Appendix B
MODEL POST-CONSTRUCTION STORM WATER MANAGEMENT ORDINANCE
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.
TABLE OF CONTENTS
Foreword
S. 01 Authority
S. 02 Findings of Fact
S. 03 Purpose and Intent
(1) Purpose
(2) Intent
S. 04 Applicability and Jurisdiction
(1) Applicability
(2) Jurisdiction
(3) Exclusions
S. 045 Subdivision and Numbering of This Ordinance; Word Usage
S. 05 Definitions
S. 055 Applicability of Maximum Extent Practicable
S. 06 Technical Standards
S. 07 Performance Standards
(1) Responsible Party
(2) Storm Water Management Plan
(3) Maintenance of Effort
(4) Requirements
(a) Total Suspended Solids
(b) Peak Discharge
(c) Infiltration
(d) Protective Areas
(e) Fueling and Maintenance Areas
(f)* Swale Treatment for Transportation Facilities
(5) General Consideration for Storm Water Management Measures
(6) BMP Location
(7) Additional Requirements
S. 08 Permitting Requirements, Procedures, and Fees
(1) Permit Required
(2) Permit Application and Fees
(3) Permit Application Review and Approval
(4) Permit Requirements
(5) Permit Conditions
(6) Permit Duration
S. 09 Storm Water Management Plan
(1) Storm Water Management Plan Requirements
(2) Alternate Requirements
S. 10 Maintenance Agreement
(1) Maintenance Agreement Required
(2) Agreement Provisions
S. 11 Financial Guarantee
(1) Establishment of the Guarantee
(2) Conditions for Release
S. 12 Fee Schedule
S. 13 Enforcement
S. 14 Appeals
(1) Board of Appeals or Adjustment
(2) Who May Appeal
S. 15 Severability
S. 16 Effective Date
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.
