
the incidence and levels of flooding.
A.
Purpose. The general purpose of this article is to establish
long-term, post-construction runoff management requirements that will diminish
the threats to public health, safety, welfare and the aquatic environment.
Specific purposes are to:
(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; 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.
(3)
Control exceedance of 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.
B.
Intent. It is the intent of the Village Board that this
article regulates post-construction stormwater discharges to waters of the
state. This article may be applied on a site-by-site basis. The Village Board
recognizes, however, that the preferred method of achieving the stormwater
performance standards set forth in this article is through the preparation
and implementation of comprehensive, systems-level stormwater management plans
that cover hydrologic units, such as watersheds, on a municipal and regional
scale. Such plans may prescribe regional stormwater devices, practices or
systems, any of which may be designed to treat runoff from more than one site
prior to discharge to waters of the state. Where such plans are in conformance
with the performance standards developed under Wis. Stat. § 281.16
for regional stormwater management measures and have been approved by the
Village Board, it is the intent of this article that the approved plan be
used to identify post-construction management measures acceptable for the
community.
A.
Applicability.
(1)
Where not otherwise limited by law, this article applies after final stabilization to a site of land-disturbing construction activity meeting any of the criteria in this Subsection A(1), unless the site is otherwise exempt under Subsection A(2):
(a)
A post-development construction site that has one or
more acres of land-disturbing construction activity.
(2)
A site that meets any of the criteria in this Subsection A(2) is exempt from the requirements of this article:
(a)
A redevelopment post-construction site with no increase
in exposed impervious surface area.
(b)
A post-construction site with less than 10% connected
imperviousness based on complete development of the post-construction site,
provided the cumulative area of all parking lots and rooftops is less than
one acre.
(c)
Nonpoint discharges from agricultural facilities and
practices.
(d)
Nonpoint discharges from silviculture activities.
(e)
Routine maintenance for project sites under five acres
of land disturbance if performed to maintain the original line and grade,
hydraulic capacity or original purpose of the facility.
(f)
Underground utility construction such as water, sewer
and fiberoptic lines. This exemption does not apply to the construction of
any aboveground structures associated with utility construction.
(3)
Notwithstanding the applicability requirements in Subsection A(1), this article applies to a post-construction site of any size that, in the opinion of the Village of Waterford, is 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, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
B.
Jurisdiction. This article applies to post-construction
sites within the boundaries and jurisdiction of the Village of Waterford.
C.
Exclusions. This article is not applicable to activities
conducted by a state agency, as defined under Wis. Stat. § 227.01(1),
but also including the office of District Attorney, which is subject to the
state plan promulgated or a memorandum of understanding entered into under
Wis. Stat. § 281.33(2).
As used in this article, the following terms shall have the meanings
indicated:
A governmental employee or designee, or a regional planning commission
empowered under Wis. Stat. § 61.354, that is designated by the Village
Board to administer this article.
Has the meaning given in Wis. Stat. § 281.16.
A calendar year of precipitation, excluding snow, which is considered
typical.
Structural or nonstructural measures, practices, techniques or devices
employed to avoid or minimize sediment or pollutants carried in runoff to
waters of the state.
A day the offices of the Village Hall 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.
A system for conveying both sanitary sewage and stormwater runoff.
An impervious surface that is directly connected to a separate storm
sewer or water of the state via an impervious flow path.
A hypothetical discrete rainstorm characterized by a specific duration,
temporal distribution, rainfall intensity, return frequency, and total depth
of rainfall.
Residential, commercial, industrial or institutional land uses and
associated roads.
The creation from one parcel of two or more parcels or building sites
where such creation occurs at one time or through the successive partition
within a five-year period.
The area of the infiltration system that is used to infiltrate runoff
and does not include the area used for site access, berms or pretreatment.
The process by which the land's surface is worn away by the action
of the wind, water, ice or gravity.
Waters listed in Wis. Admin. Code s. NR 102.11.
The unincorporated area within 1.5 miles of the Village.
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 employment of equivalent
permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable letter
of credit, or similar guarantees submitted to the Village of Waterford by
the responsible party to assure that requirements of the article are carried
out in compliance with the stormwater management plan.
The Village Board.
An area that releases as runoff all or a large portion of the precipitation
that falls on it, except for frozen soil. Rooftops, sidewalks, driveways,
parking lots and streets are examples of areas that typically are impervious.
An undeveloped area of land located within existing development.
The entry of precipitation or runoff into or through the 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 surficial 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 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.
A legal document that 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.
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
Located outside the property boundary described in the permit application.
Located within the property boundary described in the permit application.
Has the meaning given in Wis. Admin. Code s. NR 115.03(6).
Waters listed in Wis. Admin. Code s. NR 102.10.
The percentage of a given sample of soil, which passes through a
#200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Village of Waterford to the applicant
to conduct land-disturbing construction activity or to discharge post-construction
runoff to waters of the state.
A sum of money paid to the Village of Waterford by the permit applicant
for the purpose of recouping the expenses incurred by the authority in administering
the permit.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar vegetated
areas are examples of surfaces that typically are pervious.
Has the meaning given in Wis. Stat. § 283.01(13).
Has the meaning given in Wis. Stat. § 281.01(10).
A construction site following the completion of land-disturbing construction
activity and final site stabilization.
The extent and distribution of land cover types present before the
initiation of land-disturbing construction activity, assuming that all land
uses prior to development activity are managed in an environmentally sound
manner.
Has the meaning given in Wis. Admin. Code s. NR 140.05(17).
Areas where development is replacing older development.
Any entity holding fee title to the property or other person contracted
or obligated by other agreement to implement and maintain post-construction
stormwater BMPs.
Stormwater or precipitation, including rain, snow or ice melt or
similar water that moves on the land surface via sheet or channelized flow.
A conveyance or system of conveyances, including roads with drainage
systems, streets, catch basins, curbs, gutter, ditches, constructed channels
or storm drains, which meets all of the following criteria:
The entire area included in the legal description of the land on
which the land-disturbing construction activity occurred.
An order issued by the Village of Waterford which requires that all
construction activity on the site be stopped.
A comprehensive plan designed to reduce the flow rate, runoff volume,
and discharge of pollutants from stormwater after the site has under gone
final stabilization following completion of the construction activity.
A comprehensive plan designed to reduce the discharge of runoff and
pollutants from hydrologic units on a regional or municipal scale.
A document that specifies design, predicted performance and operation
and maintenance specifications for a material, device or method.
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. Rainfall depths shall be consistent with Technical Report 40, Rainfall
Frequency in the Southeastern Wisconsin Region, SEWRPC, April, 2000.
Has the meaning given in Wis. Stat. § 281.01(18).
The following methods shall be used in designing and meeting the performance
standards for the stormwater management plan:
A.
Technical standards identified, developed or disseminated
by the Wisconsin Department of Natural Resources under Subchapter V of Wis.
Admin. Code ch. NR 151.
B.
Where technical standards have not been identified or
developed by the Wisconsin Department of Natural Resources, other technical
standards may be used, provided that the methods have been approved by the
Village of Waterford.
C.
Technical engineering standards administered and/or approved
by the Village of Waterford.
D.
Technical standards described in The Wisconsin Stormwater
Manual, WDNR for Wet Detention Basins.
E.
In this article, the following year and location has
been selected as average annual rainfall: Milwaukee 1969 (March 28 through
December 6).
A.
Responsible party. The responsible party shall implement
a post-construction stormwater management plan that incorporates the requirements
of this section.
B.
Plan. A written stormwater management plan in accordance with § 250-23 shall be developed and implemented for each post-construction site.
C.
Requirements. The plan required under Subsection B shall include the following:
(1)
Total suspended solids. BMPs shall be designed, installed
and maintained to control total suspended solids carried in runoff from the
post-construction site as follows:
(a)
For new development, by design, reduce, to the maximum
extent practicable, the total suspended solids load by 80%, based on the average
annual rainfall, as compared to no runoff management controls. No person shall
be required to exceed an 80% total suspended solids reduction to meet the
requirements of this subsection.
(b)
For redevelopment, by design, reduce, to the maximum
extent practicable, the total suspended solids load by 40%, based on the average
annual rainfall, as compared to no runoff management controls. No person shall
be required to exceed a forty-percent total suspended solids reduction to
meet the requirements of this subsection.
(c)
For in-fill development under five acres that occurs
within 10 years after October 1, 2002, by design, reduce, to the maximum extent
practicable, the total suspended solids load by 40%, based on an average annual
rainfall, as compared to no runoff management controls. No person shall be
required to exceed a forty-percent total suspended solids reduction to meet
the requirements of this subsection.
(d)
For in-fill development that occurs 10 or more years
after October 1, 2002, by design, reduce, to the maximum extent practicable,
the total suspended solids load by 80%, based on an average annual rainfall,
as compared to no runoff management controls. No person shall be required
to exceed an eighty-percent total suspended solids reduction to meet the requirements
of this subsection.
(e)
Notwithstanding Subsection C(1)(a) to (d), if the design cannot achieve the applicable total suspended solids reduction specified, the stormwater management plan shall include a written and site-specific explanation why that level of reduction is not attained, and the total suspended solids load shall be reduced to the maximum extent practicable.
(2)
Peak discharge.
(a)
By design, stormwater management practices shall be employed
to reduce the twenty-four-hour, post-development runoff rate to the twenty-four-hour,
pre-development runoff rate for all storm events. Pre-development conditions
shall assume "good hydrologic conditions" for appropriate land covers as identified
in TR-55 or an equivalent methodology. The meaning of "hydrologic soil group"
and "runoff curve number" are as determined in TR-55. However, when pre-development
land cover is cropland, rather than using TR-55 values for cropland, the runoff
curve numbers in Table 1 shall be used.
|
Table 1 — Maximum Pre-Development Runoff Curve Numbers for
Cropland Areas
| |||||
|---|---|---|---|---|---|
|
Hydrologic Soil Group
|
A
|
B
|
C
|
D
| |
|
Runoff Curve Number
|
56
|
70
|
79
|
83
| |
(b)
By design, stormwater management practices shall be employed
to meet peak discharge requirements of Village adopted stormwater management
plans for specific areas or watersheds where applicable.
(c)
This Subsection C(2) of the section does not apply to any of the following:
[1]
A redevelopment post-construction site, if the impervious
surface area of the redevelopment is not increased from existing conditions.
[2]
An in-fill development area less than five acres, unless determined otherwise by the Village per § 250-18A(3).
(3)
Infiltration. BMPs shall be designed, installed, and maintained to infiltrate runoff to the maximum extent practicable in accordance with the following, except as provided in Subsection C(3)(e) through (g).
(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 pre-development infiltration
volume, based on an average annual rainfall. However, when designing appropriate
infiltration systems to meet this requirement, no more than 1% of the 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 pre-development infiltration
volume, based on an average annual rainfall. However, when designing appropriate
infiltration systems to meet this requirement, no more than 2% of the 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.
(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 C(3)(g). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(e)
Exclusions. The runoff from the following areas are prohibited from meeting the requirements of this Subsection C(3):
[1]
Areas associated with Tier 1 industrial facilities identified
in Wis. Admin. Code s. NR 216.21(2)(a), including storage, loading, rooftop
and parking.
[2]
Storage and loading areas of Tier 2 industrial facilities
identified in Wis. Admin. Code s. NR 216.21(2)(b).
[3]
Fueling and vehicle maintenance areas.
[4]
Areas within 1,000 feet upgradient or within 100 feet
downgradient of karst features.
[5]
Areas with less than three feet separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock, except this Subsection C(3)(e)[5] does not prohibit infiltration of roof runoff.
[6]
Areas with runoff from industrial, commercial and institutional
parking lots and roads and residential arterial roads with less than five
feet separation distance from the bottom of the infiltration system to the
elevation of seasonal high groundwater or the top of bedrock.
[7]
Areas within 400 feet of a community water system well
as specified in Wis. Admin. Code s. NR 811.16(4), or within 100 feet of a
private well as specified in Wis. Admin. Code s. NR 812.08(4), for runoff
infiltrated from commercial, industrial and institutional land uses or regional
devices for residential development.
[8]
Areas where contaminants of concern, as defined in Wis.
Admin. Code s. NR 720.03(2), are present in the soil through which infiltration
will occur.
[9]
Any area where the soil does not exhibit one of the following soil characteristics between the bottom of the infiltration system and the seasonal high groundwater and top of bedrock: at least a three-foot soil layer with 20% fines or greater; or at least a five-foot soil layer with 10% fines or greater. This does not apply where the soil medium within the infiltration system provides an equivalent level of protection. This Subsection C(3)(e)[9] does not prohibit infiltration of roof runoff.
(f)
Exemptions. The following are not required to meet the requirements of this Subsection C(3):
[1]
Areas where the infiltration rate of the soil is less
than 0.6 inch/hour measured at the site.
[2]
Parking areas and access roads less than 5,000 square
feet for commercial and industrial development.
[3]
Redevelopment post-construction sites.
[4]
In-fill development areas less than five acres.
[5]
Infiltration areas during periods when the soil on the
site is frozen.
[6]
Roads in commercial, industrial and institutional land
uses, and arterial residential roads.
(g)
Groundwater protection.
[1]
Infiltration systems designed in accordance with this Subsection C(3) shall, to the extent technically and economically feasible, minimize the level of pollutants infiltrating to groundwater and shall maintain compliance with the preventative action limit at a point of standards application in accordance with Wis. Admin. Code ch. NR 140. However, if site-specific information indicates that compliance with a preventative action limit is not achievable, the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable.
[2]
Notwithstanding Subsection C(3)(g)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
(4)
Protective areas. The following are minimum standards
for protective areas, however, the Village may impose greater limits based
on site-specific information.
(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.
[1]
For outstanding resource waters and exceptional resource
waters, and for wetlands in areas of special natural resources interest as
specified in Wis. Admin. Code s. NR 103.04: 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 Wis. Admin. Code s. NR 103.08(1m).
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]
In Subsection C(4)(a)[1], [4] and [5], 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 Wis. Admin. Code s. NR 103.03.
[7]
For concentrated flow channels with drainage areas greater
than 130 acres: 20 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, that are designed to control pollutants from nonpoint
sources may be located in the protective area.
(d)
This subsection does not apply to:
[1]
Redevelopment post-construction sites, if meeting the
protective area standards is deemed impractical by the Village.
[2]
In-fill development areas less than five acres, if meeting
the protective area standards is deemed impractical by the Village.
[3]
Structures that cross or access surface waters such as
boat landings, bridges and culverts.
[4]
Structures constructed in accordance with Wis. Stat.
§ 59.692(1v).
[5]
Post-construction sites from which runoff does not enter
the protective area's surface water, except to the extent that vegetative
ground cover is necessary to maintain bank stability and is deemed acceptable
to the Village.
(5)
Fueling and vehicle maintenance areas. Fueling and vehicle
maintenance areas shall, to the maximum extent practicable, have BMPs designed,
installed and maintained to reduce petroleum within runoff, such that the
runoff that enters waters of the state contains no visible petroleum sheen.
(6)
Swale treatment for transportation facilities.
(a)
Applicability. Except as provided in Subsection C(6)(b), transportation facilities that use swales for runoff conveyance and pollutant removal meet all of the requirements of this section, if the swales are designed to the maximum extent practicable to do all of the following:
[1]
Be vegetated. However, where appropriate, nonvegetative
measures may be employed to prevent erosion or provide for runoff treatment,
such as rock riprap stabilization or check dams.
[2]
Carry runoff through a swale for 200 feet or more in
length that is designed with a flow velocity no greater than 1.5 feet per
second for the peak flow generated using either a two-year, twenty-four-hour
design storm or a two-year storm with a duration equal to the time of concentration
as appropriate. If a swale of 200 feet in length cannot be designed with a
flow velocity of 1.5 feet per second or less, then the flow velocity shall
be reduced to the maximum extent practicable.
(b)
Exemptions. The Village of Waterford may, consistent
with water quality standards, require other provisions of this section be
met on a transportation facility with an average daily travel of vehicles
greater than 2,500 and where the initial surface water of the state that the
runoff directly enters is any of the following:
[1]
An outstanding resource water.
[2]
An exceptional resource water.
[3]
Waters listed in Section 303(d) of the Federal Clean
Water Act that are identified as impaired in whole or in part, due to nonpoint
source impacts.
[4]
Waters where targeted performance standards are developed
under Wis. Admin. Code s. NR 151.004 to meet water quality standards.
(7)
Storm sewers and culverts.
D.
General considerations for on-site and off-site stormwater
management measures. The following considerations shall be observed in managing
runoff.
(1)
Natural topography and land cover features such as natural
swales, natural depressions, native soil infiltrating capacity, and natural
groundwater recharge areas shall be preserved and used, to the extent possible,
to meet the requirements of this section.
(2)
Emergency overland flow routes 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.
E.
Location and regional treatment option.
(1)
All BMPs may be located on-site or off-site as part of
a regional stormwater device, practice or system.
(2)
Post-construction runoff within a non-navigable surface
water that flows into a regional BMP, such as a wet detention pond, is not
required to meet the performance standards of this article. Post-construction
BMPs may be located in non-navigable surface waters.
(3)
Except as allowed under Subsection E(4), post-construction runoff from new development shall meet the post-construction performance standards prior to entering a navigable surface water.
(4)
Post-construction runoff from any development within
a navigable surface water that flows into a BMP is not required to meet the
performance standards of this article if:
(5)
Runoff from existing development, redevelopment and in-fill
areas shall meet the post-construction performance standards in accordance
with this subsection.
(a)
To the maximum extent practicable, BMPs shall be located
to treat runoff prior to discharge to navigable surface waters.
(b)
Post-construction BMPs for such runoff may be located
in a navigable surface water if allowable under all other applicable federal,
state and local regulations such as Wis. Admin. Code ch. NR 103 and Wis. Stat.
ch. 30.
(6)
The discharge of runoff from a BMP, such as a wet detention
pond, or after a series of such BMPs is subject to this chapter.
(7)
The Village of Waterford may approve off-site management
measures provided that all of the following conditions are met:
(a)
The Village of Waterford determines that the post-construction
runoff is covered by a stormwater management system plan that is approved
by the Village of Waterford and that contains management requirements consistent
with the purpose and intent of this article.
(b)
The off-site facility meets all of the following conditions:
[1]
The facility is in place.
[2]
The facility is designed and adequately sized to provide
a level of stormwater control equal to or greater than that which would be
afforded by on-site practices meeting the performance standards of this article.
[3]
The facility has a legally obligated entity responsible
for its long-term operation and maintenance.
(8)
Where a regional treatment option exists such that the
Village of Waterford exempts the applicant from all or part of the minimum
on-site stormwater management requirements, the applicant shall be required
to pay a fee in an amount determined in negotiation with the Village of Waterford.
In determining the fee for post-construction runoff, the Village of Waterford
shall consider an equitable distribution of the cost for land, engineering
design, construction, and maintenance of the regional treatment option.
F.
Alternate requirements. The Village of Waterford may
establish stormwater management requirements more stringent than those set
forth in this section if the Village of Waterford determines that an added
level of protection is needed to protect sensitive resources.
A.
Permit required. No responsible party may undertake a
land-disturbing construction activity without receiving a post-construction
runoff permit from the Village of Waterford prior to commencing the proposed
activity.
B.
Permit application and fees. Unless specifically excluded
by this article, any responsible party desiring a permit shall submit to the
Village of Waterford a permit application made on a form provided by the Village
of Waterford for that purpose.
(1)
Unless otherwise excepted by this article, a permit application
must be accompanied by a stormwater management plan, a maintenance agreement
and a nonrefundable permit administration fee.
(2)
The stormwater management plan shall be prepared to meet the requirements of §§ 250-20 and 250-21, the maintenance agreement shall be prepared to meet the requirements of § 250-24, the financial guarantee shall meet the requirements of § 250-25, and fees shall be those established by the Village of Waterford as set forth in § 250-26.
C.
Review and approval of permit application. The Village
of Waterford shall review any permit application that is submitted with a
stormwater management plan, maintenance agreement, and the required fee. The
following approval procedure shall be used:
(1)
Within 20 business days of the receipt of a complete permit application, including all items as required by Subsection B, the Village of Waterford shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this article.
(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 Village of Waterford shall issue the permit.
(3)
If the stormwater permit application, plan or maintenance
agreement is disapproved, the Village of Waterford shall detail in writing
the reasons for disapproval.
(4)
The Village of Waterford may request additional information
from the applicant. If additional information is submitted, the Village of
Waterford shall have 20 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.
(5)
Failure by the Village of Waterford to inform the permit
applicant of a decision within 30 business days of a required submittal shall
be deemed to mean approval of the submittal, and the applicant may proceed
as if a permit had been issued.
D.
Permit requirements. All permits issued under this article shall be subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions. The Village of Waterford may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Village of Waterford to suspend or revoke this permit may be appealed in accordance with § 250-28.
(1)
Compliance with this permit does not relieve the responsible
party of the responsibility to comply with other applicable federal, state,
and local laws and regulations.
(2)
The responsible party shall design and install all structural
and nonstructural stormwater management measures in accordance with the approved
stormwater management plan and this permit.
(3)
The responsible party shall notify the Village of Waterford at least five business days before commencing any work in conjunction with the stormwater management plan, and within five business days upon completion of the stormwater management practices. If required as a special condition under Subsection E, the responsible party shall make additional notification according to a schedule set forth by the Village of Waterford so that practice installations can be inspected during construction.
(4)
Practice installations 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 by the Village
of Waterford or its designee to determine if they are in accordance with the
approved stormwater management plan and article. The Village of Waterford
or its designee shall notify the responsible party in writing of any changes
required in such practices to bring them into compliance with the conditions
of this permit.
(5)
The responsible party shall notify the Village of Waterford
of any significant modifications it intends to make to an approved stormwater
management plan. The Village of Waterford may require that the proposed modifications
be submitted for approval prior to incorporation into the stormwater management
plan and execution by the responsible party.
(6)
The responsible party shall maintain all stormwater management
practices in accordance with the stormwater management plan until the practices
either become the responsibility of the Village of Waterford, or are transferred
to subsequent private owners as specified in the approved maintenance agreement.
(7)
If the responsible party fails to maintain all stormwater management practices, the Village of Waterford may perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan, and make a special assessment or charge against the property as authorized under Wis. Stat. § 66.0627 or Subch. VII of Wis. Stat. ch. 66, or charge such costs against the financial guarantee posted under § 250-25.
(8)
If so directed by the Village of Waterford, the responsible
party shall repair, at the responsible party's own expense, all damage to
adjoining municipal facilities and drainage ways caused by runoff, where such
damage is caused by activities that are not in compliance with the approved
stormwater management plan.
(9)
The responsible party shall permit property access to
the Village of Waterford or its designee for the purpose of inspecting the
property for compliance with the approved stormwater management plan and this
permit.
(10)
Where site development or redevelopment involves changes
in direction, increases in peak rate and/or total volume of runoff from a
site, the Village of Waterford may require the responsible party to make appropriate
legal arrangements with affected property owners concerning the prevention
of endangerment to property or public safety.
A.
Plan requirements. The stormwater management plan required under § 250-22B shall contain at a minimum the following information:
(1)
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.
(2)
A proper legal description of the property proposed to
be developed, referenced to the U.S. Public Land Survey system or to block
and lot numbers within a recorded land subdivision plat.
(3)
Pre-development site conditions, including:
(a)
One or more site maps at a scale of not less than one
inch equals 100 feet. The site maps shall show the following: site location
and legal property description; predominant soil types and hydrologic soil
groups; existing cover type and condition; topographic contours of the site
at a scale not to exceed 100 feet; topography and drainage network, including
enough of the contiguous properties to show runoff patterns onto, through,
and from the site; watercourses that may affect or be affected by runoff from
the site; flow path and direction for all stormwater conveyance sections;
watershed boundaries used in hydrology determinations to show compliance with
performance standards; lakes, streams, wetlands, channels, ditches, and other
watercourses on and immediately adjacent to the site; limits of the one-hundred-year
floodplain; location of wells and wellhead protection areas covering the project
area and delineated pursuant to Wis. Admin. Code s. NR 811.16.
(b)
Hydrology and pollutant loading computations as needed
to show compliance with performance standards. All major assumptions used
in developing input parameters shall be clearly stated. The geographic areas
used in making the calculations shall be clearly cross-referenced to the required
map(s).
(4)
Post-development site conditions, including:
(a)
Explanation of the provisions to preserve and use natural
topography and land cover features to minimize changes in peak flow runoff
rates and volumes to surface waters and wetlands.
(b)
Explanation of any restrictions on stormwater management
measures in the development area imposed by wellhead protection plans and
subchapters.
(c)
One or more site maps at a scale of not less than one
inch equals 100 feet showing the following: post-construction pervious areas,
including vegetative cover type and condition; impervious surfaces, including
all buildings, structures, and pavement; post-construction topographic contours
of the site at a scale not to exceed 100 feet; post-construction drainage
network, including enough of the contiguous properties to show runoff patterns
onto, through, and from the site; locations and dimensions of drainage easements;
locations of maintenance easements specified in the maintenance agreement;
flow path and direction for all stormwater conveyance sections; location and
type of all stormwater management conveyance and treatment practices, including
the on-site and off-site tributary drainage area; location and type of conveyance
system that will carry runoff from the drainage and treatment practices to
the nearest adequate outlet such as a curbed street, storm drain, or natural
drainage way; watershed boundaries used in hydrology and pollutant loading
calculations and any changes to lakes, streams, wetlands, channels, ditches,
and other watercourses on and immediately adjacent to the site.
(d)
Hydrology and pollutant loading computations as needed
to show compliance with performance standards. The computations shall be made
for each discharge point in the development, and the geographic areas used
in making the calculations shall be clearly cross-referenced to the required
map(s).
(e)
Results of investigations of soils and groundwater required
for the placement and design of stormwater management measures; detailed drawings,
including cross-sections and profiles of all permanent stormwater conveyance
and treatment practices.
(5)
Construction specifications, description and installation schedule for the stormwater management practices needed to meet the performance standards in § 250-21.
(6)
A maintenance plan developed for the life of each stormwater
management practice, including the required maintenance activities and maintenance
activity schedule.
(7)
Cost estimates for the construction, operation, and maintenance
of each stormwater management practice.
(8)
Typed written narrative for BMP design(s), including
a description design procedures, software used and computer model schematics,
flow rates, design results, and any relative information or assumptions used
for the design.
(9)
Other information requested in writing by the Village
of Waterford to determine compliance of the proposed stormwater management
measures with the provisions of this article.
(10)
All site investigations, plans, designs, computations,
and drawings shall be certified by a licensed Wisconsin professional engineer
to be prepared in accordance with accepted engineering practice and requirements
of this article.
A.
Maintenance agreement required. The maintenance agreement required under § 250-22B for stormwater management practices shall be an agreement between the Village of Waterford and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.
B.
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 250-23A(6):
(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 required under § 250-22B.
(3)
Identification of the responsible party(s), organization or city, county, or village responsible for long-term inspection and maintenance of the stormwater management practices identified in the stormwater management plan required under § 250-22B.
(4)
Requirement that the responsible party(s), organization or city, county, or village shall maintain stormwater management practices in accordance with the schedule included in Subsection B(2).
(5)
Authorization for the Village of Waterford to access
the property to conduct inspections of stormwater management practices as
necessary to ascertain that the practices are being maintained and operated
in accordance with the agreement.
(6)
Agreement that the party designated under Subsection B(3) as responsible for long-term inspection and maintenance of the stormwater management practices, if notified by the Village of Waterford of maintenance problems which require correction, undertake corrective within a reasonable time frame as set by the Village of Waterford.
(7)
Authorization of the Village of Waterford to perform the corrected actions identified in the Village notification under Subsection B(6) if the responsible party designated under Subsection B(3) does not make the required corrections in the specified time period. The Village of Waterford shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Wis. Stat. § 66.0627 or Subch. VII of Wis. Stat. ch. 66.
A.
Establishment of the guarantee. The Village of Waterford may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the Village of Waterford. The financial guarantee shall be in an amount determined by the Village of Waterford to be the estimated cost of construction and the estimated cost of maintenance of the stormwater management practices during the period which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the Village of Waterford the authorization to use the funds to complete the stormwater management practices, or restore the project site as deemed fit by the Village, if the responsible party defaults or does not properly implement the approved stormwater management plan, upon written notice to the responsible party by the administering authority that the requirements of this article have not been met. Said financial guarantee may be incorporated into the terms of a developer's agreement under Chapter 235, Subdivision of Land.
B.
Conditions for release. Conditions for the release of
the financial guarantee are as follows:
(1)
The Village of Waterford shall release the portion of
the financial guarantee established under this section, less any costs incurred
by the Village of Waterford to complete installation of practices, upon submission
of "as built" plans by a licensed professional engineer. The Village of Waterford
may make provisions for a partial pro-rata release of the financial guarantee
based on the completion of various development stages.
(2)
The Village of Waterford shall release the portion of
the financial guarantee established under this section to assure maintenance
of stormwater practices, less any costs incurred by the Village of Waterford,
at such time that the responsibility for practice maintenance is passed on
to another entity via an approved maintenance agreement.
The fees referred to in other sections of this article shall be established by the Village of Waterford and may from time to time be modified by resolution. A schedule of the fees established by the Village of Waterford shall be available for review in the Village Hall. Where the review and inspection is part of a developer's agreement pursuant to Chapter 235, Subdivision of Land, the permit fee may be waived but the applicant shall be liable for all related costs under the terms of the developer's agreement.
A.
Any land-disturbing construction activity or post-construction
runoff initiated after the effective date of this article by any person, firm,
association, or corporation subject to the article provisions shall be deemed
a violation unless conducted in accordance with the requirements of this article.
B.
The Village of Waterford shall notify the responsible
party by certified mail of any noncomplying land-disturbing construction activity
or post-construction runoff. The notice shall describe the nature of the violation,
remedial actions needed, a schedule of remedial action, and additional enforcement
action which may be taken.
C.
Upon receipt of written notification from the Village of Waterford under Subsection B, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Village of Waterford in the notice.
D.
If the violations to a permit issued pursuant to this
article are likely to result in damage to properties, public facilities, or
waters of the state, the Village of Waterford may enter the land and take
emergency actions necessary to prevent such damage. The costs incurred by
the Village of Waterford, plus interest and legal costs, shall be billed to
the responsible party.
E.
The Village of Waterford is authorized to post a stop-work
order on all land-disturbing construction activity that is in violation of
this article, or to request the Village Attorney to obtain a cease and desist
order in any court with jurisdiction.
F.
The Village of Waterford may revoke a permit issued under
this article for noncompliance with article provisions.
G.
Any permit revocation, stop-work order, or cease and
desist order shall remain in effect unless retracted by the Village of Waterford
or by a court with jurisdiction.
H.
The Village of Waterford is authorized to refer any violation
of this article, or of a stop-work order or cease and desist order issued
pursuant to this article, to the Village Attorney for the commencement of
further legal proceedings in any court with jurisdiction.
I.
Any person, firm, association, or corporation who does
not comply with the provisions of this article shall be subject to a forfeiture
of not less than $500 or more than $1,000 per offense, together with the costs
of prosecution. Each day that the violation exists shall constitute a separate
offense.
J.
Compliance with the provisions of this article may also
be enforced by injunction in any court with jurisdiction. It shall not be
necessary to prosecute for forfeiture or a cease and desist order before resorting
to injunctional proceedings.
K.
When the Village of Waterford determines that the holder of a permit issued pursuant to this article has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the Village of Waterford or a party designated by the Village of Waterford may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The Village of Waterford shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to § 250-25 of 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.
A.
Board of Appeals. The Board of Appeals created pursuant to § 245-54 of the Municipal Code of the Village of Waterford, pursuant to Wis. Stat. § 61.354(4)(b), shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Village of Waterford in administering this article. The Board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the Board may authorize variances from the provisions of this article that are not contrary to the public interest, and where owing to special conditions a literal enforcement of the article will result in unnecessary hardship.
B.
Who may appeal. Appeals to the Board of Appeals may be
taken by any aggrieved person or by an officer, department, board or bureau
of the Village of Waterford affected by any decision of the Village of Waterford.
