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.
(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.
