Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 152 - Model Ordinances For Construction Site Erosion And Sediment Control And Post-Construction Storm Water Management › Appendix B - MODEL POST-CONSTRUCTION STORM WATER MANAGEMENT ORDINANCE

Current through June 24, 2024
Note to Users:
The "Users" in this
				  document are the municipalities that use this guidance in developing their
				  ordinances. "Note to Users" appears in italics throughout these model
				  ordinances and should not be included in the final ordinance. This model
				  ordinance includes the use of brackets [ ] around phrases that are to be filled
				  in by the municipality. For example, the phrase [administering authority] is
				  frequently used. When the municipality chooses to have the ordinance
				  administered by the City Engineer, the phrase [administering authority] should
				  be replaced by "City Engineer." In a few places, the model ordinance includes
				  phrases in brackets that are underlined [ ______ ]. In these cases, one of the
				  underlined phrases should be selected verbatim. For example, if the phrase
				  includes statutory citations, several underlined choices may be given such as
				  [59.693, 60.627, 61.354, or 62.234]. A county would replace the phrase in
				  brackets with "59.693," since that is the appropriate citation for a county to
				  use. Some sections and subsections are optional for users to include in the
				  ordinance and will be identified as such in a "Note to Users." An asterisk ( *
				  ) denotes subsequent numbering and references to numbered sections or
				  subsections that would be affected by exclusion of the optional
				  text.
MODEL POST-CONSTRUCTION STORM WATER MANAGEMENT
				  ORDINANCE
AN ORDINANCE TO CREATE CHAPTER [NUMBER] OF THE [CODE OR
				  ORDINANCE] OF THE [NAME OF MUNICIPALITY] RELATING TO THE CONTROL OF
				  POST-CONSTRUCTION RUNOFF
FOREWORD.
The intent of this ordinance is to reduce the discharge of
				  pollutants carried in storm water runoff to waters of the state. Use of this
				  ordinance by municipalities will foster the consistent, statewide application
				  of post-construction performance standards for new development and
				  redevelopment contained in subch. III and IV of ch. NR 151, Wis. Adm.
				  Code.
The [governing body (town board of supervisors, county board
				  of supervisors, city council, village board of trustees, or village council)]
				  of the [name of municipality] does hereby ordain that Chapter [number] of the
				  [code or ordinance] of the [name of municipality] is created to read as
				  follows:
[CHAPTER]
POST-CONSTRUCTION STORM WATER MANAGEMENT S. 01
				  AUTHORITY.
(1) This ordinance is adopted by the [governing body] under
				  the authority granted by s. [59.693
				  (for counties); 60.627 (for towns); 61.354 (for villages); or 62.234 (for
				  cities)], Wis. Stats. This ordinance supersedes all provisions of an ordinance
				  previously enacted under s. [59.69,
				  60.62,
				  61.35, or
				  62.23], Wis.
				  Stats., that relate to storm water management regulations. Except as otherwise
				  specified in s. [59.693,
				  60.627,
				  61.354,
				  or
				  62.234],
				  Wis. Stats., s. [59.69,
				  60.62,
				  61.35, or
				  62.23], Wis.
				  Stats., applies to this ordinance and to any amendments to this
				  ordinance.
Note to Users:
There may be instances
				  when this ordinance does not supersede other ordinances relating to
				  construction erosion control previously adopted by the governing
				  body.
(2) The provisions of this ordinance are deemed not to limit
				  any other lawful regulatory powers of the [governing body].
(3) The [governing body] hereby designates the [administering
				  authority] to administer and enforce the provisions of this ordinance.
(4) The requirements of this ordinance do not preempt more
				  stringent storm water management requirements that may be imposed by any of the
				  following:
(a) Wisconsin Department of Natural Resources administrative
				  rules, permits, or approvals including those authorized under ss.
				  281.16
				  and
				  283.33,
				  Wis. Stats.
(b) Targeted non-agricultural performance standards
				  promulgated in rules by the Wisconsin Department of Natural Resources under s.
				  NR
				  151.004, Wis. Adm. Code.
S. 02 FINDINGS OF FACT.
The [governing body] acknowledges that uncontrolled,
				  post-construction runoff has a significant impact upon water resources; the
				  health, safety, and general welfare of the community; and diminishes the public
				  enjoyment and use of natural resources. Specifically, uncontrolled
				  post-construction runoff can do all of the following:
(1) Degrade physical stream habitat by increasing stream bank
				  erosion, increasing streambed scour, diminishing groundwater recharge,
				  diminishing stream base flows, and increasing stream temperature.
(2) Diminish the capacity of lakes and streams to support
				  fish, aquatic life, and recreational and water supply uses by increasing
				  pollutant loading of sediment, suspended solids, nutrients, heavy metals,
				  bacteria, pathogens, and other urban pollutants.
(3) Alter wetland communities by changing wetland hydrology
				  and 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.
S. 03 PURPOSE AND INTENT.
(1) PURPOSE. The general purpose of this ordinance is to
				  establish long-term, post-construction runoff
management requirements that will diminish the threats to
				  public health, safety, welfare, and the aquatic environment. Specific purposes
				  are to do all of the following:
(a) Further the maintenance of safe and healthful
				  conditions.
(b) Prevent and control the adverse effects of storm water;
				  prevent and control soil erosion; prevent and control water pollution; protect
				  spawning grounds, fish, and aquatic life; control building sites, placement of
				  structures, and land uses; preserve ground cover and scenic beauty; and promote
				  sound economic growth.
(c) Control exceedance of the safe capacity of existing
				  drainage facilities and receiving water bodies; prevent undue channel erosion;
				  and control increases in the scouring and transportation of particulate
				  matter.
(d) Minimize the amount of pollutants discharged from the
				  separate storm sewer to protect the waters of the state.
(2) INTENT. It is the intent of the [governing body] that
				  this ordinance regulates post-construction storm water discharges to waters of
				  the state. This ordinance may be applied on a site-by-site basis. The
				  [governing body] recognizes, however, that the preferred method of achieving
				  the storm water performance standards set forth in this ordinance is through
				  the preparation and implementation of comprehensive, systems-level storm water
				  management plans that cover hydrologic units, such as watersheds, on a
				  municipal and regional scale. Such plans may prescribe regional storm water
				  devices, practices, or systems, any of which may be designed to treat runoff
				  from more than one site prior to discharge to waters of the state. When such
				  plans are in conformance with the performance standards developed under s.
				  281.16,
				  Wis. Stats., for regional storm water management measures and have been
				  approved by the [governing body], it is the intent of this ordinance that the
				  approved storm water management plan be used to identify post-construction
				  management measures acceptable for the community.
S. 04 APPLICABILITY AND JURISDICTION.
(1) APPLICABILITY.
(a) Except as provided under par. (b), this ordinance applies
				  to a post-construction site on which one acre or more of land disturbing
				  construction activity occurs during construction.
Note to Users:
The one acre land
				  disturbance threshold is consistent with state and federal laws regarding
				  applicability of construction site erosion and sediment control permits. The
				  municipality may apply its ordinance to sites of less than one
				  acre.
(b) A site that meets any of the criteria in this paragraph
				  is exempt from the requirements of this ordinance:
1. A post-construction site with less than ten percent
				  connected imperviousness, based on the area of land disturbance, provided the
				  cumulative area of all impervious surfaces is less than one acre. However, the
				  exemption of this subdivision does not include exemption from the protective
				  area standard of this ordinance.
2. Agricultural facilities and practices.
3. Underground utility construction, but not including the
				  construction of any above ground structures associated with utility
				  construction.
(c) Notwithstanding the applicability requirements in par.
				  (a), this ordinance applies to post-construction sites of any size that, as
				  determined by the [administering authority], are likely to result in runoff
				  that exceeds the safe capacity of the existing drainage facilities or receiving
				  body of water, causes undue channel erosion, or increases water pollution by
				  scouring or the transportation of particulate matter.
(2) JURISDICTION.
This ordinance applies to [post-construction sites within the
				  boundaries and jurisdiction of the [name of the municipality];
or
post-construction sites within the boundaries and
				  jurisdiction of the [name of municipality], as well as the extraterritorial
				  division of land subject to an ordinance enacted pursuant to s.
				  236.45(2) and
				  (3), Wis. Stats.;
or
post-construction sites within the boundaries and
				  jurisdiction of the [name of the municipality], as well as all lands located
				  within the extraterritorial plat approval jurisdiction of the [name of
				  municipality], even if plat approval is not involved].
Note to Users:
These options differ in
				  the amount of land area covered by this ordinance and may have ramifications
				  for enforcement authority. For counties, the first option will be the only
				  option since counties do not have extraterritorial authority. Under s.
				  59.693(10),
				  Wis. Stats., if a county storm water management ordinance exists at the time of
				  annexation, then the municipal ordinance must be at least as restrictive as the
				  county ordinance.
(3) EXCLUSIONS.
This ordinance is not applicable to activities conducted by a
				  state agency, as defined under s.
				  227.01(1),
				  Wis. Stats.
S. 045 SUBDIVISION AND NUMBERING OF THIS ORDINANCE;
				  WORD USAGE
(1) This ordinance is divided into sections designated by
				  boldface numerals and abbreviated "S.". Sections may be divided into
				  subsections designated by numerals in parentheses and abbreviated "sub."
				  Subsections may be divided into paragraphs designated by lower case letters in
				  parentheses and abbreviated "(par.)." Paragraphs may be divided into
				  subdivisions designated by numerals followed by a period and abbreviated
				  "subd." Subdivisions may be further subdivided into paragraphs designated by
				  lower case letters followed by a period and those paragraphs may lowercase
				  Roman numerals, which are abbreviated in the form "subd. 1. a." and "subd. 1.
				  a. i.," respectively. Reference to a "section," "subsection," "paragraph," or
				  "subdivision" includes all divisions of the referenced section, subsection,
				  paragraph, or subdivision.
(2) The singular includes the plural, and the plural includes
				  the singular. The present tense of a verb includes the future when applicable.
				  The future perfect tense includes past and future tenses.
S. 05 DEFINITIONS.
In this ordinance:
(1) "Adequate sod or self-sustaining vegetative cover" means
				  maintenance of sufficient vegetation types and densities such that the physical
				  integrity of the streambank or lakeshore is preserved. "Self-sustaining
				  vegetative cover" includes grasses, forbs, sedges, and duff layers of fallen
				  leaves and woody debris.
(2) "Administering authority" means a governmental employee,
				  or a regional planning commission empowered under s. [59.693;
				  60.627;
				  61.354;
				  or 62.234], Wis. Stats., that is designated by the [governing body] to
				  administer this ordinance.
(3) "Agricultural facilities and practices" has the meaning
				  given in s.
				  281.16(1),
				  Wis. Stats.
(4) "Atlas 14" means the National Oceanic and Atmospheric
				  Administration (NOAA) Atlas 14 Precipitation-Frequency Atlas of the United
				  States, Volume 8 (Midwestern States), published in 2013.
(5) "Average annual rainfall" means a typical calendar year
				  of precipitation as determined by the Wisconsin Department of Natural Resources
				  for users of models such as WinSLAMM, P8 or equivalent methodology. The average
				  annual rainfall is chosen from a department publication for the location
				  closest to the municipality.
(6) "Best management practice" or "BMP" means structural or
				  non-structural measures, practices, techniques, or devices employed to avoid or
				  minimize sediment or pollutants carried in runoff to waters of the
				  state.
(7) "Business day" means a day the office of the
				  [administering authority] is routinely and customarily open for
				  business.
(8) "Cease and desist order" means a court-issued order to
				  halt land disturbing construction activity that is being conducted without the
				  required permit or in violation of a permit issued by the [administering
				  authority].
(9) "Combined sewer system" means a system for conveying both
				  sanitary sewage and storm water runoff.
(10) "Connected imperviousness" means an impervious surface
				  connected to the waters of the state via a separate storm sewer, an impervious
				  flow path, or a minimally pervious flow path.
(11) "Design storm" means a hypothetical discrete rainstorm
				  characterized by a specific duration, temporal distribution, rainfall
				  intensity, return frequency, and total depth of rainfall.
(12) "Development" means residential, commercial, industrial,
				  or institutional land uses and associated roads.
(13) "Direct conduits to groundwater" means wells, sinkholes,
				  swallets, fractured bedrock at the surface, mine shafts, non-metallic mines,
				  tile inlets discharging to groundwater, quarries, or depressional groundwater
				  recharge areas over shallow fractured bedrock.
(14)* "Division of land" means the creation from one parcel
				  of [number] or more parcels or building sites of [number] or fewer acres each
				  in area when such creation occurs at one time or through the successive
				  partition within a 5-year period.
Note to Users:
This definition is only
				  needed depending on the type of jurisdiction selected under S. 04 (2)
				  above.
(15) "Effective infiltration area" means the area of the
				  infiltration system that is used to infiltrate runoff and does not include the
				  area used for site access, berms, or pretreatment.
(16) "Erosion" means the process by which the land's surface
				  is worn away by the action of wind, water, ice, or gravity.
(17) "Exceptional resource waters" means waters listed in s.
				  NR
				  102.11, Wis. Adm. Code.
(18)* "Extraterritorial" means the unincorporated area within
				  three miles of the corporate limits of a first, second, or third class city, or
				  within one and a half miles of a fourth class city or village.
Note to Users:
This definition is only
				  needed depending on the type of jurisdiction selected under S. 04 (2)
				  above.
(19) "Filtering layer" means soil that has at least a 3-foot
				  deep layer with at least 20 percent fines; or at least a 5-foot deep layer with
				  at least 10 percent fines; or an engineered soil with an equivalent level of
				  protection as determined by the regulatory authority for the site.
(20) "Final stabilization" means that all land disturbing
				  construction activities at the construction site have been completed and that a
				  uniform perennial vegetative cover has been established with a density of at
				  least 70 percent of the cover for the unpaved areas and areas not covered by
				  permanent structures or that employ equivalent permanent stabilization
				  measures.
(21) "Financial guarantee" means a performance bond,
				  maintenance bond, surety bond, irrevocable letter of credit, or similar
				  guarantees submitted to the [administering authority] by the responsible party
				  to assure that requirements of the ordinance are carried out in compliance with
				  the storm water management plan.
(22) "Impervious surface" means an area that releases as
				  runoff all or a large portion of the precipitation that falls on it, except for
				  frozen soil. Rooftops, sidewalks, driveways, gravel or paved parking lots and
				  streets are examples of areas that typically are impervious.
(23) "In-fill" means an undeveloped area of land located
				  within an existing urban sewer service area, surrounded by development or
				  development and natural or man-made features where development cannot
				  occur.
(24) "Infiltration" means the entry of precipitation or
				  runoff into or through the soil.
(25) "Infiltration system" means a device or practice such as
				  a basin, trench, rain garden, or swale designed specifically to encourage
				  infiltration, but does not include natural infiltration in pervious surfaces
				  such as lawns, redirecting of rooftop downspouts onto lawns, or minimal
				  infiltration from practices, such as swales or road side channels designed for
				  conveyance and pollutant removal only.
(26) "Land disturbing construction activity" means any
				  man-made alteration of the land surface resulting in a change in the topography
				  or existing vegetative or non-vegetative soil cover that may result in runoff
				  and lead to an increase in soil erosion and movement of sediment into waters of
				  the state. "Land disturbing construction activity" includes clearing and
				  grubbing, demolition, excavating, pit trench dewatering, filling, and grading
				  activities.
(27) "Landowner" means any person holding fee title, an
				  easement, or another interest in property that allows the person to undertake
				  cropping, livestock management, land disturbing construction activity, or
				  maintenance of storm water BMPs on the property.
(28) "Maintenance agreement" means a legal document that
				  provides for long-term maintenance of storm water management practices.
(29) "Maximum extent practicable" means the highest level of
				  performance that is achievable but is not equivalent to a performance standard
				  identified in this ordinance as determined in accordance with S. 055 of this
				  ordinance.
(30) "New development" means development resulting from the
				  conversion of previously undeveloped land or agricultural land uses.
(31) "NRCS MSE3 or MSE4 distribution" means a specific
				  precipitation distribution developed by the United States Department of
				  Agriculture, Natural Resources Conservation Service, using precipitation data
				  from Atlas 14.
(32) "Off-site" means located outside the property boundary
				  described in the permit application.
(33) "On-site" means located within the property boundary
				  described in the permit application.
(34) "Ordinary high-water mark" has the meaning given in s.
				  NR
				  115.03(6), Wis. Adm. Code.
(35) "Outstanding resource waters" means waters listed in s.
				  NR
				  102.10, Wis. Adm. Code.
(36) "Percent fines" means the percentage of a given sample
				  of soil that passes through a # 200 sieve.
(37) "Performance standard" means a narrative or measurable
				  number specifying the minimum acceptable outcome for a facility or
				  practice.
(38) "Permit" means a written authorization made by the
				  [administering authority] to the applicant to conduct land disturbing
				  construction activity or to discharge post-construction runoff to waters of the
				  state.
(39) "Permit administration fee" means a sum of money paid to
				  the [administering authority] by the permit applicant for the purpose of
				  recouping the expenses incurred by the authority in administering the
				  permit.
(40) "Pervious surface" means an area that releases as runoff
				  a small portion of the precipitation that falls on it. Lawns, gardens, parks,
				  forests, or other similar vegetated areas are examples of surfaces that
				  typically are pervious.
(41) "Pollutant" has the meaning given in s.
				  283.01(13),
				  Wis. Stats.
(42) "Pollution" has the meaning given in s.
				  281.01(10),
				  Wis. Stats.
(43) "Post-construction site" means a construction site
				  following the completion of land disturbing construction activity and final
				  site stabilization.
(44) "Pre-development condition" means the extent and
				  distribution of land cover types present before the initiation of land
				  disturbing construction activity, assuming that all land uses prior to
				  development activity are managed in an environmentally sound manner.
(45) "Preventive action limit" has the meaning given in s.
				  NR
				  140.05(17), Wis. Adm. Code.
(46) "Protective area" means an area of land that commences
				  at the top of the channel of lakes, streams, and rivers, or at the delineated
				  boundary of wetlands, and that is the greatest of the following widths, as
				  measured horizontally from the top of the channel or delineated wetland
				  boundary to the closest impervious surface.
(47) "Redevelopment" means areas where development is
				  replacing older development.
(48) "Responsible party" means the landowner or any other
				  entity performing services to meet the requirements of this ordinance through a
				  contract or other agreement.
(49) "Runoff" means storm water or precipitation including
				  rain, snow or ice melt or similar water that moves on the land surface via
				  sheet or channelized flow.
(50) "Separate storm sewer" means a conveyance or system of
				  conveyances including roads with drainage systems, streets, catch basins,
				  curbs, gutters, ditches, constructed channels, or storm drains that meets all
				  of the following criteria:
(a) Is designed or used for collecting water or conveying
				  runoff.
(b) Is not part of a combined sewer system.
(c) Is not part of a publicly owned wastewater treatment
				  works that provides secondary or more stringent treatment.
(d) Discharges directly or indirectly to waters of the
				  state.
(51) "Silviculture activity" means activities including tree
				  nursery operations, tree harvesting operations, reforestation, tree thinning,
				  prescribed burning, and pest and fire control. Clearing and grubbing of an area
				  of a construction site is not a "silviculture activity."
(52) "Site" means the entire area included in the legal
				  description of the land on which the land disturbing construction activity
				  occurred.
(53) "Stop work order" means an order issued by the
				  [administering authority] that requires that all construction activity on the
				  site be stopped.
(54) "Storm water management plan" means a comprehensive plan
				  designed to reduce the discharge of pollutants from storm water, after the site
				  has under gone final stabilization, following completion of the construction
				  activity.
(55) "Storm water management system plan" means a
				  comprehensive plan designed to reduce the discharge of runoff and pollutants
				  from hydrologic units on a regional or municipal scale.
(56) "Technical standard" means a document that specifies
				  design, predicted performance and operation and maintenance specifications for
				  a material, device, or method.
(57) "Top of the channel" means an edge, or point on the
				  landscape landward from the ordinary high-water mark of a surface water of the
				  state, where the slope of the land begins to be less than 12 percent
				  continually for at least 50 feet. If the slope of the land is 12 percent or
				  less continually for the initial 50 feet landward from the ordinary high-water
				  mark, the "top of the channel" is the ordinary high-water mark.
(58) "Total maximum daily load" or "TMDL" means the amount of
				  pollutants specified as a function of one or more water quality parameters,
				  that can be discharged per day into a water quality limited segment and still
				  ensure attainment of the applicable water quality standard.
(59) "TP-40" means Technical Paper No. 40, Rainfall Frequency
				  Atlas of the United States, published in 1961.
(60) "TR-55" means the United States Department of
				  Agriculture, Natural Resources Conservation Service (previously soil
				  conservation service), Urban Hydrology for Small Watersheds, Second Edition,
				  Technical Release 55, June 1986, that is incorporated by reference for this
				  chapter.
(61) "Transportation facility" means a highway, a railroad, a
				  public mass transit facility, a public-use airport, a public trail, or any
				  other public work for transportation purposes such as harbor improvements under
				  s.
				  85.095(1)
				  (b), Wis. Stats. "Transportation facility"
				  does not include building sites for the construction of public buildings and
				  buildings that are places of employment that are regulated by the Wisconsin
				  Department of Natural Resources pursuant to s.
				  281.33,
				  Wis. Stats.
(62) "TSS" means total suspended solids.
(63) "Type II distribution" means a rainfall type curve as
				  established in the "United States Department of Agriculture, Soil Conservation
				  Service, Technical Paper 149, published in 1973."
(64) "Waters of the state" includes those portions of Lake
				  Michigan and Lake Superior within the boundaries of this state, and all lakes,
				  bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes,
				  watercourses, drainage systems, and other surface water or groundwater, natural
				  or artificial, public or private, within this state or its jurisdiction.
(65) "Wis. Adm. Code" means the Wisconsin Administrative
				  Code, published under s.
				  35.93,
				  Wis. Stats.
(66) "Wis. Stats." means the Wisconsin Statutes published
				  under s.
				  35.18 of
				  the Wisconsin Statutes.
S. 055 APPLICABILITY OF MAXIMUM EXTENT
				  PRACTICABLE.
Maximum extent practicable applies when a person who is
				  subject to a performance standard of this ordinance demonstrates to the
				  [administering authority]'s satisfaction that a performance standard is not
				  achievable and that a lower level of performance is appropriate. In making the
				  assertion that a performance standard is not achievable and that a level of
				  performance different from the performance standard is the maximum extent
				  practicable, the responsible party shall take into account the best available
				  technology, cost effectiveness, geographic features, and other competing
				  interests such as protection of public safety and welfare, protection of
				  endangered and threatened resources, and preservation of historic
				  properties.
S. 06 TECHNICAL STANDARDS.
The following methods shall be used in designing the water
				  quality, peak discharge, and infiltration components of storm water practices
				  needed to meet the water quality standards of this ordinance:
(1) The use of the standards are consistent with the
				  technical standards identified, developed, or disseminated by the Wisconsin
				  Department of Natural Resources under subch. V of ch. NR 151, Wis. Adm.
				  Code.
(2) When technical standards have not been identified or
				  developed by the Wisconsin Department of Natural Resources, other technical
				  standards may be used provided that the methods have been approved by the
				  [administering authority].
Note to Users:
Pollutant loading models
				  such as DETPOND, WinSLAMM, P8, or equivalent methodology may be used to
				  evaluate the efficiency of the design in reducing total suspended solids. Use
				  the most
recent version of the model, rainfall files, and
				  other parameter files identified for Wisconsin users unless directed otherwise
				  by the regulatory authority.
S. 07 PERFORMANCE STANDARDS.
(1) RESPONSIBLE PARTY. The responsible party shall comply
				  with this section.
(2) STORM WATER MANAGEMENT PLAN. A written storm water
				  management plan in accordance with S. 09 shall be developed and implemented for
				  each post-construction site.
(3) MAINTENANCE OF EFFORT. For redevelopment sites where the
				  redevelopment will be replacing older development that was subject to
				  post-construction performance standards of ch. NR 151, Wis. Adm. Code, in
				  effect on or after October 1, 2004, the responsible party shall meet the total
				  suspended solids reduction, peak flow control, infiltration, and protective
				  areas standards applicable to the older development or meet the redevelopment
				  standards of this ordinance, whichever is more stringent.
(4) REQUIREMENTS. The storm water management plan required
				  under sub. (2) shall include all of the following:
(a)
TOTAL SUSPENDED SOLIDS.
BMPs shall be
				  designed, installed, and maintained to control total suspended solids carried
				  in runoff from the post-construction site as follows:
Note to Users:
Under s.
				  281.33(6)
				  (a) 2, Wis. Stats., the municipality may
				  enact and enforce provisions of an ordinance that are stricter than the TSS
				  performance standards in ch. NR 151, Wis. Adm. Code, if the stricter provisions
				  are necessary to comply with federally-approved total maximum daily load
				  requirements.
1. Best Management Practice Design. BMPs shall be designed in
				  accordance with Table 1. or to the maximum extent practicable as provided in
				  subd. 2. The design shall be based on an average annual rainfall, as compared
				  to no runoff management controls.
Table 1. TSS Reduction
								Standards
Development Type
TSS Reduction
New Development
80 percent
In-fill development
80 percent
Redevelopment
40 percent of load from parking areas and
								roads
2. Maximum Extent Practicable. If the design cannot meet a
				  total suspended solids reduction performance standard of Table 1., the storm
				  water management plan shall include a written, site-specific explanation of why
				  the total suspended solids reduction performance standard cannot be met and why
				  the total suspended solids load will be reduced only to the maximum extent
				  practicable.
Note to Users:
Pollutant loading models
				  such as DETPOND, WinSLAMM, P8 or equivalent methodology may be used to evaluate
				  the efficiency of the design in reducing total suspended solids. Use the most
				  recent version of the model, rainfall files, and other parameter files
				  identified for Wisconsin users unless directed otherwise by the regulatory
				  authority.
3. Off-Site Drainage. When designing BMPs, runoff draining to
				  the BMP from off-site shall be taken into account in determining the treatment
				  efficiency of the practice. Any impact on the efficiency shall be compensated
				  for by increasing the size of the BMP accordingly.
(b)
PEAK DISCHARGE.
Note to Users:
Under s.
				  281.33(6)
				  (a) 1, Wis. Stats., the municipality may
				  enact and enforce provisions of an ordinance that are stricter than the peak
				  discharge performance standards in ch. NR 151, Wis. Adm. Code, if the stricter
				  provisions are necessary to
http://docs.legis.wisconsin.gov/document/statutes/281.33(6)(a)1
.control storm water quantity or control flooding.
1. By design, BMPs shall be employed to maintain or reduce
				  the 1-year, 24-hour; the 2-year, 24-hour post-construction peak runoff
				  discharge rates to the 1-year, 24-hour; and the 2-year, 24-hour pre-development
				  peak runoff discharge rates respectively, or to the maximum extent practicable.
				  The runoff curve numbers in Table 2. shall be used to represent the actual
				  pre-develop-ment conditions. Peak discharges shall be calculated using TR-55
				  runoff curve number methodology, Atlas 14 precipitation depths, and the
				  appropriate NRCS Wisconsin MSE3 or MSE4 precipitation distribution. On a
				  case-by-case basis, the [administering authority] may allow the use of TP-40
				  precipitation depths and the Type II distribution.
Note to Users:
For determining
				  compliance with the peak flow requirement, the Wisconsin Department of Natural
				  Resources recommends use of the National Oceanic and Atmospheric Administration
				  (NOAA) Atlas 14 Precipitation Frequency Estimates for precipitation depth. The
				  Natural Resources Conservation Service (NRCS) - Wisconsin has calculated
				  county-specific Atlas 14 precipitation depths and they are to be used in
				  combination with the appropriate NRCS MSE3 or MSE4 precipitation distribution.
				  The NRCS calculated county-specific Atlas 14 precipitation depths and MSE3 and
				  MSE4 precipitation distributions are available at:
http://www.nrcs.usda.gov/wps/portal/nrcs/detail/wi/technical/
				  engineering/?cid=nrcs142p2_025417.
Table 2. Maximum Pre-Development Runoff Curve
								Numbers
Runoff Curve Number
Hydrologic Soil Group
A
B
C
D
Woodland
30
55
70
77
Grassland
39
61
71
78
Cropland
55
69
78
83
Note to Users:
When the pre-development
				  condition is a combination of woodland, grassland, or cropland, the runoff
				  curve number should be pro-rated by area.
2. This subsection of the ordinance does not apply to any of
				  the following:
a. A post-construction site where the discharge is directly
				  into a lake over 5,000 acres or a stream or river segment draining more than
				  500 square miles.
b. Except as provided under S. 07 (3), a redevelopment
				  post-construction site.
c. An in-fill development area less than 5 acres.
Note to Users:
The intent of the peak
				  discharge standard is to minimize stream bank erosion, under bank-full
				  conditions. For water quantity concerns, the post-development peak flow rate
				  for the 10-, 25-, 50-, and 100-year - 24-hour storm events should also be
				  controlled either at or below pre-development discharge rates. This has not
				  been addressed in this model ordinance but may need to be included in the local
				  ordinance to address local flood control issues.
(c)
INFILTRATION.
1. Best Management Practices. BMPs shall be designed,
				  installed, and maintained to infiltrate runoff in accordance with the following
				  or to the maximum extent practicable:
a.
Low imperviousness.
For development up to
				  40 percent connected imperviousness, such as parks, cemeteries, and low density
				  residential development, infiltrate sufficient runoff volume so that the
				  post-development infiltration volume shall be at least 90 percent of the
				  pre-development infiltration volume, based on an average annual rainfall.
				  However, when designing appropriate infiltration systems to meet this
				  requirement, no more than one percent of the post-construction site is required
				  as an effective infiltration area.
b.
Moderate imperviousness.
For development
				  with more than 40 percent and up to 80 percent connected imperviousness, such
				  as medium and high density residential, multi-family development, industrial
				  and institutional development, and office parks, infiltrate sufficient runoff
				  volume so that the post-development infiltration volume shall be at least 75
				  percent of the pre-development infiltration volume, based on an average annual
				  rainfall. However, when designing appropriate infiltration systems to meet this
				  requirement, no more than 2 percent of the post-construction site is required
				  as an effective infiltration area.
c.
High imperviousness.
For development with
				  more than 80 percent connected imperviousness, such as commercial strip malls,
				  shopping centers, and commercial downtowns, infiltrate sufficient runoff volume
				  so that the post-development infiltration volume shall be at least 60 percent
				  of the pre-development infiltration volume, based on an average annual
				  rainfall. However, when designing appropriate infiltration systems to meet this
				  requirement, no more than 2 percent of the post-construction site is required
				  as an effective infiltration area.
2. Pre-development. The pre-development condition shall be
				  the same as specified in Table 2 of the Peak Discharge section of this
				  ordinance.
3. Source Areas.
a.
Prohibitions.
Runoff from the following
				  areas may not be infiltrated and may not qualify as contributing to meeting the
				  requirements of this section unless demonstrated to meet the conditions
				  identified in S. 07 (4) (c) 6.:
i. Areas associated with a tier 1 industrial facility
				  identified in s.
				  NR 216.21(2)
				  (a), Wis. Adm. Code, including storage,
				  loading, and parking. Rooftops may be infiltrated with the concurrence of the
				  regulatory authority.
ii. Storage and loading areas of a tier 2 industrial facility
				  identified in s.
				  NR 216.21(2)
				  (b), Wis. Adm. Code.
Note to Users:
Runoff from the employee
				  and guest parking and rooftop areas of a tier 2 facility may be infiltrated but
				  runoff from the parking area may require pre-treatment.
iii. Fueling and vehicle maintenance areas. Runoff from
				  rooftops of fueling and vehicle maintenance areas may be infiltrated with the
				  concurrence of the regulatory authority.
b.
Exemptions.
Runoff from the following
				  areas may be credited toward meeting the requirement when infiltrated, but the
				  decision to infiltrate runoff from these source areas is optional:
i. Parking areas and access roads less than 5,000 square feet
				  for commercial development.
ii. Parking areas and access roads less than 5,000 square
				  feet for industrial development not subject to the Prohibitions under par
				  a.
iii. Except as provided under S. 07 (3), redevelopment
				  post-construction sites.
iv. In-fill development areas less than 5 acres.
v. Roads on commercial, industrial, and institutional land
				  uses; and arterial residential roads.
4. Location of Practices.
a.
Prohibitions.
Infiltration practices may
				  not be located in the following areas:
i. Areas within 1000 feet upgradient or within 100 feet
				  downgradient of direct conduits to groundwater.
ii. Areas within 400 feet of a community water system well as
				  specified in s.
				  NR
				  811.16(4), Wis. Adm. Code, or within
				  the separation distances listed in s.
				  NR
				  812.08, Wis. Adm. Code, for any private well or
				  non-community well for runoff infiltrated from commercial, including
				  multi-family residential, industrial and institutional land uses, or regional
				  devices for one- and two-family residential development.
iii. Areas where contaminants of concern, as defined in s.
				  NR
				  720.03(2), Wis. Adm. Code, are
				  present in the soil through which infiltration will occur.
b.
Separation distances.
i. Infiltration practices shall be located so that the
				  characteristics of the soil and the separation distance between the bottom of
				  the infiltration system and the elevation of seasonal high groundwater or the
				  top of bedrock are in accordance with Table 3:
Table 3. Separation Distances and Soil
								Characteristics
Source Area
Separation Distance
Soil Characteristics
Industrial, Commercial, Institutional Parking Lots
								and Roads
5 feet or more
Filtering Layer
Residential Arterial Roads
5 feet or more
Filtering Layer
Roofs Draining to Subsurface Infiltration
								Practices
1 foot or more
Native or Engineered Soil with Particles Finer than
								Coarse Sand
Roofs Draining to Surface Infiltration
								Practices
Not Applicable
Not Applicable
All Other Impervious Source Areas
3 feet or more
Filtering Layer
ii. Notwithstanding subd 4. b. ii, applicable requirements
				  for injection wells classified under ch. NR 815, Wis. Adm. Code, shall be
				  followed.
c.
Infiltration rate exemptions.
Infiltration practices located in the following areas may be credited toward
				  meeting the requirements under the following conditions, but the decision to
				  infiltrate under any of the following conditions is optional:
i. Where the infiltration rate of the soil measured at the
				  proposed bottom of the infiltration system is less than 0.6 inches per hour
				  using a scientifically credible field test method.
ii. Where the least permeable soil horizon to 5 feet below
				  the proposed bottom of the infiltration system using the U.S. Department of
				  Agriculture method of soils analysis is one of the following: sandy clay loam,
				  clay loam, silty clay loam, sandy clay, silty clay, or clay.
5. Alternate Use. Where alternate uses of runoff are
				  employed, such as for toilet flushing, laundry, or irrigation or storage on
				  green roofs where an equivalent portion of the runoff is captured permanently
				  by rooftop vegetation, such alternate use shall be given equal credit toward
				  the infiltration volume required by this section.
6. Groundwater Standards.
a. Infiltration systems designed in accordance with this
				  section shall, to the extent technically and economically feasible, minimize
				  the level of pollutants infiltrating to groundwater and shall maintain
				  compliance with the preventive action limit at a point of standards application
				  in accordance with ch. NR 140, Wis. Adm. Code. However, if site specific
				  information indicates that compliance with a preventive action limit is not
				  achievable, the infiltration BMP may not be installed or shall be modified to
				  prevent infiltration to the maximum extent practicable.
b. Notwithstanding subd. 6. a., the discharge from BMPs shall
				  remain below the enforcement standard at the point of standards
				  application.
7. Pretreatment. Before infiltrating runoff, pretreatment
				  shall be required for parking lot runoff and for runoff from new road
				  construction in commercial, industrial, and institutional areas that will enter
				  an infiltration system. The pretreatment shall be designed to protect the
				  infiltration system from clogging prior to scheduled maintenance and to protect
				  groundwater quality in accordance with subd. 6. Pretreatment options may
				  include, but are not limited to, oil and grease separation, sedimentation,
				  biofiltration, filtration, swales, or filter strips.
8. Maximum Extent Practicable. Where the conditions of subds.
				  3. and 4. limit or restrict the use of infiltration practices, the performance
				  standard of S. 07 (4) (c) shall be met to the maximum extent
				  practicable.
(d)
PROTECTIVE AREAS.
1. Definition. In this paragraph, "protective area" means an
				  area of land that commences at the top of the channel of lakes, streams, and
				  rivers, or at the delineated boundary of wetlands, and that is the greatest of
				  any of the following widths, as measured horizontally from the top of the
				  channel or delineated wetland boundary to the closest impervious surface.
				  However, in this section, "protective area" does not include any area of land
				  adjacent to any stream enclosed within a pipe or culvert, so that runoff cannot
				  enter the enclosure at this location.
a. For outstanding resource waters and exceptional resource
				  waters, 75 feet.
b. For perennial and intermittent streams identified on a
				  U.S. Geological Survey 7.5-minute series topographic map, or a county soil
				  survey map, whichever is more current, 50 feet.
c. For lakes, 50 feet.
d. For wetlands not subject to subd. 1. e. or f., 50
				  feet.
e. For highly susceptible wetlands, 75 feet. Highly
				  susceptible wetlands include the following types: calcareous fens, sedge
				  meadows, open and coniferous bogs, low prairies, coniferous swamps, lowland
				  hardwood swamps, and ephemeral ponds.
f. For less susceptible wetlands, 10 percent of the average
				  wetland width, but no less than 10 feet nor more than 30 feet. Less susceptible
				  wetlands include: degraded wetland dominated by invasive species such as reed
				  canary grass; cultivated hydric soils; and any gravel pits, or dredged material
				  or fill material disposal sites that take on the attributes of a
				  wetland.
g. In subd. 1 d. to f., determinations of the extent of the
				  protective area adjacent to wetlands shall be made on the basis of the
				  sensitivity and runoff susceptibility of the wetland in accordance with the
				  standards and criteria in s.
				  NR
				  103.03, Wis. Adm. Code.
h. Wetland boundary delineation shall be made in accordance
				  with s.
				  NR
				  103.08(1m), Wis. Adm. Code. This
				  subd. 1. h. does not apply to wetlands that have been completely filled in
				  compliance with all applicable state and federal regulations. The protective
				  area for wetlands that have been partially filled in compliance with all
				  applicable state and federal regulations shall be measured from the wetland
				  boundary delineation after a fill has been placed. Where there is a legally
				  authorized wetland fill, the protective area standard need not be met in that
				  location.
i. For concentrated flow channels with drainage areas greater
				  than 130 acres, 10 feet.
j. Notwithstanding subd. 1. a. to i., the greatest protective
				  area width shall apply where rivers, streams, lakes, and wetlands are
				  contiguous.
Note to Users:
A stream or lake is not
				  eligible for a lower protective area width even if contiguous to a less
				  susceptible wetland.
2. Applicability. This section applies to post-construction
				  sites located within a protective area, except those areas exempted pursuant to
				  subd. 4.
3. Requirements. All of the following requirements shall be
				  met:
a. Impervious surfaces shall be kept out of the protective
				  area entirely or to the maximum extent practicable. If there is no practical
				  alternative to locating an impervious surface in the protective area, the storm
				  water management plan shall contain a written, site-specific
				  explanation.
b. Where land disturbing construction activity occurs within
				  a protective area, adequate sod or self-sustaining vegetative cover of 70
				  percent or greater shall be established and maintained where no impervious
				  surface is present. The adequate sod or self-sustaining vegetative cover shall
				  be sufficient to provide for bank stability, maintenance of fish habitat, and
				  filtering of pollutants from upslope overland flow areas under sheet flow
				  conditions. Non-vegetative materials, such as rock riprap, may be employed on
				  the bank as necessary to prevent erosion such as on steep slopes or where high
				  velocity flows occur.
Note to Users:
It is recommended that
				  seeding of non-invasive vegetative cover be used in the protective areas. Some
				  invasive plants that should not be used are listed in ch. NR 40, Wis. Adm.
				  Code. Flood and drought-tolerant vegetation that can provide long-term bank
				  stability because of an extensive root system is preferable. Vegetative cover
				  may be measured using the line transect method described in the University of
				  Wisconsin extension publication number A3533, titled "Estimating Residue Using
				  the Line Transect Method."
c. BMPs such as filter strips, swales, or wet detention
				  ponds, that are designed to control pollutants from non-point sources, may be
				  located in the protective area.
Note to Users:
Other laws, such as ch.
				  30, Wis. Stats., and ch. NR 103, 115, 116, and 117, Wis. Adm. Code, and their
				  associated review and approval processes may apply in the protective
				  area.
4. Exemptions. This section does not apply to any of the
				  following:
a. Except as provided under S. 07 (3), redevelopment
				  post-construction sites.
b. In-fill development areas less than 5 acres.
c. Structures that cross or access surface water such as boat
				  landings, bridges, and culverts.
d. Structures constructed in accordance with s.
				  59.692(1v),
				  Wis. Stats.
e. Areas of post-construction sites from which the runoff
				  does not enter the surface water, including wetlands, without first being
				  treated by a BMP to meet the local ordinance requirements for total suspended
				  solids and peak flow reduction, except to the extent that vegetative ground
				  cover is necessary to maintain bank stability.
Note to Users:
A vegetated protective
				  area to filter runoff pollutants from post-construction sites described in par.
				  (e) is not necessary since the runoff at that location is treated prior to
				  entering the surface water. Other practices necessary to meet the requirements
				  of this section, such as a swale or pond, will need to be designed and
				  implemented to reduce runoff pollutants prior to runoff entering a surface
				  water of the state.
(e)
FUELING AND MAINTENANCE AREAS.
Fueling
				  and vehicle maintenance areas shall have BMPs designed, installed, and
				  maintained to reduce petroleum within runoff, so that the runoff that enters
				  waters of the state contains no visible petroleum sheen, or to the maximum
				  extent practicable.
Note to Users:
A combination of the
				  following BMPs may be used: oil and grease separators, canopies, petroleum
				  spill cleanup materials, or any other structural or non-structural method of
				  preventing or treating petroleum in runoff.
Note to Users:
The following paragraph,
				  "Swale Treatment for Transportation Facilities," is optional.
(f)
SWALE TREATMENT FOR TRANSPORTATION
				  FACILITIES.
1. Requirement. Except as provided in subd. 2.,
				  transportation facilities that use swales for runoff conveyance and pollutant
				  removal are exempt from the requirements of local ordinance requirements for
				  peak flow control, total suspended solids control, and infiltration, if the
				  swales are designed to do all of the following or to the maximum extent
				  practicable:
a. Swales shall be vegetated. However, where appropriate,
				  non-vegetative measures may be employed to prevent erosion or provide for
				  runoff treatment, such as rock riprap stabilization or check dams.
Note to Users:
It is preferred that tall
				  and dense vegetation be maintained within the swale due to its greater
				  effectiveness at enhancing runoff pollutant removal.
b. Swales shall comply with sections V.F. (Velocity and
				  Depth) and V.G. (Sale Geometry Criteria) with a swale treatment length as long
				  as that specified in section V.C. (Pre-Treatment) of the Wisconsin Department
				  of Natural Resources technical standard 1005 "Vegetated Swale," dated September
				  2016, or a superseding document. Transportation facility swale treatment does
				  not have to comply with other sections of technical standard 1005.
2. Other requirements.
a. Notwithstanding subd. 1., the [administering authority]
				  may, consistent with water quality standards, require that other requirements,
				  in addition to swale treatment, be met on a transportation facility with an
				  average daily traffic rate greater than 2,500 and where the initial surface
				  water of the state that the runoff directly enters is any of the
				  following:
i. An outstanding resource water.
ii. An exceptional resource water.
iii. Waters listed in section 303 (d) of the Federal Clean
				  Water Act that are identified as impaired in whole or in part, due to non-point
				  source impacts.
iv. Water where targeted performance standards are developed
				  pursuant to s.
				  NR
				  151.004, Wis. Adm. Code.
b. The transportation facility authority shall contact the
				  [administering authority] to determine if additional BMPs beyond a water
				  quality swale are needed under this paragraph.
(5) GENERAL CONSIDERATIONS FOR STORM WATER MANAGEMENT
				  MEASURES. All of the following considerations shall be observed in on-site and
				  off-site runoff management:
(a) Natural topography and land cover features such as
				  natural swales, natural depressions, native soil infiltrating capacity, and
				  natural groundwater recharge areas shall be preserved and used, to the extent
				  possible, to meet the requirements of this section.
(b) Emergency overland flow for all storm water facilities
				  shall be provided to prevent exceeding the safe capacity of downstream drainage
				  facilities and prevent endangerment of downstream property or public
				  safety.
(6) BMP LOCATION.
(a) To comply with the performance standards required under
				  S. 07 of this ordinance, BMPs may be located on-site or off-site as part of a
				  regional storm water device, practice or system, but shall be installed in
				  accordance with s.
				  NR
				  151.003, Wis. Adm. Code.
Note to Users:
This section does not
				  supersede any other applicable federal, state or local regulation such as ch.
				  NR 103, Wis. Adm. Code, and ch. 30, Wis. Stats.
(b) The [administering authority] may approve off-site
				  management measures provided that all of the following conditions are
				  met:
1. The [administrating authority] determines that the
				  post-construction runoff is covered by a storm water management system plan
				  that is approved by the [name of municipality] and that contains management
				  requirements consistent with the purpose and intent of this ordinance.
2. The off-site facility meets all of the following
				  conditions:
a. The facility is in place.
b. The facility is designed and adequately sized to provide a
				  level of storm water control equal to or greater than that which would be
				  afforded by on-site practices meeting the performance standards of this
				  ordinance.
c. The facility has a legally obligated entity responsible
				  for its long-term operation and maintenance.
(c) Where a regional treatment option exists such that the
				  [administering authority] exempts the applicant from all or part of the minimum
				  on-site storm water management requirements, the applicant shall be required to
				  pay a fee in an amount determined in negotiation with the [administering
				  authority]. In determining the fee for post-construction runoff, the
				  [administering authority] shall consider an equitable distribution of the cost
				  for land, engineering design, construction, and maintenance of the regional
				  treatment option.
(7) ADDITIONAL REQUIREMENTS. The [administering authority]
				  may establish storm water management requirements more stringent than those set
				  forth in this ordinance if the [administering authority] determines that the
				  requirements are needed to control storm water quantity or control flooding,
				  comply with federally approved total maximum daily load requirements, or
				  control pollutants associated with existing development or
				  redevelopment.
S. 08 PERMITTING REQUIREMENTS, PROCEDURES, AND
				  FEES.
(1) PERMIT REQUIRED. No responsible party may undertake a
				  land disturbing construction activity without receiving a post-construction
				  runoff permit from the [administering authority] prior to commencing the
				  proposed activity.
(2) PERMIT APPLICATION AND FEES. Unless specifically excluded
				  by this ordinance, any responsible party desiring a permit shall submit to the
				  [administering authority] a permit application on a form provided by the
				  [administering authority] for that purpose, subject to all of the
				  following:
(a) Unless otherwise excluded by this ordinance, a permit
				  application must be accompanied by a storm water management plan, a maintenance
				  agreement, and a non-refundable permit administration fee.
(b) The storm water management plan shall be prepared to meet
				  the requirements of S. 07 and S. 09, the maintenance agreement shall be
				  prepared to meet the requirements of S. 10, the financial guarantee shall meet
				  the requirements of S. 11, and fees shall be those established by the
				  [governing body] as set forth in S. 12.
(3) PERMIT APPLICATION REVIEW AND APPROVAL. The
				  [administering authority] shall review any permit application that is submitted
				  with a storm water management plan, maintenance agreement, and the required
				  fee. The following approval procedure shall be used:
(a) Within [number] business days of the receipt of a
				  complete permit application, including all items as required by sub. (2), the
				  [administering authority] shall inform the applicant whether the application,
				  storm water management plan, and maintenance agreement are approved or
				  disapproved based on the requirements of this ordinance.
(b) If the storm water permit application, storm water
				  management plan, and maintenance agreement are approved, or if an agreed upon
				  payment of fees in lieu of storm water management practices is made, the
				  [administering authority] shall issue the permit.
(c) If the storm water permit application, storm water
				  management plan, or maintenance agreement is disapproved, the [administering
				  authority] shall detail in writing the reasons for disapproval.
(d) The [administering authority] may request additional
				  information from the applicant. If additional information is submitted, the
				  [administering authority] shall have [number] business days from the date the
				  additional information is received to inform the applicant that the storm water
				  management plan and maintenance agreement are either approved or
				  disapproved.
(e) Failure by the [administering authority] to inform the
				  permit applicant of a decision within [number] business days of a required
				  submittal shall be deemed to mean approval of the submittal and the applicant
				  may proceed as if a permit had been issued.
(4) PERMIT REQUIREMENTS. All permits issued under this
				  ordinance shall be subject to all of the following conditions, and holders of
				  permits issued under this ordinance shall be deemed to have accepted these
				  conditions. The [administering authority] may suspend or revoke a permit for
				  violation of a permit condition, following written notification of the
				  responsible party. An action by the [administering authority] to suspend or
				  revoke a permit may be appealed in accordance with S. 14.
(a) Compliance with a permit does not relieve the responsible
				  party of the responsibility to comply with other applicable federal, state, and
				  local laws and regulations.
(b) The responsible party shall design and install all
				  structural and non-structural storm water management measures in accordance
				  with the approved storm water management plan and permit.
(c) The responsible party shall notify the [administering
				  authority] at least [number] business days before commencing any work in
				  conjunction with the storm water management plan, and within [number] business
				  days upon completion of the storm water management practices. If required as a
				  special condition under sub. (5), the responsible party shall make additional
				  notification according to a schedule set forth by the [administering authority]
				  so that practice installations can be inspected during construction.
(d) Practice installations required as part of this ordinance
				  shall be certified "as built" or "record" drawings by a licensed professional
				  engineer. Completed storm water management practices must pass a final
				  inspection by the [administering authority] or its designee to determine if
				  they are in accordance with the approved storm water management plan and
				  ordinance. The [administering authority] or its designee shall notify the
				  responsible party in writing of any changes required in such practices to bring
				  them into compliance with the conditions of a permit.
(e) The responsible party shall notify the [administering
				  authority] of any significant modifications it intends to make to an approved
				  storm water management plan. The [administering authority] may require that the
				  proposed modifications be submitted to it for approval prior to incorporation
				  into the storm water management plan and execution by the responsible
				  party.
(f) The responsible party shall maintain all storm water
				  management practices in accordance with the storm water management plan until
				  the practices either become the responsibility of the [governing body], or are
				  transferred to subsequent private owners as specified in the approved
				  maintenance agreement.
(g) The responsible party authorizes the [administering
				  authority] to perform any work or operations necessary to bring storm water
				  management measures into conformance with the approved storm water management
				  plan, and consents to a special assessment or charge against the property as
				  authorized under subch. VII of ch. 66, Wis. Stats., or to charging such costs
				  against the financial guarantee posted under S. 11.
(h) If so directed by the [administering authority], the
				  responsible party shall repair at the responsible party's own expense all
				  damage to adjoining municipal facilities and drainage ways caused by runoff if
				  such damage is caused by activities that are not in compliance with the
				  approved storm water management plan.
(i) The responsible party shall permit property access to the
				  [administering authority] or its designee for the purpose of inspecting the
				  property for compliance with the approved storm water management plan and
				  permit.
(j) Where site development or redevelopment involves changes
				  in direction, increases in peak rate and/or total volume of runoff from a site,
				  the [administering authority] may require the responsible party to make
				  appropriate legal arrangements with affected property owners concerning the
				  prevention of endangerment to property or public safety.
(k) The responsible party is subject to the enforcement
				  actions and penalties detailed in S. 13, if the responsible party fails to
				  comply with the terms of the permit.
(5) PERMIT CONDITIONS. Permits issued under this subsection
				  may include conditions established by [administering authority] in addition to
				  the requirements needed to meet the performance standards in S. 07 or a
				  financial guarantee as provided for in S. 11.
(6) PERMIT DURATION. Permits issued under this section shall
				  be valid from the date of issuance through the date the [administering
				  authority] notifies the responsible party that all storm water management
				  practices have passed the final inspection required under sub. (4) (d).
S. 09 STORM WATER MANAGEMENT PLAN.
(1) STORM WATER MANAGEMENT PLAN REQUIREMENTS. The storm water
				  management plan required under S. 07 (2) shall contain, at a minimum, all of
				  the following information:
(a) Name, address, and telephone number for all of the
				  following, or their designees:
1. Landowner.
2. Developer.
3. Project engineer for practice design and
				  certification.
4. Persons responsible for installation of storm water
				  management practices.
5. Persons responsible for maintenance of storm water
				  management practices prior to the transfer, if any, of maintenance
				  responsibility to another party.
(b) A proper legal description of the property proposed to be
				  developed, referenced to the U.S. Public Land Survey system or to block and lot
				  numbers within a recorded land subdivision plat.
(c) Pre-development site conditions, including all of the
				  following:
1. One or more site maps at a scale of not less than 1 inch
				  equals [number] feet. The site maps shall show all of the following:
a. Site location and legal property description.
b. Predominant soil types and hydrologic soil groups.
c. Existing cover type and condition.
d. Topographic contours of the site at a scale not to exceed
				  [number] feet.
e. Topography and drainage network including enough of the
				  contiguous properties to show runoff patterns onto, through, and from the
				  site.
f. Watercourses that may affect or be affected by runoff from
				  the site.
g. Flow path and direction for all storm water conveyance
				  sections.
h. Watershed boundaries used in hydrology determinations to
				  show compliance with performance standards.
i. Lakes, streams, wetlands, channels, ditches, and other
				  water- courses on and immediately adjacent to the site.
j. Limits of the 100 year floodplain.
k. Location of wells and wellhead protection areas covering
				  the project area and delineated pursuant to s.
				  NR
				  811.16, Wis. Adm. Code.
2. Hydrology and pollutant loading computations as needed to
				  show compliance with performance standards. All major assumptions used in
				  developing input parameters shall be clearly stated. The geographic areas used
				  in making the calculations shall be clearly cross-referenced to the required
				  maps.
(d) Post-development site conditions, including all of the
				  following:
1. Explanation of the provisions to preserve and use natural
				  topography and land cover features to minimize changes in peak flow runoff
				  rates and volumes to surface waters and wetlands.
2. Explanation of any restrictions on storm water management
				  measures in the development area imposed by wellhead protection plans and
				  ordinances.
3. One or more site maps at a scale of not less than 1 inch
				  equals [number] feet showing all of the following:
a. Post-construction pervious areas including vegetative
				  cover type and condition.
b. Impervious surfaces including all buildings, structures,
				  and pavement.
c. Post-construction topographic contours of the site at a
				  scale not to exceed [number] feet.
d. Post-construction drainage network including enough of the
				  contiguous properties to show runoff patterns onto, through, and from the
				  site.
e. Locations and dimensions of drainage easements.
f. Locations of maintenance easements specified in the
				  maintenance agreement.
g. Flow path and direction for all storm water conveyance
				  sections.
h. Location and type of all storm water management conveyance
				  and treatment practices, including the on-site and off-site tributary drainage
				  area.
i. 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.
j. Watershed boundaries used in hydrology and pollutant
				  loading calculations and any changes to lakes, streams, wetlands, channels,
				  ditches, and other watercourses on and immediately adjacent to the site.
4. Hydrology and pollutant loading computations as needed to
				  show compliance with performance standards. The computations shall be made for
				  each discharge point in the development, and the geographic areas used in
				  making the calculations shall be clearly cross-referenced to the required
				  maps.
5. Results of investigations of soils and groundwater
				  required for the placement and design of storm water management measures.
				  Detailed drawings including cross-sections and profiles of all permanent storm
				  water conveyance and treatment practices.
(e) A description and installation schedule for the storm
				  water management practices needed to meet the performance standards in S.
				  07.
(f) A maintenance plan developed for the life of each storm
				  water management practice including the required maintenance activities and
				  maintenance activity schedule.
(g) Cost estimates for the construction, operation, and
				  maintenance of each storm water management practice.
(h) Other information requested in writing by the
				  [administering authority] to determine compli-
ance of the proposed storm water management measures with the
				  provisions of this ordinance.
(i) All site investigations, plans, designs, computations,
				  and drawings shall be certified by a [licensed professional engineer] to be
				  prepared in accordance with accepted engineering practice and requirements of
				  this ordinance.
(2) ALTERNATE REQUIREMENTS. The [administering authority] may
				  prescribe alternative submittal requirements for applicants seeking an
				  exemption to on-site storm water management performance standards under S. 07
				  (5).
S. 10 MAINTENANCE AGREEMENT.
(1) MAINTENANCE AGREEMENT REQUIRED. The maintenance agreement
				  required under S. 08 (2) for storm water management practices shall be an
				  agreement between the [administering authority] and the responsible party to
				  provide for maintenance of storm water practices beyond the duration period of
				  a permit. The maintenance agreement shall be recorded in the office of the
				  register of deeds for the county where the affected property is located as a
				  property deed restriction so that it is binding upon all subsequent owners of
				  the land served by the storm water management practices.
(2) AGREEMENT PROVISIONS. The maintenance agreement shall
				  contain the following information and provisions and be consistent with the
				  maintenance plan required by S. 09 (1) (f):
(a) Identification of the storm water facilities and
				  designation of the drainage area served by the facilities.
(b) A schedule for regular maintenance of each aspect of the
				  storm water management system consistent with the storm water management plan
				  required under S. 08 (2).
(c) Identification of the responsible party, organization or
				  city, county, town, or village responsible for long term maintenance of the
				  storm water management practices identified in the storm water management plan
				  required under S. 08 (2).
(d) Requirement that the responsible party, organization, or
				  city, county, town, or village shall maintain storm water management practices
				  in accordance with the schedule included in par. (b).
(e) Authorization for the [administering authority] to access
				  the property to conduct inspections of storm water management practices as
				  necessary to ascertain that the practices are being maintained and operated in
				  accordance with the agreement.
(f) A requirement on the [administering authority] to
				  maintain public records of the results of the site inspections, to inform the
				  responsible party responsible for maintenance of the inspection results, and to
				  specifically indicate any corrective actions required to bring the storm water
				  management practice into proper working condition.
(g) Agreement that the party designated under par. (c), as
				  responsible for long term maintenance of the storm water management practices,
				  shall be notified by the [administering authority] of maintenance problems that
				  require correction. The specified corrective actions shall be undertaken within
				  a reasonable time frame as set by the [administering authority].
(h) Authorization of the [administering authority] to perform
				  the corrected actions identified in the inspection report if the responsible
				  party designated under par. (c) does not make the required corrections in the
				  specified time period. The [administering authority] shall enter the amount due
				  on the tax rolls and collect the money as a special charge against the property
				  pursuant to subch. VII of ch. 66, Wis. Stats.
S. 11 FINANCIAL GUARANTEE.
(1) ESTABLISHMENT OF THE GUARANTEE. The [administering
				  authority] may require the submittal of a financial guarantee, the form and
				  type of which shall be acceptable to the [administering authority]. The
				  financial guarantee shall be in an amount determined by the [administering
				  authority] to be the estimated cost of construction and the estimated cost of
				  maintenance of the storm water management practices during the period that the
				  designated party in the maintenance agreement has maintenance responsibility.
				  The financial guarantee shall give the [administering authority] the
				  authorization to use the funds to complete the storm water management practices
				  if the responsible party defaults or does not properly implement the approved
				  storm water management plan, upon written notice to the responsible party by
				  the [administering authority] that the requirements of this ordinance have not
				  been met.
(2) CONDITIONS FOR RELEASE. Conditions for the release of the
				  financial guarantee are all of the following:
(a) The [administering authority] shall release the portion
				  of the financial guarantee established under this section, less any costs
				  incurred by the [administering authority] to complete installation of
				  practices, upon submission of "as built plans" or "record" drawings by a
				  licensed professional engineer. The [administering authority] may make
				  provisions for a partial pro-rata release of the financial guarantee based on
				  the completion of various development stages.
(b) The [administering authority] shall release the portion
				  of the financial guarantee established under this section to assure maintenance
				  of storm water practices, less any costs incurred by the [administering
				  authority], at such time that the responsibility for practice maintenance is
				  passed on to another entity via an approved maintenance agreement.
S. 12 FEE SCHEDULE.
The fees referred to in other sections of this ordinance
				  shall be established by the [administering authority] and may from time to time
				  be modified by resolution. A schedule of the fees established by the
				  [administering authority] shall be available for review in [location].
S. 13 ENFORCEMENT.
(1) Any land disturbing construction activity or
				  post-construction runoff 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 the requirements of this ordinance.
(2) The [administering authority] shall notify the
				  responsible party by certified mail of any non-complying land disturbing
				  construction activity or post-construction runoff. The notice shall describe
				  the nature of the violation, remedial actions needed, a schedule for remedial
				  action, and additional enforcement action that may be taken.
(3) Upon receipt of written notification from the
				  [administering authority] under sub. (2), the responsible party shall correct
				  work that does not comply with the storm water management plan or other
				  provisions of the permit. The responsible party shall make corrections as
				  necessary to meet the specifications and schedule set forth by the
				  [administering authority] in the notice.
(4) If the violations to a permit issued pursuant to this
				  ordinance are likely to result in damage to properties, public facilities, or
				  waters of the state, the [administering authority] may enter the land and take
				  emergency actions necessary to prevent such damage. The costs incurred by the
				  [administering authority] plus interest and legal costs shall be billed to the
				  responsible party.
(5) The [administering authority] is authorized to post a
				  stop work order on all land disturbing construction activity that is in
				  violation of this ordinance, or to request the [municipal attorney, corporation
				  counsel] to obtain a cease and desist order in any court with
				  jurisdiction.
(6) The [administering authority] may revoke a permit issued
				  under this ordinance for non-compliance with ordinance provisions.
(7) Any permit revocation, stop work order, or cease and
				  desist order shall remain in effect unless retracted by the [administering
				  authority] or by a court with jurisdiction.
(8) The [administering authority] is authorized to refer any
				  violation of this ordinance, or a stop work order or cease and desist order
				  issued pursuant to this ordinance, to the [municipal attorney, corporation
				  counsel] for the commencement of further legal proceedings in any court with
				  jurisdiction.
(9) 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 [number] dollars or more than [number] dollars per
				  offense, together with the costs of prosecution. Each day that the violation
				  exists shall constitute a separate offense.
(10) Compliance with the provisions of this ordinance may
				  also be enforced by injunction in any court with jurisdiction. It shall not be
				  necessary to prosecute for forfeiture or a cease and desist order before
				  resorting to injunctional proceedings.
Note to Users:
Injunctional orders are
				  authorized pursuant to s.
				  59.69(11),
				  61.35, or
				  62.23(8),
				  Wis. Stats., for counties, villages, towns with village powers, and cities
				  respectively.
(11) When the [administering authority] determines that the
				  holder of a permit issued pursuant to this ordinance has failed to follow
				  practices set forth in the storm water management plan, or has failed to comply
				  with schedules set forth in said storm water management plan, the
				  [administering authority] or a party designated by the [administering
				  authority] 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 storm water management plan. The [administering
				  authority] shall keep a detailed accounting of the costs and expenses of
				  performing this work. These costs and expenses shall be deducted from any
				  financial security posted pursuant to S. 11 of this ordinance. When such a
				  security has not been established, or when such a security is insufficient to
				  cover these costs, the costs and expenses shall be entered on the tax roll as a
				  special charge against the property and collected with any other taxes levied
				  thereon for the year in which the work is completed.
S. 14 APPEALS.
(1) BOARD OF [APPEALS or ADJUSTMENT]. The board of [appeals
				  or adjustment], created pursuant to section [number] of the [name of
				  municipality] ordinances pursuant to s. [59.694,
				  60.65,
				  61.354(4)
				  (b), or
				  62.23(7)
				  (e)], Wis. Stats., shall hear and decide
				  appeals when it is alleged that there is error in any order, decision or
				  determination made by the [administering authority] 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 that are not
				  contrary to the public interest, and when owing to special conditions a literal
				  enforcement of the ordinance will result in unnecessary hardship.
(2) WHO MAY APPEAL. Appeals to the board of [appeals or
				  adjustments] may be taken by any aggrieved person or by an officer, department,
				  board, or bureau of the [name of municipality] affected by any decision of the
				  [administering authority].
S. 15 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.
S. 16 EFFECTIVE DATE.
This ordinance shall be in force and effect from and after
				  its adoption and publication. The above and foregoing ordinance was duly
				  adopted by the [governing body] of the [name of municipality] on the [number]
				  day of [month], [year].
Approved: ______________
Attested: ________________
Published on [day, month, year].