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Ashland City Zoning Code

PART 8

Environmental Protection

8.1 General Protection Of Natural Features

  1. General Provisions. All developments shall, to the maximum extent practical, be located so as to preserve the natural features of a site, to avoid areas of environmental sensitivity, to minimize the creation of impervious surface area, and to minimize negative impacts on the alteration of the natural environment.
  2. Restricted Areas. The following natural features when present within a parcel constitute unbuildable areas. No development, grading or filling, alteration of the natural character of the land, or construction of buildings, structures or parking shall occur in the following areas, except as otherwise provided in this Ordinance:
    1. Floodways. Floodways, as defined by this Ordinance.
    2. Navigable waters. Navigable waters, as defined by this ordinance.
    3. Wetlands. Wetlands, as defined by this Ordinance.
    4. Steep slopes.
      1. Slopes of twenty (20) percent or greater. Slopes greater than twenty (20) percent may be used for construction if engineering solutions by a professional engineer and the Building Inspector or Designated Authorized Agent are employed.
      2. Slopes between twelve (12) and twenty (20) percent. To the maximum extent practical, development on slopes between twelve (12) and twenty (20) percent shall be avoided. Where this unpractical, development shall comply with the following:
        1. The foundation and underlying material of any structure shall be adequate for the slope condition and soil type.
        2. The proposed development will not result in soil erosion, flooding, severe scarring, reduced water quality, inadequate drainage control, or other problems.
        3. The proposed development will not cause erosion or slope instability to neighboring property or cause structural damage to neighboring structures.
        4. The proposed development will preserve significant natural features by minimizing disturbance to existing topographical forms.
        5. The applicable approval authority may require that the property be rezoned and developed as a planned unit development, conservation subdivision, or traditional neighborhood design to use flexible development standards to preserve steep slopes.
  3. Preservation Areas. The following areas shall be preserved as undeveloped open space to the extent consistent with reasonable use of land and in accordance with all applicable federal, state and local regulations:
    1. Significant vegetated areas. Significant tree or plant communities, including remnant stands of native trees or plant communities that are rare or of particular landscape significance, including those with species identified on State or Federal listings.
    2. Significant wildlife habitat. Habitats of threatened or endangered wildlife as identified on federal or state listings, including, but not limited to, the federal Endangered Species Act and the Natural Heritage Inventory.
  4. Areas of Significant Concern. The following areas shall be protected to the extent consistent with reasonable use of land and in accordance with all applicable federal, state and local regulations, and pursuant to those applicable sections within this ordinance.
    1. Protective areas. Protective areas, as defined by this Ordinance, shall include the area around water bodies as follows:
      1. Outstanding resource waters and exceptional waters as defined by this Ordinance, and for wetlands in special natural resource interest as specified in Chapter NR 103.04 of the Wisconsin Administrative Code, shall have a seventy-five (75) foot protective area.
      2. Perennial and intermittent streams identified on a United States Geological Survey 7.5 minute series topographic map, or a county soil survey map, whichever is more current, shall have a fifty (50) foot protective area.
      3. Lakes shall have a fifty (50) foot protective area.
      4. Highly susceptible wetlands, as defined by this Ordinance, shall have a protective area of fifty (50) feet. Wetland boundary delineations shall be made in accordance with Chapter NR 103.08 (1m) of the Wisconsin Administrative Code. The protective area does not apply to wetlands that have been completely filled in accordance with applicable state and federal regulations. The protective area for wetlands that have been partially filled in accordance with all applicable state and federal regulations shall be measured from the wetland boundary delineation after fill has been placed.
      5. Less susceptible wetlands, as defined by this Ordinance, shall have a protective area of the average wetland width, but no less than ten (10) feet nor more than thirty (30) feet.
      6. The determination of the extent of the protective area adjacent to wetlands shall be made on the basis of sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in Chapter NR 103.03 of the Wisconsin Administrative Code.
      7. Concentrated flow channels with drainage areas greater than one hundred thirty (130) acres shall have a protective area of ten (10) feet.
    2. Shoreland/Wetland areas. Encompasses all land within the boundaries of shoreland and wetland areas, as defined by this ordinance. Refer to Section 4.46 W-O Waterfront Overlay, Section 4.49 BCC-O Bay City Creek Overlay and Section 4.51 WET-O Wetland Overlay for additional regulations.
    3. Floodplain areas. Encompasses all land within the boundaries of the floodplain, as defined by this ordinance. Refer to Section 4.50 F-O Floodplain Overlay for additional regulations.
  5. Mitigation. Where preservation is not consistent with the reasonable use of land, the applicable approval authority may require mitigation through replacement of the resource or similar resource on the site, restoration of the former natural amenities to the site, or other reasonable measures to protect or enhance the natural features of the land.

8.2 Construction Site Erosion Control

  1. General Provisions.
    1. Findings of fact. The Common Council finds that runoff from land disturbing construction activity carries a significant amount of sediment and other pollutants to Lake Superior, Bay City Creek, and other waters of the City of Ashland and the State of Wisconsin.
    2. Intent. It is the intent of this Section to accomplish the following:
      1. Further the maintenance of safe and healthful conditions;
      2. Prevent and control water pollution;
      3. Protect spawning grounds, fish and aquatic life;
      4. Control building sites, placement of structures and land uses;
      5. Preserve ground cover and scenic beauty; and
      6. Promote sound economic growth by minimizing the amount of sediment and other pollutants carried by runoff or discharged from land disturbing construction activities to the waters in and around the City of Ashland.
    3. Authority.
      1. This Section is adopted under the authority granted by Section 62.234 of the Wisconsin Statutes and supersedes any previous ordinances relating to construction site erosion control that may have been adopted under Except as otherwise specified, Section 62.234 of the Wisconsin Statutes and Section 62.23 of the Wisconsin Statutes applies to this Section and to any amendment of this Ordinance.
      2. The provisions of this Section are deemed not to limit any other lawful regulatory powers of the City of Ashland.
      3. The Common Council hereby designates the Public Works Director or Designated Authorized Agent to administer and enforce the provisions of this Section.
      4. The requirements of this Section do not pre-empt more stringent erosion and sediment control requirements that may be imposed by any of the following:
        1. Wisconsin Department of Natural Resources administrative rules, permits, or approvals including those authorized under Section 281.16 of the Wisconsin Statutes and or other applicable laws.
        2. Targeted non-agricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources in Chapter NR 151.004 of the Wisconsin Administrative Code.
    4. Applicability.
      1. When this Section applies. This Section applies to the following land disturbing activities:
        1. Construction activity that disturbs ten thousand (10,000) square feet to one (1) acre of land; or
        2. Any development activity that disturbs ten-thousand (10,000) square feet or more on a single parcel within five (5) years or less; or
        3. Any construction site of any size that, in the opinion of the Public Works Director or Designated Authorized Agent, is likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter, or that endangers property or public safety.
      2. When this Section does not apply. This Section does not apply to the following land disturbing activities:
        1. Land disturbing construction activity that includes the construction of a building and is otherwise regulated by the Wisconsin Department of Safety and Professional Services under Chapter SPS 321.125 of the Wisconsin Administrative Code, or The Department of Natural Resources Chapter NR 216 of the Wisconsin Administrative Code;
        2. A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under Chapter 40, Code of Federal Regulations, Part 122, for land disturbing construction activity;
        3. Nonpoint discharges from agricultural facilities and practices;
        4. Nonpoint discharges from silviculture activities;
        5. Routine maintenance for project sites under five (5) acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility; or
        6. Activities constructed by a state agency, as defined under Section 227.01(1) of the Wisconsin Statutes, but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under Section 281.33(2) of the Wisconsin Statutes.
  2. Technical Standards.
    1. Design criteria, standards, and specifications. All best management practices required to comply with this Section shall meet the design criteria, standards, and specifications based on any of the following:
      1. Technical Standard identified and approved by the Wisconsin Department of Natural Resources in accordance with Chapter NR 151 of the Wisconsin Administrative Code.
      2. Other design guidance and technical standards identified and approved by the City of Ashland.
      3. For this Ordinance, average annual basis is calculated using the appropriate annual rainfall or runoff factor, also referred to as the R factor, or an equivalent design storm using a type II distribution, with consideration given to the geographic location of the site and the period of disturbance.
    2. Other standards. Other technical standards not identified or developed in Paragraph 1. above may be used provided that the methods have been approved by the Public Works Director or other Authorized Agent.
  3. Performance Standards.
    1. Responsible party. The property owner or the owner’s agent shall implement an erosion and sediment control plan, developed in accordance with that required by the Wisconsin Department of Natural Resources.
    2. Plan. A written plan shall follow the requirements set forth in Chapter NR 216.46 of the Wisconsin Administrative Code, and be implemented for each construction site.
    3. Location. The best management practices used to comply with this Subsection shall be located prior to runoff entering the waters of the state.
    4. Alternate requirements. The Public Works Director or other Authorized Agent may establish storm water management requirements more stringent than those set forth in this Section if the Public Works Director or Designated Authorized Agent determines that an added level of protection is needed for sensitive resources.
  4. Erosion and Sediment Control Plan and Permitting Requirements.
    1. Permit required. No person shall commence a land disturbing construction activity subject to this Ordinance without receiving prior approval of an erosion and sediment control plan pursuant to Section 3.40: Erosion and Sediment Control Plan and all other necessary approvals and permits.
    2. Erosion and sediment control plan. The property owner or the owner’s agent shall prepare an erosion and sediment control plan that meets the performance standards of this Section, and addresses pollution caused by soil erosion and sedimentation during construction and up to final stabilization of the site. The erosion and sediment control plan shall include, at a minimum, the following:
      1. The name(s) and address(es) of the owner or owner’s agent, developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant’s principal contact at such firm. The plan shall also include start and end dates for construction;
      2. A description of the site and the nature of the construction activity, including representation of the limits of land disturbance on a United States Geological Service 7.5 minute series topographic or comparable map;
      3. A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation;
      4. Estimates of the total area of the site and the total area of the site expected to be disturbed by construction activities;
      5. Estimates, including calculations, if any, of the runoff coefficient of the site before and after construction activities are completed;
      6. Calculations to show the expected percent reduction in the average annual sediment load carried in runoff as compared to no sediment or erosion controls;
      7. Existing data describing the surface soil as well as subsoil;
      8. Depth to groundwater, as indicated by Natural Resources Conservation Service soil information where available, or other reliable sources;
      9. Name of the immediate named receiving water from the United States Geological Service 7.5 minute series topographic or comparable map;
      10. A site map, at a scale not greater than one hundred (100) feet per inch and at contour intervals not to exceed five (5) feet, that includes the following:
        1. Existing topography, vegetative cover, natural and engineered drainage systems, roads, and surface waters. Lakes, streams, wetlands (as defined by delineation), channels, ditches, and other watercourses on and immediately adjacent to the site shall be shown. Any identified one hundred (100) year floodplains, floodfringe and floodways shall be shown;
        2. Boundaries of the construction site;
        3. Drainage patterns and approximate slopes anticipated after major grading activities;
        4. Areas of soil disturbance;
        5. Location of the major structural and non-structural controls identified in the plan;
        6. Location of areas where stabilization practices will be employed;
        7. Areas that will be vegetated following construction;
        8. Extent of wetland acreage on the site (as defined by delineation) and locations where storm water is discharged to a surface water or wetland;
        9. Locations of all surface waters and wetlands within one (1) mile of the construction site; and
        10. An alphanumeric or equivalent grid overlying the entire construction site map.
      11. A copy of any reports or data obtained through wetland delineation on the site, and if applicable, a written statement by a wetland professional or WI DNR staff stating that wetlands do not exist on the property.
      12. A description of appropriate controls and measures that will be performed at the site to prevent pollutants from reaching waters of the state. The plan shall clearly describe the appropriate control measure for each major activity and the timing during the construction process that will be implemented. The description of the erosion control shall include, when appropriate, the following minimum requirements:
        1. A description of interim and permanent stabilization practices, including a practice implementation schedule. Site plans shall ensure that existing vegetation is preserved where attainable and that disturbed portions of the site are stabilized. Vegetative cover used for stabilization shall comply with those requirements pursuant to Section 8.4 Invasive Species Management and City of Ashland Ordinance 750: Property Maintenance;
        2. A description of structural practices to divert flow away from exposed soils, to store flows, or otherwise limit runoff and the discharge of pollutants from the site. Unless otherwise specifically approved in writing by the Public Works Director or other Authorized Agent, structural measures shall be installed on upland soils;
        3. Management of overland flows at all sites, unless otherwise controlled by outfall controls;
        4. Trapping of sediment in channelized flows;
        5. Staging construction to limit bare areas subject to erosion;
        6. Protection of down slope drainage inlets where they occur;
        7. Minimization of tracking at all sites;
        8. Clean-up of all off-site sediment deposits;
        9. Proper disposal of building and waste materials at all sites;
        10. Stabilization of drainage ways;
        11. Control of soil erosion form dirt stockpiles;
        12. Installation of permanent stabilization practices as soon as practical after the final grading; and
        13. Minimization of dust to the maximum extent practical.
      13. The plan shall require that velocity dissipation devices be placed at discharge locations and along the length of any outfall channel, as necessary, to provide a non-erosive flow from the structure to a water course so that the natural, physical, and biological characteristics and functions are maintained and protected.
    3. Erosion and sediment control plan statement. An erosion and sediment control plan statement shall be prepared for each construction site that the Public Works Director or Designated Authorized Agent has determined is likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, will likely cause undue channel erosion, will likely increase water pollution by scouring or the transportation of particulate matter, and/or will likely endanger property or public safety. The statement shall briefly describe the site and include a site map depicting locations of proposed erosion and sediment control practices. Further, it shall include the best management practices that will be used to meet the requirements of this Section, including the site development schedule.
    4. Erosion and sediment control plan amendments. The applicant shall amend the erosion and sediment control plan if any of the following occurs:
      1. There is a change in design, construction, operation or maintenance at the site that has the reasonable potential for discharge of pollutants to waters of the state and that has not been otherwise addressed in the plan;
      2. The actions required by the plan fail to reduce the impacts of pollutants carried by construction site runoff; and
      3. The Public Works Director or Designated Authorized Agent notifies the applicant of changes needed in the plan.
    5. Exemptions. The Public Works Director or Designated Authorized Agent may exempt some of the requirements of this Subsection for land disturbing activities under one (1) acre in area.
  5. Implementation and Maintenance relating to an Approved Erosion and Sediment Control Plan. All permits shall require the responsible party to do the following:
    1. Notify the Public Works Director or Designated Authorized Agent within forty-eight (48) hours of commencing any land disturbing construction activity;
    2. Notify the Public Works Director or Designated Authorized Agent of completion of best management practices within fourteen (14) days after their installations;
    3. Obtain permission in writing from the Public Works Director or Designated Authorized Agent prior to any modification to the approved sequencing of construction of the site;
    4. Install all best management practices identified in the approved erosion and sediment control plan;
    5. Maintain all road drainage systems, storm water drainage systems, best management practices, and other facilities identified in the erosion and sediment control plan;
    6. Repair any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land disturbing construction activities and document repairs in a site erosion control log;
    7. Inspect the best management practices within twenty-four (24) hours after each rain of 0.5 inches or more and least once each week make needed repairs and document the findings of the inspections in a site erosion control log with the date of inspection, the name of the person conducting the inspection, and a description of the present phase of the construction at the site;
    8. Allow the Public Works Director or Designated Authorized Agent to enter the site for purpose of inspecting compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with the control plan. Keep a copy of the erosion and sediment control plan at the construction site, and allow the Public Works Director or Designated Authorized Agent access to all inspection logs for best management practices;
    9. Throughout the duration of the construction activity, maintain all best management practices necessary to meet the requirements of this Ordinance until the site has undergone final stabilization.
  6. Inspection and Enforcement.
    1. If land disturbing construction activities are being carried out without an approved erosion and sediment control plan and all other required permits and approval required by this Ordinance, the Public Works Director or Designated Authorized Agent may enter the site pursuant to the provisions of Sections 66.0119(1), (2), and (3) of the Wisconsin Statutes.
    2. The Public Works Director or Designated Authorized Agent may post a stop work order if any of the following occurs:
      1. Any land disturbing construction activity regulated under this Ordinance is being undertaken without the required permits;
      2. The erosion and sediment control plan is not being implemented in a good faith manner; or
      3. The conditions of the permit are not being met.
    3. If the responsible party does not cease the activity as required in the stop work order posted under this Section or fails to comply with the approved erosion and sediment control plan or permit conditions, the Public Works Director or Designated Authorized Agent may revoke the permit.
    4. If the responsible party, where no permit has been issued, does not cease the activity after being notified by the Public Works Director or Designated Authorized Agent, or if the responsible party violates a stop work order, the Public Works Director or Designated Authorized Agent may request that the City Attorney obtain a cease and desist order in any court with jurisdiction.
    5. The Public Works Director, Designated Authorized Agent, or Board of Appeals may retract a stop work order or the permit revocation.
    6. After posting a stop work order, the Public Works Director or Designated Authorized Agent may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this Ordinance. The Public Works Director or Designated Authorized Agent may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this Section by the Public Works Director or Designated Authorized Agent shall be billed to the responsible party. In the event the responsible part fails to pay the amount due, the City Clerk or Designated Authorized Agent shall enter the amount due on the tax rolls and collect as special assessment against the property pursuant to Subchapter VII of Chapter 66 of the Wisconsin Statutes.
    7. Any person violating any of the provisions of this Ordinance shall be subject to a forfeiture of not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00) and the costs of prosecution for each violation. Each day a violation exists, shall constitute a separate offense.
    8. 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 injunction proceedings.

8.3 Post-Construction Storm Water Management

  1. General Provisions.
    1. Findings of fact. The Common Council finds that the uncontrolled, post-construction runoff has a significant impact upon water resources and the health, safety, and general welfare of the community and diminishes the public enjoyment and use of natural resources. More specifically, the Common Council finds that uncontrolled, post-construction runoff can do 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, 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 by increasing pollutant loading;
      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; and
      6. Undermine floodplain management efforts by increasing the incidence and levels of flooding.
      7. Increases the public’s cost to maintain and repair infrastructure due to overtaxing of the storm sewer system.
    2. Purpose and Intent.
      1. Purpose. The general purpose of this Section is to establish long term, post-construction runoff management requirements that will diminish the threats to public health, safety, general welfare, and the aquatic environment. Specific purposes are as follows:
        1. Further the maintenance of safe and healthful conditions;
        2. 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; and
        3. Control exceedance of the safe capacity of existing drainage facilities and receiving water bodies; prevent undue channel erosion; control increases in the scouring and transportation of particulate matter; and prevent conditions that endanger downstream property.
      2. Intent. It is the intent of the Common Council that this Section regulates post-construction storm water discharges to waters of the state. This Section may be applied on a site-by-site basis. The Common Council recognizes, however, that the preferred method of achieving the storm water performance standards set forth in this Section 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. Where such plans are in conformance with the performance standards developed under Section 281.16 of the Wisconsin Statutes, for regional storm water management measures and have been approved by the Common Council, it is the intent of this Section that the approved plan be used to identify post-construction management measures acceptable for the community.
    3. Authority.
      1. This Section is adopted by the Common Council under the authority granted by Section 62.234 of the Wisconsin Statutes. This Section supersedes all provisions of any previous ordinance that may have been adopted under Section 62.23 of the Wisconsin Statutes that relate to storm water management regulations. Except as otherwise specified in Section 62.234 of Wisconsin Statutes, Section 62.23 of Wisconsin Statutes applies to this Section and to any amendments to this Section.
      2. The provisions of this Section are deemed not to limit any other lawful regulatory powers of the City of Ashland.
      3. The Common Council hereby designates the Public Works Director or Designated Authorized Agent to administer and enforce the provisions of this Section.
      4. The requirements of this Section do not preempt more stringent storm water management requirements that may be imposed by any of the following:
        1. Wisconsin Department of Natural Resources administrative rules, permits, or approvals including those authorized under Section 281.16 of the Wisconsin Statutes and Section 283.33 of the Wisconsin Statutes; and
        2. Targeted non-agricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under Chapter NR 151.004, Wisconsin Administrative Code.
    4. Applicability.
      1. When this Section applies. When otherwise not limited by law, this Section applies after final stabilization to the following:
        1. A post-construction development site that had ten thousand (10,000) square feet to one (1) acre of land disturbing construction activity; or
        2. Any development activity that disturbs ten-thousand (10,000) square feet or more on a single parcel within five (5) years or less; or
        3. Any post-construction site of any size that, in the opinion of the Public Works Director or Designated Authorized Agent, is likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter, or that endangers property or public safety.
      2. When this Section does not apply. This Section does not apply to the following:
        1. A redevelopment post-construction site with no increase in exposed parking lots or roads;
        2. A post-construction site with less than ten (10) percent connected imperviousness based on completed development of the post-construction site, provided the cumulative area of all parking lots and rooftops is less than twenty thousand (20,000) square feet;
        3. Nonpoint discharges from agricultural facilities and practices;
        4. Nonpoint discharges from silviculture activities;
        5. Routine maintenance for project sites under five (5) acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility;
        6. Underground utility construction such as water, sewer, and fiber optic lines. This exemption does not apply to the construction of any above ground structures associated with utility construction; or
        7. This section is not applicable to activities conducted by a state agency, as defined under Section 227.01(1) of the Wisconsin Statutes, but also including the office of the district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under Section 281.33 (2) of the Wisconsin Statutes.
  2. Technical Standards. The following methods shall be used in designing the water quality, peak flow shaving, and infiltration components of storm water practices need to meet the water quality standards of this Section:
    1. Technical Standards identified and approved by the Wisconsin Department of Natural Resources in accordance with Chapter NR 151.03 of the Wisconsin Administrative Code.
    2. Where technical standard have not been identified or developed by the Wisconsin Department of Natural Resources, other technical standards identified and approved by the City of Ashland may be used.
    3. In this Section, the average annual rainfall is based on figures for the City of Duluth, 1975 (March 24 through November 19).
  3. Performance Standards.
    1. Responsible party. The responsible party shall implement a post-construction storm water management plan that incorporates the requirements of this section.
    2. Plan. A written storm water management plan shall follow the requirements set forth in Chapter NR 216.47 of the Wisconsin Administrative Code and shall be developed and implemented for each post-construction site.
    3. General considerations for onsite and off-site management measures. The following considerations shall be observed in managing runoff:
      1. Natural topography and land cover features such as natural swales, natural depressions, native soil infiltrating capacity, and natural groundwater recharge areas shall be preserved and used, to the maximum extent practical, to meet the requirement of this Section.
      2. Emergency overlay 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.
    4. Location and regional treatment option.
      1. The best management practices may be located onsite or off-site with written permission from the property owner as part of a regional storm water device, practice or system.
      2. Post-construction runoff within non-navigable surface water that flows into a best management practice, such as a wet detention pond, is not required to meet the performance standards of this Section. Post-construction best management practices may be located in non-navigable surface waters.
      3. Except as allowed otherwise in this Section, post-construction runoff from new development shall meet the post-construction performance standards prior to entering navigable surface water.
      4. Post-construction from any development within a navigable surface water that flows into a best management practice is not required to meet the performance standards of this Section provided all the following conditions are met:
        1. The best management practice was constructed prior to the effective date of this Ordinance and the best management practice either received a permit issued under Chapter 30 of the Wisconsin Statutes, or the best management practice did not required a permit under Chapter 30 of the Wisconsin Statutes; and
        2. The best management practice is designed to provide runoff treatment from future upland development.
      5. Runoff from existing development, re-development, and infill areas shall meet the post-construction performance standards in accordance with this Section.
        1. To the maximum extent practical, best management practices shall be located to treat runoff prior to discharge to navigable water surfaces.
        2. Post-construction best management practices may be located in navigable surface water if allowable under all other applicable federal, state, and local regulations, such as Chapter NR 103 of the Wisconsin Administrative Code, and Chapter 30 of the Wisconsin Statutes.
      6. The discharge of runoff from a best management practice, such as a wet detention pond, or after a series of such best management practices, is subject to this Section.
      7. The Public Works Director or Designated Authorized Agent may approve off-site management measures provided that all of the following conditions are met:
        1. The Public Works Director or Designated Authorized Agent determines that the post-construction runoff site is covered by a storm water management system plan that is approved by the City of Ashland and that it contains management requirements consistent with the purpose and intent of this Section; and
        2. The off-site facility meets all of the following conditions:
          1. The facility is in place;
          2. 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 onsite practices meeting the performance standards of this Section; and
          3. The facility has a legally obligated entity responsible for its long term operation and maintenance, as required by Section 8.3 E: Maintenance Agreement.
      8. Where a regional treatment option exists such that the Public Works Director or Designated Authorized Agent exempts the applicant from all or part of the minimum onsite storm water management requirements, the applicant shall be required to pay a fee as established by the City’s fee schedule. The fee for post-construction runoff shall be determined through establishing an equitable distribution of the cost for land, engineering design, construction, and maintenance of the regional treatment option.
    5. Alternate requirements. The Public Works Director or Designated Authorized Agent may establish alternate storm water management requirements more stringent than those set forth in this Section if the Public Works Director or Designated Authorized Agent determines that an added level of protection is needed to protect sensitive resources.
  4. Storm Water Management Plan and Permitting Requirements.
    1. Permit required. No person shall commence a land disturbing construction activity subject to this Ordinance without receiving prior approval of a storm water management plan pursuant to Section 3.41: Storm Water Management Plan and all other necessary approvals and permits.
    2. Storm water management plan. The property owner or owner’s agent shall prepare a storm water management plan that complies with the performance standards of this Section and that, at a minimum, includes the following information:
      1. Name, address, telephone number for the following or their designees: property owner; developer; project engineer for practice design and certification; person(s) responsible for installation of storm water management practices; and person(s) responsible for maintenance of storm water practices prior to the transfer, if any, of maintenance responsibility to another part.
      2. A proper legal description of the property proposed to be developed, referenced to the United States Public Land Survey system or to block and lot numbers within a recorded land subdivision plat.
      3. Pre-development site conditions, including the following:
        1. One or more site maps at a scale of not less than one inch equals one hundred (100) feet. The site maps shall show the following:
          1. Site location and legal property description;
          2. Predominant soil types and hydrologic soil groups;
          3. Existing cover type and condition;
          4. Topographic contours of the site at a contour interval not to exceed two (2) feet;
          5. Topography and drainage network including enough of the contiguous properties to show runoff patterns onto, through and from the site;
          6. Watercourses that may affect or be affected by runoff from the site;
          7. Flow path and direction for all storm water conveyance sections;
          8. Watershed boundaries used in hydrology determinations to show compliance with the required performance standards;
          9. Lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site;
          10. Limits of the 100-year floodplain;
          11. Locations of wells and wellhead protection areas covering the project area, and delineated pursuant to Chapter NR 811.16 of the Wisconsin Administrative Code.
        2. Hydrology and pollutant load 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 map(s).
      4. Post-development site conditions, including 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 one inch equals one hundred (100) feet showing the following:
          1. Post-construction pervious areas including vegetative cover type and condition;
          2. Impervious surfaces including all buildings, structures, and pavement;
          3. Post-construction topographic contours of the site at a contour interval not to exceed two (2) feet;
          4. Post-construction drainage network including enough of the contiguous property to show runoff patterns onto, through and from the site;
          5. Locations and dimensions of drainage easements;
          6. Location of maintenance easements specified in the maintenance agreement;
          7. Flow path and direction for all storm water management conveyance and treatment practices, including the onsite and off-site tributary drainage area;
          8. 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;
          9. 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 map(s).
        5. Results of the 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.
      5. A description and installation schedule for the storm water practices needed to meet the performance standards of this Section.
      6. A maintenance plan developed for the life of each storm water management practice including the required maintenance activities and maintenance activity schedule.
      7. Cost estimates for construction, operation, and maintenance of each storm water management practice.
      8. Other information requested in writing by the Public Works Director or Designated Authorized Agent to determine compliance of the proposed storm water management measures with the provisions of this Ordinance.
      9. All site investigations, plans, designs, computations, and drawings shall be certified by a professional engineer and prepared in accordance with accepted engineering practice and requirements of this Section.
    3. Alternate requirements and exemptions. The Public Works Director or Designated Authorized Agent may prescribe alternative submittal requirements for applicants seeking an exemption to onsite storm water management performance standards pursuant to this Section. In addition, the Public Works Director or Designated Authorized Agent may exempt some of the requirements of this Subsection for land disturbing activities under one (1) acre in area.
  5. Maintenance Agreement.
    1. Maintenance agreement required. The maintenance agreement required by this Section for storm water management practices shall be an agreement between the City of Ashland and the property owner(s) to provide for maintenance of storm water practices beyond the duration period of this permit. The maintenance agreement shall be filed with the Ashland County Register of Deeds 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 this Section:
      1. Identification of the storm water facilities and designation of the drainage area served by the facilities.
      2. A schedule for regular maintenance of each aspect of the storm water management system consistent with the storm water management plan required by this Section.
      3. Identification of the property owner(s) or the City of Ashland's responsibility for long term maintenance of the storm water management practices identified in the required storm water management plan.
      4. Requirement that the property owner(s) or the City of Ashland shall maintain storm water management practices in accordance with the required schedule.
      5. Authorization for the Public Works Director or Designated Authorized Agent 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.
      6. A requirement on the Public Works Director or Designated Authorized Agent to maintain public records of the results of site inspections, to inform the property owner(s) of the inspection results, and to specifically indicate any corrective actions required to bring the storm water management practice into proper working condition.
      7. Agreement that the property owner(s) responsible for long term maintenance of the storm water management practices shall be notified by the Public Works Director or Designated Authorized Agent of maintenance problems that required correction. The specified corrective actions shall be undertaken within a reasonable timeframe as set by the Public Works Director or Designated Authorized Agent.
      8. Authorization of the Public Works Director or Designated Authorized Agent to perform the corrected actions identified in the inspection report if the responsible party designated by this Section does not make the required corrections in the specified time period. The Public Works Director or Designated Authorized Agent shall have entered the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subchapter VII of Chapter 66 of the Wisconsin Statutes.
  6. Financial Guarantee.
    1. Establishment of the guarantee. The Public Works Director or Designated Authorized Agent may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the Public Works Director or Designated Authorized Agent. The financial guarantee shall be in the amount determined by the Public Works Director or Designated Authorized Agent to be the estimated cost of construction and the estimated cost of the maintenance of the storm water management practices during the period which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the Public Works Director or Designated Authorized Agent the authorization to use the funds to complete the storm water management practice 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 Section have not been met.
    2. Conditions for release. Conditions for the release of the financial guarantee are as follows:
      1. The Public Works Director or Designated Authorized Agent shall release the portion of the financial guarantee established under this Section, less any costs incurred by the City of Ashland to complete installation of practices, upon submission of as-built plans by a professional engineer. The Public Works Director or Designated Authorized Agent may make provisions for a partial pro-rata release of the financial guarantee based on the completion of the various development stages.
      2. The Public Works Director or Designated Authorized Agent 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 City of Ashland, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement.
  7. 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 provisions of this Section shall be deemed a violation unless conducted in accordance with this Section.
    2. The Public Works Director or Designated Authorized Agent 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 Public Works Director or Designated Authorized Agent, the responsible party shall correct work that does not comply with the approved storm water management plan or other provisions of the approved permits. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Public Works Director or Designated Authorized Agent in the notice.
    4. If a violation to a permit issued pursuant to this Ordinance is likely to result in damage to properties, public facilities, or waters of the state, the Public Works Director or Designated Authorized Agent may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the City of Ashland plus interest and legal costs shall be billed to the responsible party.
    5. The Public Works Director or Designated Authorized Agent 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 City Attorney obtain a cease and desist order in any court with jurisdiction.
    6. The Public Works Director or Designated Authorized Agent 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 Public Works Director or Designated Authorized Agent or by a court with jurisdiction.
    8. The Public Works Director or Designated Authorized Agent is authorized to refer any violation of this Ordinance, stop work order, or cease and desist order issued pursuant to this Ordinance to the City Attorney 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 the forfeiture of not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00) 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 injunction proceedings.
    11. When the Public Works Director or Designated Authorized Agent 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, the Public Works Director or Designated Authorized Agent may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The Public Works Director or Designated Authorized Agent 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 this Section. Where such a security has not been established, or where 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 taxed levied thereon for the year in which the work is completed.

8.4 Invasive Species Management

  1. Purpose and Intent. In the interest of economics, health, ecology and recreation, regulations are now in place to control and manage invasive species in the State of Wisconsin pursuant to Chapter NR 40, of the State of Wisconsin Administrative Codes. It is the purpose of this section to recommend best management practices to be used prior to, during and post construction, for the control of invasive species by:
    1. Identifying and limiting the spread of established populations.
    2. Preventing the introduction or spread of new species not previously identified in the area.
  2. General Guidelines. Refer to Section NR 40.04 and NR 40.05, of the State of Wisconsin Administrative Codes for species listings and regulations regarding the transportation, possession, transfer and introduction of prohibited and restricted species.
  3. Land Disturbing Construction Activities. Prior to any construction disturbance, the use of best management practices is encouraged to prevent the transfer and introduction of invasive species to un-infested sites in violation of NR 40 of the Wisconsin Administrative Codes. On sites with infestations of restricted or prohibited species, contractors should adhere to the following requirements necessary to prevent infestations.
    1. Avoid invasive species populations, when feasible during soils disturbance activities.
    2. Prior to moving equipment out of an infested area, all equipment should be, to the maximum extent possible, clean of soils, seeds, plant parts, or invertebrates from exterior surfaces.
    3. All contaminated soils, seeds, plant parts, or invertebrates found during inspections and cleaning shall be disposed of in labeled garbage bags.
    4. Areas where soils have been disturbed should be re-vegetated as soon as feasible.
    5. Use non-invasive or native seed for cover crops or for re-vegetation and landscaping.
    6. Ensure only the species specified in the plan are used.
    7. Continue to monitor the re-vegetation site for invasive species spread.
    Refer to the Wisconsin Department of Natural Resources and the Wisconsin Council on Forestry for example best management practices.