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54 - Stormwater Management - McFarland
Ordinance #54
Stormwater
Stormwater Management - McFarland
AN ORDINANCE TO REVISE THE STORMWATER MANAGEMENT REGULATIONS OF THE VILLAGE OF MCFARLAND
Purpose: The Village of McFarland has regulated stormwater for a number of years, with the most recent revisions taking place at the time of codification of the Village Ordinances. This revision takes as its starting point the Stormwater Run-Off Model Ordinance promulgated by the Wisconsin Department of Natural Resources.
Sponsor: Director of Public Works Dancker.
Recommended Referral: Public Works Committee; Plan Commission
Public Hearing: Recommended; Class 2 Notice.
The Village Board of the Village of McFarland do hereby ordain as follows:
1. Title 15, Chapter 5, Article B (Title), of the McFarland Municipal Code is hereby amended to read as follows:
"Stormwater Management:"
2. Section 15-5-20 of the McFarland Municipal Code is hereby repealed and recreated to read as follows:
"SEC. 15-5-20 AUTHORITY.
(a) This Ordinance is adopted by the Village Board under the authority granted by Wis. Stats. Sec. 61.354. This Ordinance supersedes all conflicting and contradictory stormwater management regulations previously enacted under Wis. Stats. Sec. 61.35. Except as specifically provided for in Wis. Stats. Sec. 61.354, Wis. Stats. Sec. 61.35 applies to this Ordinance and to any amendments to this Ordinance.
(b) The provisions of this Ordinance shall not limit any other lawful regulatory powers of the Village Board.
(c) The Village Board hereby designates the Director of Public Works to administer and enforce the provisions of this Ordinance.
(d) The requirements of this Ordinance do not limit any additional stormwater management requirements that may be imposed by WPDES Storm Water Permits issued by the Department of Natural Resources under Wis. Stats. Sec. 147.021."
3. Section 15-5-21 of the McFarland Village Code is hereby repealed and recreated to read as follows:
"SEC. 15-5-21 FINDINGS AND PURPOSE.
(a) Findings of Fact. The Village Board finds that uncontrolled stormwater runoff from land development activity has a significant impact upon water resources and the health, safety, general welfare of the community and diminishes the public enjoyment and use of natural resources. Specifically, uncontrolled stormwater runoff can:
(1) degrade physical stream habitat by increasing bank erosion, increasing stream bed scour, diminishing groundwater recharge, and diminishing stream base flows;
(2) diminish the capacity of lakes and streams to support fish, aquatic life, recreational, and water supply uses by increasing loadings of nutrients and other urban pollutants;
(3) alter wetland communities by changing wetland hydrology and by increasing pollutant loads;
(4) reduce the quality of groundwater by increasing pollutant loading;
(5) threaten public health, safety, property, and general welfare by overtaxing storm sewers, drainage ways, and other minor drainage facilities;
(6) threaten public health, safety, property, and general welfare by increasing major flood peaks and volumes;
(7) undermine floodplain management efforts by increasing the incidence and levels of flooding.
(b) Purpose. The general purpose of this Ordinance is to set forth stormwater requirements and criteria which will diminish the threats to public health, safety, welfare, and the aquatic environment due to runoff of stormwater from land development activity. Specific purposes are to:
(1) further the maintenance of safe and healthful conditions;
(2) prevent and control the adverse effects of stormwater, prevent and control soil erosion, prevent and control water pollution, protect spawning grounds, fish and aquatic life;
(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; prevent conditions that endanger downstream property;
(4) control building sites, placement of structures, and land uses, and promote sound economic growth.
(c) Intent. It is the intent of the Village Board that this Ordinance manage the long-term post-construction stormwater discharges from land development activities. The Village Board recognizes that the preferred method of addressing stormwater management problems is through the preparation of comprehensive stormwater management system plans for subwatershed areas which are designed to meet the purpose and intent of this Ordinance. Where such system plans have been developed and approved by the Village Board, it is the intent that all land development activities, as defined in Section 15-5-23(e) of this Ordinance, will include stormwater management measures that meet performance standards set forth in those approved plans. Where such stormwater management system plans have not been developed or approved by the Village Board, it is the intent of the Village Board that the generic stormwater management standards set forth in Sections 15-5-26(a) and 15-5-26(b) of this Ordinance be applied unless otherwise excepted by the Village Board. This Ordinance shall not apply to lands on which the only structures are buildings existing on the effective date of this Ordinance which are not redeveloped in a manner that increases discharge volume after the effective date of this Ordinance."
4. Section 15-5-23(a) of the McFarland Municipal Code is hereby amended to read as follows:
"(a) Agricultural Activity. Use of land for planting, growing, cultivating and harvesting of crops for human or livestock consumption;-pasturing or yarding of livestock, growing and tending of gardens and trees: harvesting of trees."
5. Section 15-5-23(am) of the McFarland Municipal Code is hereby created to read as follows:
"(am) Business Day. A day on which the Village Public Works office is routinely and customarily open for business."
6. Section 15-5-23(an) of the McFarland Municipal Code is hereby created to read as follows:
"(an) Cease and Desist Order. An order issued by the Director of Public Works or by a Court to halt land developing activity that is being conducted without the required permit."
7. Section 15-5-23(bm) of the McFarland Municipal Code is hereby created to read as follows:
"(bm) Common Plan of Development on Sale. All lands within the boundary of a certified survey or plat created for the purpose of development or sale of property where multiple, separate and distinct land developing activity may take place at different times and on different schedules."
8. Section 15-5-23(cm) of the McFarland Municipal Code is hereby created to read as follows:
"(cm) Design Storm. A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total rainfall depth."
9. Section 15-5-23(cn) of the McFarland Municipal Code is hereby created to read as follows:
"(cn) Discharge Volume. The quantity of runoff discharged from the land surface as the result of a rainfall event."
10. Section 15-5-23(dm) of the McFarland Municipal Code is hereby created to read as follows:
"(dm) Financial Guarantee. A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantee submitted to the Village by the permit holder to assure that requirements of the Ordinance are carried out in compliance with the stormwater management plan."
11. Section 15-5-23(dn) of the McFarland Municipal Code is hereby created to read as follows:
"(dn) Gross Aggregate Area. The total area, in acres, of all land located within the property boundary containing the land development activity."
12. Section 15-5-23(dp) of the McFarland Municipal Code is hereby created to read as follows:
"(dp) Groundwater Enforcement Standard. A numerical value expressing the concentration of a substance in groundwater which is adopted under Wis. Stats. Sec. 160.07 and Wis. Admin. Code § NR 140.10 or Wis. Stats. § 160.09 and Wis. Admin. Code § NR 140.12."
13. Section 15-5-23(dq) of the McFarland Municipal Code is hereby created to read as follows:
"(dq) Groundwater Preventive Action Limit. A numerical value expressing the concentration of a substance in groundwater which is adopted under Wis. Stats. § 160.15 and Wis. Admin. Code Secs. NR 140.10, 140.12 or 140.20."
14. Section 15-5-23(dr) of the McFarland Municipal Code is hereby created to read as follows:
"(dr) Impervious Surface. A surface that releases the rainfall as Surface runoff during a large portion of the design rainfall event. Rooftops, sidewalks, parking lots, and street surfaces are examples of impervious surfaces."
15. Section 15-5-23(ds) of the McFarland Municipal Code is hereby created to read as follows:
"(ds) Infiltration. The process by which rainfall or surface runoff percolates or penetrates into the underlying soil."
16. Section 15-5-23(e) of the McFarland Municipal Code is hereby amended to read as follows:
"(e) Land Development Activity. The construction or re-development of buildings, roads, parking lots, paved and unpaved areas and similar facilities not including agricultural activity."
17. Section 15-5-23(hm) of the McFarland Municipal Code is hereby created to read as follows:
"(hm) Maintenance Agreement. A legal document that is filed with the County Register of Deeds as a property deed restriction, and which provides for long-term maintenance of stormwater management practices."
18. Section 15-5-23(hn) of the McFarland Municipal Code is hereby created to read as follows:
"(hn) Non-Storm Discharge. A discharge to the storm sewer system created by some process other than stormwater runoff."
19. Section 15-5-23(hp) of the McFarland Municipal Code is hereby created to read as follows:
"(hp) Non-Structural Measure. A practice, technique, or measure to reduce the volume, peak flow rate, or pollutants in stormwater that does not require the design or installation of fixed stormwater management facilities."
20. Section 15-5-23(hq) of the McFarland Municipal Code is hereby created to read as follows:
"(hq) Off-Site. Located outside the property boundary described in the permit application for land development activity."
21. Section 15-5-23(hr) of the McFarland Municipal Code is hereby created to read as follows:
"(hr) Other than Residential Development. Development of the following land uses: commercial; industrial; government and institutional; recreation; transportation, communication and utilities."
22. Section 15-5-23(hs) of the McFarland Municipal Code is hereby created to read as follows:
"(hs) On-Site. Located within the property boundary described in the permit application for the land development activity."
23. Section 15-5-23(i) of the McFarland Municipal Code is hereby amended to read as follows:
"(i) Peak Flow Discharge Rate. The maximum rate of flow or surface water at which a unit volume of stormwater is discharged resulting from a storm event."
24. Section 15-5-23(im) of the McFarland Municipal Code is hereby created to read as follows:
"(im) Pervious Surface. A surface that infiltrates rainfall during a large portion of the design rainfall event. Well managed lawns, fields and woodlands are examples of pervious surfaces."
25. Section 15-5-23(in) of the McFarland Municipal Code is hereby created to read as follows:
"(in) Post-Construction Stormwater Discharge. Any stormwater discharged from a site following the completion of land disturbing construction activity and final site stabilization."
26. Section 15-5-23(ip) of the McFarland Municipal Code is hereby created to read as follows:
"(ip) Post-Development Condition. The extent and distribution of land cover types, anticipated to occur under conditions of full development, that will influence stormwater runoff and infiltration."
27. Section 15-5-23(iq) of the McFarland Municipal Code is hereby created to read as follows:
"(iq) Pre-Development Condition. The extent and distribution of land cover types present before the initiation of land development activity, assuming that all land uses prior to development activity are managed in an environmentally sound manner."
28. Section 15-5-23(ir) of the McFarland Municipal Code is hereby created to read as follows:
"(ir) Pre-Treatment. The treatment of stormwater prior to its discharge to the primary stormwater treatment practice in order to reduce pollutant loads to a level compatible with the capability of the primary practice."
29. Section 15-5-230m) of the McFarland Municipal Code is hereby created to read as follows:
"(jm) Site Restriction. Any physical characteristic which limits the use of a stormwater best management practice as prescribed in the Wisconsin Storm Water Manual."
30. Section 15-5-23(m) of the McFarland Municipal Code is hereby created to read as follows:
"(m) Stormwater Management Plan. A document that identifies what actions will be taken to reduce stormwater quantity and pollutant loads from land development activity to levels meeting the purpose and intent of this Ordinance."
31. Section 15-5-23(n) of the McFarland Municipal Code is hereby created to read as follows:
"(n) Stormwater Management System Plan. A comprehensive plan developed to address stormwater drainage and nonpoint source pollution control problems on a watershed or sub-watershed basis, and which meets the purpose and intent of this Ordinance."
32. Section 15-5-23(o) of the McFarland Municipal Code is hereby created to read as follows:
"(o) Stormwater Runoff. That portion of the precipitation falling during a rainfall event, or that portion of snow-melt, that runs off the surface of the land and into the natural or artificial conveyance or drainage network."
33. Section 15-5-23(p) of the McFarland Municipal Code is hereby created to read as follows:
"(p) Structural Measure. Source area practices, conveyance measures, and end-of-pipe treatment that are designed to control stormwater runoff pollutant loads, discharge volumes, and peak flow discharge rates."
34. Section 15-5-23(q) of the McFarland Municipal Code is hereby created to read as follows:
"(q) Wetlands. An area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions. These wetlands include natural, mitigated, and restored wetlands."
35. Section 15-5-23(r) of the McFarland Municipal Code is hereby created to read as follows:
"(r) Wetland Functional Value. The type, quality and significance of the ecological and cultural benefits provided by wetland resources, such as: flood storage, water quality protection, groundwater recharge and discharge, shoreline protection, fish and wildlife habitat, floral diversity, aesthetics, recreation and education."
36. Section 15-5-23(s) of the McFarland Municipal Code is hereby created to read as follows:
"(s) WPDES Stormwater Permit. A permit issued by the Wisconsin Department of Natural Resources under Wis. Stats. Sec 147.021 that authorizes the point source discharge of stormwater to waters of the State."
3. Section 15-5-24 of the McFarland Municipal Code is hereby repealed and recreated to read as follows:
"Sec. 15-5-24 APPLICABILITY AND JURISDICTION
(a) Applicability. This Ordinance applies to land development activities which meet the applicability criteria specified in this section. The Ordinance also applies to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development or sale that meets any of the following applicability criteria, even through multiple, separate and distinct land development activities may take place at different times on different schedules:
(1) Residential land development with a gross aggregate area of five acres or more;
(2) Residential land development with a gross aggregate area of at least three acres, but less than five acres, if there are at least 1.5 acres of impervious surfaces;
(3) Land development, other than a residential land devilment, with a gross aggregate area of 1.5 acres, if there are at least 1.5 acres or more;
(4) Land development activity of any size that, in the opinion of the Village Engineer, is likely to result in stormwater runoff which exceeds the safe capacity of the existing drainage facilities or receiving body of water, which causes undue channel erosion, which endangers property or public safety.
(5) Land development activity with a gross aggregate area of .5 acres or more, but less than the area of (1), (2) or (3) above is subject to payment of fees in lieu of on-site stormwater management practice pursuant to Sec. 15-5-26(d).
(b) Jurisdiction. This Ordinance applies to land development activities within the boundaries of the Village. This Ordinance also applies to all lands located within the extraterritorial plat approval jurisdiction of the Village, even if plat approval or land division is not involved."
38. Section 15-5-25 of the McFarland Municipal Code is hereby repealed and created to read as follows:
"SEC. 15-5-25 DESIGN CRITERIA, STANDARDS AND SPECIFICATIONS.
Unless prior authorization is given by the Director of Public Works, the following methods shall be used in meeting the requirements of this Ordinance;
(a) Water Quality Components. The following methods shall be used in designing components of stormwater structures needed to meet the water quality standards of this Ordinance:
(1) Practices shall be designed in accordance with the methods set forth in the latest edition of the Wisconsin Storm Water Manual, Part 2: Technical Design Guidelines for Storm Water BMP's as published and amended by the State of Wisconsin Department of Natural Resources.
(2) Runoff volumes and peak flow rates used in designing the water quality components of stormwater structures shall be calculated using the "Small Storm Hydrology" method set forth in the latest edition of the Wisconsin Storm Water Manual, Part 2: Technical Design Guidelines for Storm Water BMP's as published and amended by the State of Wisconsin Department of Natural Resources.
(b) Water Quantity Components. The following methods shall be used in designing components of stormwater structures needed to meet the water quantity standards of this Ordinance:
(1) Peak flow reducing components and all other stormwater management structures shall be designed in accordance with standard engineering practice.
(2) Runoff volumes and peak flow rates used in designing the water quantity components of storm water structures shall be based on the principles of the document entitled "Urban Hydrology for Small Watersheds" (Technical Release 55: Engineering Division, Soil Conservation Service, United States Department of Agriculture, June 1992)."
39. Section 15-5-26 of the McFarland Municipal Code is hereby repealed and recreated to read as follows:
"SEC. 15-5-26 STORMWATER MANAGEMENT STANDARDS.
(a) Stormwater Discharge Quantity. Unless otherwise provided for in this Ordinance, all land development activities subject to this Ordinance shall establish on-site management practices to control the peak flow rates of stormwater discharged from the site. Infiltration of stormwater runoff from driveways, sidewalks, rooftops, and landscaped areas shall be incorporated to the maximum extent practical to provide volume control in addition to control of peak flows. On-site management practices shall be used to meet the following minimum performance standards:
(1) The peak flow discharge rates of stormwater runoff from the development shall not exceed those calculated for the series of design storms specified in Section 15-5-26(a)(2) and pre-development conditions specified in Section 15-5-26(a)(3). Discharge velocities must be non-erosive to discharge locations, outfall channels, and receiving streams.
(2) At a minimum, the 2-year/24 hour, the 10-year/24 hour and 25-year/24 hour design storms shall be used in comparing peak flow discharge rates for pre development and post-development conditions.
(3) Pre-development conditions for land developing activities shall assume a it good" level of land management. The Natural Resource Conservation Service TR-55 Method shall be used to calculate peak flow discharge rates and runoff volumes for the pre-development condition, for the McFarland area. NRCS curve numbers shall not exceed the following:
NRCS Curve Number for Meadow - 58
NRCS Curve Number for Woodland - 55
NRCS Curve Number for Pasture/Grain - 61
NRCS Curve Number for Paved Roadways with Open Ditches* - 89
NRCS Curve Number for Commercial/Business Districts* - 92
NRCS Curve Number for Industrial Districts* - 88
NRCS Curve Number for Residential Districts -75
*For use with re-development projects only.
(4) Increases or decreases in the hydrology of wetlands shall be minimized to the extent practical. Where such changes are proposed, the impact of the proposal on wetland functional values shall be assessed using a methodology acceptable to the Village Engineer and in conformity with Wis. Admin. Code Chap. NR 103. Significant degradation of wetland functional values shall be avoided.
(b) Stormwater Discharge Quality. Unless otherwise provided for in this Ordinance, all land development activities subject to this Ordinance shall establish on-site management practices to control the quality of stormwater discharged from the site. On-site management practices shall be used to meet the following minimum standard:
(1) Stormwater discharges shall be treated to remove, on an average annual basis, a minimum of 80% of the total suspended solids load. To achieve this level of control, stormwater practices shall be designed to accommodate, at a minimum, the runoff volume resulting from 1.5 inches of rainfall.
(2) Discharge of urban stormwater pollutants to wetlands shall be minimized. Where such discharges are proposed, the impact of the proposed discharge on wetland functional values shall be assessed using a method acceptable to the Village Engineer and in conformity with Wis. Admin. Code Chap. NR 103.
At a minimum, stormwater discharges shall be pre-treated prior to discharge to wetlands. Significant degradation of wetland functional values due to stormwater pollutant loads shall be avoided.
(3) Stormwater discharges shall be pre-treated prior to infiltration where necessary to prolong maintenance of the infiltration practice and to prevent discharge of stormwater pollutants at concentrations that will result in exceedances of groundwater preventive action limits or enforcement standards established by the Department of Natural Resources in Wis. Admin. Code Chap. NR 140. Stormwater shall not be injected underground through excavations or openings that would violate Wis. Admin. Code § NR 812.05.
(4) Stormwater ponds and infiltration devices shall not be located closer to water supply wells than indicated below without first notifying the Department of Public Works.
(A) 100 feet from a well serving a private water system or a transient, non community public water system;
(B) 1,200 feet from a well serving a municipal public water system, an other than municipal water system, or a non-transient non-community public water system;
(C) The boundary of a recharge area to a wellhead identified in a wellhead area protection plan.
(c) Exceptions. The Director of Public Works may establish stormwater management requirements either more stringent or less stringent than those set forth in Sections 15-5-26(a) and (b), provided that at least one of the following conditions applies.
(1) The Village Engineer determines that an added level of protection is needed to protect sensitive resources.
(2) The Village Engineer determines that the land development activity is covered by an approved stormwater management system plan that contains management requirements consistent with the purpose and intent of this Ordinance.
(3) Provisions are made to manage stormwater by an off-site facility, provided that all of the following conditions for the off-site facility are met:
(A) The facility is in place,
(B) The facility is designed and adequately sized to provide a level of stormwater control equal to or greater than that which would be afforded by on-site practices meeting the requirements of this Ordinance.
(C) The facility has a legally obligated entity responsible for its long-term operation and maintenance.
(4) The Village Engineer finds that meeting the minimum on-site management requirements of this Ordinance is infeasible due to space or site restrictions.
(d) Fee in Lieu of On-Site Stormwater Management Practice. Where the site meets the size criteria of Section 15-5-24(a)(5), or the Director of Public Works otherwise determines that it would be inappropriate to require a site to meet the minimum stormwater management requirements on site pursuant to Section 15-5-26(c), the applicant shall pay a fee to the Village, to be used by the Village exclusively for the cost of land, engineering design, construction and maintenance of stormwater management practices.
(1) The fee shall be based upon the differing costs and requirements for managing stormwater arising from residential, commercial or industrial development. Based upon a study by the Village Engineer, the following fees in lieu of on site stormwater management practices are hereby established:
Land Use: Residential Construction Cost Per Acre ($) 890; Land Cost Per Acre ($) 400 Total Cost Per Acre ($)1,290.
Land Use: Commercial & Industrial Construction Cost Per Acre ($)1,640; Land Cost Per Acre ($)1,010; Total Cost Per Acre ($)2,650.
(2) The fee shall be adjusted annually as of January 1 of each year by the Director of Public Works, utilizing the Consumer Price Index -- All Urban Consumers for Small Metro Areas prepared by the United States Department of Labor.
(3) All such fees collected shall be placed in a designated fund to be used exclusively for the regional stormwater management practices to be constructed.
(e) General Considerations For On-Site and Off-Site Stormwater Management Measures. The following considerations shall be observed in managing stormwater runoff
(1) Natural topography and land cover features such as natural swales, natural depressions, native soil infiltrating capacity, and natural groundwater recharge areas shall be preserved and used, to the extent possible, to meet the requirements of this section.
(2) Emergency overland flow for all stormwater facilities shall be provided to prevent exceeding the safe capacity of downstream drainage facilities and prevent endangerment of downstream property or public safety."
40. Sect n 15-5-27 of the McFarland Municipal Code is hereby created to read as
follows:
"SEC. 15-5-27 PERMITTING REQUIREMENTS. PROCEDURES AND FEES.
(a) Permit Required. No landowner or operator may undertake a land development activity subject to this Ordinance without receiving a permit from the Director of Public Works prior to commencing the proposed activity.
(b) Permit Application and Fee. Unless specifically excluded by this Ordinance, any land owner or operator desiring a permit shall submit to the Director of Public Works a permit application made on a form provided by the Director of Public Works for that purpose.
(1) Unless otherwise excepted by this Ordinance, a permit application must be accompanied by the following in order that the permit application be considered by the Director of Public Works: a stormwater management plan, a maintenance agreement, and a non-refundable permit administration fee.
(2) The stormwater management plan shall be prepared to meet the requirements of Section 15-5-28, the maintenance agreement shall be prepared to meet the requirements of Section 15-5-29, and the financial guarantee shall meet the intent of Section 15-5-30.
(c) Review and Approval of Permit Application. The Director of Public Works 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 five business days, the Director of Public Works shall determine whether the applicant has submitted a complete permit application, including all items required by Section 15-5-27(b)(1). If the materials are incomplete, the Director of Public Works shall inform the applicant regarding what additional materials are required.
(2) Within 20 business days of the receipt of a complete permit application, including all items as required by Section 15-5-27(b)(1), the Director of Public Works shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved. The Director of Public Works shall base the decision on requirements set forth in Sections 15-5-26, 15-5-28 and 15-5-29 of the McFarland Municipal Code.
(3) If the stormwater permit application, plan and maintenance agreement are approved, or if payment of fees in lieu of stormwater management practices is made when allowed, the Director of Public Works shall issue the permit.
(4) If the stormwater permit application, plan or maintenance agreement are disapproved, the Director of Public Works shall detail in writing the reasons for disapproval.
(d) Permit Conditions. All permits issued under this Ordinance shall be subject to the following conditions, and holders of permits issued under this Ordinance shall be deemed to have accepted these conditions. The Director of Public Works may suspend or revoke a permit for violation of a permit condition, following written notification of the permittee. An action by the Director of Public Works to suspend or revoke this permit may be appealed in accordance with Section 15-5-33 of this Ordinance.
(1) Compliance with this permit does not relieve the permit holder of the responsibility to comply with other applicable federal, State and local laws and regulations.
(2) The permit holder shall design and install all structural and non-structural stormwater management measures in accordance with the approved stormwater management plan and this permit.
(3) The permit holder shall notify the Director of Public Works at least two business days before commencing any work in conjunction with the stormwater management plan, and within ten days upon completion of the stormwater management practices. If required as a special condition, the permit holder shall make additional notification according to a schedule set forth by the Director of Public Works so that practice installations can be inspected during construction.
(4) Stormwater management practice installations required as part of this Ordinance shall be certified "as built" by a licensed professional engineer. Completed stormwater management practices must pass a final inspection to determine if they are in accordance with the approved stormwater management plan and Ordinance. The administering authority shall notify the permit holder in writing of any changes required in such practices to bring them into compliance with the conditions of this permit.
(5) The permit holder shall notify the Director of Public Works of any significant modifications it intends to make to an approved stormwater management plan. The Director of Public Works may require that the proposed modifications be submitted for approval prior to incorporation into the stormwater management plan and execution.
(6) The permit holder shall maintain all stormwater management practices in accordance with the stormwater management plan until the practices either become the responsibility of the Village, or are transferred to subsequent private owners as specified in the approved maintenance agreement.
(7) The permit holder authorizes the Village to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan, and consents to a special charge against the property as authorized under Wis. Stats. § 66.60(16), or to charging such costs against the financial guarantee posted under Section 15-5-30.
(8) If so directed by the Director of Public Works, the permit holder shall repair at the permit holder's own expense all damage to adjoining municipal facilities and drainage ways caused by stormwater runoff, where such damage is caused by activities that are not in compliance with the approved stormwater management plan.
(9) The permit holder shall permit property access to the Director of Public Works or designee for the purpose of inspecting the property for compliance or for performing work to bring the property into compliance with the approved stormwater management plan and this permit.
(10) Where a stormwater management plan involves changes in direction, increases in peak rate and/or total volume of runoff from a site, the Director of Public Works may require the permittee to make appropriate legal arrangements with adjacent property owners concerning the prevention of endangerment to property or public safety.
(11) The permit holder is subject to the enforcement actions detailed in Section 15-5-31 if the permit holder fails to comply with the terms of this permit.
(e) Permit Duration. Permits issued under this section shall be valid from the date if issuance through the date the Director of Public Works notifies the permit holder that all stormwater management practices have passed the required final inspection. If work is not commenced within 180 days, the permit shall expire. The Director of Public Works may attach additional conditions before reissuing a permit."
41. Section 15-5-28 of the McFarland Municipal Code is hereby created to read as follows:
"SEC. 15-5-28 STORMWATER MANAGEMENT PLANS.
(a) Plan Requirements. The stormwater management plan required under Section 15-5-27(b) shall contain any information the Village may need to evaluate the environmental characteristics of the area affected by land development activity, the potential impacts of the proposed development upon the quality and quantity of stormwater discharges, the potential impacts upon water resources and drainage utilities, and the effectiveness and acceptability of proposed stormwater management measures in meeting the performance standards set forth in this Ordinance. Unless specified otherwise by this Ordinance, stormwater management plans 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; 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. Include a USGS 7.5 minute topographical map showing the property boundaries of the proposed development.
(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 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, including time of travel and time of concentration applicable to each; watershed boundaries used in determinations of peak flow discharge rates and discharge volumes from the site; lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site; limits of the 100 year floodplain; location of wells located within 1,200 feet of stormwater detention ponds, infiltration basins, or infiltration trenches; delineation of wellhead protection areas delineated pursuant to Wis. Admin. Code sec. NR 811-16.
(B) Computations of peak flow discharge rates and discharge volumes for the 2-year/24 hour, 10-year/24 hour, and 25-year/24 hour design storm events. All major assumptions used in developing input parameters shall be clearly stated. 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).
(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 Ordinances.
(C) One or more site maps at a scale of not less than one inch equals 100 feet showing: revised pervious land use including vegetative cover type and condition; impervious land use including all buildings, structures, and pavement; revised topographic contours of the site at a scale not to exceed two feet; revised 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, including time of travel and time of concentration applicable to each; 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 determinations of peak flow discharge rates and discharge volumes; any changes to lakes, streams, wetlands, channels, ditches. and other watercourses on and immediately adjacent to the site.
(D) Computation of the runoff volume resulting from the 1.5 inch rainfall, and computations of peak flow discharge rates and discharge volumes for the 2-year/24 hours, 10-year/24 hours and 25-year/24 hours storm events. All major assumptions used in developing input parameters shall be clearly stated. 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.
(F) Results of impact assessments on wetland functional values.
(G) Design computations and all applicable assumptions for the stormwater conveyance (open channel, closed pipe) system.
(H) Design computations and all applicable assumptions for stormwater quality practices (sedimentation type, filtration-type, infiltration-type) as needed to show that practices are appropriately sized to accommodate runoff from the 1.5 inch rainfall. For practice designs that depart from those specified in the "Wisconsin Storm Water Manual, Part 2," the results of continuous simulation modeling, conducted according to the guidelines established in this manual, shall be presented in such a way as to show the reduction in average annual total suspended solids loading from the developed site.
(I) Detailed drawings including cross-sections and profiles of all permanent stormwater conveyance and treatment practices.
(5) A stormwater practice installation schedule.
(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) Other information as needed by the Director of Public Works to determine compliance of the proposed stormwater management measures with the provisions of this Ordinance.
(9) All site investigations, plans, designs, computations, and drawings shall be certified by a competent engineer, to be prepared in accordance with accepted engineering practice and in accordance with The Wisconsin Storm Water Manual, Part Two: Technical Design Guidelines for Storm Water BMP's (latest edition).
(b) Exceptions. The Director of Public Works may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under Section 15-5-26(c) of this Ordinance."
42. Section 15-5-29 of the McFarland Municipal Code is hereby created to read as follows:
"SEC. 15-5-29 MAINTENANCE AGREEMENT.
(a) Maintenance Agreement Required. The maintenance agreement required for stormwater management practices under Section 15-5-27(b) shall be an agreement between the Village and the permittee to provide for maintenance of stormwater practices beyond the duration period of this permit. The agreement shall be recorded with the County Register of Deeds so that it is binding upon all subsequent owners of land served by the stormwater management practices.
(b) Agreement Provisions. The maintenance agreement shall contain the following information and provisions:
(1) Identification of the stormwater facilities and designation of the drainage area served by the facilities.
(2) A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan.
(3) Identification of the landowner(s), organization or municipality responsible for long-term maintenance of the stormwater management practices.
(4) The landowner(s), organization, or municipality shall maintain stormwater management practices in accordance with the schedule included in the agreement.
(5) The Village is authorized to access the property to conduct inspections of stormwater practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement.
(6) The Village shall maintain public records of the results of the site inspections, shall inform the party responsible for maintenance of the inspection results, and shall specifically indicate any corrective actions required to bring the stormwater management practice into proper working condition.
(7) That if the Village notifies the party responsible for maintenance of the stormwater management system of maintenance problems which require correction, the specified corrective actions shall be taken within a reasonable time frame as set by the Director of Public Works.
(8) The Village is authorized to perform the corrected actions identified in the inspection report if the party responsible for maintenance does not make the required corrections in the specified time period. The Village Treasurer shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Wis. Stats. § 66.60(16)."
43. Section 15-5-30 of the McFarland Municipal Code is hereby created to read as follows:
"SEC. 15-5-30 FINANCIAL GUARANTEE.
(a) Establishment of the Guarantee. The Village may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the Village Attorney. The financial guarantee shall be in an amount determined by the Director of Public Works, to be the estimated cost of construction and the estimated cost of maintenance during the period which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the Village the authorization to use the funds to complete the project if the landowner defaults or. does not properly implement the approved stormwater management plan.
(b) Conditions for Release. Conditions for the release of the financial guarantee are as follows:
(1) The Director of Public Works shall release the portion of the financial guarantee established to assure installation of stormwater practices, minus any costs incurred by the Village to complete installation of practices, upon submission of "as built plans" by a licensed professional engineer. The Director of Public Works may make provisions for a partial pro-rata release of the financial guarantee based on the completion of various development stages.
(2) The Director of Public Works shall release the portion of the financial security established to assure maintenance of stormwater practices, minus any costs incurred by the Village, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement."
44. Section 15-5-31 of the McFarland Municipal Code is hereby created to read as follows:
"SEC. 15-5-31 ENFORCEMENT AND PENALTIES.
(a) Any land development activity initiated after the effective date of this Ordinance by any person, firm, association, or corporation subject to the Ordinance provisions shall be deemed a violation unless conducted in accordance with said provisions.
(b) The Director of Public Works shall notify the responsible owner or operator by certified or registered mail of any non-complying land development activity. The notice shall describe the nature of the violation, remedial actions needed. a schedule for remedial action. and additional enforcement action which may be taken.
(c) Upon receipt of written notification from the Director of Public Works, the permit holder shall correct work which does not comply with the stormwater management plan or other provisions of this permit. The permit holder shall make corrections as necessary to meet the specifications and schedule set forth by the Director of Public Works in the notice. The permit holder shall initiate such corrective action within 24 hours of notification by the Village.
(d) If the violations to this Ordinance are likely to result in damage to properties, public facilities or waters of the State, the Director of Public Works or designee may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the Village, plus interest and legal costs, shall be billed to the owner of title of the property, and if not paid, shall be entered on the tax rolls and collected as a special charge pursuant to Wis. Stats. § 66.60(16).
(e) The Director of Public Works is authorized to post a stop work order on all land development activity in violation of this Ordinance, or to request the Village Attorney to obtain a cease and desist order.
(f) The Director of Public Works may revoke a permit issued under this Ordinance for non-compliance with Ordinance provisions.
(g) Any permit revocation, stop work order, or cease and desist order shall remain in effect unless retracted by the Director of Public Works or by a Court of competent jurisdiction.
(h) The Director of Public Works is authorized to refer any violation of this Ordinance, or of a stop work order or cease and desist order issued pursuant to this Ordinance, to the Village Attorney for the commencement of further legal proceedings.
(i) Any person, firm, association, or corporation who does not comply with the provisions of this Ordinance shall be subject to a forfeiture as specified in Section 1-1-6 of this Code. Every violation of this Ordinance is a public nuisance. Compliance with this Ordinance may be enforced by injunctional order at the suit of the Village pursuant to Wis. Stats. § 62.23(8). It shall not be necessary to prosecute for forfeiture before resorting to injunctional proceedings.
(k) When the Director of Public Works determines that the holder of a permit issued pursuant to this Ordinance 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 Director of Public Works or a party designated by the Director Public Works 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 Director of Public Works shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial guarantee posted pursuant to Section 15-5-30. Where Such a guarantee has not been established, or where such a guarantee is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property pursuant to Wis. Stats. § 66.60(16) and collected with any other taxes levied thereon for the year in which the work is completed."
45. Section 15-5-32 of the McFarland Municipal Code is hereby created to read as follows:
"SEC. 15-5-32 APPEALS.
(a) Board of Appeals. The Board of Appeals, created under Section 13-1-260 of the McFarland Municipal Code pursuant to Wis. Stats. § 62.23(7)(e), shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Village Engineer in administering this Ordinance. The Board of Appeals shaft also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals.
(b) Variances. The Board of Appeals may authorize variances from the provisions of this Ordinance which are not contrary to the public interest, and where owing to special conditions a literal enforcement of the Ordinance will result in unnecessary hardship."
46. Section 15-5-33 of the McFarland Municipal Code is hereby created to read as follows:
"SEC. 15-5-33 SEVERABILITY.
If any section, clause, provision or portion of this Ordinance is judged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Ordinance shall remain in force and not be affected by such judgment."
47. Section 15-5-40(b) of the McFarland Municipal Code is hereby repealed and recreated to read as follows:
"(b) Fees for Stormwater Management Plans. Each applicant desiring an activity regulated by Title 15, Chapter 5, Article B, shall submit to the Director of Public Works a fee required by the following schedule:
(1) Stormwater Management Plan without detention plan $25.00
(2) Stormwater Management Plan with detention plan $50.00.
Stormwater
Stormwater Management - McFarland
AN ORDINANCE TO REVISE THE STORMWATER MANAGEMENT REGULATIONS OF THE VILLAGE OF MCFARLAND
Purpose: The Village of McFarland has regulated stormwater for a number of years, with the most recent revisions taking place at the time of codification of the Village Ordinances. This revision takes as its starting point the Stormwater Run-Off Model Ordinance promulgated by the Wisconsin Department of Natural Resources.
Sponsor: Director of Public Works Dancker.
Recommended Referral: Public Works Committee; Plan Commission
Public Hearing: Recommended; Class 2 Notice.
The Village Board of the Village of McFarland do hereby ordain as follows:
1. Title 15, Chapter 5, Article B (Title), of the McFarland Municipal Code is hereby amended to read as follows:
"Stormwater Management:"
2. Section 15-5-20 of the McFarland Municipal Code is hereby repealed and recreated to read as follows:
"SEC. 15-5-20 AUTHORITY.
(a) This Ordinance is adopted by the Village Board under the authority granted by Wis. Stats. Sec. 61.354. This Ordinance supersedes all conflicting and contradictory stormwater management regulations previously enacted under Wis. Stats. Sec. 61.35. Except as specifically provided for in Wis. Stats. Sec. 61.354, Wis. Stats. Sec. 61.35 applies to this Ordinance and to any amendments to this Ordinance.
(b) The provisions of this Ordinance shall not limit any other lawful regulatory powers of the Village Board.
(c) The Village Board hereby designates the Director of Public Works to administer and enforce the provisions of this Ordinance.
(d) The requirements of this Ordinance do not limit any additional stormwater management requirements that may be imposed by WPDES Storm Water Permits issued by the Department of Natural Resources under Wis. Stats. Sec. 147.021."
3. Section 15-5-21 of the McFarland Village Code is hereby repealed and recreated to read as follows:
"SEC. 15-5-21 FINDINGS AND PURPOSE.
(a) Findings of Fact. The Village Board finds that uncontrolled stormwater runoff from land development activity has a significant impact upon water resources and the health, safety, general welfare of the community and diminishes the public enjoyment and use of natural resources. Specifically, uncontrolled stormwater runoff can:
(1) degrade physical stream habitat by increasing bank erosion, increasing stream bed scour, diminishing groundwater recharge, and diminishing stream base flows;
(2) diminish the capacity of lakes and streams to support fish, aquatic life, recreational, and water supply uses by increasing loadings of nutrients and other urban pollutants;
(3) alter wetland communities by changing wetland hydrology and by increasing pollutant loads;
(4) reduce the quality of groundwater by increasing pollutant loading;
(5) threaten public health, safety, property, and general welfare by overtaxing storm sewers, drainage ways, and other minor drainage facilities;
(6) threaten public health, safety, property, and general welfare by increasing major flood peaks and volumes;
(7) undermine floodplain management efforts by increasing the incidence and levels of flooding.
(b) Purpose. The general purpose of this Ordinance is to set forth stormwater requirements and criteria which will diminish the threats to public health, safety, welfare, and the aquatic environment due to runoff of stormwater from land development activity. Specific purposes are to:
(1) further the maintenance of safe and healthful conditions;
(2) prevent and control the adverse effects of stormwater, prevent and control soil erosion, prevent and control water pollution, protect spawning grounds, fish and aquatic life;
(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; prevent conditions that endanger downstream property;
(4) control building sites, placement of structures, and land uses, and promote sound economic growth.
(c) Intent. It is the intent of the Village Board that this Ordinance manage the long-term post-construction stormwater discharges from land development activities. The Village Board recognizes that the preferred method of addressing stormwater management problems is through the preparation of comprehensive stormwater management system plans for subwatershed areas which are designed to meet the purpose and intent of this Ordinance. Where such system plans have been developed and approved by the Village Board, it is the intent that all land development activities, as defined in Section 15-5-23(e) of this Ordinance, will include stormwater management measures that meet performance standards set forth in those approved plans. Where such stormwater management system plans have not been developed or approved by the Village Board, it is the intent of the Village Board that the generic stormwater management standards set forth in Sections 15-5-26(a) and 15-5-26(b) of this Ordinance be applied unless otherwise excepted by the Village Board. This Ordinance shall not apply to lands on which the only structures are buildings existing on the effective date of this Ordinance which are not redeveloped in a manner that increases discharge volume after the effective date of this Ordinance."
4. Section 15-5-23(a) of the McFarland Municipal Code is hereby amended to read as follows:
"(a) Agricultural Activity. Use of land for planting, growing, cultivating and harvesting of crops for human or livestock consumption;-pasturing or yarding of livestock, growing and tending of gardens and trees: harvesting of trees."
5. Section 15-5-23(am) of the McFarland Municipal Code is hereby created to read as follows:
"(am) Business Day. A day on which the Village Public Works office is routinely and customarily open for business."
6. Section 15-5-23(an) of the McFarland Municipal Code is hereby created to read as follows:
"(an) Cease and Desist Order. An order issued by the Director of Public Works or by a Court to halt land developing activity that is being conducted without the required permit."
7. Section 15-5-23(bm) of the McFarland Municipal Code is hereby created to read as follows:
"(bm) Common Plan of Development on Sale. All lands within the boundary of a certified survey or plat created for the purpose of development or sale of property where multiple, separate and distinct land developing activity may take place at different times and on different schedules."
8. Section 15-5-23(cm) of the McFarland Municipal Code is hereby created to read as follows:
"(cm) Design Storm. A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total rainfall depth."
9. Section 15-5-23(cn) of the McFarland Municipal Code is hereby created to read as follows:
"(cn) Discharge Volume. The quantity of runoff discharged from the land surface as the result of a rainfall event."
10. Section 15-5-23(dm) of the McFarland Municipal Code is hereby created to read as follows:
"(dm) Financial Guarantee. A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantee submitted to the Village by the permit holder to assure that requirements of the Ordinance are carried out in compliance with the stormwater management plan."
11. Section 15-5-23(dn) of the McFarland Municipal Code is hereby created to read as follows:
"(dn) Gross Aggregate Area. The total area, in acres, of all land located within the property boundary containing the land development activity."
12. Section 15-5-23(dp) of the McFarland Municipal Code is hereby created to read as follows:
"(dp) Groundwater Enforcement Standard. A numerical value expressing the concentration of a substance in groundwater which is adopted under Wis. Stats. Sec. 160.07 and Wis. Admin. Code § NR 140.10 or Wis. Stats. § 160.09 and Wis. Admin. Code § NR 140.12."
13. Section 15-5-23(dq) of the McFarland Municipal Code is hereby created to read as follows:
"(dq) Groundwater Preventive Action Limit. A numerical value expressing the concentration of a substance in groundwater which is adopted under Wis. Stats. § 160.15 and Wis. Admin. Code Secs. NR 140.10, 140.12 or 140.20."
14. Section 15-5-23(dr) of the McFarland Municipal Code is hereby created to read as follows:
"(dr) Impervious Surface. A surface that releases the rainfall as Surface runoff during a large portion of the design rainfall event. Rooftops, sidewalks, parking lots, and street surfaces are examples of impervious surfaces."
15. Section 15-5-23(ds) of the McFarland Municipal Code is hereby created to read as follows:
"(ds) Infiltration. The process by which rainfall or surface runoff percolates or penetrates into the underlying soil."
16. Section 15-5-23(e) of the McFarland Municipal Code is hereby amended to read as follows:
"(e) Land Development Activity. The construction or re-development of buildings, roads, parking lots, paved and unpaved areas and similar facilities not including agricultural activity."
17. Section 15-5-23(hm) of the McFarland Municipal Code is hereby created to read as follows:
"(hm) Maintenance Agreement. A legal document that is filed with the County Register of Deeds as a property deed restriction, and which provides for long-term maintenance of stormwater management practices."
18. Section 15-5-23(hn) of the McFarland Municipal Code is hereby created to read as follows:
"(hn) Non-Storm Discharge. A discharge to the storm sewer system created by some process other than stormwater runoff."
19. Section 15-5-23(hp) of the McFarland Municipal Code is hereby created to read as follows:
"(hp) Non-Structural Measure. A practice, technique, or measure to reduce the volume, peak flow rate, or pollutants in stormwater that does not require the design or installation of fixed stormwater management facilities."
20. Section 15-5-23(hq) of the McFarland Municipal Code is hereby created to read as follows:
"(hq) Off-Site. Located outside the property boundary described in the permit application for land development activity."
21. Section 15-5-23(hr) of the McFarland Municipal Code is hereby created to read as follows:
"(hr) Other than Residential Development. Development of the following land uses: commercial; industrial; government and institutional; recreation; transportation, communication and utilities."
22. Section 15-5-23(hs) of the McFarland Municipal Code is hereby created to read as follows:
"(hs) On-Site. Located within the property boundary described in the permit application for the land development activity."
23. Section 15-5-23(i) of the McFarland Municipal Code is hereby amended to read as follows:
"(i) Peak Flow Discharge Rate. The maximum rate of flow or surface water at which a unit volume of stormwater is discharged resulting from a storm event."
24. Section 15-5-23(im) of the McFarland Municipal Code is hereby created to read as follows:
"(im) Pervious Surface. A surface that infiltrates rainfall during a large portion of the design rainfall event. Well managed lawns, fields and woodlands are examples of pervious surfaces."
25. Section 15-5-23(in) of the McFarland Municipal Code is hereby created to read as follows:
"(in) Post-Construction Stormwater Discharge. Any stormwater discharged from a site following the completion of land disturbing construction activity and final site stabilization."
26. Section 15-5-23(ip) of the McFarland Municipal Code is hereby created to read as follows:
"(ip) Post-Development Condition. The extent and distribution of land cover types, anticipated to occur under conditions of full development, that will influence stormwater runoff and infiltration."
27. Section 15-5-23(iq) of the McFarland Municipal Code is hereby created to read as follows:
"(iq) Pre-Development Condition. The extent and distribution of land cover types present before the initiation of land development activity, assuming that all land uses prior to development activity are managed in an environmentally sound manner."
28. Section 15-5-23(ir) of the McFarland Municipal Code is hereby created to read as follows:
"(ir) Pre-Treatment. The treatment of stormwater prior to its discharge to the primary stormwater treatment practice in order to reduce pollutant loads to a level compatible with the capability of the primary practice."
29. Section 15-5-230m) of the McFarland Municipal Code is hereby created to read as follows:
"(jm) Site Restriction. Any physical characteristic which limits the use of a stormwater best management practice as prescribed in the Wisconsin Storm Water Manual."
30. Section 15-5-23(m) of the McFarland Municipal Code is hereby created to read as follows:
"(m) Stormwater Management Plan. A document that identifies what actions will be taken to reduce stormwater quantity and pollutant loads from land development activity to levels meeting the purpose and intent of this Ordinance."
31. Section 15-5-23(n) of the McFarland Municipal Code is hereby created to read as follows:
"(n) Stormwater Management System Plan. A comprehensive plan developed to address stormwater drainage and nonpoint source pollution control problems on a watershed or sub-watershed basis, and which meets the purpose and intent of this Ordinance."
32. Section 15-5-23(o) of the McFarland Municipal Code is hereby created to read as follows:
"(o) Stormwater Runoff. That portion of the precipitation falling during a rainfall event, or that portion of snow-melt, that runs off the surface of the land and into the natural or artificial conveyance or drainage network."
33. Section 15-5-23(p) of the McFarland Municipal Code is hereby created to read as follows:
"(p) Structural Measure. Source area practices, conveyance measures, and end-of-pipe treatment that are designed to control stormwater runoff pollutant loads, discharge volumes, and peak flow discharge rates."
34. Section 15-5-23(q) of the McFarland Municipal Code is hereby created to read as follows:
"(q) Wetlands. An area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions. These wetlands include natural, mitigated, and restored wetlands."
35. Section 15-5-23(r) of the McFarland Municipal Code is hereby created to read as follows:
"(r) Wetland Functional Value. The type, quality and significance of the ecological and cultural benefits provided by wetland resources, such as: flood storage, water quality protection, groundwater recharge and discharge, shoreline protection, fish and wildlife habitat, floral diversity, aesthetics, recreation and education."
36. Section 15-5-23(s) of the McFarland Municipal Code is hereby created to read as follows:
"(s) WPDES Stormwater Permit. A permit issued by the Wisconsin Department of Natural Resources under Wis. Stats. Sec 147.021 that authorizes the point source discharge of stormwater to waters of the State."
3. Section 15-5-24 of the McFarland Municipal Code is hereby repealed and recreated to read as follows:
"Sec. 15-5-24 APPLICABILITY AND JURISDICTION
(a) Applicability. This Ordinance applies to land development activities which meet the applicability criteria specified in this section. The Ordinance also applies to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development or sale that meets any of the following applicability criteria, even through multiple, separate and distinct land development activities may take place at different times on different schedules:
(1) Residential land development with a gross aggregate area of five acres or more;
(2) Residential land development with a gross aggregate area of at least three acres, but less than five acres, if there are at least 1.5 acres of impervious surfaces;
(3) Land development, other than a residential land devilment, with a gross aggregate area of 1.5 acres, if there are at least 1.5 acres or more;
(4) Land development activity of any size that, in the opinion of the Village Engineer, is likely to result in stormwater runoff which exceeds the safe capacity of the existing drainage facilities or receiving body of water, which causes undue channel erosion, which endangers property or public safety.
(5) Land development activity with a gross aggregate area of .5 acres or more, but less than the area of (1), (2) or (3) above is subject to payment of fees in lieu of on-site stormwater management practice pursuant to Sec. 15-5-26(d).
(b) Jurisdiction. This Ordinance applies to land development activities within the boundaries of the Village. This Ordinance also applies to all lands located within the extraterritorial plat approval jurisdiction of the Village, even if plat approval or land division is not involved."
38. Section 15-5-25 of the McFarland Municipal Code is hereby repealed and created to read as follows:
"SEC. 15-5-25 DESIGN CRITERIA, STANDARDS AND SPECIFICATIONS.
Unless prior authorization is given by the Director of Public Works, the following methods shall be used in meeting the requirements of this Ordinance;
(a) Water Quality Components. The following methods shall be used in designing components of stormwater structures needed to meet the water quality standards of this Ordinance:
(1) Practices shall be designed in accordance with the methods set forth in the latest edition of the Wisconsin Storm Water Manual, Part 2: Technical Design Guidelines for Storm Water BMP's as published and amended by the State of Wisconsin Department of Natural Resources.
(2) Runoff volumes and peak flow rates used in designing the water quality components of stormwater structures shall be calculated using the "Small Storm Hydrology" method set forth in the latest edition of the Wisconsin Storm Water Manual, Part 2: Technical Design Guidelines for Storm Water BMP's as published and amended by the State of Wisconsin Department of Natural Resources.
(b) Water Quantity Components. The following methods shall be used in designing components of stormwater structures needed to meet the water quantity standards of this Ordinance:
(1) Peak flow reducing components and all other stormwater management structures shall be designed in accordance with standard engineering practice.
(2) Runoff volumes and peak flow rates used in designing the water quantity components of storm water structures shall be based on the principles of the document entitled "Urban Hydrology for Small Watersheds" (Technical Release 55: Engineering Division, Soil Conservation Service, United States Department of Agriculture, June 1992)."
39. Section 15-5-26 of the McFarland Municipal Code is hereby repealed and recreated to read as follows:
"SEC. 15-5-26 STORMWATER MANAGEMENT STANDARDS.
(a) Stormwater Discharge Quantity. Unless otherwise provided for in this Ordinance, all land development activities subject to this Ordinance shall establish on-site management practices to control the peak flow rates of stormwater discharged from the site. Infiltration of stormwater runoff from driveways, sidewalks, rooftops, and landscaped areas shall be incorporated to the maximum extent practical to provide volume control in addition to control of peak flows. On-site management practices shall be used to meet the following minimum performance standards:
(1) The peak flow discharge rates of stormwater runoff from the development shall not exceed those calculated for the series of design storms specified in Section 15-5-26(a)(2) and pre-development conditions specified in Section 15-5-26(a)(3). Discharge velocities must be non-erosive to discharge locations, outfall channels, and receiving streams.
(2) At a minimum, the 2-year/24 hour, the 10-year/24 hour and 25-year/24 hour design storms shall be used in comparing peak flow discharge rates for pre development and post-development conditions.
(3) Pre-development conditions for land developing activities shall assume a it good" level of land management. The Natural Resource Conservation Service TR-55 Method shall be used to calculate peak flow discharge rates and runoff volumes for the pre-development condition, for the McFarland area. NRCS curve numbers shall not exceed the following:
NRCS Curve Number for Meadow - 58
NRCS Curve Number for Woodland - 55
NRCS Curve Number for Pasture/Grain - 61
NRCS Curve Number for Paved Roadways with Open Ditches* - 89
NRCS Curve Number for Commercial/Business Districts* - 92
NRCS Curve Number for Industrial Districts* - 88
NRCS Curve Number for Residential Districts -75
*For use with re-development projects only.
(4) Increases or decreases in the hydrology of wetlands shall be minimized to the extent practical. Where such changes are proposed, the impact of the proposal on wetland functional values shall be assessed using a methodology acceptable to the Village Engineer and in conformity with Wis. Admin. Code Chap. NR 103. Significant degradation of wetland functional values shall be avoided.
(b) Stormwater Discharge Quality. Unless otherwise provided for in this Ordinance, all land development activities subject to this Ordinance shall establish on-site management practices to control the quality of stormwater discharged from the site. On-site management practices shall be used to meet the following minimum standard:
(1) Stormwater discharges shall be treated to remove, on an average annual basis, a minimum of 80% of the total suspended solids load. To achieve this level of control, stormwater practices shall be designed to accommodate, at a minimum, the runoff volume resulting from 1.5 inches of rainfall.
(2) Discharge of urban stormwater pollutants to wetlands shall be minimized. Where such discharges are proposed, the impact of the proposed discharge on wetland functional values shall be assessed using a method acceptable to the Village Engineer and in conformity with Wis. Admin. Code Chap. NR 103.
At a minimum, stormwater discharges shall be pre-treated prior to discharge to wetlands. Significant degradation of wetland functional values due to stormwater pollutant loads shall be avoided.
(3) Stormwater discharges shall be pre-treated prior to infiltration where necessary to prolong maintenance of the infiltration practice and to prevent discharge of stormwater pollutants at concentrations that will result in exceedances of groundwater preventive action limits or enforcement standards established by the Department of Natural Resources in Wis. Admin. Code Chap. NR 140. Stormwater shall not be injected underground through excavations or openings that would violate Wis. Admin. Code § NR 812.05.
(4) Stormwater ponds and infiltration devices shall not be located closer to water supply wells than indicated below without first notifying the Department of Public Works.
(A) 100 feet from a well serving a private water system or a transient, non community public water system;
(B) 1,200 feet from a well serving a municipal public water system, an other than municipal water system, or a non-transient non-community public water system;
(C) The boundary of a recharge area to a wellhead identified in a wellhead area protection plan.
(c) Exceptions. The Director of Public Works may establish stormwater management requirements either more stringent or less stringent than those set forth in Sections 15-5-26(a) and (b), provided that at least one of the following conditions applies.
(1) The Village Engineer determines that an added level of protection is needed to protect sensitive resources.
(2) The Village Engineer determines that the land development activity is covered by an approved stormwater management system plan that contains management requirements consistent with the purpose and intent of this Ordinance.
(3) Provisions are made to manage stormwater by an off-site facility, provided that all of the following conditions for the off-site facility are met:
(A) The facility is in place,
(B) The facility is designed and adequately sized to provide a level of stormwater control equal to or greater than that which would be afforded by on-site practices meeting the requirements of this Ordinance.
(C) The facility has a legally obligated entity responsible for its long-term operation and maintenance.
(4) The Village Engineer finds that meeting the minimum on-site management requirements of this Ordinance is infeasible due to space or site restrictions.
(d) Fee in Lieu of On-Site Stormwater Management Practice. Where the site meets the size criteria of Section 15-5-24(a)(5), or the Director of Public Works otherwise determines that it would be inappropriate to require a site to meet the minimum stormwater management requirements on site pursuant to Section 15-5-26(c), the applicant shall pay a fee to the Village, to be used by the Village exclusively for the cost of land, engineering design, construction and maintenance of stormwater management practices.
(1) The fee shall be based upon the differing costs and requirements for managing stormwater arising from residential, commercial or industrial development. Based upon a study by the Village Engineer, the following fees in lieu of on site stormwater management practices are hereby established:
Land Use: Residential Construction Cost Per Acre ($) 890; Land Cost Per Acre ($) 400 Total Cost Per Acre ($)1,290.
Land Use: Commercial & Industrial Construction Cost Per Acre ($)1,640; Land Cost Per Acre ($)1,010; Total Cost Per Acre ($)2,650.
(2) The fee shall be adjusted annually as of January 1 of each year by the Director of Public Works, utilizing the Consumer Price Index -- All Urban Consumers for Small Metro Areas prepared by the United States Department of Labor.
(3) All such fees collected shall be placed in a designated fund to be used exclusively for the regional stormwater management practices to be constructed.
(e) General Considerations For On-Site and Off-Site Stormwater Management Measures. The following considerations shall be observed in managing stormwater runoff
(1) Natural topography and land cover features such as natural swales, natural depressions, native soil infiltrating capacity, and natural groundwater recharge areas shall be preserved and used, to the extent possible, to meet the requirements of this section.
(2) Emergency overland flow for all stormwater facilities shall be provided to prevent exceeding the safe capacity of downstream drainage facilities and prevent endangerment of downstream property or public safety."
40. Sect n 15-5-27 of the McFarland Municipal Code is hereby created to read as
follows:
"SEC. 15-5-27 PERMITTING REQUIREMENTS. PROCEDURES AND FEES.
(a) Permit Required. No landowner or operator may undertake a land development activity subject to this Ordinance without receiving a permit from the Director of Public Works prior to commencing the proposed activity.
(b) Permit Application and Fee. Unless specifically excluded by this Ordinance, any land owner or operator desiring a permit shall submit to the Director of Public Works a permit application made on a form provided by the Director of Public Works for that purpose.
(1) Unless otherwise excepted by this Ordinance, a permit application must be accompanied by the following in order that the permit application be considered by the Director of Public Works: a stormwater management plan, a maintenance agreement, and a non-refundable permit administration fee.
(2) The stormwater management plan shall be prepared to meet the requirements of Section 15-5-28, the maintenance agreement shall be prepared to meet the requirements of Section 15-5-29, and the financial guarantee shall meet the intent of Section 15-5-30.
(c) Review and Approval of Permit Application. The Director of Public Works 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 five business days, the Director of Public Works shall determine whether the applicant has submitted a complete permit application, including all items required by Section 15-5-27(b)(1). If the materials are incomplete, the Director of Public Works shall inform the applicant regarding what additional materials are required.
(2) Within 20 business days of the receipt of a complete permit application, including all items as required by Section 15-5-27(b)(1), the Director of Public Works shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved. The Director of Public Works shall base the decision on requirements set forth in Sections 15-5-26, 15-5-28 and 15-5-29 of the McFarland Municipal Code.
(3) If the stormwater permit application, plan and maintenance agreement are approved, or if payment of fees in lieu of stormwater management practices is made when allowed, the Director of Public Works shall issue the permit.
(4) If the stormwater permit application, plan or maintenance agreement are disapproved, the Director of Public Works shall detail in writing the reasons for disapproval.
(d) Permit Conditions. All permits issued under this Ordinance shall be subject to the following conditions, and holders of permits issued under this Ordinance shall be deemed to have accepted these conditions. The Director of Public Works may suspend or revoke a permit for violation of a permit condition, following written notification of the permittee. An action by the Director of Public Works to suspend or revoke this permit may be appealed in accordance with Section 15-5-33 of this Ordinance.
(1) Compliance with this permit does not relieve the permit holder of the responsibility to comply with other applicable federal, State and local laws and regulations.
(2) The permit holder shall design and install all structural and non-structural stormwater management measures in accordance with the approved stormwater management plan and this permit.
(3) The permit holder shall notify the Director of Public Works at least two business days before commencing any work in conjunction with the stormwater management plan, and within ten days upon completion of the stormwater management practices. If required as a special condition, the permit holder shall make additional notification according to a schedule set forth by the Director of Public Works so that practice installations can be inspected during construction.
(4) Stormwater management practice installations required as part of this Ordinance shall be certified "as built" by a licensed professional engineer. Completed stormwater management practices must pass a final inspection to determine if they are in accordance with the approved stormwater management plan and Ordinance. The administering authority shall notify the permit holder in writing of any changes required in such practices to bring them into compliance with the conditions of this permit.
(5) The permit holder shall notify the Director of Public Works of any significant modifications it intends to make to an approved stormwater management plan. The Director of Public Works may require that the proposed modifications be submitted for approval prior to incorporation into the stormwater management plan and execution.
(6) The permit holder shall maintain all stormwater management practices in accordance with the stormwater management plan until the practices either become the responsibility of the Village, or are transferred to subsequent private owners as specified in the approved maintenance agreement.
(7) The permit holder authorizes the Village to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan, and consents to a special charge against the property as authorized under Wis. Stats. § 66.60(16), or to charging such costs against the financial guarantee posted under Section 15-5-30.
(8) If so directed by the Director of Public Works, the permit holder shall repair at the permit holder's own expense all damage to adjoining municipal facilities and drainage ways caused by stormwater runoff, where such damage is caused by activities that are not in compliance with the approved stormwater management plan.
(9) The permit holder shall permit property access to the Director of Public Works or designee for the purpose of inspecting the property for compliance or for performing work to bring the property into compliance with the approved stormwater management plan and this permit.
(10) Where a stormwater management plan involves changes in direction, increases in peak rate and/or total volume of runoff from a site, the Director of Public Works may require the permittee to make appropriate legal arrangements with adjacent property owners concerning the prevention of endangerment to property or public safety.
(11) The permit holder is subject to the enforcement actions detailed in Section 15-5-31 if the permit holder fails to comply with the terms of this permit.
(e) Permit Duration. Permits issued under this section shall be valid from the date if issuance through the date the Director of Public Works notifies the permit holder that all stormwater management practices have passed the required final inspection. If work is not commenced within 180 days, the permit shall expire. The Director of Public Works may attach additional conditions before reissuing a permit."
41. Section 15-5-28 of the McFarland Municipal Code is hereby created to read as follows:
"SEC. 15-5-28 STORMWATER MANAGEMENT PLANS.
(a) Plan Requirements. The stormwater management plan required under Section 15-5-27(b) shall contain any information the Village may need to evaluate the environmental characteristics of the area affected by land development activity, the potential impacts of the proposed development upon the quality and quantity of stormwater discharges, the potential impacts upon water resources and drainage utilities, and the effectiveness and acceptability of proposed stormwater management measures in meeting the performance standards set forth in this Ordinance. Unless specified otherwise by this Ordinance, stormwater management plans 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; 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. Include a USGS 7.5 minute topographical map showing the property boundaries of the proposed development.
(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 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, including time of travel and time of concentration applicable to each; watershed boundaries used in determinations of peak flow discharge rates and discharge volumes from the site; lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site; limits of the 100 year floodplain; location of wells located within 1,200 feet of stormwater detention ponds, infiltration basins, or infiltration trenches; delineation of wellhead protection areas delineated pursuant to Wis. Admin. Code sec. NR 811-16.
(B) Computations of peak flow discharge rates and discharge volumes for the 2-year/24 hour, 10-year/24 hour, and 25-year/24 hour design storm events. All major assumptions used in developing input parameters shall be clearly stated. 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).
(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 Ordinances.
(C) One or more site maps at a scale of not less than one inch equals 100 feet showing: revised pervious land use including vegetative cover type and condition; impervious land use including all buildings, structures, and pavement; revised topographic contours of the site at a scale not to exceed two feet; revised 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, including time of travel and time of concentration applicable to each; 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 determinations of peak flow discharge rates and discharge volumes; any changes to lakes, streams, wetlands, channels, ditches. and other watercourses on and immediately adjacent to the site.
(D) Computation of the runoff volume resulting from the 1.5 inch rainfall, and computations of peak flow discharge rates and discharge volumes for the 2-year/24 hours, 10-year/24 hours and 25-year/24 hours storm events. All major assumptions used in developing input parameters shall be clearly stated. 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.
(F) Results of impact assessments on wetland functional values.
(G) Design computations and all applicable assumptions for the stormwater conveyance (open channel, closed pipe) system.
(H) Design computations and all applicable assumptions for stormwater quality practices (sedimentation type, filtration-type, infiltration-type) as needed to show that practices are appropriately sized to accommodate runoff from the 1.5 inch rainfall. For practice designs that depart from those specified in the "Wisconsin Storm Water Manual, Part 2," the results of continuous simulation modeling, conducted according to the guidelines established in this manual, shall be presented in such a way as to show the reduction in average annual total suspended solids loading from the developed site.
(I) Detailed drawings including cross-sections and profiles of all permanent stormwater conveyance and treatment practices.
(5) A stormwater practice installation schedule.
(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) Other information as needed by the Director of Public Works to determine compliance of the proposed stormwater management measures with the provisions of this Ordinance.
(9) All site investigations, plans, designs, computations, and drawings shall be certified by a competent engineer, to be prepared in accordance with accepted engineering practice and in accordance with The Wisconsin Storm Water Manual, Part Two: Technical Design Guidelines for Storm Water BMP's (latest edition).
(b) Exceptions. The Director of Public Works may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under Section 15-5-26(c) of this Ordinance."
42. Section 15-5-29 of the McFarland Municipal Code is hereby created to read as follows:
"SEC. 15-5-29 MAINTENANCE AGREEMENT.
(a) Maintenance Agreement Required. The maintenance agreement required for stormwater management practices under Section 15-5-27(b) shall be an agreement between the Village and the permittee to provide for maintenance of stormwater practices beyond the duration period of this permit. The agreement shall be recorded with the County Register of Deeds so that it is binding upon all subsequent owners of land served by the stormwater management practices.
(b) Agreement Provisions. The maintenance agreement shall contain the following information and provisions:
(1) Identification of the stormwater facilities and designation of the drainage area served by the facilities.
(2) A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan.
(3) Identification of the landowner(s), organization or municipality responsible for long-term maintenance of the stormwater management practices.
(4) The landowner(s), organization, or municipality shall maintain stormwater management practices in accordance with the schedule included in the agreement.
(5) The Village is authorized to access the property to conduct inspections of stormwater practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement.
(6) The Village shall maintain public records of the results of the site inspections, shall inform the party responsible for maintenance of the inspection results, and shall specifically indicate any corrective actions required to bring the stormwater management practice into proper working condition.
(7) That if the Village notifies the party responsible for maintenance of the stormwater management system of maintenance problems which require correction, the specified corrective actions shall be taken within a reasonable time frame as set by the Director of Public Works.
(8) The Village is authorized to perform the corrected actions identified in the inspection report if the party responsible for maintenance does not make the required corrections in the specified time period. The Village Treasurer shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Wis. Stats. § 66.60(16)."
43. Section 15-5-30 of the McFarland Municipal Code is hereby created to read as follows:
"SEC. 15-5-30 FINANCIAL GUARANTEE.
(a) Establishment of the Guarantee. The Village may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the Village Attorney. The financial guarantee shall be in an amount determined by the Director of Public Works, to be the estimated cost of construction and the estimated cost of maintenance during the period which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the Village the authorization to use the funds to complete the project if the landowner defaults or. does not properly implement the approved stormwater management plan.
(b) Conditions for Release. Conditions for the release of the financial guarantee are as follows:
(1) The Director of Public Works shall release the portion of the financial guarantee established to assure installation of stormwater practices, minus any costs incurred by the Village to complete installation of practices, upon submission of "as built plans" by a licensed professional engineer. The Director of Public Works may make provisions for a partial pro-rata release of the financial guarantee based on the completion of various development stages.
(2) The Director of Public Works shall release the portion of the financial security established to assure maintenance of stormwater practices, minus any costs incurred by the Village, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement."
44. Section 15-5-31 of the McFarland Municipal Code is hereby created to read as follows:
"SEC. 15-5-31 ENFORCEMENT AND PENALTIES.
(a) Any land development activity initiated after the effective date of this Ordinance by any person, firm, association, or corporation subject to the Ordinance provisions shall be deemed a violation unless conducted in accordance with said provisions.
(b) The Director of Public Works shall notify the responsible owner or operator by certified or registered mail of any non-complying land development activity. The notice shall describe the nature of the violation, remedial actions needed. a schedule for remedial action. and additional enforcement action which may be taken.
(c) Upon receipt of written notification from the Director of Public Works, the permit holder shall correct work which does not comply with the stormwater management plan or other provisions of this permit. The permit holder shall make corrections as necessary to meet the specifications and schedule set forth by the Director of Public Works in the notice. The permit holder shall initiate such corrective action within 24 hours of notification by the Village.
(d) If the violations to this Ordinance are likely to result in damage to properties, public facilities or waters of the State, the Director of Public Works or designee may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the Village, plus interest and legal costs, shall be billed to the owner of title of the property, and if not paid, shall be entered on the tax rolls and collected as a special charge pursuant to Wis. Stats. § 66.60(16).
(e) The Director of Public Works is authorized to post a stop work order on all land development activity in violation of this Ordinance, or to request the Village Attorney to obtain a cease and desist order.
(f) The Director of Public Works may revoke a permit issued under this Ordinance for non-compliance with Ordinance provisions.
(g) Any permit revocation, stop work order, or cease and desist order shall remain in effect unless retracted by the Director of Public Works or by a Court of competent jurisdiction.
(h) The Director of Public Works is authorized to refer any violation of this Ordinance, or of a stop work order or cease and desist order issued pursuant to this Ordinance, to the Village Attorney for the commencement of further legal proceedings.
(i) Any person, firm, association, or corporation who does not comply with the provisions of this Ordinance shall be subject to a forfeiture as specified in Section 1-1-6 of this Code. Every violation of this Ordinance is a public nuisance. Compliance with this Ordinance may be enforced by injunctional order at the suit of the Village pursuant to Wis. Stats. § 62.23(8). It shall not be necessary to prosecute for forfeiture before resorting to injunctional proceedings.
(k) When the Director of Public Works determines that the holder of a permit issued pursuant to this Ordinance 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 Director of Public Works or a party designated by the Director Public Works 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 Director of Public Works shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial guarantee posted pursuant to Section 15-5-30. Where Such a guarantee has not been established, or where such a guarantee is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property pursuant to Wis. Stats. § 66.60(16) and collected with any other taxes levied thereon for the year in which the work is completed."
45. Section 15-5-32 of the McFarland Municipal Code is hereby created to read as follows:
"SEC. 15-5-32 APPEALS.
(a) Board of Appeals. The Board of Appeals, created under Section 13-1-260 of the McFarland Municipal Code pursuant to Wis. Stats. § 62.23(7)(e), shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Village Engineer in administering this Ordinance. The Board of Appeals shaft also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals.
(b) Variances. The Board of Appeals may authorize variances from the provisions of this Ordinance which are not contrary to the public interest, and where owing to special conditions a literal enforcement of the Ordinance will result in unnecessary hardship."
46. Section 15-5-33 of the McFarland Municipal Code is hereby created to read as follows:
"SEC. 15-5-33 SEVERABILITY.
If any section, clause, provision or portion of this Ordinance is judged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Ordinance shall remain in force and not be affected by such judgment."
47. Section 15-5-40(b) of the McFarland Municipal Code is hereby repealed and recreated to read as follows:
"(b) Fees for Stormwater Management Plans. Each applicant desiring an activity regulated by Title 15, Chapter 5, Article B, shall submit to the Director of Public Works a fee required by the following schedule:
(1) Stormwater Management Plan without detention plan $25.00
(2) Stormwater Management Plan with detention plan $50.00.