Village of Osceola, WI Subdivision of Land and Stormwater Management

Editor's Note: This ordinance also repealed former Ch. 218, Subdivision of Land, adopted 8-10-1993 by Ord. No. 7-93 as Ch. 17 of the 1993 Code, as amended 1-12-1999 by Ord. No. 99-01.

Article I Subdivision of Land

§ 218-1 Authority, purpose and interpretation.

In accordance with the authority granted by § 236.45, Wis. Stats., and for the purposes listed in §§ 236.01 and 236.45(1), Wis. Stats., the provisions of this article shall be held to be minimum requirements adopted to promote the health, safety, morals, comfort, prosperity and general welfare of the Village. However, this article shall not repeal, impair or modify private covenants or public ordinances, except that it shall apply whenever it imposes stricter regulations on land use.

§ 218-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ALLEY

A public or private right-of-way shown on a subdivision map or plat which provides secondary access to a lot, block or parcel of land.

ARTERIAL STREET

A street designed and used for through traffic.

COLLECTOR STREET

A street designed and used as an intermediate public thoroughfare, collecting traffic from minor street and channeling it to arterial streets.

DEVELOPED AREA

Land within the corporate limits of the Village which is, at the time a division of land is created, served by or physically and legally capable of being served by municipal sewer and water service, electrical service, the mains or lines whereof have been previously extended to or adjacent to the land in question, and is so located adjacent to improved public streets and, where required, sidewalks.

DIVISION

The act of splitting the legal description of a lot, parcel or tract of land into two or more lots, parcels or tracts of land, whether by means of a deed, certified survey map or plat.

LOT

All units of land legally described, whether referred to as a lot, parcel or tract of land, having frontage on a public street, intended to be used as a unit for the purpose, whether immediate or in the future, or transfer of ownership or building development and use.

STREET

A public way or thoroughfare dedicated to the public and set forth on the face of a subdivision mat or plat subject to this article.

SUBDIVISION

Includes any division of a lot, parcel or tract of land by the owner or his or her agent for the purpose of sale or building development where:

The act of division creates two or more parcels or building sites of 10 acres or less each.

Two or more parcels or building sites of 10 acres or less each are created by successive divisions within a five-year period.

§ 218-3 Exceptions.

The provisions of this article shall not apply to:

Transfers of interest in land by will or pursuant to court order.

Leases for a term not to exceed 10 years, mortgages or easements.

The sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by this article or other applicable laws or ordinances.

A division of a parcel, lot or tract of land in a developed area of the Village where each created and existing , reduced in size parcel, lot or tract is served by municipal sewer and water at the time of division.

§ 218-4 Plat submission and approval required.

No division of land within the Village or within its extraterritorial jurisdiction shall be permitted if it results in a subdivision, unless a plat of the subdivision is submitted and approved in accordance with this article and ch. 236, Wis. Stats.

§ 218-5 Conformance with zoning regulations and Comprehensive Plan.

No subdivision shall be approved which does not conform to Village zoning rules and regulations and the Comprehensive Plan of the Village , either within the Village limits or in its extraterritorial planning area.

§ 218-6 Installation of improvements.

The subdivider shall be responsible for the installation or construction of all improvements required by the Plan Commission with the exception of sidewalks and streetlighting.

For all subdivision improvements required to be installed by him/her, the subdivider shall provide satisfactory proof that he/she has contracted to install such improvements or shall file a performance bond insuring installment of such improvements within the time required by the Plan Commission and Board.

The specifications for all improvements shall be approved by the Plan Commission. Prior to either acceptance of the improvement by the Board or release of the subdivider's bond, all improvements shall be inspected and found to have been installed according to the specifications.

§ 218-7 Concept design.

Before submitting a preliminary plat to the approval process under § 218-8, each subdivider is encouraged to prepare, for review by the Village administrative staff, a concept design of the proposed subdivision. Said design shall contain such information as: site location, showing adjacent streets and subdivisions; boundaries of proposed subdivision; proposed street layout; approximate topographic features; proposed lot layout; easements, existing and proposed; and proposed surfaced water drainage.

No fee shall be charged for the concept design review. The purpose shall be to provide a general overview of the compliance of the proposed subdivision with existing rules and regulations.

§ 218-8 Preliminary plat.

The subdivider shall submit to the Plan Commission, and to those agencies having the authority to object to plats under the provisions of ch. 236, Wis. Stats., a preliminary plat based upon an accurate exterior boundary survey by a registered land surveyor which shall show clearly the proposed subdivision at a scale of not more that one inch per 100 feet, having two-foot contour intervals, identify proposed improvements (grading, tree planting, paving, installation of facilities and dedications of land) and easements which the subdivider proposes to establish. The subdivider shall also indicate by accompanying letter a time or times when the improvements will be constructed or provided. Any proposed restrictive covenants for the land involved shall be submitted for review as pertaining to their compliance with Village regulations.

After review of the preliminary plat and negotiations with the subdivider on changes advisable and the kind and extent of public improvements which will be required, the Plan Commission shall, unless the time is extended upon agreement with the subdivider, reject or approve conditionally the preliminary plat within 90 days, as provided by statute.

Upon the establishment of specific types and locations and size and extent of improvements which subdivider shall be required to construct, the Plan Commission, on behalf of the Village, and subdivider shall enter into a development contract under the terms of which the subdivider shall agree to his/her responsibilities as to subdivision improvements. In said contract the subdivider shall bind himself/herself to provide either a sum certain in cash, certificates of deposit or a bond to guarantee faithful performance in accord with the contract. The failure of the subdivider to act consistent with the contract prior to final plat approval shall constitute cause for refusal to issue building or occupancy permits for lots created by the subdivision.

Approval of the preliminary plat and execution of a development contract shall entitle the subdivider to final approval of the layout shown by such plat, provided that the final plat conforms substantially to such layout and conditions of approval have been met.

No preliminary plat shall be approved which does not conform in all respects with applicable ordinances of the Village, including but not limited to zoning, building construction, streets, sidewalks and utilities.

§ 218-9 Final plat.

Final plats shall be submitted to the Plan Commission within six months of preliminary plat acceptance unless this requirement is waived, in writing, by the Plan Commission.

The final plat shall conform to the preliminary plat as approved and to the requirements of all applicable ordinances and state laws and shall be submitted for certification by those agencies having the authority to object to the plat as provided by § 236.12(2), Wis. Stats.

The final plat shall be accompanied by detailed construction plans of all improvements, together with an executed copy of the development contract required under § 218-8C.

The final plat shall be presented to the Plan Commission at its regular meeting prior to the meeting at which it is to be considered and shall be accepted or rejected by the Plan Commission and the Board within 60 days of its submission, unless the time is extended by an agreement with the subdivider. Reasons for rejection shall be stated in the minutes of the Board meeting, and a copy of such reasons shall be given to the subdivider.

Approved final plats shall be recorded in accordance with the statutory requirements prior to the time that lots are offered for sale, reference is made to the map for sale purposes or use is made of lot and block numbers shown on the plat.

If the original of the final plat has been filed with another approving authority, the subdivider shall file a true copy of such plat with the Village in lieu of the original. Before the approval of the Plan Commission and Board will be inscribed on the original of the final plat, the surveyor or subdivider shall certify the respects in which the original of the final plat differs from the true copy, and all modifications shall first be approved.

§ 218-10 Streets and lots.

General.

The subdivider shall dedicate land for and improve streets, which shall conform to the Master Plan and be located with consideration for topographical conditions, natural features, existing and proposed streets, utilities and land uses and public convenience and safety.

All lots shall have sufficient frontage on a public street to allow vehicular access.

After installation of all utilities, the owner, the subdivider or both shall surface all streets that are proposed to be dedicated to the Village to widths and standards as prescribed by this article. The surfacing shall include subbase material, gravel base, bituminous or portland concrete, as per WI DOT standards for the proposed and or anticipated use. Curb and gutter shall be installed as per § 218-12A(4). All costs incurred for plans and specification approval and construction costs associated therewith shall be the responsibility of the subdivider until such time that the streets have been approved and accepted by the Village Board.

Before approval by the Plan Commission, the subdivider shall submit plans and specifications to the Village Engineer for approval. This submittal shall include design criteria for both base course material and pavement.

At time of construction, the subdivider shall construct streets in accordance with the approved plans and specifications and shall notify the Village Engineer of the construction schedule so that he/she may inspect the construction to ensure conformation with plans and specifications, or the subdivider shall have the Village design and install streets in conformance with this article and assess costs of street construction to the subdivider in accordance with Village assessment policy and the Wisconsin Statutes.

Before Village acceptance of streets, the Village Engineer shall inspect the streets to ensure that construction has conformed to plans and specifications, and the Village Engineer shall submit a written report and recommendation to the Village Board for its acceptance of the project.

Urban section. The minimum right-of-way and roadway width of all proposed streets and alleys in urban sections shall be as follows:

Type of Street	Right-of-Way Width To Be Reserved (feet)	Right-of-Way Width To Be Dedicated (feet)	Pavement Width (Face of Curb to Face of Curb) (feet)
Arterial	120	80	36 dual
			24 median
Collector	80	80	48
Minor, 1,000 feet or more in length	60	60	36
Minor, less than 1,000 feet in length, cul-de-sac and frontage	60	60	36
Alleys	25	25	20
Pedestrianways	10	10	5

Grades.

Unless necessitated by exceptional topography, subject to the approval of the Plan Commission, the maximum center-line grade of any street or public way shall not exceed the following:

Arterial streets: 6%.

Collector streets: 8%.

Minor streets, alleys and frontage streets: 10%.

Pedestrianways: 12%, unless steps of acceptable design are provided.

The grade of any street shall not exceed 12% or be less than 0.5%. Street grades shall be established wherever practicable so as to avoid excessive grading, removal of ground cover and tree growth and general leveling of the topography.

Curves. When a continuous street center line deflects at any one point by more than 10%, a circular curve shall be introduced having a radius of curvature on such center line of not less that the following:

Arterial streets and highways: 500 feet.

Collector streets: 300 feet.

Minor streets: 100 feet.

Continuation. Streets shall be laid out to provide for continuation wherever topographic and other physical conditions permit.

Through traffic on minor streets discouraged. Minor streets shall be laid out so as to discourage their use by through traffic.

Number of intersections. The number of intersections of minor streets with major streets shall be reduced to the practical minimum consistent with circulation needs and safety requirements.

Where a subdivision abuts or contains an existing or proposed arterial highway, the Plan Commission shall require a frontage road, nonaccess reservation along the rear of the property contiguous to such highway or such other treatment as may be necessary to ensure safe, efficient traffic flow and adequate protection of residential properties.

Reserve strips controlling access to streets shall be prohibited.

A tangent at least 100 feet long shall be required between reverse curves on arterial and collector streets.

Streets shall afford maximum visibility and safety and shall intersect at right angles where practicable.

Dedication of half-width streets shall be prohibited.

Permanent dead-end streets or culs-de-sac shall not be longer than 1,000 feet, shall have a minimum width of 50 feet and terminate with a turnaround having an outside roadway diameter of at least 80 feet and a street property line of 100 feet.

Where possible, lot lines shall be perpendicular to the street line and to the tangent at the lot corner or curved streets.

Lots shall follow, rather than cross, municipal boundary lines whenever practicable.

No street names shall be used which duplicate or may be confused with the names of existing streets. Street names shall be subject to the approval of the Plan Commission.

§ 218-11 Block design.

General. The lengths, widths and shapes of blocks shall be appropriate for the topography and the type of development contemplated.

Sidewalks. To provide access and circulation to community facilities, sidewalks shall be designed by the subdivider along both sides of streets and, where a block exceeds 1,000 feet in length, through the center of blocks. Center crosswalks shall not be less than 10 feet wide. The subdivider shall install the center crosswalks where required. The Plan Commission, in consultation with the subdivider and taking into consideration public welfare and safety concerns, together with aesthetics, both in the subdivision itself and throughout the Village, may modify these requirements on a case-by-case basis.

Subdivision lots shall be in conformance with the area and width requirements of Village zoning rules and regulations. Area and width shall conform to town zoning ordinances and Chapter H65, Wisconsin Administrative Code.

The Plan Commission shall exercise, on behalf of the Village, approval authority as to the location and species of trees which may be planted by the subdivider or successors in interest in boulevards or streets created by the act of subdividing.

§ 218-12 Required improvements.

In accordance with specifications approved by the Plan Commission, the subdivider shall provide for each lot the following:

Adequate sewer and water facilities.

Streets, of urban design with base and subbase preparation done to meet WI DOT standards for the proposed and/or anticipated use.

Paving, done in asphaltic or portland concrete.

Curb and gutter, done in a 6-24 design of portland concrete.

Surface water drainage and/or storage structures, meeting all state and local regulations.

Streetlighting facilities.

The installation of curb and gutter shall be waived where rural road sections have been approved by the Plan Commission.

It shall be the responsibility of the subdivider to design adequate street lighting for the entire subdivision so as to fulfill Subsection A(6) above. Insofar as the Village shall be responsible for its installation, the Plan Commission shall, on its behalf, approve all streetlighting plans.

Each subdivision approved of under this article shall be designed so as to require that all utilities' service lines shall be placed underground.

§ 218-13 Easements.

The Plan Commission shall require easements for poles, wires, conduits, storm and sanitary sewers, gas, water and head mains or other utility lines. Easements for utility services such as those enumerated shall be at least 10 feet wide and may run across lots or alongside of rear lot lines, subject to the preference that easements be located along the rear lot lines. No buildings or other structures shall be erected upon or over these easements. In addition, a one-foot-wide easement shall be dedicated at and immediately behind the front lot line for installation by the Village Water Utility of a waterline cut off valve.

The Plan Commission shall require that easements or drainageways be provided where a subdivision includes a segment or segments of watercourses, drainageways, channels or streams.

§ 218-14 Public recreation and open spaces.

During the preliminary plat review process, the Plan Commission shall take into consideration the location of the proposed subdivision as it relates to existing parks, open spaces and public grounds, the site of the proposed subdivision and the potential population on the projected lots in determining whether and to what extent a dedication shall be required for public recreational and open space needs. In making this determination, the Plan Commission may require that up to, but not exceeding, 10% of the total land area of the proposed plat or a sum of money equivalent to the average land value of the subdivision when platted, as agreed upon and between the subdivider and the Village or as determined by a real estate appraiser retained by the Village, be dedicated to the Village.

In the specific case of a subdivision in which multifamily housing units will or may be constructed, the subdivider shall establish an area of land of sufficient size to be used as a tot lot or playground for children. The Plan Commission shall determine its size as based upon the projected population of the multifamily housing units which could or may be built in the subdivision, using the maximum number of potential units as would be permitted under Village zoning regulations. In the sole description of the Village, it may or may not decide to accept a dedication of a tot lot. In the event that it does not decide to accept such dedication, the subdivider shall take adequate legal steps to make it available for use by residents of the subdivision.

§ 218-15 Variances and exceptions.

Where the Plan Commission finds strict compliance with these regulations shall not accomplish the purposes of the Village subdivision chapter or shall result in expenses or physical layout requirements inordinate to the scope of the proposed subdivision, it shall recommend to the Board such exceptions to the chapter so that substantial justice shall be done and the public interest secured, provided that such exceptions shall not have the effect of nullifying the intent and purpose of this article, and provided that the Plan Commission shall not recommend exceptions to the regulations of this article unless it makes findings based upon the evidence presented to it in each specific case that:

The granting of the exception shall not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the subdivision is located.

The conditions upon which the request for an exception is based are unique to the subdivision or the individual lot therein for which the exception is sought and are not applicable, generally, to other property in the Village.

Because of the particular physical surroundings, shape or topographical conditions of the specific subdivision or the individual lot therein involved, a hardship to the owner would result if the strict letter of the regulations were enforced. For purposes of this section, hardship shall not include economic factors personal to the subdivider or his/her successors in interest. It shall be limited to physical inability to use the property in question to purposes permissible in the zoning district in which the subdivision is situated.

§ 218-16 Bond or letter of credit to guarantee performance to be required.

Pursuant to § 61.34(1), Wis. Stats., in the interest of the government and good order of and for the prudent management of the Village finances and for the convenience of the public it is deemed to be in the public's best interest to require all persons who apply for and receive subdivision approvals where as a condition to the granting of such approval it is required that an improvement for public use and benefit shall be installed, built or constructed or other specified performance is required, the subdivider shall, in accord with Subsection B, below, file a bond or irrevocable letter of credit with the Village Clerk guaranteeing his/her performance. This section is for the expressed purposes of ensuring that subdividers complete agreed upon obligations to the Village and to prevent the Village, should it be required to complete performance of conditions, from having to use taxpayers monies to do so.

Each subdivider of lands who obtains approval of a land division from the Village which is conditioned upon his/her/its faithful performance in favor of the public, including but not limited to the installation of improvements or performance of other specified obligations, shall be required to post a bond or irrevocable letter of credit in favor of the Village to guarantee his/her/its performance in accord with the required specifications. Each such bond or letter of credit shall be in such amount as will fully indemnify the Village against the cost of securing the completion of such performance or in such lesser amount as the Village deems to be adequate. As progress toward accomplishing the performance is made, in the sole discretion of the Village, the amount of the bond or letter of credit may be reduced.

§ 218-17 Development agreement required.

If, pursuant to the terms of this article, a development agreement is required to be executed by the subdivider, or if in order to comply with terms and conditions of a conditional use permit or to meet requirements resulting from a rezoning certain obligations are imposed upon the subdivider, the subdivider shall be required to execute a development agreement which shall be drafted in such a form as to fulfill the objectives or standards of the Village. Such an agreement may include, but shall not be limited to, terms and conditions such as the timing of performance or installation of improvements, the posting of adequate performance bonds, penalties for nonperformance and the quality or quantity of materials or supplies to be incorporated in required improvements. The failure or refusal of a subdivider to execute such an agreement shall constitute grounds for denial of or cessation of processing of a subdivision application under this article.

§ 218-18 Enforcement; land use permit.

The Building Inspector or his or her designated representative shall see that the provisions of this article are enforced. No land use permit shall be issued for construction on any lot until the final plat for the subdivision has been duly recorded or a certified survey map is recorded.

§ 218-19 Compliance with state and federal standards required.

In designing a subdivision, the subdivider shall comply with all applicable state and federal rules and regulations. Failure to do so shall constitute grounds for refusal to grant final approval of plat.

§ 218-20 Violations and penalties.

Any person who shall violate any provision of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-19 of this Code.

Article II Postconstruction Stormwater Management

[Added 3-14-2006 by Ord. No. 06-05]

§ 218-21 Authority; administration; scope.

This article is adopted by the Village Board under the authority granted by § 61.354, Wis. Stats. This article supersedes all provisions of an ordinance previously enacted under § 61.35, Wis. Stats., that relate to stormwater management regulations. Except as otherwise specified in § 61.354, Wis. Stats., § 61.35, Wis. Stats., applies to this article and to any amendments to this article.

The provisions of this article are deemed not to limit any other lawful regulatory powers of the same Village Board.

The Village Board hereby designates the Village Administrator to administer and enforce the provisions of this article.

The requirements of this article do not preempt more stringent stormwater management requirements that may be imposed by any of the following:

Wisconsin Department of Natural Resources administrative rules, permits or approvals including those authorized under §§ 281.16 and 283.33, Wis. Stats.

Targeted nonagricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under NR 151.004, Wis. Adm. Code.

§ 218-22 Findings of fact.

The Village Board finds that uncontrolled, postconstruction 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 postconstruction runoff can:

Degrade physical stream habitat by increasing stream bank erosion, increasing streambed scour, diminishing groundwater recharge, diminishing stream base flows and increasing stream temperature.

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.

Alter wetland communities by changing wetland hydrology and by increasing pollutant loads.

Reduce the quality of groundwater by increasing pollutant loading.

Threaten public health, safety, property and general welfare by overtaxing storm sewers, drainageways, and other minor drainage facilities.

Threaten public health, safety, property and general welfare by increasing major flood peaks and volumes.

Undermine floodplain management efforts by increasing the incidence and levels of flooding.

§ 218-23 Purpose and intent.

Purpose. The general purpose of this article is to establish long-term, postconstruction runoff management requirements that will diminish the threats to public health, safety, welfare and the aquatic environment. Specific purposes are to:

Further the maintenance of safe and healthful conditions.

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.

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.

Intent. It is the intent of the Village Board that this article regulates postconstruction 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 § 281.16, Wis. Stats., 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 postconstruction management measures acceptable for the community.

§ 218-24 Applicability; jurisdiction.

Applicability.

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, unless the site is otherwise exempt under Subsection A(2).

A postconstruction site that had five or more acres of land-disturbing construction activity.

A post-development construction site that had one or more acres of land-disturbing construction activity after the effective date of this article.

A site that meets any of the criteria in this subsection is exempt from the requirements of this article.

A redevelopment postconstruction site with no increase in exposed parking lots or roads.

A postconstruction site with less than 10% connected imperviousness based on complete development of the postconstruction site, provided the cumulative area of all parking lots and rooftops is less than one acre.

Nonpoint discharges from agricultural facilities and practices.

Nonpoint discharges from silviculture activities.

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.

AGRICULTURAL FACILITIES AND PRACTICES

Notwithstanding the applicability requirements in Subsection A(1), this article applies to postconstruction sites of any size that, in the opinion of the Village Administrator, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that cause undue channel erosion, that increase water pollution by scouring or the transportation of particulate matter or that endanger property or public safety.

Jurisdiction. This article applies to postconstruction sites within the boundaries and jurisdiction of the Village of Osceola as well as the extraterritorial division of land subject to an ordinance enacted pursuant to § 236.45(2) and (3), Wis. Stats.

Exclusions. This article is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats., which is subject to the state plan promulgated or a memorandum of understanding entered into under § 281.33(2), Wis. Stats.

§ 218-25 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ADMINISTERING AUTHORITY

The Village Administrator and his/her designee.

Has the meaning given in § 281.16, Wis. Stats.

AVERAGE ANNUAL RAINFALL

A calendar year of precipitation, excluding snow, which is considered typical.

BEST MANAGEMENT PRACTICE or BMP

Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize sediment or pollutants carried in runoff to waters of the state.

BUSINESS DAY

A day the office of the Village Administrator is routinely and customarily open for business.

CEASE AND DESIST ORDER

A court-issued order to halt land-disturbing construction activity that is being conducted without the required permit.

COMBINED SEWER SYSTEM

A system for conveying both sanitary sewage and stormwater runoff.

CONNECTED IMPERVIOUSNESS

An impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious flow path.

DESIGN STORM

A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.

DEVELOPMENT

Residential, commercial, industrial or institutional land uses and associated roads.

DIVISION OF LAND

The splitting of a lot, parcel or tract of land into two or more lots, parcels or tracts of land, whether by means of a deed, certified survey map or plat.

EFFECTIVE INFILTRATION AREA

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.

EROSION

The process by which the land's surface is worn away by the action of wind, water, ice or gravity.

EXCEPTIONAL RESOURCE WATERS

The waters of Osceola Creek.

EXTRATERRITORIAL

The unincorporated area within 1.5 miles of the Village.

FINAL STABILIZATION

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.

FINANCIAL GUARANTEE

A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the Village Administrator by the responsible party to assure that requirements of the ordinance are carried out in compliance with the stormwater management plan.

GOVERNING BODY

The Village Board of Trustees.

IMPERVIOUS SURFACE

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.

IN-FILL AREA

An undeveloped area of land located within existing development.

INFILTRATION

The entry of precipitation or runoff into or through the soil.

INFILTRATION SYSTEM

A device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or roadside channels designed for conveyance and pollutant removal only.

KARST FEATURE

An area or 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.

LAND-DISTURBING CONSTRUCTION ACTIVITY

Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land-disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling, and grading activities.

MAINTENANCE AGREEMENT

A legal document that provides for long-term maintenance of stormwater management practices.

MEP or MAXIMUM EXTENT PRACTICABLE

A level of implementing best management practices in order to achieve a performance standard specified in this article, which takes into account the best available technology, cost effectiveness and other competing issues such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. MEP allows flexibility in the way to meet the performance standards and may vary based on the performance standard and site conditions.

NEW DEVELOPMENT

Development resulting from the conversion of previously undeveloped land or agricultural land uses.

OFF-SITE

Located outside the property boundary described in the permit application.

ON-SITE

Located within the property boundary described in the permit application.

ORDINARY HIGH-WATER MARK

Has the meaning given in NR 115.03(6), Wis. Adm. Code.

OUTSTANDING RESOURCE WATERS

Waters listed in NR 102.10, Wis. Adm. Code.

PERCENT FINES

The percentage of a given sample of soil, which passes through a #200 sieve.

PERFORMANCE STANDARD

A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.

PERMIT

A written authorization made by the Village Administrator to the applicant to conduct land-disturbing construction activity or to discharge postconstruction runoff to waters of the state.

PERMIT ADMINISTRATION FEE

A sum of money paid to the Village Administrator by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.

PERVIOUS SURFACE

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.

POLLUTANT

Has the meaning given in § 283.01(13), Wis. Stats.

POLLUTION

Has the meaning given in § 281.01(10), Wis. Stats.

POSTCONSTRUCTION SITE

A construction site following the completion of land-disturbing construction activity and final site stabilization.

PREDEVELOPMENT CONDITION

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.

PREVENTIVE ACTION LIMIT

Has the meaning given in NR 140.05(17), Wis. Adm. Code.

REDEVELOPMENT

Areas where development is replacing older development.

RESPONSIBLE PARTY

Any entity holding fee title to the property or other person contracted or obligated by other agreement to implement and maintain postconstruction stormwater BMPs.

RUNOFF

Stormwater or precipitation, including rain, snow or ice melt or similar water, that moves on the land surface via sheet or channelized flow.

SEPARATE STORM SEWER

A conveyance or system of conveyances, including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:

Is designed or used for collecting water or conveying runoff.

Is not part of a combined sewer system.

Is not draining to a stormwater treatment device or system.

Discharges directly or indirectly to waters of the state.

SITE

The entire area included in the legal description of the land on which the land-disturbing construction activity occurred.

STOP-WORK ORDER

An order issued by the Village Administrator, which requires that all construction activity on the site be stopped.

STORMWATER MANAGEMENT PLAN

A comprehensive plan designed to reduce the discharge of pollutants from stormwater after the site has undergone final stabilization following completion of the construction activity.

STORMWATER MANAGEMENT SYSTEM PLAN

A comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.

TECHNICAL STANDARD

A document that specifies design, predicted performance, and operation and maintenance specifications for a material, device, or method.

TOP OF THE CHANNEL

An edge, or point on the landscape, landward from the ordinary high water mark of a surface water of the state, where the slope of the land begins to be less than 12% continually for at least 50 feet. If the slope of the land is 12% or less continually for the initial 50 feet, landward from the ordinary high water mark, the top of the channel is the ordinary high-water mark.

TR-55

The United States Department of Agriculture, Natural Resources Conservation Service (previously Soil Conservation Service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986.

TYPE II DISTRIBUTION

A rainfall type curve as established in the United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published 1973. The Type II curve is applicable to all of Wisconsin and represents the most intense storm pattern.

VILLAGE ADMINISTRATOR

The Administrator of the Village of Osceola or designee.

WATERS OF THE STATE

Has the meaning given in § 281.01(18), Wis. Stats.

§ 218-26 Technical standards.

The following methods shall be used in designing the water quality, peak flow shaving and infiltration components of stormwater practices needed to meet the water quality standards of this article:

Technical standards identified, developed, or disseminated by the Wisconsin Department of Natural Resources under Subchapter V of Chapter NR 151, Wis. Adm. Code.

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 Board.

In this article, the following year and location has been selected as average annual rainfall(s): Minneapolis, 1959 (March 13 - November 4).

§ 218-27 Performance standards.

Responsible party. The responsible party shall implement a postconstruction stormwater management plan that incorporates the requirements of this section.

Plan. A written stormwater management plan in accordance with § 218-29 shall be developed and implemented for each postconstruction site.

Requirements. The plan required under Subsection B shall include the following:

Total suspended solids. BMPs shall be designed, installed and maintained to control total suspended solids carried in runoff from the postconstruction site as follows:

For new development, by design, reduce, to the maximum extent practicable, the total suspended solids load by 80%, based on the average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed an eighty-percent total suspended solids reduction to meet the requirements of this subsection.

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.

For in-fill development under five acres that occurs within 10 years after the effective date of this article, by design, reduce, to the maximum extent practicable, the total suspended solids load by 40%, based on an average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed a forty-percent total suspended solids reduction to meet the requirements of this subsection.

For in-fill development that occurs 10 or more years after the effective date of this rule (March 14, 2006), 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.

Notwithstanding Subsection C(1)(a) through (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.

Peak discharge.

By design, BMPs shall be employed to maintain or reduce the peak runoff discharge rates, to the maximum extent practicable, as compared to predevelopment conditions for the two-year, twenty-four-hour design storm applicable to the postconstruction site. Predevelopment 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 predevelopment 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 Predevelopment Runoff Curve Numbers for Cropland Areas
	Hydrologic Soil Group	A	B	C	D
	Runoff Curve Number	56	70	79	83

This subsection of the ordinance does not apply to any of the following:

A postconstruction site where the change in hydrology due to development does not increase the existing surface water elevation at any point within the downstream receiving water by more than 0.01 of a foot for the two-year, twenty-four-hour storm event.

A redevelopment postconstruction site.

An in-fill development area less than five acres.

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 (h).

For residential developments, one of the following shall be met:

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.

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.

For nonresidential development, including commercial, industrial and institutional development, one of the following shall be met:

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.

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.

Predevelopment condition shall be the same as in Subsection C(2).

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(2)(h). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.

Exclusions. The runoff from the following areas are prohibited from meeting the requirements of this subsection:

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

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

Fueling and vehicle maintenance areas.

Areas within 1,000 feet upgradient or within 100 feet downgradient of karst features.

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 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 of separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock.

[7]

Areas within 400 feet of a community water system well as specified in NR 811.16(4), Wis. Adm. Code, or within 100 feet of a private well as specified in NR 812.08(4), Wis. Adm. Code, for runoff infiltrated from commercial, industrial and institutional land uses or regional devices for residential development.

[8]

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

[9]

Any area where the soil does not exhibit one of the following soil characteristics between the bottom of the infiltration system and the seasonal high groundwater and top of bedrock: at least a three-foot soil layer with 20% fines or greater; or at least a five-foot soil layer with 10% fines or greater. This does not apply where the soil medium within the infiltration system provides an equivalent level of protection. This Subsection 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:

Areas where the infiltration rate of the soil is less than 0.6 inch/hour measured at the site.

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

Redevelopment postconstruction sites.

In-fill development areas less than five acres.

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)

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

(h)

Standards to be met.

Infiltration systems designed in accordance with this subsection 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 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.

Notwithstanding Subsection C(3)(h)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.

Protective areas.

"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.

For outstanding resource waters and exceptional resource waters, and for wetlands in areas of special natural resource interest as specified in NR 103.04, 75 feet.

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.

For lakes, 50 feet.

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). 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.

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 NR 103.03.

[7]

For concentrated flow channels with drainage areas greater than 130 acres, 10 feet.

This subsection applies to postconstruction sites located within a protective area, except those areas exempted pursuant to Subsection C(4)(d).

The following requirements shall be met:

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.

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.

Best management practices such as filter strips, swales, or wet detention basins that are designed to control pollutants from non-point sources may be located in the protective area.

This subsection does not apply to:

Redevelopment postconstruction sites.

In-fill development areas less than five acres.

Structures that cross or access surface waters such as boat landings, bridges, and culverts.

Structures constructed in accordance with § 59.692(1v), Wis. Stats.

Postconstruction sites from which runoff does not enter the surface water, except to the extent that vegetative ground cover is necessary to maintain bank stability.

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.

Swale treatment for transportation facilities.

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:

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.

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.

Exemptions. The Village Administrator may, consistent with water quality standards, require other provisions of this section to 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:

An outstanding resource water.

An exceptional resource water.

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.

Waters where targeted performance standards are developed under NR 151.004, Wis. Adm. Code, to meet water quality standards.

General considerations for on-site and off-site stormwater management measures. The following considerations shall be observed in managing runoff:

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.

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.

Location and regional treatment option.

The BMPs may be located on-site or off-site as part of a regional stormwater device, practice or system.

Postconstruction runoff within a nonnavigable surface water that flows into a BMP, such as a wet detention pond, is not required to meet the performance standards of this article. Postconstruction BMPs may be located in nonnavigable surface waters.

Except as allowed under Subsection E(4), postconstruction runoff from new development shall meet the postconstruction performance standards prior to entering a navigable surface water.

Postconstruction 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:

The BMP was constructed prior to the effective date of this article and the BMP either received a permit issued under ch. 30, Wis. Stats., or the BMP did not require a ch. 30, Wis. Stats., permit; and

The BMP is designed to provide runoff treatment from future upland development.

Runoff from existing development, redevelopment, and in-fill areas shall meet the postconstruction performance standards in accordance with this subsection.

To the maximum extent practicable, BMPs shall be located to treat runoff prior to discharge to navigable surface waters.

Postconstruction 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 ch. NR 103, Wis. Adm. Code, and ch. 30, Wis. Stats.

The discharge of runoff from a BMP, such as a wet detention pond, or after a series of such BMPs is subject to this article.

The Village Administrator may approve off-site management measures, provided that all of the following conditions are met:

The administrating authority determines that the postconstruction runoff is covered by a stormwater management system plan that is approved by the Village of Osceola and that contains management requirements consistent with the purpose and intent of this article.

The off-site facility meets all of the following conditions:

The facility is in place.

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.

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

Where a regional treatment option exists such that the Village Administrator 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 Administrator. In determining the fee for postconstruction runoff, the Village Administrator shall consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of the regional treatment option.

Alternate requirements. The Village Board may establish stormwater management requirements more stringent than those set forth in this section if the Village Administrator determines that an added level of protection is needed to protect sensitive resources.

§ 218-28 Permitting requirements, procedures, and fees.

Permit required. No responsible party may undertake a land-disturbing construction activity without receiving a postconstruction runoff permit from the Village Administrator prior to commencing the proposed activity.

Permit application and fees. Unless specifically excluded by this article, any responsible party desiring a permit shall submit to the Village Administrator a permit application made on a form provided by the Village Administrator for that purpose.

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.

The stormwater management plan shall be prepared to meet the requirements of § 218-29, the maintenance agreement shall be prepared to meet the requirements of § 218-30, the financial guarantee shall meet the requirements of § 218-31, and fees shall be those established by the Village Board as set forth in § 218-32.

Review and approval of permit application. The Village Administrator 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:

Within 10 business days of the receipt of a complete permit application, including all items as required by Subsection B, the Village Administrator shall inform the applicant whether the application, plan, and maintenance agreement are approved or disapproved based on the requirements of this article.

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 Administrator shall issue the permit.

If the stormwater permit application, plan, or maintenance agreement is disapproved, the Village Administrator shall detail in writing the reasons for disapproval.

The Village Administrator may request additional information from the applicant. If additional information is submitted, the Village Administrator shall have 10 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.

Failure by the Village Administrator to inform the permit applicant of a decision within 10 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.

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 Administrator may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Village Administrator to suspend or revoke this permit may be appealed in accordance with § 218-34.

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.

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.

The responsible party shall notify the Village Administrator at least two business days before commencing any work in conjunction with the stormwater management plan, and within two 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 Administrator so that practice installations can be inspected during construction.

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 Administrator or its designee to determine if they are in accordance with the approved stormwater management plan and ordinance. The Village Administrator 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.

The responsible party shall notify the Village Administrator of any significant modifications it intends to make to an approved stormwater management plan. The Village Administrator may require that the proposed modifications be submitted to it for approval prior to incorporation into the stormwater management plan and execution by the responsible party.

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 Board, or are transferred to subsequent private owners as specified in the approved maintenance agreement.

The responsible party authorizes the Village Administrator 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 subch. VII of ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 218-31.

If so directed by the Village Administrator, the responsible party shall repair at the responsible party's own expense all damage to adjoining municipal facilities and drainageways 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 Administrator 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 Administrator may require the responsible party to make appropriate legal arrangements with affected property owners concerning the prevention of endangerment to property or public safety.

(11)

The responsible party is subject to the enforcement actions and penalties detailed in § 218-33, if the responsible party fails to comply with the terms of this permit.

Permit conditions. Permits issued under this subsection may include conditions established by the Village Administrator in addition to the requirements needed to meet the performance standards in § 218-2 or a financial guarantee as provided for in § 218-31.

Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the Village Administrator notifies the responsible party that all stormwater management practices have passed the final inspection required under Subsection D(4).

§ 218-29 Stormwater management plan.

Plan requirements. The stormwater management plan required under § 218-28B shall contain at a minimum the following information:

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.

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.

Predevelopment site conditions, including:

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 two 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 NR 811.16, Wis. Adm. Code.

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).

Post-development site conditions, including:

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.

Explanation of any restrictions on stormwater management measures in the development area imposed by wellhead protection plans and ordinances.

One or more site maps at a scale of not less than one inch equals 100 feet showing the following: postconstruction pervious areas, including vegetative cover type and condition; impervious surfaces, including all buildings, structures, and pavement; postconstruction topographic contours of the site at a scale not to exceed two feet; postconstruction 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 drainageway; 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.

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).

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.

A description and installation schedule for the stormwater management practices needed to meet the performance standards in § 218-27.

A maintenance plan developed for the life of each stormwater management practice, including the required maintenance activities and maintenance activity schedule.

Cost estimates for the construction, operation, and maintenance of each stormwater management practice.

Other information requested in writing by the Village Administrator to determine compliance of the proposed stormwater management measures with the provisions of this article.

(9)

All site investigations, plans, designs, computations, and drawings shall be certified by a licensed professional engineer to be prepared in accordance with accepted engineering practice and requirements of this article.

Alternate requirements. The Village Administrator may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under § 218-27E.

§ 218-30 Maintenance agreement.

Maintenance agreement required. The maintenance agreement required under § 218-28 for stormwater management practices shall be an agreement between the Village Administrator 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.

Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 218-29A(6):

Identification of the stormwater facilities and designation of the drainage area served by the facilities.

A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under § 218-28B.

Identification of the responsible party(s), organization or city, county, town or village responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan required under § 218-28B.

Requirement that the responsible party(s), organization, or city, county, town or village shall maintain stormwater management practices in accordance with the schedule included in Subsection B(2).

Authorization for the Village Administrator 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.

A requirement on the Village Administrator to maintain public records of the results of the site inspections, to inform the responsible party responsible for maintenance of the inspection results, and to specifically indicate any corrective actions required to bring the stormwater management practice into proper working condition.

Agreement that the party designated under Subsection B(3), as responsible for long-term maintenance of the stormwater management practices, shall be notified by the Village Administrator of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Village Administrator.

Authorization of the Village Administrator to perform the corrected actions identified in the inspection report if the responsible party designated under Subsection B(3) does not make the required corrections in the specified time period. The Village Administrator shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to subchapter VII of ch. 66, Wis. Stats.

§ 218-31 Financial guarantee.

Establishment of the guarantee. The Village Administrator may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the Village Administrator. The financial guarantee shall be in an amount determined by the Village Administrator to be the estimated cost of construction and the estimated cost of maintenance of the stormwater management practices during the period for which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the Village Administrator the authorization to use the funds to complete the stormwater management practices if the responsible party defaults or does not properly implement the approved stormwater management plan, upon written notice to the responsible party by the Village Administrator that the requirements of this article have not been met.

Conditions for release. Conditions for the release of the financial guarantee are as follows:

The Village Administrator shall release the portion of the financial guarantee established under this section, less any costs incurred by the Village Administrator to complete installation of practices, upon submission of "as built" plans by a licensed professional engineer. The Village Administrator may make provisions for a partial pro-rata release of the financial guarantee based on the completion of various development stages.