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 watercourses 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 compliance 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:
