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37 - Control of Stormwater Runoff
Ordinance #37
Stormwater
Control of Stormwater Runoff - Cedarburg
An Ordinance Creating Title 14, Chapter 2 Relating to the Control of Stormwater Runoff
The Common Council of the City of Cedarburg, Wisconsin, does hereby ordain as follows:
SECTION 1. Section 14-1-58 of the Code of Ordinances of the City of Cedarburg is hereby repealed and recreated as Section 14-2.
SECTION 2. All ordinances in contravention to this ordinance are hereby repealed.
SECTION 3. A copy of said Stormwater Management Ordinance is on file and available for public inspection in the Office of the City Clerk.
SECTION 4. This ordinance shall take effect and be in full force after its passage and publication.,
Passed and adopted this 12th day of January 1998.
CHAPTER 2
Stormwater Management
14-2-1 Authority
14-2-2 Purpose and intent
14-2-3 Definitions
14-2-4 Applicability and Jurisdiction
14-2-5 Stormwater Management Standards
14-2-6 Permitting Requirements and Procedures & Fees
14-2-7 Stormwater Management Plans
14-2-8 Maintenance Agreement
14-2-9 Enforcement and Penalties
14-2-10 Appeals
SEC. 14-2-1 AUTHORITY
(a) This ordinance is adopted by the City of Cedarburg under the authority granted by Section 62.234 Wis. Stats. This ordinance supersedes all conflicting and contradictory stormwater management regulations previously enacted under Section 62.23, Wis. Stats. Except as specifically provided for in Section 62,234 Wis. Stats., Section 62.23 Wis, Stats. applies to this ordinance to any amendments to this ordinance.
(b) The provisions of this ordinance are deemed not to limit any other lawful regulatory powers of the same governing body.
(c) The City of Cedarburg hereby designates the City of Cedarburg Department of Engineering and Public Works to administer and enforce the provisions of this ordinance.
(d) The requirements of this ordinance do not pre-empt more stringent stormwater management requirements that may be imposed by WPDES Stormwater Permits issued by the Department of Natural Resources under Section 147.021 Wis, Stats.
SEC. 14-2-2 PURPOSE AND INTENT
(a) PURPOSE. The purpose of this ordinance is to set forth stormwater requirements and criteria which will prevent and control water pollution, diminish the threats to public health, safety, welfare, and aquatic life due to runoff of stormwater from development or redevelopment.
(b) INTENT. It is the general intent of the City of Cedarburg that this ordinance achieve its purpose through:
1) Regulating long-term, post-construction stormwater discharges from land development activities;
2) Controlling the quality, peak flow rates, and quality of stormwater discharges from land development activities;
3) It is more fully the intent of the City of Cedarburg to provide services to maintain and enhance the quality of life within the community. To this end the City of Cedarburg and its Department of Engineering and Public Works will manage stormwater to protect, maintain and enhance the natural environment; diversity of fish and wildlife; human life; property; and recreational use of water-ways within the area.
SEC 14-2-3 DEFINITIONS
(a) "Land development activity" means any construction or modification of improvements to real property or other activity which changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This term does not include agricultural cropping activities.
(b) "Residential development" means that which is created to house people, including the residential dwellings as well as all affected portions of the development including lawns, driveways, sidewalks, garages and access streets. This type of development includes single family, multi-family, apartment, and trailer parks.
(c) "Post-development land use condition" means the extent and distribution of land cover types, anticipated to occur under conditions of full development, that will influence precipitation runoff and infiltration.
(d) "Pre-development land use condition" means land which has runoff characteristics equivalent to runoff Curve Numbers (CNs) of: 30, 58, 71 and 78 for Hydrologic Soil Groups A, B, C, and D, respectively. This term is used for the purpose of matching of pre-and postdevelopment stormwater peak flows and volumes as required by this ordinance. S.06(l)(a)
SEC. 14-2-4 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 the following applicability criteria, even though 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 1 acre or more;
2) Residential land development with a gross aggregate area less than 1 acre, if there are at least 0.25 acres of impervious surfaces;
3) Land development, other than a residential land development, with a gross aggregate area of 0.5 acres or more;
4) Any land development, which in the opinion of the City of Cedarburg Department of Engineering and Public Works, is likely to result in stormwater runoff which causes undue channel erosion, increases water pollution or which endangers downstream property or public safety.
(b) JURISDICTION. This ordinance applies to land development activities within the boundaries of the City of Cedarburg. This ordinance also applies to all lands located within the extraterritorial plat approval jurisdiction of the City of Cedarburg, even if plat approval is not involved.
(c) EXEMPTIONS. This ordinance does not apply to the following activities:
1) Land development activities conducted or contracted for by any state agency, as defined under Section 227.01 (1) Wis. Stats,, but also including the office of district attorney.
2) Stormwater discharges from projects administered by the Department of Transportation, regulated by Ch. TRANS 401, Wis. Admin. Code and subject to the DOT and DNR cooperative agreement.
(d) WAIVERS. Requests to waive the stormwater management plans requirements shall be submitted to the City of Cedarburg Department of Engineering and Public Works for approval by the Public Works Commission. Waivers may be granted if it can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this ordinance,
SEC. 14-2-5 STORMWATER MANAGEMENT STANDARDS
(a) STORMWATER DISCHARGE RATE AND QUANTITY, Unless otherwise provided for in this ordinance, all land development activities subject to this ordinance shall establish onsite management practices to control the peak flow rates of stormwater discharged from the site as described in this ordinance. Infiltration of stormwater runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas shall be incorporated to the maximum extent practical to provide volume control in addition to control of peak flows.
1) On-site management practices shall be used to meet the minimum performance standards as described in this Section:
The proposed land development shall not increase peak flow rates of stormwater runoff from that which would have resulted from the same storm occurring over the site with the land in its predevelopment conditions for storms of twenty-four (24) hour duration and recurrence intervals of two (2), five (5), ten (10), twenty-five (25), fifty (50), and one-hundred (100) years;
2) All stormwater conveyance systems within the proposed development, and receiving surface runoff from the proposed development, shall be designed to completely contain peak storm flows as described in See. 5(a)(2)(i) and (ii). Calculations for determining peak flows for conveyance system sizing shall use Curve Numbers based on the existing or future proposed land use for off-site areas (which ever results in the highest peak flows), and the proposed land use for the on-site areas. Appropriate Curve Numbers are described in Urban Hydrology for Small Watershed, TR-55 (Technical Release 55) published by the Engineering Division, United States Natural Resource Conservation Service (formerly known as the Soil Conservation Service) United States Department of Agriculture, June 1992, or most recent version.
(i) For open channel conveyance systems the peak flow from the 25 year, 24 hour storm shall be completely contained within the channel bottom and banks.
(ii) For storm sewer pipes the peak flow from the 10 year, 24 hour storm shall be completely contained within the pipes with no surcharging or pressurized Flow.
3) Determination of peak flow rates and volume of runoff for purposes of meeting the requirements of Sec. 5(a)(1) and (2) shall be computed by procedures based on the principals and procedures described in Urban-Hydrology for Small )Watershed, TR51 (Technical Release 55) published by the Engineering Division, United States Natural Resource (Conservation Service (formally known as the Soil Conservation Service) United States Department of Agriculture, June 1992, or most recent version. Other calculations methods must be approved by the City of Cedarburg Department of Engineering and Public Works.
4) The rainfall distributions for the storm events shall be based on the SCS Type II storms as described in Urban Hydrology for Small Watershed, TR-55 (Technical Release 55) published by the Engineering Division, United States Natural Resource Conservation Service (formally known as the Soil Conservation Service) United States Department of Agriculture, June 1992, or most recent version.
5) Increases or decreases in the hydrology of natural 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 methods acceptable to the [M]. Significant changes to wetland functional values shall be avoided (as defined by Wis, Admin. Code NR 103)
(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 management measures shall be designed to remove on an average annual basis a minimum of 80% of the total suspended solids load from the proposed on-site development when compared to the proposed on-site development without stormwater management measures. The effectiveness of the stormwater management measures shall be evaluated using criteria provided by the City of Cedarburg Department of Engineering and Public Works.
2) Discharge of urban stormwater pollutants to wetlands without pre-treatment shall be avoided to the extent practical. Pre-treatment methods shall include (but are not limited to) one or more of the following: vegetated swale, buffer strips, wet detention ponds, and in-line structural, stormwater pollution treatment systems.
3) Stormwater discharges shall be pre-treated prior to the use of infiltration best management practices 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 NR 140 Wisconsin Administrative Code. Stormwater infiltration is prohibited under the following circumstances:
(i) Stormwater is generated from highly contaminated source areas at manufacturing industrial sites;
(ii) Stormwater is carried in a conveyance system that also carries contaminated, non-stormwater discharges;
(iii) Stormwater is generated from active construction sites.
Pre-treatment methods shall include (but are not limited to) one or more of the following: vegetated swale, buffer strips, wet detention ponds, and in-line structural, stormwater pollution treatment systems.
4) Stormwater ponds and infiltration devices shall not be located closer to water supply wells than indicated below without first notifying the City of Cedarburg Department of Engineering and Public Works:
(i) 100 feet from a non-public water supply well;
(ii) 400 feet from a municipal water supply well;
(iii) 1,200 feet from a community water supply well (or the defined well for which recharge area surrounding a community water a wellhead protection plan has been established)
5) Land development activities with stormwater runoff reaching Outstanding or Exceptional Resource Waters as identified in Chapter NR 102 Wisconsin Administrative Code, may be required to use additional stormwater management measures to exceed the minimum requirements in Sec. 5(b)(1).
(c) EXCEPTIONS. The minimum requirements for on-site stormwater management practices established in Sec. 5(a) and (b) may be waived in whole or in part by the City of Cedarburg Department of Engineering and Public Works upon written request of the applicant, provided that at least one of the following conditions applies:
I Alternative minimum requirements for on-site management of stormwater discharges have been established in a stormwater management plan that has been approved by the City of Cedarburg Department of Engineering and Public Works and that is required to be implemented by local ordinance.
2) Provisions are made to manage stormwater by an off-site facility. This requires that the off-site facility is in place, is designed and adequately sized to provide a level of stormwater control that is equal to or greater than that which would be afforded by on-site practices meeting the requirements of this ordinance, and has a legally obligated entity responsible for long-term operation and maintenance of the stormwater practice.
3) The City of Cedarburg Department of Engineering and Public Works finds that meeting the minimum on-site management requirements is not feasible due to site conditions,
(d) FEE IN LIEU OF ON-SITE STORMWATER MANAGEMENT PRACTICES. Where the City of Cedarburg Department of Engineering and Public Works waives all or part of the minimum on-site stormwater management requirements under See. 5(c)(3), or where the waiver is based on the provision of adequate stormwater facilities provided by the City of Cedarburg Department or Engineering and Public Works downstream of the proposed development, as provided for under Sec. 5(c)(2), the applicant shall be required to pay a fee hereby established.
FEE IN LIEU OF COSTS
Residential (1&2 Family) land use: $3,242 /acre of land developed. Commercial, Industrial and Multi-Family land use: $7,678 / acre of land developed. The fee shall be evaluated no less than once every two years and adjusted as necessary.
(e) GENERAL CONSIDERATIONS FOR ON-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) Stormwater management measures used in developing the stormwater management plan should be considered according to the following order of preference. Limitations to this order of preference that may be recognized include natural site characteristics, financial feasibility, type of development, legal rights in redirecting stormwater flows, and other restrictions specified in Sec. 5(b) and The Wisconsin Stormwater Manual, Part Two: Technical Design Guidelines for Stormwater BMP's (Wisconsin Department of Natural Resources, in Preparation.)
(i) On-site infiltration measures for rooftop, sidewalk, parking lot and driveway runoff,
(ii) On-site and off-site infiltration style conveyance measures,
(iii) Off-site wet detention measures,
(iv) On-site wet detention measures,
(v) Extended detention measures,
(vi) Off-site infiltration measures.
SEC. 14-2-6 PERMITTING REQUIREMENT & PROCEDURES AND FEES
(a) PERMIT REQUIRED. No land owner or land operator may undertake a land development activity subject to this ordinance without receiving a permit from the City of Cedarburg Department of Engineering and 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 City of Cedarburg Department of Engineering and Public Works a permit application made on a form provided by the City of Cedarburg Department of Engineering and 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 City of Cedarburg Department of Engineering and 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 Sec. 7 of this ordinance, the maintenance agreement shall be prepared to meet the requirements of Sec. 8 of this ordinance, and fees shall be those established by the City of Cedarburg Department of Engineering and Public Works,
(c) REVIEW AND APPROVAL OF PERMIT APPLICATION. The City of Cedarburg Department of Engineering and 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 30 business days of the receipt of a complete permit application, including all documents as required by Sec. 6(b)(1), the City of Cedarburg Department of Engineering and Public Works shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved. The City of Cedarburg Department of Engineering and Public Works shall base the decision on requirements set forth in See. 5, See. 7, and Sec. 8 of this ordinance.
2) If the stormwater permit application, plan and maintenance agreement are approved, the City of Cedarburg Department of Engineering and Public Works shall issue the permit.
3) If the stormwater permit application, plan or maintenance agreement are disapproved, the applicant may revise the stormwater management plan or agreement, or may appeal the decision of the City of Cedarburg Department of Engineering and Public Works as provided for in See. 10 of this ordinance.
4) If additional information is submitted, the City of Cedarburg Department of Engineering and Public Works shall have 30 business days from the date the additional information is received to inform the applicant that the plan and maintenance agreement are either approved or disapproved.
(d) PRACTICE INSTALLATION AND MAINTENANCE PERFORMANCE SECURITY.
The City of Cedarburg Department of Engineering and Public Works may, at its discretion, require the submittal of a performance security prior to issuance of the permit in order to insure that the stormwater practices are installed and maintained by the permit holder as required by the stormwater management plan. The amount of the installation performance security shall be determined by the City of Cedarburg Department of Engineering and Public Works, not to exceed the total estimated construction cost of the stormwater management practices approved under the permit, plus 25%. The amount of the maintenance performance security shall be determined by the City of Cedarburg Department of Engineering and Public Works, not to exceed the maintenance costs estimated in the stormwater plan for the period during which the permit holder has maintenance responsibility. The performance security shall contain forfeiture provisions for failure to complete work specified in the stormwater management plan. Conditions for the release of performance security as follows:
1) The installation performance security shall be released in full only upon submission of "as built plans" and written certification by a registered professional engineer in the State of Wisconsin that the stormwater practice has been installed in accordance with the approved plan and other applicable provisions of this ordinance. The City of Cedarburg Department of Engineering and Public Works may make provisions for a partial pro-rata release of the performance security based on the completion of various development stages.
2) The maintenance performance security, minus any costs incurred by the City of Cedarburg Department of Engineering and Public Works to conduct required maintenance, shall be released at such time that the responsibility for practice maintenance is passed on to another private entity, via an approved maintenance agreement, or to the City of Cedarburg Department of Engineering and Public Works.
(e) PERMIT DURATION. Permits issued under this section shall be valid from the date of issuance through the date the City of Cedarburg Department of Engineering and Public Works notifies the permitholder that all stormwater management practices have passed the final inspection required under Permit Condition.
SEC. 14-2-7 STORMWATER MANAGEMENT PLANS
(a) PLAN REQUIREMENTS. The stormwater management plan required under See. 6 of this ordinance shall contain any such information the City of Cedarburg Department of Engineering and Public Works 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 measure 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 information described within the stormwater management plan forms provided by the City of Cedarburg Department of Engineering and Public Works. All site investigations, plans, designs, computations, and drawings shall be certified by a registered professional engineer in the State of Wisconsin to be prepared in accordance with accepted engineering practice and in accordance with criteria set forth by the City of Cedarburg Department of Engineering and Public Works,
(b) EXCEPTIONS. The City of Cedarburg Department of Engineering and Public Works may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under Sec. 5(c) of this ordinance.
SEC. 14-2-8 MAINTENANCE AGREEMENT
(a) MAINTENANCE AGREEMENT REQUIRED. The maintenance agreement required for stormwater management practices under Sec. 6(b) of this ordinance shall be an agreement between the City of Cedarburg Department of Engineering and Public Works and the permittee. The agreement shall be recorded as a property deed restriction by the permit applicant 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 provisions:
1) The landowner shall maintain stormwater management practices in accordance with the stormwater practice maintenance provisions contained in the approved stormwater management plan submitted under See. 6(b) of this ordinance.
2) The City of Cedarburg Department of Engineering and Public Works 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 approved stormwater management plan.
3) The City of Cedarburg Department of Engineering and Public Works shall maintain public records of the results of the site inspections, shall inform the landowner 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 and a reasonable time frame during which the corrective action must be taken.
4) The City of Cedarburg Department of Engineering and Public Works is authorized to perform the corrected actions identified in the inspection report if the landowner does not make the required corrections in the specified time period. The City of Cedarburg shall assess the landowner for the cost of such work and shall place a lion on the property which may be collected as ordinary taxes by the City of Cedarburg.
(c) TERMINATION OF AGREEMENT. The maintenance agreement shall be terminated at such time that responsibility for maintenance of the stormwater management practice is legally transferred to the City of Cedarburg Department of Engineering and Public Works or agency acceptable to the City of Cedarburg Department of Engineering and Public Works, through a written, binding agreement. The termination date of the maintenance agreement required under Sec. 8(a) shall be the date upon which the legal transfer of maintenance responsibility to the City of Cedarburg Department of Engineering and Public Works or agency is made effective.
SEC. 14-2-9 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 ordinary provisions shall be deemed a violation unless conducted in accordance with said provisions.
(b) The City of Cedarburg Department of Engineering and Public Works shall notify the responsible owner or operator in writing 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 City of Cedarburg Department of Engineering and Public Works the permit holder shall correct work which does not comply with the stormwater management plan or other provisions of this permit within 30 days. The permit holder shall make corrections as necessary to meet the specifications and schedule set forth by the City of Cedarburg, Department of Engineering and Public Works in the notice.
(d) The City of Cedarburg Department of Engineering and Public Works is authorized to post a stop work order on all land development activity in violation of this ordinance, or to request that the City of Cedarburg attorney obtain a cease and desist order.
(e) The City of Cedarburg Department of Engineering and Public Works may revoke a permit issued under this ordinance for noncompliance with ordinance provisions.
(f) Any permit revocation, stop work order, or cease and desist order shall remain in effect unless retracted by the City of Cedarburg Department of Engineering and Public Works or by a court of competent jurisdiction.
(g) The City of Cedarburg Department of Engineering and 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 City of Cedarburg attorney for the commencement of further legal proceedings.
(h) Any person, firm, association, or corporation who does not comply with the provisions of this ordinance shall be subject to a forfeiture of not less than 500 dollars nor more then 5,000 dollars per offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.
(i) Every violation of this ordinance is a public nuisance. Compliance with this ordinance may be enforced by injunction pursuant to Section 62.23(8) Wis. Stats. It shall not be necessary to prosecute for forfeiture before resorting to injunction proceedings. When the City of Cedarburg Department of Engineering and 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 submitted and approved pursuant to See. 6 of this ordinance, or has failed to comply with schedules set forth in said Stormwater Management Plan, the City of Cedarburg Department of Engineering and Public Works or a party designated by the City of Cedarburg Department of Engineering and 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 City of Cedarburg Department of Engineering and 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 performance or maintenance bond posted pursuant to See. 8 of this ordinance. Where such a bond has not been established, or where such a bond is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.
SEC. 14-2-10 Appeals
(a) BOARD OF APPEALS. The Board of Appeals created under Sec. 2-4-4 of the City of Cedarburg zoning ordinance pursuant to section 62.23(7)(e) Wis. Stats., shall hear and decide appeals where it is alleged that there is error in any order, decision, or determination made by the Department of Engineering and Public Works in administering this ordinance. The Board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the Board may authorize variances from the provisions of this ordinance which are not contrary to the public interest, and where owning to special conditions a literal enforcement of the ordinance will result in unnecessary hardship.
(b) WHO MAY APPEAL. Appeals to the Board of Appeals may be taken by any aggrieved person or by an officer, department, board, or bureau of the City of Cedarburg Department of Engineering and Public Works affected by any decision of the City of Cedarburg Department of Engineering and Public Works.
SEC. 14-2-11 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.
Stormwater
Control of Stormwater Runoff - Cedarburg
An Ordinance Creating Title 14, Chapter 2 Relating to the Control of Stormwater Runoff
The Common Council of the City of Cedarburg, Wisconsin, does hereby ordain as follows:
SECTION 1. Section 14-1-58 of the Code of Ordinances of the City of Cedarburg is hereby repealed and recreated as Section 14-2.
SECTION 2. All ordinances in contravention to this ordinance are hereby repealed.
SECTION 3. A copy of said Stormwater Management Ordinance is on file and available for public inspection in the Office of the City Clerk.
SECTION 4. This ordinance shall take effect and be in full force after its passage and publication.,
Passed and adopted this 12th day of January 1998.
CHAPTER 2
Stormwater Management
14-2-1 Authority
14-2-2 Purpose and intent
14-2-3 Definitions
14-2-4 Applicability and Jurisdiction
14-2-5 Stormwater Management Standards
14-2-6 Permitting Requirements and Procedures & Fees
14-2-7 Stormwater Management Plans
14-2-8 Maintenance Agreement
14-2-9 Enforcement and Penalties
14-2-10 Appeals
SEC. 14-2-1 AUTHORITY
(a) This ordinance is adopted by the City of Cedarburg under the authority granted by Section 62.234 Wis. Stats. This ordinance supersedes all conflicting and contradictory stormwater management regulations previously enacted under Section 62.23, Wis. Stats. Except as specifically provided for in Section 62,234 Wis. Stats., Section 62.23 Wis, Stats. applies to this ordinance to any amendments to this ordinance.
(b) The provisions of this ordinance are deemed not to limit any other lawful regulatory powers of the same governing body.
(c) The City of Cedarburg hereby designates the City of Cedarburg Department of Engineering and Public Works to administer and enforce the provisions of this ordinance.
(d) The requirements of this ordinance do not pre-empt more stringent stormwater management requirements that may be imposed by WPDES Stormwater Permits issued by the Department of Natural Resources under Section 147.021 Wis, Stats.
SEC. 14-2-2 PURPOSE AND INTENT
(a) PURPOSE. The purpose of this ordinance is to set forth stormwater requirements and criteria which will prevent and control water pollution, diminish the threats to public health, safety, welfare, and aquatic life due to runoff of stormwater from development or redevelopment.
(b) INTENT. It is the general intent of the City of Cedarburg that this ordinance achieve its purpose through:
1) Regulating long-term, post-construction stormwater discharges from land development activities;
2) Controlling the quality, peak flow rates, and quality of stormwater discharges from land development activities;
3) It is more fully the intent of the City of Cedarburg to provide services to maintain and enhance the quality of life within the community. To this end the City of Cedarburg and its Department of Engineering and Public Works will manage stormwater to protect, maintain and enhance the natural environment; diversity of fish and wildlife; human life; property; and recreational use of water-ways within the area.
SEC 14-2-3 DEFINITIONS
(a) "Land development activity" means any construction or modification of improvements to real property or other activity which changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This term does not include agricultural cropping activities.
(b) "Residential development" means that which is created to house people, including the residential dwellings as well as all affected portions of the development including lawns, driveways, sidewalks, garages and access streets. This type of development includes single family, multi-family, apartment, and trailer parks.
(c) "Post-development land use condition" means the extent and distribution of land cover types, anticipated to occur under conditions of full development, that will influence precipitation runoff and infiltration.
(d) "Pre-development land use condition" means land which has runoff characteristics equivalent to runoff Curve Numbers (CNs) of: 30, 58, 71 and 78 for Hydrologic Soil Groups A, B, C, and D, respectively. This term is used for the purpose of matching of pre-and postdevelopment stormwater peak flows and volumes as required by this ordinance. S.06(l)(a)
SEC. 14-2-4 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 the following applicability criteria, even though 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 1 acre or more;
2) Residential land development with a gross aggregate area less than 1 acre, if there are at least 0.25 acres of impervious surfaces;
3) Land development, other than a residential land development, with a gross aggregate area of 0.5 acres or more;
4) Any land development, which in the opinion of the City of Cedarburg Department of Engineering and Public Works, is likely to result in stormwater runoff which causes undue channel erosion, increases water pollution or which endangers downstream property or public safety.
(b) JURISDICTION. This ordinance applies to land development activities within the boundaries of the City of Cedarburg. This ordinance also applies to all lands located within the extraterritorial plat approval jurisdiction of the City of Cedarburg, even if plat approval is not involved.
(c) EXEMPTIONS. This ordinance does not apply to the following activities:
1) Land development activities conducted or contracted for by any state agency, as defined under Section 227.01 (1) Wis. Stats,, but also including the office of district attorney.
2) Stormwater discharges from projects administered by the Department of Transportation, regulated by Ch. TRANS 401, Wis. Admin. Code and subject to the DOT and DNR cooperative agreement.
(d) WAIVERS. Requests to waive the stormwater management plans requirements shall be submitted to the City of Cedarburg Department of Engineering and Public Works for approval by the Public Works Commission. Waivers may be granted if it can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this ordinance,
SEC. 14-2-5 STORMWATER MANAGEMENT STANDARDS
(a) STORMWATER DISCHARGE RATE AND QUANTITY, Unless otherwise provided for in this ordinance, all land development activities subject to this ordinance shall establish onsite management practices to control the peak flow rates of stormwater discharged from the site as described in this ordinance. Infiltration of stormwater runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas shall be incorporated to the maximum extent practical to provide volume control in addition to control of peak flows.
1) On-site management practices shall be used to meet the minimum performance standards as described in this Section:
The proposed land development shall not increase peak flow rates of stormwater runoff from that which would have resulted from the same storm occurring over the site with the land in its predevelopment conditions for storms of twenty-four (24) hour duration and recurrence intervals of two (2), five (5), ten (10), twenty-five (25), fifty (50), and one-hundred (100) years;
2) All stormwater conveyance systems within the proposed development, and receiving surface runoff from the proposed development, shall be designed to completely contain peak storm flows as described in See. 5(a)(2)(i) and (ii). Calculations for determining peak flows for conveyance system sizing shall use Curve Numbers based on the existing or future proposed land use for off-site areas (which ever results in the highest peak flows), and the proposed land use for the on-site areas. Appropriate Curve Numbers are described in Urban Hydrology for Small Watershed, TR-55 (Technical Release 55) published by the Engineering Division, United States Natural Resource Conservation Service (formerly known as the Soil Conservation Service) United States Department of Agriculture, June 1992, or most recent version.
(i) For open channel conveyance systems the peak flow from the 25 year, 24 hour storm shall be completely contained within the channel bottom and banks.
(ii) For storm sewer pipes the peak flow from the 10 year, 24 hour storm shall be completely contained within the pipes with no surcharging or pressurized Flow.
3) Determination of peak flow rates and volume of runoff for purposes of meeting the requirements of Sec. 5(a)(1) and (2) shall be computed by procedures based on the principals and procedures described in Urban-Hydrology for Small )Watershed, TR51 (Technical Release 55) published by the Engineering Division, United States Natural Resource (Conservation Service (formally known as the Soil Conservation Service) United States Department of Agriculture, June 1992, or most recent version. Other calculations methods must be approved by the City of Cedarburg Department of Engineering and Public Works.
4) The rainfall distributions for the storm events shall be based on the SCS Type II storms as described in Urban Hydrology for Small Watershed, TR-55 (Technical Release 55) published by the Engineering Division, United States Natural Resource Conservation Service (formally known as the Soil Conservation Service) United States Department of Agriculture, June 1992, or most recent version.
5) Increases or decreases in the hydrology of natural 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 methods acceptable to the [M]. Significant changes to wetland functional values shall be avoided (as defined by Wis, Admin. Code NR 103)
(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 management measures shall be designed to remove on an average annual basis a minimum of 80% of the total suspended solids load from the proposed on-site development when compared to the proposed on-site development without stormwater management measures. The effectiveness of the stormwater management measures shall be evaluated using criteria provided by the City of Cedarburg Department of Engineering and Public Works.
2) Discharge of urban stormwater pollutants to wetlands without pre-treatment shall be avoided to the extent practical. Pre-treatment methods shall include (but are not limited to) one or more of the following: vegetated swale, buffer strips, wet detention ponds, and in-line structural, stormwater pollution treatment systems.
3) Stormwater discharges shall be pre-treated prior to the use of infiltration best management practices 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 NR 140 Wisconsin Administrative Code. Stormwater infiltration is prohibited under the following circumstances:
(i) Stormwater is generated from highly contaminated source areas at manufacturing industrial sites;
(ii) Stormwater is carried in a conveyance system that also carries contaminated, non-stormwater discharges;
(iii) Stormwater is generated from active construction sites.
Pre-treatment methods shall include (but are not limited to) one or more of the following: vegetated swale, buffer strips, wet detention ponds, and in-line structural, stormwater pollution treatment systems.
4) Stormwater ponds and infiltration devices shall not be located closer to water supply wells than indicated below without first notifying the City of Cedarburg Department of Engineering and Public Works:
(i) 100 feet from a non-public water supply well;
(ii) 400 feet from a municipal water supply well;
(iii) 1,200 feet from a community water supply well (or the defined well for which recharge area surrounding a community water a wellhead protection plan has been established)
5) Land development activities with stormwater runoff reaching Outstanding or Exceptional Resource Waters as identified in Chapter NR 102 Wisconsin Administrative Code, may be required to use additional stormwater management measures to exceed the minimum requirements in Sec. 5(b)(1).
(c) EXCEPTIONS. The minimum requirements for on-site stormwater management practices established in Sec. 5(a) and (b) may be waived in whole or in part by the City of Cedarburg Department of Engineering and Public Works upon written request of the applicant, provided that at least one of the following conditions applies:
I Alternative minimum requirements for on-site management of stormwater discharges have been established in a stormwater management plan that has been approved by the City of Cedarburg Department of Engineering and Public Works and that is required to be implemented by local ordinance.
2) Provisions are made to manage stormwater by an off-site facility. This requires that the off-site facility is in place, is designed and adequately sized to provide a level of stormwater control that is equal to or greater than that which would be afforded by on-site practices meeting the requirements of this ordinance, and has a legally obligated entity responsible for long-term operation and maintenance of the stormwater practice.
3) The City of Cedarburg Department of Engineering and Public Works finds that meeting the minimum on-site management requirements is not feasible due to site conditions,
(d) FEE IN LIEU OF ON-SITE STORMWATER MANAGEMENT PRACTICES. Where the City of Cedarburg Department of Engineering and Public Works waives all or part of the minimum on-site stormwater management requirements under See. 5(c)(3), or where the waiver is based on the provision of adequate stormwater facilities provided by the City of Cedarburg Department or Engineering and Public Works downstream of the proposed development, as provided for under Sec. 5(c)(2), the applicant shall be required to pay a fee hereby established.
FEE IN LIEU OF COSTS
Residential (1&2 Family) land use: $3,242 /acre of land developed. Commercial, Industrial and Multi-Family land use: $7,678 / acre of land developed. The fee shall be evaluated no less than once every two years and adjusted as necessary.
(e) GENERAL CONSIDERATIONS FOR ON-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) Stormwater management measures used in developing the stormwater management plan should be considered according to the following order of preference. Limitations to this order of preference that may be recognized include natural site characteristics, financial feasibility, type of development, legal rights in redirecting stormwater flows, and other restrictions specified in Sec. 5(b) and The Wisconsin Stormwater Manual, Part Two: Technical Design Guidelines for Stormwater BMP's (Wisconsin Department of Natural Resources, in Preparation.)
(i) On-site infiltration measures for rooftop, sidewalk, parking lot and driveway runoff,
(ii) On-site and off-site infiltration style conveyance measures,
(iii) Off-site wet detention measures,
(iv) On-site wet detention measures,
(v) Extended detention measures,
(vi) Off-site infiltration measures.
SEC. 14-2-6 PERMITTING REQUIREMENT & PROCEDURES AND FEES
(a) PERMIT REQUIRED. No land owner or land operator may undertake a land development activity subject to this ordinance without receiving a permit from the City of Cedarburg Department of Engineering and 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 City of Cedarburg Department of Engineering and Public Works a permit application made on a form provided by the City of Cedarburg Department of Engineering and 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 City of Cedarburg Department of Engineering and 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 Sec. 7 of this ordinance, the maintenance agreement shall be prepared to meet the requirements of Sec. 8 of this ordinance, and fees shall be those established by the City of Cedarburg Department of Engineering and Public Works,
(c) REVIEW AND APPROVAL OF PERMIT APPLICATION. The City of Cedarburg Department of Engineering and 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 30 business days of the receipt of a complete permit application, including all documents as required by Sec. 6(b)(1), the City of Cedarburg Department of Engineering and Public Works shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved. The City of Cedarburg Department of Engineering and Public Works shall base the decision on requirements set forth in See. 5, See. 7, and Sec. 8 of this ordinance.
2) If the stormwater permit application, plan and maintenance agreement are approved, the City of Cedarburg Department of Engineering and Public Works shall issue the permit.
3) If the stormwater permit application, plan or maintenance agreement are disapproved, the applicant may revise the stormwater management plan or agreement, or may appeal the decision of the City of Cedarburg Department of Engineering and Public Works as provided for in See. 10 of this ordinance.
4) If additional information is submitted, the City of Cedarburg Department of Engineering and Public Works shall have 30 business days from the date the additional information is received to inform the applicant that the plan and maintenance agreement are either approved or disapproved.
(d) PRACTICE INSTALLATION AND MAINTENANCE PERFORMANCE SECURITY.
The City of Cedarburg Department of Engineering and Public Works may, at its discretion, require the submittal of a performance security prior to issuance of the permit in order to insure that the stormwater practices are installed and maintained by the permit holder as required by the stormwater management plan. The amount of the installation performance security shall be determined by the City of Cedarburg Department of Engineering and Public Works, not to exceed the total estimated construction cost of the stormwater management practices approved under the permit, plus 25%. The amount of the maintenance performance security shall be determined by the City of Cedarburg Department of Engineering and Public Works, not to exceed the maintenance costs estimated in the stormwater plan for the period during which the permit holder has maintenance responsibility. The performance security shall contain forfeiture provisions for failure to complete work specified in the stormwater management plan. Conditions for the release of performance security as follows:
1) The installation performance security shall be released in full only upon submission of "as built plans" and written certification by a registered professional engineer in the State of Wisconsin that the stormwater practice has been installed in accordance with the approved plan and other applicable provisions of this ordinance. The City of Cedarburg Department of Engineering and Public Works may make provisions for a partial pro-rata release of the performance security based on the completion of various development stages.
2) The maintenance performance security, minus any costs incurred by the City of Cedarburg Department of Engineering and Public Works to conduct required maintenance, shall be released at such time that the responsibility for practice maintenance is passed on to another private entity, via an approved maintenance agreement, or to the City of Cedarburg Department of Engineering and Public Works.
(e) PERMIT DURATION. Permits issued under this section shall be valid from the date of issuance through the date the City of Cedarburg Department of Engineering and Public Works notifies the permitholder that all stormwater management practices have passed the final inspection required under Permit Condition.
SEC. 14-2-7 STORMWATER MANAGEMENT PLANS
(a) PLAN REQUIREMENTS. The stormwater management plan required under See. 6 of this ordinance shall contain any such information the City of Cedarburg Department of Engineering and Public Works 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 measure 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 information described within the stormwater management plan forms provided by the City of Cedarburg Department of Engineering and Public Works. All site investigations, plans, designs, computations, and drawings shall be certified by a registered professional engineer in the State of Wisconsin to be prepared in accordance with accepted engineering practice and in accordance with criteria set forth by the City of Cedarburg Department of Engineering and Public Works,
(b) EXCEPTIONS. The City of Cedarburg Department of Engineering and Public Works may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under Sec. 5(c) of this ordinance.
SEC. 14-2-8 MAINTENANCE AGREEMENT
(a) MAINTENANCE AGREEMENT REQUIRED. The maintenance agreement required for stormwater management practices under Sec. 6(b) of this ordinance shall be an agreement between the City of Cedarburg Department of Engineering and Public Works and the permittee. The agreement shall be recorded as a property deed restriction by the permit applicant 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 provisions:
1) The landowner shall maintain stormwater management practices in accordance with the stormwater practice maintenance provisions contained in the approved stormwater management plan submitted under See. 6(b) of this ordinance.
2) The City of Cedarburg Department of Engineering and Public Works 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 approved stormwater management plan.
3) The City of Cedarburg Department of Engineering and Public Works shall maintain public records of the results of the site inspections, shall inform the landowner 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 and a reasonable time frame during which the corrective action must be taken.
4) The City of Cedarburg Department of Engineering and Public Works is authorized to perform the corrected actions identified in the inspection report if the landowner does not make the required corrections in the specified time period. The City of Cedarburg shall assess the landowner for the cost of such work and shall place a lion on the property which may be collected as ordinary taxes by the City of Cedarburg.
(c) TERMINATION OF AGREEMENT. The maintenance agreement shall be terminated at such time that responsibility for maintenance of the stormwater management practice is legally transferred to the City of Cedarburg Department of Engineering and Public Works or agency acceptable to the City of Cedarburg Department of Engineering and Public Works, through a written, binding agreement. The termination date of the maintenance agreement required under Sec. 8(a) shall be the date upon which the legal transfer of maintenance responsibility to the City of Cedarburg Department of Engineering and Public Works or agency is made effective.
SEC. 14-2-9 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 ordinary provisions shall be deemed a violation unless conducted in accordance with said provisions.
(b) The City of Cedarburg Department of Engineering and Public Works shall notify the responsible owner or operator in writing 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 City of Cedarburg Department of Engineering and Public Works the permit holder shall correct work which does not comply with the stormwater management plan or other provisions of this permit within 30 days. The permit holder shall make corrections as necessary to meet the specifications and schedule set forth by the City of Cedarburg, Department of Engineering and Public Works in the notice.
(d) The City of Cedarburg Department of Engineering and Public Works is authorized to post a stop work order on all land development activity in violation of this ordinance, or to request that the City of Cedarburg attorney obtain a cease and desist order.
(e) The City of Cedarburg Department of Engineering and Public Works may revoke a permit issued under this ordinance for noncompliance with ordinance provisions.
(f) Any permit revocation, stop work order, or cease and desist order shall remain in effect unless retracted by the City of Cedarburg Department of Engineering and Public Works or by a court of competent jurisdiction.
(g) The City of Cedarburg Department of Engineering and 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 City of Cedarburg attorney for the commencement of further legal proceedings.
(h) Any person, firm, association, or corporation who does not comply with the provisions of this ordinance shall be subject to a forfeiture of not less than 500 dollars nor more then 5,000 dollars per offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.
(i) Every violation of this ordinance is a public nuisance. Compliance with this ordinance may be enforced by injunction pursuant to Section 62.23(8) Wis. Stats. It shall not be necessary to prosecute for forfeiture before resorting to injunction proceedings. When the City of Cedarburg Department of Engineering and 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 submitted and approved pursuant to See. 6 of this ordinance, or has failed to comply with schedules set forth in said Stormwater Management Plan, the City of Cedarburg Department of Engineering and Public Works or a party designated by the City of Cedarburg Department of Engineering and 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 City of Cedarburg Department of Engineering and 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 performance or maintenance bond posted pursuant to See. 8 of this ordinance. Where such a bond has not been established, or where such a bond is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.
SEC. 14-2-10 Appeals
(a) BOARD OF APPEALS. The Board of Appeals created under Sec. 2-4-4 of the City of Cedarburg zoning ordinance pursuant to section 62.23(7)(e) Wis. Stats., shall hear and decide appeals where it is alleged that there is error in any order, decision, or determination made by the Department of Engineering and Public Works in administering this ordinance. The Board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the Board may authorize variances from the provisions of this ordinance which are not contrary to the public interest, and where owning to special conditions a literal enforcement of the ordinance will result in unnecessary hardship.
(b) WHO MAY APPEAL. Appeals to the Board of Appeals may be taken by any aggrieved person or by an officer, department, board, or bureau of the City of Cedarburg Department of Engineering and Public Works affected by any decision of the City of Cedarburg Department of Engineering and Public Works.
SEC. 14-2-11 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.