8-101

APPLICABILITY.

a.

New Development. Unless otherwise expressly exempted, the off-street parking and loading standards of this section shall apply to any new building constructed and to any new use established. If a building permit was issued prior to September 26, 2001, and construction was begun by March 26, 2001, and diligently pursued to completion, parking and loading facilities in the amounts required for the issuance of said building permit may be provided in lieu of any different amounts required by this section.

b.

Expansions and Alterations. Unless otherwise expressly exempted, the off-street parking and loading standards of this section shall apply when the intensity of any building, structure or premises is increased through the addition of dwelling units, gross floor area, seating capacity or other units of measurement. Additional off-street parking and loading spaces shall be required to serve only the enlarged or expanded area, provided that in all cases, the number of off-street parking and loading spaces provided for the entire use (preexisting + expansion) must equal at least 75 percent of minimum ratio established in Table 8-103, Off-Street Parking Space Requirements.

c.

Change of Use. Unless otherwise expressly exempted, off-street parking and loading must be provided for any change of use or manner of operation that would, based on the Table 8-103 or the Off-Street Loading Schedule of this section, result in a requirement for more parking or loading spaces than the existing use. However, if the building or structure was erected prior to September 26, 2001, additional parking or loading facilities shall be required only in the amount by which the requirements for the new use exceed those for the existing use.

8-102

EXEMPTIONS.

a.

Central Business District. Off-street parking and loading spaces shall not be required for uses in the CBD, Central Business District.

b.

Neighborhood Parks. Off-street parking and loading spaces shall not be required for neighborhood parks, school play areas, play-lots or other small recreation/open space areas. The Zoning Officer shall be authorized to require off-street parking for larger park facilities and other uses, such as pools athletic fields and community buildings that generate high traffic volumes, based on the results of a parking study.

c.

Vacant Lots. Off-street parking and loading spaces shall not be required for undeveloped and unoccupied vacant lots.

8-103

OFF-STREET PARKING SPACE REQUIREMENTS. Unless otherwise expressly stated in this chapter, at least one off-street parking space shall be provided for each land use or off-street parking spaces shall be provided in accordance with the following table, whichever results in the higher number of spaces.

¹ Previously existing single-family residences that were nonconforming with regard to parking, prior to September 26, 2001, may be permitted with only one off-street parking space. Existing single-family residences with 2 or more off-street parking spaces may not reduce the number of off-street spaces below 2.

8-104

PARKING STUDY. Some uses have widely varying parking demand characteristics, making it impossible to specify a single off-street parking standard. These uses require a parking study in accordance with this section.

a.

Parking Study. A developer proposing to develop or expand a use that requires a parking study must submit a parking study that provides justification for the number of off-street parking spaces proposed. A parking study must include estimates of parking demand based on recommendations of the Institute of Traffic Engineers (ITE), or other acceptable estimates as approved by the Zoning Officer and should include other reliable data collected from uses or combinations of uses that are the same as or comparable with the proposed use. Comparability will be determined by density, scale, bulk, area, type of activity, and location. The study must document the source of data used to develop the recommendations.

b.

Review by Zoning Officer. The Zoning Officer shall review the parking study and any other traffic engineering and planning data relevant to the establishment of an appropriate off-street parking standard for the proposed use. After reviewing the parking study, the Zoning Officer shall establish a minimum off-street parking standard for the proposed use.

8-105

RULES FOR COMPUTING REQUIREMENTS. The following rules apply when computing off-street parking requirements:

a.

Multiple Uses. Unless otherwise approved, lots containing more than one use must provide parking and loading in an amount equal to the total of the requirements for all uses.

b.

Fractions. When measurements of the number of required spaces result in a fractional number, any fraction of ½ or less shall be rounded down to the next lower whole number and any fraction of more than ½ shall be rounded up to the next higher whole number.

c.

Area Measurements. Unless otherwise specifically noted, all square footage-based parking and loading standards must be computed on the basis of gross floor area.

d.

Occupancy- or Capacity-Based Standards. For the purpose of computing parking requirements based on employees, students, residents or occupants, calculations shall be based on the largest number of persons working on any single shift, the maximum enrollment or the maximum fire-rated capacity, whichever is applicable and whichever results in the greater number of spaces.

e.

Unlisted Uses. Upon receiving a development application for a use not specifically listed in an off-street parking schedule, the Zoning Officer shall apply the off-street parking standard specified for the listed use that is deemed most similar to the proposed use or establish minimum off-street parking requirements in accordance with the Parking Study provisions of Section 8-104.

8-106

EXCESS PARKING; MAXIMUM NUMBER OF SPACE.

a.

Off-street parking spaces provided in excess of minimum standards shall comply with all standards of this section.

b.

The maximum number of accessory parking spaces provided for residential dwellings outside of an enclosed garage shall be as follows:

1.

For a single-family dwelling: 4 spaces.

2.

For a two-family dwelling: 4 spaces for each dwelling unit.

3.

For a multiple-family dwelling: the number of required parking spaces plus 50 percent.

c.

No person may cause or permit motor vehicles to be parked on residential premises in excess of the maximum number of spaces allowed for that property on a regular basis. This section shall not prohibit the temporary parking of motor vehicles for social or family gatherings.

8-107

LOCATION OF REQUIRED PARKING SPACES.

a.

All parking spaces required to serve buildings or uses erected or established after September 26, 2001, shall be located on the same zoning lot as the building or use served. However, parking spaces to serve commercial or industrial buildings or uses may be located on another zoning lot if it is within 500 feet of the principal use and if said accessory parking lot is zoned to permit such use.

b.

Buildings or uses existing on September 26, 2001, that are subsequently altered or enlarged so as to require the provision of parking spaces under this chapter may be served by parking facilities located on land other than the zoning lot on which the building or use served is located, provided that the parking is within 500 feet walking distance of a main entrance of the use to be served. Owners of property that are nonconforming as to parking who elect to provide parking and become conforming may locate such parking on land other than the zoning lot on which the building or use is located, as allowed in this section.

c.

No allowed off-street parking space or area, open to the sky, shall be located in a front yard or street side yard in a residential district, except that the Zoning Officer shall be authorized to permit such parking in the front or street side yard if adequate space does not exist to provide needed parking elsewhere on the lot.

d.

In a Residential district, motor vehicles, not exceeding one-ton capacity, but not including recreational vehicles, truck cabs or trailers, may be parked in a required front or corner side yard if such vehicle is parked in a paved driveway. Recreational vehicles not exceeding 10 × 30 × 12 feet, and parked or stored outside of an enclosed building on a single-family property, may be parked or stored only on a paved surface in an interior side or rear yard.

e.

Enclosed buildings and carports containing off-street parking shall be subject to applicable setback requirements.

8-108

USE OF REQUIRED PARKING SPACES.

a.

Except as otherwise expressly provided in this chapter, required off-street parking facilities shall be used solely for the parking of passenger automobiles or trucks of less than one-ton capacity, all of which must be licensed and in operating condition. Required parking spaces shall not be used for the storage of boats, motor homes, campers, mobile homes or materials.

b.

No motor vehicle repair work or service of any kind shall be permitted in association with parking facilities provided in residential zoning districts.

c.

No motor vehicle repair work or service of any kind shall be permitted in conjunction with parking facilities in a C-1 district.

d.

No motor vehicle repair work or service of any kind shall be permitted in conjunction with any open accessory parking facilities provided in a Manufacturing district if such parking facilities are within 500 feet of a residential or C-1 district. Washing of vehicles and emergency service required to start vehicles shall be permitted.

8-109

SHARED PARKING. It is the City's stated intention to encourage efficient use of land and resources by allowing users to share off-street parking facilities whenever feasible. The Zoning Officer may authorize a reduction in the number of required off-street parking spaces for multiple use developments or for uses that are located near one another and that have different peak parking demands or different operating hours. Shared parking shall be subject to the following standards.

a.

Location. Shared off-street parking spaces shall be located within 500 feet of the main entrance of all uses served by the shared parking facility.

b.

Zoning Classification. (Am. #3365) Shared parking areas shall be considered accessory to the principal use that the parking spaces are intended to serve. Shared parking facilities may be located in any zoning district that allows Commercial Parking. Shared parking areas serving nonresidential uses may be allowed in certain residential zoning districts if reviewed and approved as a Conditional Use, in accordance with the procedures of Section 2-500.

c.

Required Study and Analysis. The applicant shall submit a shared parking analysis to the Zoning Officer clearly demonstrating the feasibility of shared parking. The study shall address, at a minimum, the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces.

d.

Shared Parking Agreement. A shared parking plan shall be enforced through written agreement among the owners of record. A shared parking agreement may be revoked by the parties to the agreement only if off-street parking is provided pursuant to Section 8-103.

8-110

OFF-SITE PARKING. The Zoning Officer shall be authorized to permit all or a portion of required off-street parking space to be located on a separate site from the principal use served by the off-street parking, subject to the standards of this section.

a.

Location. All off-site parking spaces shall be located within 500 feet of the main entrance of all uses served by the shared parking facility.

b.

Zoning Classification. (Am. #3365) Off-site parking areas shall be considered accessory to the principal use that the parking spaces are intended to serve. Off-site parking facilities may be located in any zoning districts that allow commercial parking. Off-site parking areas serving nonresidential uses may be allowed in certain residential zoning districts if reviewed and approved as a Conditional Use, in accordance with the procedures of Section 2-500.

c.

Off-Site Parking Agreement. If an off-site parking area is not under the same ownership as the principal use served, a written agreement among the owners of record shall be required. An off-site parking agreement may be revoked by the parties to the agreement only if off-street parking is provided pursuant to Section 8-103.

8-111

ACCESSIBLE PARKING FOR PHYSICALLY DISABLED PERSONS. A portion of the total number of required off-street parking spaces in each off-street parking area shall be specifically designated, located and reserved for use by persons with physical disabilities.

a.

Number of Spaces. The minimum number of accessible spaces to be provided shall be a portion of the total number of off-street parking spaces provided, as determined from the following schedule. Parking spaces reserved for persons with disabilities shall be counted toward fulfilling off-street parking standards. These standards may not be varied or waived.

b.

Minimum Dimensions. All parking spaces reserved for persons with disabilities shall comply with the parking space dimension standards of this section, provided that access aisles shall be provided immediately abutting such spaces, as follows:

1.

Car-Accessible Spaces. Car-accessible spaces shall have at least a 5-foot wide access aisle abutting the designated parking space.

2.

Van-Accessible Spaces. Van-accessible spaces shall have at least an 8-foot wide access aisle abutting the designated parking space.

8-112

VEHICLE STACKING AREAS. The vehicle stacking standards of this subsection shall apply unless otherwise expressly approved by the Zoning Officer.

a.

Minimum Number of Spaces. Off-street stacking spaces shall be provided as follows:

b.

Design and Layout. Required stacking spaces are subject to the following design and layout standards.

1.

Size. Stacking spaces must be a minimum of 9 feet by 20 feet in size.

2.

Location. Stacking spaces may not impede on- or off-site traffic movements or movements into or out of off-street parking spaces.

3.

Exit. Stacking lanes shall be designed to allow vehicles to exit the stacking lane without backing up or waiting until they have reached the end of the stacking lane.

8-113

PARKING AREA DESIGN STANDARDS.

a.

Parking Space Dimensions. Required off-street parking spaces shall have minimum dimensions of 9 feet in width by 18 feet in length, exclusive of access drives or aisles, ramps, columns, and office or work areas. For parallel parking, the length of the parking space shall be increased to 22 feet. Spaces shall have a minimum vertical clearance of at least 6.5 feet.

b.

Aisle Widths. Aisles providing access to off-street parking spaces shall comply with the following standards:

Notes:

1.

Two-way drive aisles shall always require a minimum width of 24 feet.

2.

Angles shall be measured between centerline of parking space and centerline of aisle.

c.

Driveways and Access.

1.

All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner that will least interfere with traffic movement. Access to parking lots and access drive widths shall be governed by the curb cut policy of the City Engineering Department and Chapter 11 of the Code of General Ordinances.

2.

Each off-street parking space shall open directly upon an aisle or driveway at least 10 feet wide or such additional width otherwise required by this section.

d.

Construction Specifications.

1.

Surfacing.

(a)

Except as otherwise expressly provided, every off-street parking, loading and driveway area shall be paved with asphaltic or Portland cement concrete, or other approved paving bricks or blocks. No person shall park or store a motor vehicle upon any nonresidential lot within the City unless the area upon which the vehicle is parked or stored is surfaced as provided in this subparagraph.

(b)

Surfacing shall be designed in accordance with accepted engineering methods, subject to the approval of the City Engineer.

2.

Drainage. All off-street parking and loading areas shall be graded and drained so as to adequately dispose of all surface water generated by the impervious surface. Drainage plans for uses requiring more than 5 parking spaces shall be submitted and approved by the City Engineer prior to the issuance of a building permit.

3.

Walkways. Walkways a minimum of 4 feet in width shall be provided between any building and adjacent parking lot. Where sidewalk curbs serve as wheel stops, an additional 2 feet of sidewalk width is required.

4.

Lighting. Lighting used to illuminate a parking area shall be arranged in such a manner that it will not be a hazard to passing motorists or constitute a nuisance of any kind. Where said parking area is within 150 feet of any Residential zoning district and where the parking area is directly visible by the residents within 150 feet, illuminating devices shall be shaded in a manner that would direct light away from the residential property.

5.

Concrete Curbing. Concrete curbing shall be installed adjacent to sidewalks, fences, landscaped area, and walls. The concrete curbing shall be installed consistent with the specifications on file in the City Engineer's office. This requirement may be modified provided other design features will be equally effective in prohibiting a vehicle from obstructing a sidewalk or making contact with a wall, fence, or landscaped area, and which will promote safe pedestrian access.

6.

Traffic Control Devices. Parking spaces shall be designated by pavement marking. All traffic control devices such as pavement marking, signs, rails, curbs, and other similar development proposals shall be installed and completed as shown on the approved parking plan.

7.

Maintenance. The land owner, or the land owner's successors in interest, or agent, if any, shall be jointly and severally responsible for maintaining all off-street parking areas, driveways, and access aisles, including landscaping, surfacing and lighting.

8.

Improvement Schedule. All required improvements, including surfacing, drainage, walkways, lighting, landscaping, screening, traffic control, and other required parking or landscaping improvements shall be installed prior to occupancy of any buildings or use to be served by such parking. All required improvements as shown on the approved final site plan shall be completed within 12 months of written approval.

9.

Penalties. If the developer defaults on completion of the improvements within 12 months of written approval of the site plan, and such default continues for a period of 30 days after written notice from the City to the developer, then the City may enforce the improvement schedule and/or impose penalties in accordance with Article X.

10.

Snow Storage Areas. Snow storage areas shall be provided sufficient to store snow accumulation on site. Said areas shall not cause unsafe ingress/egress to the parking areas, shall not cause snow to be deposited on public rights-of-way, and shall not be placed in such a manner as to damage landscaping.

11.

Landscaping and Screening. Off-street parking areas shall be landscaped and screened from view in accordance with §34.21 of the Code of General Ordinances of the City of Beloit. (Am. #3142)

e.

Parking Plans. (Am. #3365) Parking plans shall be shown on required site plans in accordance with Section 2-600.

8-114

OFF-STREET LOADING DESIGN STANDARDS.

a.

No Use of Public Right-of-Way. At no time shall goods be loaded or unloaded from the right-of-way of any public street. No part of any vehicle shall be allowed to extend into the right-of-way of a public street while being loaded or unloaded.

b.

Location.

1.

All required loading berths shall be located on the same zoning lot as the use served.

2.

All motor vehicle loading berths that abut a residential zoning district or an intervening alley separating a residential zoning district from a commercial or manufacturing zoning district shall be completely screened therefrom by building walls, or a uniformly-painted solid fence or wall not less than 8 feet in height.

3.

No permitted or required loading berth shall be located within 30 feet of the nearest point of intersection of any 2 streets.

4.

No loading berth shall be located in a required front setback, and any loading berth located in a required side or rear setback shall be open to the sky.

5.

Plans for location, design and layout of all loading spaces shall be indicated on required site plans.

c.

Design.

1.

Space Size. Off-street loading spaces, excluding maneuvering areas, shall be at least 12 feet wide and 25 feet long unless off-street loading will involve the use of semi-tractor trailer combinations or other vehicles in excess of 25 feet in length, in which case the minimum size of a space shall be 12 feet by 60 feet.

2.

Surfacing and Maintenance. All off-street loading areas shall be surfaced with a dust-free, all-weather surface material capable of bearing live loads suitable for the type of traffic that the area will bear.

d.

Access. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement, and shall be subject to approval by the Zoning Officer and/or City Engineer.

a.

PERMIT REQUIRED. No person shall cause or allow the installation, construction, erection, placement, or replacement of a fence, or any portion thereof, in the City of Beloit without first obtaining a fence permit. A fence permit is not required for painting, maintenance, or repair of an existing fence.

b.

APPLICATION. (Am. #3481) An application shall be filed with the Division of Planning and Building Services on a form provided by the City. An application shall be completed in full and include the following information:

1.

A drawing, site plan, or property survey displaying the property lines, the location of all buildings and structures on the property, the proposed location of the fence, the distances the fence is proposed to be from all property lines and existing buildings and structures on the property.

2.

If the fence is proposed to be installed on rented or leased property, the written consent of the owner(s) of the property.

3.

Other information as may be required by the City to assist in review of the application.

c.

FEE. An application fee, established by City Council resolution, shall be paid to the City by the applicant when the application is filed.

d.

ARCHITECTURAL REVIEW CERTIFICATE REQUIRED. An architectural review certificate shall be required for the installation, construction, erection, placement, or replacement of a fence in accordance with the provisions of Chapter 34 of the Code of General Ordinances for the City of Beloit.

e.

CERTIFICATE OF APPROPRIATENESS REQUIRED. For fences proposed to be installed on a property located in a historic district or on a property designated landmark, a Certificate of Appropriateness shall be required.

f.

PERMIT ISSUANCE. (Am. #3481) The Director of Planning and Building Services, or his/her designee, shall review, approve and issue a fence permit provided the application and other submitted documentation is in compliance with this section. The fence permit may contain reasonable conditions stated in the permit.

g.

FENCE INSTALLATION. No person shall cause or allow the installation, construction, erection, placement or replacement of a fence, or any portion thereof, except in strict compliance with this section, site specific conditions, and the following requirements:

1.

Structural and support components of a fence shall face away from adjacent properties.

2.

Fences shall be installed with the finished side facing the adjacent property or public right-of-way. All fence posts must be located on the inside of the fence facing the property on which the fence is located unless the fence is designed and constructed to look the same on both sides of the fence.

3.

Fences shall be installed plumb and the top finish of the fence shall be uniform. Fences shall follow the contour of the ground to the extent practical. Adjustments for grade shall occur at the bottom of the fence.

4.

All fences proposed to be located in the front setback or street side setback shall comply with the regulations governing vision triangles found in Section 8-400.

5.

The height of fences shall be measured vertically from the finished grade on the exterior side of the fence. Raising the finished grade by placing fill solely for the purpose of adding additional height to a fence is prohibited. If a fence is placed on a berm, the berm shall be included in the height of the fence and the height shall be measured vertically from the base of the berm, unless said fence is approved in conjunction with a conditional use permit/planned unit development, or a variance is granted by the Board of Appeals.

6.

The project site shall be marked by Digger's Hotline before digging holes for fence installation. The permit holder shall be responsible for damage to any underground utility.

7.

No fence, or portion thereof, shall be closer than 18 inches from the public sidewalk.

h.

FENCE HEIGHT. Fence height shall be in accordance with this section and the following requirements:

1.

Fences in Front or Street-Side Areas. Fences installed in front setback or street-side setback areas shall comply with this section and with the following requirements:

(a)

In residential, commercial and PLI zoning districts, fence height shall not exceed 4 feet.

(b)

In the M-1 zoning district, fence height shall not exceed 6 feet.

(c)

In the DH zoning district, fence height shall not exceed 4 feet.

2.

Fences in Rear Setback or Interior Side Setback Areas. Fences installed in rear setback or interior side setback areas shall comply with this section and with the following requirements:

(a)

In residential, commercial and PLI zoning districts, fence height shall not exceed 8 feet.

(b)

In M-1 and DH zoning districts, fence height shall not exceed 8 feet.

3.

Fences Within the Buildable Area of a Lot. Fences installed in the buildable area of a lot shall comply with this section and with the following requirements:

(a)

In residential, commercial and PLI zoning districts, fence height shall not exceed 8 feet.

(b)

In M-1 and DH zoning districts, fence height shall not exceed 10 feet.

4.

Fences Located in M-2 Zoning District. In the M-2 zoning district, fences up to 6 feet in height are permitted in front and street side yards when located within 30 feet of the right-of-way line. Fences up to 8 feet in height are permitted in interior side and rear yards if located within 15 feet of the property line. Fences up to 10 feet in height are permitted in the remaining buildable area of the lot. No fence, or portion thereof, shall be located within 18 inches of the right-of-way line in the M-2 zoning district.

5.

Overlapping Setback Areas. In areas where the front setback and interior side setback areas overlap, the standards of fence height for front setback areas shall apply.

i.

FENCE MATERIALS.

1.

Fences located in rear and interior side setback areas shall be constructed using materials utilized by commercial fence installers suitable for residential-style fencing, including, but not limited to, brick, fieldstone, wrought iron, vinyl, chainlink (with a minimum thickness of 9 gauge and a required top rail support), stockade, or board-on-board wood.

2.

Fences located in front setback and street side setback areas shall be 50 percent open (see-through) and be of split rail, wrought iron or picket design. Chainlink fencing in the front setback or street side setback areas is prohibited unless the fence has manufacturer-applied decorative coloring on all components, including without limitation all posts and rails. Chainlink fencing is permitted on school grounds, day care centers, public parks, and utilities as provided in subsection o.

3.

No fence shall be constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, tires, junk, or similar items. Materials not specifically manufactured for fencing, such as railroad ties, wooden doors, or utility poles shall not be used for, or in the construction of a fence.

4.

Fences consisting of chicken wire, deer fence, hog wire, high-tensile wire strands, which are normally used in the agricultural, farming and livestock business, specifically for livestock, animal or bird control, are prohibited in all areas except the DH zoning district.

5.

No wood-slat or plastic snow fence shall be permitted in any zoning district other than DH zoning district or as a temporary use allowed in subsection m.4.

j.

PROHIBITED FENCES. No person shall install, construct, erect, place, or replace or cause to be installed, constructed, erected, placed or replaced the following types of fences:

1.

An aboveground electric fence or razor wire fence.

2.

Any wire or chain-link fence with the cut or salvage end of the fence exposed at the top.

3.

A fence that consists only of vertically placed materials.

4.

A fence that creates a potential hazard to users of the street, sidewalk or to nearby property.

5.

A fence that has not been fully completed in accordance with the permit issued under this section.

k.

BARBED WIRE FENCES RESTRICTED.

1.

No person shall construct, use or maintain any barbed wire fence on residential, commercial or PLI zoned property.

2.

Barbed wire fences may be installed in M-1, M-2 and DH zoning districts provided that barbed wire fencing shall not be installed along a property line abutting a residential or PLI zoned property or within 30 feet of a property with a residential use or a residential or PLI zoning classification.

l.

NONBOUNDARY RELATED FENCE STANDARDS. Fences or enclosures for swimming pools shall be as permitted in §9.26 of the Code of General Ordinances. Fences surrounding tennis courts, and baseball or softball field backstops may be erected in conformance with accepted industry standards. A fence permit shall be required for such installation.

m.

FENCES ALLOWED WITHOUT A PERMIT.

1.

Decorative fences not exceeding 2 feet in height shall be permitted in all districts. Such fences shall not be placed in any manner which presents a hazard to pedestrians on any public or private sidewalk.

2.

Underground electrical fences are permitted in all districts.

3.

Hedges or shrubbery are permitted in all districts provided they comply with §11.16 of the Code of General Ordinances.

4.

Temporary fences.

(a)

Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible and shall comply with the setback requirements set forth in this section. Fences erected under this subsection shall not be erected for more than 45 days unless approved in writing by the Zoning Officer.

(b)

Plastic or wood-slat snow fencing shall be permitted in DH zoning districts provided that such fences shall be removed when the condition or season for which the said fence was erected no longer exists.

(c)

Plastic or wood-slat snow fencing may be erected for special events provided that such fencing shall be removed no later than 24 hours after the conclusion of the special event.

5.

Chicken runs as defined in Section 7.244(1) of the Code of General Ordinances. (Cr. #3468)

n.

WIRELESS COMMUNICATION FACILITIES. Fences enclosing wireless communications facilities shall be in compliance with Section 22.05 of the Code of General Ordinances.

o.

UTILITIES. A provider of utilities, including services such as water, sewer, telephone, cable, electric, and gas, may exceed fence height standards in subsection h., if such provider installs security fencing and applies for and receives written authorization from the Zoning Officer. Security fencing erected under this section may have up to 3 strands of barbed wire at the top of the fence for which written authorization from the Zoning Officer is required prior to installation. In no event shall the security fencing exceed 8 feet in height.

p.

JUNKYARDS. Fencing shall be in compliance with Section 14.09 of the Code of General Ordinances for fencing enclosures of junkyards.

q.

ENCROACHMENTS. No portion of any fence may extend into or overhang any property line, public right-of-way or public land unless the owner has secured a valid written and recorded easement for such encroachment.

r.

DOG ENCLOSURES.

1.

Defined. A dog enclosure is a pen or other structure designed to confine a dog and be capable of preventing a dog from escaping the boundaries of the enclosure.

2.

Standards. Dog enclosures shall be permitted in residential districts subject to the following standards:

(a)

No person shall install, construct, erect, place, or replace or cause to be installed, constructed, erected, placed or replaced a dog enclosure unless a fence permit has been obtained in accordance with this section.

(b)

Dog enclosures must be located directly behind and adjacent to the principal building. In no event shall a dog enclosure encroach into the required setback area or be located closer to the street side property line than the principal building.

(c)

No dog enclosure shall be in excess of 250 square feet in surface area, nor more than 6 feet in height above the surface of the ground, as measured from the ground level at the lowest grade level within 5 feet of either side thereof.

(d)

Dog enclosures may only be constructed of materials permitted for a residential fence.

(e)

No dog enclosure shall be constructed wholly or partially within any vision triangle.

s.

COMPLETION OF INSTALLATION. A fence authorized by a fence permit shall be fully installed in accordance with this section and permit requirements within one year of the date of permit issuance. No further work may be conducted thereunder until a new permit is applied for and issued.

t.

MAINTENANCE OF FENCES. Fences shall be maintained in a manner so as to prevent rust, corrosion, and deterioration, so as not to become a public or private nuisance, and so as not to be dilapidated or a danger to adjoining property owners or the public. Fences shall not create an appearance of patchwork, which is indicative of a state of disrepair. Every fence installed shall be maintained in such a way that it will remain plumb and in good repair. A property owner or occupant of the property on which the fence is located shall be responsible for the maintenance of a fence as required by this subsection.

u.

FAILURE TO OBTAIN. If any fence is erected in whole or in part prior to obtaining a fence permit, the fence shall be removed if it is in violation of this section. If the fence meets all the requirements of this section it may remain only if a fence permit is obtained at triple the regular fee. Such fee shall not deny the City any other legal right or remedy it may otherwise have under this chapter and other applicable codes and regulations.

v.

EXISTING FENCES. Any fence, lawfully existing upon the effective date of this section, shall not be altered, enlarged, extended, or replaced, except in strict compliance with all of the requirements of this section. Normal maintenance thereof shall not be a violation hereof.

w.

APPEALS. A decision to deny a fence permit or issuance thereof subject to conditions may be appealed to the Board of Appeals in accordance with the procedure of Section 2-1000.

x.

PENALTY. Any violation of this section shall be enforced in accordance with Article X of Chapter 19 of the General Code of Ordinances.

8-401

Notwithstanding any other provision of this chapter, nothing may be erected, placed, planted, or allowed to grow in such a manner as to impede vision between a height of 30 inches above curb grade and 10 feet above curb grade within the triangular area formed by an imaginary line that follows the edge of pavement or face of curb as extended and a line connecting them the following minimum distances from their point of intersection.

8-402

This sight triangle standard may be modified by the Zoning Officer when deemed necessary by the City Engineer to ensure traffic safety. This vision triangle standard shall not apply within the CBD district.

Unless expressly approved as part of a planned unit development (see Section 5.3), no more than one principal detached building shall be permitted per zoning lot and no principal detached building shall be located on the same zoning lot with any other principal building.

Outdoor vending and outdoor storage, display or sale of merchandise is prohibited except as permitted by this section.

8-601

MERCHANDISE INTENDED FOR OUTDOOR USE. (Am. #3005) In the C-2, C-3, CBD, M-1 and M-2 zoning districts, businesses operating from a permanent indoor location may display their merchandise for sale outdoors if the merchandise is intended for outdoor use, such as automobiles; farm equipment; lawn, garden and yard equipment and furniture; produce; nursery stock; and recreational equipment. Merchandise may only be displayed on the same tax parcel where the merchandise is also sold from a permanent indoor location. However, in the C-3 district, automobiles may be displayed for sale on the business' tax parcels which are located within 300 feet of the tax parcel where automobiles are sold from a permanent indoor location. A business may apply for a conditional use permit for outdoor display of merchandise which is not intended for outdoor use. In this paragraph, "outdoor sales" include sales conducted from within a tent or other temporary structure.

8-602

SETBACKS AND PARKING. Permitted outdoor sales and displays shall not be located within 30 feet of a residential zoning district or encroach upon a required setback or required off-street parking spaces.

8-603

HOUSEHOLD SALES. See Section 6.4.4.

8-604

USE OF STREETS, RIGHTS-OF-WAY AND SIDEWALKS. Display or sale of merchandise on public streets, terraces, rights-of-way or sidewalks shall be prohibited, except as expressly allowed by §18.01(4) of the Code of General Ordinances.

8-605

OUTDOOR VENDING. (Am. #3868) Outdoor vending shall be allowed only in the C-1, C-2, C-3, CBD, M-1 and M-2 zoning districts and in City parks, where permitted by §§15.06 and 18.02(15) of the Code of General Ordinances of the City of Beloit, but only if the outdoor vendor has obtained an outdoor vending license as required by §14.04 of the Code of General Ordinances of the City of Beloit. Outdoor vendors may display their merchandise outdoors only on the zoning lot for which an outdoor vendor's license has been issued and according to all other regulations of this section.

Lots that are not served by community water or sewer facilities shall be subject to the standards and requirements of the City Engineer, Health Commissioner, and the Wisconsin State Board of Health. Compliance with such requirements may result in minimum lot area requirements that exceed the minimum requirements of the underlying zoning district. Plot plans accompanying building permit applications shall show clearly the proposed sewage disposal system and well locations, if any.

The industrial performance standards of this section are intended to regulate the effects that industrial, manufacturing and other high-intensity land uses may have upon neighboring uses.

8-801

NOISE.

a.

Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter. Impulsive type noises shall be subject to the performance standards hereinafter prescribed provided that such noises shall be capable of being accurately measured with such equipment. Noises capable of being so measured, for the purpose of this chapter, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus 2 decibels. Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses.

b.

In any Manufacturing (M) district, at no point on the boundary of a Residential (R) or Commercial (C) district shall the sound pressure level of any operation or plant (other than background noises produced by sources not under control of this chapter, such as the operation of motor vehicles or other transportation facilities) exceed the decibel limits established in each of the octave bands designated below:

Maximum Permitted Sound Level—Decibels

8-802

VIBRATION.

a.

Vibrations shall be expressed as displacement in inches and shall be measured with a 3-component measuring system.

b.

At no point on or beyond the boundary of any lot shall the ground transmitted vibrations caused by any use or activity (except those not directly under the control of the property user) exceed the displacement limits established through use of the following formula:

D = 0.001 × k/f

Where:
D = the maximum allowable displacement in inches
f = the vibration frequency in cycles per second
k = the value set forth in the following table:

Notes: "Steady-state" vibrations are those which are continuous or which occur in discrete pulses more frequent than one per second; "Impulsive" vibrations are those which occur in discrete pulses less frequent than one per second; and "Impact" vibrations are those which occur in discrete pulses separated by an interval of at least one minute.

8-803

SMOKE AND PARTICULATE MATTER. In addition to the performance standards specified hereinafter, the emission of smoke or particulate matter in such manner or quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful. Particulate matter emissions caused by the wind from open storage areas, yards, roads, etc., within lot lines shall be kept to a minimum by appropriate landscaping, paving, oiling, wetting, or other means. For the purpose of determining the density or equivalent opacity of smoke, the Ringelmann Chart as adopted and published by the United States Bureau of Mines in Circular No. 7718 shall be employed. No industrial use shall cause or allow to be emitted into the open air from any process or control equipment or to pass any convenient measuring point in a breaching or stack, dust in the gases to exceed 0.85 pounds per 1,000 pounds of gases adjusted to 12 percent CO ₂ content for the products of combustion.

a.

M-l District. In the M-1 district, the continuous emission of smoke from any vent, stack, chimney, or combustion process shall have a density or equivalent opacity of less than Ringelmann No. 1. Smoke in excess of Ringelmann No. 1 but not exceeding Ringelmann No. 2 shall be permitted for 5 minutes in any one hour. Smoke not exceeding Ringelmann No. 3 shall be permitted for 5 minutes during any 8-hour period for purposes of fire-cleaning only. Smoke in excess of Ringelmann No. 3 is prohibited. The rate of emission of particulate matter from all sources within the boundaries of any M-1-zoned lot shall not exceed a net figure of one pound per acre of lot area during any one hour, after deducting from the gross hourly emission per acre the correction factor set forth in Table 8-803.

b.

M-2 District. In the M-2 district, the continuous emission of smoke from any vent, stack, chimney, or combustion process shall have a density or equivalent opacity not exceeding Ringelmann No. 1. Smoke not exceeding Ringelmann No. 2 shall be permitted for 30 minutes in any one hour. Smoke not exceeding Ringelmann No. 3 shall be permitted for 5 minutes during any 2-hour period. Smoke in excess of Ringelmann No. 3 shall be permitted for 5 minutes during any one 8-hour period for purposes of fire-cleaning only. The rate of emission of particulate matter from all sources within the boundaries of any M-2-zoned lot shall not exceed a net figure of 8 pounds per acre of lot area during any one hour, after deducting from the gross hourly emission per acre the correction factor set forth in Table 8-803.

Table 8-803. Allowance for Height of Emission

c.

Determination of Emission Rate. Determination of the total net rate of emission of particulate matter within the boundaries of any lot shall be made as follows:

1.

Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of lot area—thereby obtaining the gross hourly rate of emission in pounds per acre.

2.

From each gross hourly rate of emission, deduct the correction factor (interpolating as required) for height of emission set forth in the Table 8-803, thereby obtaining the net rate of emission in pounds per acre per hour from each source of emission.

3.

Add together the individual net rates of emission derived in subsection 2., above, to obtain the total net rate of emission from all sources of emission within the boundaries of the lot. Such total shall not exceed the maximum allowable rate of emission specified for the particular district in which located.

8-804

TOXIC MATTER. In any Manufacturing district, toxic materials which are released shall not exceed 10 percent of the maximum permissible airborne concentration allowed an industrial worker when measured at any point beyond the lot line, either at ground level or habitable elevation, whichever is more restrictive. When maximum permissible airborne concentrations of toxic materials allowed an industrial worker are not contained in the most recent list of Threshold Limit Values published by the American Conference of Governmental Industrial Hygienists, the applicant shall satisfy the Beloit Health Commissioner that proposed levels will be safe to the general population.

8-805

ODORS. The release of odorous matter from any lot in a Manufacturing district shall be so controlled that, at ground level or at habitable elevations, the concentration shall not exceed the odor threshold. Further, the release of odorous matter across lot lines shall not become a nuisance or source of discomfort to neighboring uses. In addition, the emission of odorous matter in such manner or quantity as to be detrimental to or endanger the public health, safety, comfort or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful.

8-806

GLARE. In any Manufacturing district, any operation or activity producing intense glare shall be so conducted that direct and indirect illumination from the source of light shall not cause illumination in excess of one footcandle power intensity when measured at any Residential district boundary line. Flickering or intense sources of light shall be so controlled as not to cause a nuisance across any lot lines.

8-807

FIRE AND EXPLOSIVE HAZARDS. Activities involving the storage, utilization, or manufacture of materials or products, which decompose by detonation are permitted only in accordance with the regulations of each district. Such materials shall include, but shall not be limited to: all primary explosives such as lead azide, lead styphnate, fulminates and tetracaine; all high explosives such as TNT, RDS, HMX, PETN, and picric acts; propellants and components thereof, such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; unstable organic compounds such as acetylides, tetrazoles and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates, and hydrogen peroxide in concentrations greater than 35 percent; and nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239. Where permitted, materials which decompose by detonation shall be handled, stored, utilized, or manufactured in accordance with the applicable rules and regulations of the Wisconsin State Industrial Commission.

a.

M-1 District.

1.

Activities involving the manufacture, storage, and utilization of materials or products, which decompose by detonation are prohibited.

2.

The storage, utilization, or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.

3.

The storage, utilization, or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted provided that said materials or products are stored, manufactured, or utilized in fire-resistant and fire-protected buildings or spaces. Said materials or products may be stored outdoors but no closer than 50 feet to property lines.

4.

The storage (exclusive of finished products in original sealed containers), utilization, or manufacture of flammable liquids or materials, which produce flammable or explosive vapors or gases shall be permitted in accordance with the following table:

Total Quantities of Flammable Materials
Permitted in an M-1 District (gallons)

Note: When flammable gases are stored, utilized, or manufactured and measured in cubic feet, the quantity in cubic feet (at standard temperature and pressure) permitted shall not exceed 30 times the quantities as listed above.

b.

M-2 District.

1.

Activities involving the manufacture, storage, or utilization of materials or products which, decompose by detonation, are permitted in accordance with the rules and regulations of the Wisconsin Industrial Commission and the Beloit Fire Department.

2.

The storage, utilization, or manufacture of solid materials ranging from incombustible to intense burning is permitted, subject to the rules and regulations of the Wisconsin Industrial Commission and the Beloit Fire Department.

3.

The storage, exclusive of finished products in original sealed containers, utilization or manufacture of flammable liquids or materials which produce flammable or explosive vapors or gases shall be permitted in accordance with the following table:

Total Quantities of Flammable Materials
Permitted in an M-2 District (gallons)

Note: When flammable gases are stored, utilized, or manufactured and measured in cubic feet, the quantity in cubic feet (at standard temperature and pressure) permitted shall not exceed 30 times the quantities as listed above.

[1] Except that within 300 feet of an M-2 district Boundary, no more than 50,000 gallons per 100 linear feet running along the district boundary shall be permitted.

8-901

FINDINGS OF FACT AND STATEMENT OF INTENT. The City Council finds that runoff from land disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in the City. The intent of this ordinance is to require use of best management practices to reduce the amount of sediment and other pollutants resulting from land disturbing construction activities on sites that do not include the construction of a building and are otherwise regulated by the Wisconsin Department of Safety and Professional Services in SPS 321.125 or SPS 360, Wis. Adm. Code. Use of this ordinance will foster consistent, statewide application of the construction site performance standards for new development and redevelopment contained in subchapters III and IV of NR 151, Wis. Adm. Code.

8-902

AUTHORITY. This ordinance is adopted under the authority granted by §62.234, Wis. Stats. This ordinance supersedes all provisions of an ordinance previously enacted under §62.23, Wis. Stats. that relate to construction site erosion control. Except as otherwise specified in §62.234, Wis. Stats., §62.23, Wis. Stats. applies to this ordinance and to any amendments to this ordinance.

a.

The provisions of this ordinance are deemed not to limit any other lawful regulatory powers of the City Council.

b.

The City Council hereby designates the City Engineer to administer and enforce the provisions of this ordinance.

c.

The requirements of this ordinance do not preempt 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 §§281.16 and 283.33, Wis. Stats.

2.

Targeted nonagricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under NR 151.004, Wis. Adm. Code.

8-903

PURPOSE. It is the purpose of this ordinance to further the maintenance of safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion; 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, by minimizing the amount of sediment and other pollutants carried by runoff or discharged from land disturbing construction activity to waters of the state in the City of Beloit.

8-904

APPLICABILITY AND JURISDICTION.

a.

Applicability.

1.

Except as provided under paragraph (b), this ordinance applies to any construction site, as that term is defined in Section 8-905, which has one or more acres of land disturbing construction activity.

2.

This ordinance does not apply to the following:

(a)

Transportation facilities, except transportation facility construction projects that are part of a larger common plan of development such as local roads within a residential or industrial development.

(b)

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.

(c)

Nonpoint discharges from agricultural facilities and practices.

(d)

Nonpoint discharges from silviculture activities.

(e)

Routine maintenance for project sites under 5 acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.

3.

Notwithstanding the applicability requirements in paragraph (a), of this section, this ordinance applies to construction sites of any size that, in the opinion of the City Engineer are 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.

b.

Jurisdiction. This ordinance applies to land disturbing construction activity on construction sites located within the boundaries and jurisdiction of the City, as well as all lands located within the extraterritorial plat approval of the City, even if plat approval is not involved.

c.

Exclusions. This ordinance is not applicable to activities conducted by a state agency, as defined under §227.01(1), Wis. Stats.

8-905

DEFINITIONS. The following words, terms, phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Agricultural Facilities and Practices has the meaning in §281.16(1), Wis. Stats.

Average Annual Rainfall means a calendar year of precipitation, excluding snow, which is considered typical.

Best Management Practice orBMP means structural or non-structural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.

Business Day means a day the office of the City Engineer is routinely and customarily open for business.

Cease and Desist Order means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit.

City Engineer means the City Engineer or a designated representative of the City Engineer.

Construction Site means an area upon which one or more land disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land disturbing construction activities may be taking place at different times on different schedules but under one plan.

Design Storm means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall.

Division of Land means the division of a lot, tract or parcel of land into 2 or more lots, tracts, parcels or other divisions of land for sale, development or lease.

Erosion means the process by which the land's surface is worn away by the action of wind, water, ice or gravity.

Erosion and Sediment Control Plan means a comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.

Extraterritorial means the unincorporated area within 3 miles of the corporate limits of the City.

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.

Governing Body means the City Council.

Land Disturbing Construction Activity or Disturbance means any manmade 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, and soil stockpiling.

Landowner means any person holding fee title, an easement or other interest in property, which allows the person to undertake cropping, livestock management, and land disturbing construction activity or maintenance of storm water BMPs on the property.

Maximum Extent Practicable or MEP means a level of implementing best management practices in order to achieve a performance standard specified in this ordinance which takes into account the best available technology, cost effectiveness and other competing issues such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. MEP allows flexibility in the way to meet the performance standards and may vary based on the performance standard and site conditions.

Performance Standard means a narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.

Permit means a written authorization made by the City Engineer to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.

Pollutant has the meaning given in §283.01(13), Wis. Stats.

Pollution has the meaning given in §281.01(10), Wis. Stats.

Responsible Party means the landowner or any other entity performing services to meet the requirements of this ordinance through a contract or other agreement.

Runoff means stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.

Sediment means settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.

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.

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, which 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 draining to a stormwater treatment device or system.

d.

Discharges directly or indirectly to waters of the state.

Site means the entire area included in the legal description of the land on which the land disturbing construction activity is proposed in the permit application.

Stop Work Order means an order issued by the City Engineer which requires that all construction activity on the site be stopped.

Technical Standard means a document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.

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 §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 Department of Natural Resources pursuant to §281.33, Wis. Stats.

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.

8-906

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 City Engineer'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.

8-907

TECHNICAL STANDARDS. All BMPs required to comply with this ordinance shall meet the design criteria, standards and specifications based on any of the following:

a.

Design guidance and technical standards identified or developed by the Wisconsin Department of Natural Resources under Subch. V of NR 151, Wis. Adm. Code.

b.

Soil loss prediction tools (such as the Universal Soil Loss Equation (USLE)) when using an appropriate annual rainfall or runoff factor, also referred to as the R factor, or an appropriate design storm and precipitation distribution, and when considering the geographic location of the site and the period of disturbance.

c.

Technical standards not identified or developed in this section may be used provided that the methods have been approved by the City Engineer.

8-908

PERFORMANCE STANDARDS.

a.

Responsible Party. The responsible party shall implement an erosion and sediment control plan, developed in accordance with Section 8-910 that incorporates the requirements of this section.

b.

Plan. A written erosion and sediment control plan shall be developed in accordance with Section 8-910 and implemented for each construction site.

c.

Requirements. The erosion and sediment control plan shall meet the following minimum requirements to the maximum extent practicable:

1.

Erosion and Sediment Control Practices. Erosion and sediment control practices at each site where land disturbing construction activity is to occur shall be used to prevent or reduce all of the following:

(a)

The deposition of soil from being tracked onto streets by vehicles.

(b)

The discharge of sediment from disturbed areas into on-site storm water inlets.

(c)

The discharge of sediment from disturbed areas into adjacent waters of the state.

(d)

The discharge of sediment from drainage ways that flow off the site.

(e)

The discharge of sediment by dewatering activities.

(f)

The discharge of sediment eroding from soil stockpiles existing for more than 7 days.

(g)

The discharge of sediment from erosive flows at outlets and in downstream channels.

(h)

The transport by runoff into waters of the state of chemicals, cement, and other building compounds and materials on the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subdivision.

(i)

The transport by runoff into waters of the state of untreated wash water from vehicle and wheel washing.

2.

Sediment Performance Standards. In addition to the erosion and sediment control practices under paragraph (a), the following erosion and sediment control practices shall be employed:

(a)

BMPs that, by design, discharge no more than 5 tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization.

(b)

No person shall be required to employ more BMPs than are needed to meet a performance standard in order to comply with maximum extent practicable. Erosion and sediment control BMPs may be combined to meet the requirements of this paragraph. Credit may be given toward meeting the sediment performance standard of this paragraph for limiting the duration or area, or both, of land disturbing construction activity, or for other appropriate mechanisms.

(c)

Notwithstanding subparagraph (a), if BMPs cannot be designed and implemented to meet the sediment performance standard, the erosion and sediment control plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.

3.

Preventative Measures. The erosion and sediment control plan shall incorporate all of the following:

(a)

Maintenance of existing vegetation, especially adjacent to surface waters whenever possible.

(b)

Minimization of soil compaction and preservation of topsoil.

(c)

Minimization of land disturbing construction activity on slopes of 20 percent or more.

(d)

Development of spill prevention and response procedures.

4.

Location. The BMPs used to comply with this section shall be located prior to runoff entering waters of the state.

d.

Implementation. The BMPs used to comply with this section shall be implemented as follows:

1.

Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin in accordance with the erosion and sediment control plan developed in subsection a.

2.

Erosion and sediment control practices shall be maintained until final stabilization.

3.

Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site.

4.

Temporary stabilization activity shall commence when land disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.

5.

BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.

e.

Alternate Requirements. The City Engineer may establish requirements more stringent than those set forth in this section if the City Engineer determines that an added level of protection is needed for sensitive resources.

8-909

PERMITTING REQUIREMENTS, PROCEDURES AND FEES.

a.

Permit Required. No person may commence a land disturbing construction activity subject to this ordinance without receiving prior written approval of an erosion and sediment control plan for the site and a permit from the City Engineer.

b.

Permit Application and Fees. At least one responsible party desiring to undertake a land disturbing construction activity subject to this ordinance shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of Section 8-910 and shall pay to the City an application fee as established by City Council resolution. By submitting an application, the applicant is authorizing the City Engineer to enter the site to obtain information required for the review of the erosion and sediment control plan.

c.

Review and Approval of Permit Application. The City Engineer shall review any permit application that is submitted with an erosion and sediment control plan, and the required fee. The following approval procedure shall be used:

1.

Within 30 business days of the receipt of a complete permit application, as required by subsection b. of this section, the City Engineer shall either issue or deny the permit based on the requirements of this ordinance.

2.

If the permit application and plan are approved, the City Engineer shall issue the permit in writing.

3.

If the permit application or plan is disapproved, the City Engineer shall state in writing the reasons for disapproval.

4.

The City Engineer may request additional information from the applicant. If additional information is submitted, the City Engineer shall have 30 business days from the date the additional information is received to either issue or deny the permit.

5.

Failure by the City Engineer to issue a decision within 30 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.

d.

Surety Bond. As a condition of approval and issuance of the permit, the City Engineer, or his designee, may require the applicant to deposit a surety bond, cash escrow, or irrevocable letter of credit to guarantee a good faith execution of the approved erosion control plan and any permit conditions.

e.

Permit Requirements. All permits shall require the responsible party to:

1.

Notify the City Engineer within 48 hours of commencing any land disturbing construction activity.

2.

Notify the City Engineer of completion of any BMPs within 10 business days after their installation.

3.

Obtain permission in writing from the City Engineer prior to any modification pursuant to Section 8-910(c) of the erosion and sediment control plan.

4.

Install all BMPs as identified in the approved erosion and sediment control plan.

5.

Maintain all road drainage systems, stormwater drainage systems, BMPs 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 weekly inspection reports.

7.

Inspect the BMPs within 24 hours after each rain of 0.5 inches or more which results in runoff during active construction periods, and at 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 City Engineer to enter the site for the 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, stormwater management plan, amendments, weekly inspection reports, and permit at the construction site until permit coverage is terminated.

9.

The permit applicant shall post the "Certificate of Permit Coverage" in a conspicuous location at the construction site.

f.

Permit Conditions. Permits issued under this section may include conditions established by the City Engineer in addition to the requirements set forth in subsection e. of this section where needed to assure compliance with the performance standards in Section 8-908.

g.

Permit Duration. Permits issued under this section shall be valid for a period of 180 days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The City Engineer may extend the period one or more times for up to an additional 180 days, provided a written request is received and approved by the City Engineer. The City Engineer may require additional BMPs as a condition of the extension if they are necessary to meet the requirements of this ordinance.

h.

Maintenance. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of this ordinance until the site has undergone final stabilization.

8-910

EROSION AND SEDIMENT CONTROL PLAN, STATEMENT, AND AMENDMENTS.

a.

Erosion and Sediment Control Plan Statement. For each construction site identified under Section 8-904 an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the City Engineer. The control plan statement shall briefly describe the site, including a site map. Further, it shall also include the best management practices that will be used to meet the requirements of the ordinance, including the site development schedule.

b.

Plan Requirements.

1.

An erosion and sediment control plan shall be prepared and submitted to the City Engineer.

2.

The erosion and sediment control plan shall be designed to meet the performance standards in Section 8-908 and other requirements of this ordinance.

3.

The erosion and sediment control plan shall address 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 items:

(a)

Name(s), address(es), and telephone number(s) of the owner or 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 application shall also include start and end dates for construction.

(b)

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 map.

(c)

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.

(d)

Estimates of the total area of the site and the total area of the site that is expected to be disturbed by construction activities.

(e)

Calculations to show the compliance with the performance standard in Section 8-908.c.2(a).

(f)

Existing data describing the surface soil as well as subsoils.

(g)

Depth to groundwater, as indicated by Natural Resources Conservation Service soil information where available.

(h)

Name of the immediate named receiving water from the United States Geological Service 7.5 minute series topographic map.

4.

The erosion and sediment control plan shall include a site map. The site map shall include the following items and shall be at a scale not greater than 100 feet per inch and at a contour interval not to exceed 5 feet.

(a)

Existing topography, vegetative cover, natural and engineered drainage systems, roads and surface waters. Lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site shall be shown. Any identified 100-year flood plains, flood fringes and floodways shall also be shown.

(b)

Boundaries of the construction site.

(c)

Drainage patterns and approximate slopes anticipated after major grading activities.

(d)

Areas of soil disturbance.

(e)

Location of major structural and non-structural controls identified in the plan.

(f)

Location of areas where stabilization practices will be employed.

(g)

Areas which will be vegetated following construction.

(h)

Aerial extent of wetland acreage on the site and locations where stormwater is discharged to a surface water or wetland within one-quarter mile downstream of the construction site.

(i)

Area(s) used for infiltration of post-construction stormwater runoff.

(j)

An alphanumeric or equivalent grid overlying the entire construction site map.

5.

Each erosion and sediment control plan shall include 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 measures for each major activity and the timing during the construction process that the measures will be implemented. The description of erosion controls shall include, when appropriate, the following minimum requirements:

(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.

(b)

Description of structural practices to divert flow away from exposed soils, store flows or otherwise limit runoff and the discharge of pollutants from the site. Unless otherwise specifically approved in writing by the City Engineer, or his designee, structural measures shall be installed on upland soils.

(c)

Management of overland flow at all sites, unless otherwise controlled by outfall controls.

(d)

Trapping of sediment in channelized flow.

(e)

Staging construction to limit bare areas subject to erosion.

(f)

Protection of downslope drainage inlets where they occur.

(g)

Minimization of tracking at all vehicle and equipment entry and exit locations of the construction site.

(h)

Cleanup of off-site sediment deposits.

(i)

Proper disposal of building and waste materials at all sites.

(j)

Stabilization of drainage ways.

(k)

Installation of permanent stabilization practices as soon as possible after final grading.

(l)

Minimization of dust to the maximum extent practicable.

6.

The erosion and sediment control plan shall require that the 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 watercourse so that the natural physical and biological characteristics and functions are maintained and protected.

c.

Amendments. The applicant shall amend the plan if any of the following occur:

1.

There is a change in design, construction, operation or maintenance at the site which has the reasonable potential for the discharge of pollutants to waters of the state and which has not otherwise been addressed in the plan.

2.

The actions required by the plan fail to reduce the impacts of pollutants carried by construction site runoff.

3.

The City Engineer notifies the applicant of changes needed in the plan.

4.

A request for an amendment shall be submitted in a detailed written application within 30 days of occurrence of any event as set out in paragraph 1., 2., or 3. and shall require payment of an additional fee as established by city council resolution. The amended plan shall be subject to the same procedures, review, issuance and denial standards as set out in Section 8-909(c).

8-911

FEE SCHEDULE. The fees referred to in other sections of this ordinance shall be established by City Council resolution. A schedule of fees shall be available for inspection at the office of the City Engineer.

8-912

INSPECTION. If it reasonably appears to the City of Beloit that land disturbing construction activities are being carried out without a permit required by this ordinance, the City Engineer, or his designee, may enter the land pursuant to the provisions of §66.0119, Wis. Stats.

8-913

ENFORCEMENT.

a.

The City Engineer 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 a permit.

2.

The erosion and sediment control plan is not being implemented in a good faith manner.

3.

The conditions of the permit are not being met.

4.

An amended plan has not been timely applied for and/or permitted.

b.

If the responsible party does not cease activity as required in a stop work order posted under this section or fails to comply with the erosion and sediment control plan or permit conditions, the City Engineer may revoke the permit.

c.

If the responsible party, where no permit has been issued, does not cease the activity after being notified by the City Engineer or if a responsible party violates a stop work order posted under subsection a. the City Engineer may request the Beloit City Attorney to obtain a cease and desist order in any court with jurisdiction.

d.

The Board of Appeals may retract a stop work order issued under subsection a. or a permit revocation under subsection b.

e.

After posting a stop work order under subsection a., the City Engineer may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this ordinance. The City Engineer may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the City Engineer, plus interest at the rate authorized by City Council, shall be billed to the responsible party or recovered from the surety bond, cash escrow, or irrevocable letter of credit. In the event a responsible party fails to pay the amount due, it shall be imposed as a special charge against real property pursuant to §66.0627, Wis. Stats, to the extent authorized by law. If the special charge is not paid within the time specified in the notice to the property owner, the delinquent special charge shall be entered on the tax roll for collection and settlement under Ch. 74, Wis. Stats.

f.

Any person violating any of the provisions of this ordinance shall be subject to a forfeiture as provided in §25.04(1) of this Code of General Ordinances of the City of Beloit. Each day a violation exists shall constitute a separate offense.

g.

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.

8-914

APPEALS.

a.

Board of Appeals. The Board of Appeals created under §1.77 of the Code of General Ordinances of the City of Beloit pursuant to §62.23(7)(e), Wis. Stats.:

1.

Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the City Engineer in administering this ordinance except for cease and desist orders obtained under Section 8-913(c).

2.

Upon appeal, may authorize variances from the provisions of this ordinance pursuant to Section 2-900 of this Chapter 19, Zoning Code which are not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship; and

3.

Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.

b.

Who May Appeal. Appeals to the Board of Appeals may be taken by any aggrieved person or by any office, department, or board of the City of Beloit affected by any decision of the City Engineer.

8-915

SEVERABILITY. If a court of competent jurisdiction judges any section, clause, provision or portion of this ordinance unconstitutional or invalid, the remainder of the ordinance shall remain in force and not be affected by such judgment.

8-1001

FINDINGS OF FACT. The intent of this ordinance is to reduce the discharge of pollutants carried in stormwater runoff to waters of the state. The City Council finds that 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. Specifically, uncontrolled post-construction runoff can:

a.

Degrade physical stream habitat by increasing stream bank erosion, increasing streambed scour, diminishing groundwater recharge, diminishing stream base flows and increasing stream temperature.

b.

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.

c.

Alter wetland communities by changing wetland hydrology and by increasing pollutant loads.

d.

Reduce the quality of groundwater by increasing pollutant loading.

e.

Threaten public health, safety, property and general welfare by overtaxing storm sewers, drainage ways, and other minor drainage facilities.

f.

Threaten public health, safety, property and general welfare by increasing major flood peaks and volumes.

g.

Undermine floodplain management efforts by increasing the incidence and levels of flooding.

8-1002

AUTHORITY.

a.

This ordinance is adopted by the authority granted by §62.234, Wis. Stats. This ordinance supersedes all provisions of an ordinance previously enacted under §62.23, Wis. Stats., that relate to stormwater management regulations. Except as otherwise specified in §62.234, Wis. Stats., §62.23, Wis. Stats., applies to this ordinance and to any amendments to this ordinance.

b.

The provisions of this ordinance are deemed not to limit any other lawful regulatory powers of the City.

c.

The City Council hereby designates the City Engineer to administer and enforce the provisions of this ordinance.

d.

The requirements of this ordinance do not preempt more stringent stormwater 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 §§281.16 and 283.33, Wis. Stats.

2.

Targeted nonagricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under NR 151.004, Wis. Adm. Code.

8-1003

PURPOSE AND INTENT.

a.

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:

1.

Further the maintenance of safe and healthful conditions.

2.

Prevent and control the adverse effects of stormwater; 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.

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.

4.

Minimize the amount of pollutants discharged from the separate storm sewer to protect the waters of the state.

b.

Intent. It is the intent of the City Council that this ordinance regulates post-construction stormwater discharges and associated pollutants to waters of the state. This ordinance may be applied on a site-by-site basis. The City Council recognizes, however, that the preferred method of achieving the stormwater performance standards set forth in this ordinance is through the preparation and implementation of comprehensive, systems-level stormwater management plans that cover hydrologic units, such as watersheds, on a municipal and regional scale. Such plans may prescribe regional stormwater 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 §281.16, Wis. Stats., for regional stormwater management measures and have been approved by the City Council, it is the intent of this ordinance that the approved plan be used to identify post-construction management measures acceptable for the community.

8-1004

APPLICABILITY AND JURISDICTION.

a.

Applicability.

1.

Except as provided under paragraph 2., this ordinance applies after final stabilization to site in which land disturbing construction activity occurs during construction meeting any of the following criteria:

(a)

A construction site that had one or more acres of land disturbing construction activity.

(b)

Construction activities under this ordinance which are less than one acre, but are part of a larger construction site that in total disturbs more than one acre.

2.

A site or discharge that meets any of the criteria in this paragraph is exempt from the requirements of this ordinance.

(a)

A post-construction site with less than 10 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 paragraph does not include exemption from the protective area standard of this ordinance.

(b)

Nonpoint discharges from agricultural facilities and practices.

(c)

Nonpoint discharges from silviculture activities.

(d)

Routine maintenance for project sites under 5 acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.

(e)

Underground utility construction, including, but not limited to, water, sewer and fiber optic lines. This exemption does not apply to the construction of any aboveground structures associated with utility construction.

3.

Notwithstanding the applicability requirements in paragraph 1., this ordinance applies to post-construction sites of any size that, in the opinion of the City Engineer 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.

b.

Jurisdiction. This ordinance applies to post-construction sites within the boundaries and jurisdiction of the City, as well as all lands located within the extraterritorial plat approval jurisdiction of the City, even if plat approval is not involved.

c.

Exclusions. This ordinance is not applicable to activities conducted by a state agency, as defined under §227.01(1), Wis. Stats.

8-1005

DEFINITIONS. The following words, terms, phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Adequate Sod or Self-Sustaining Vegetative Cover means maintenance of sufficient vegetation types and densities such that physical integrity of the streambank or lakeshore is preserved. Self-sustaining vegetative cover includes grasses, forbes, sedges and duff layers of fallen leaves and woody debris.

Agricultural Facilities and Practices has the meaning given in §281.16, Wis. Stats.

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.

Average Annual Rainfall means a calendar year of precipitation, excluding snow, which is considered typical.

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.

Business Day means a day the office of the City Engineer, or his or her designee, is routinely and customarily open for business.

Cease and Desist Order means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit.

City Engineer means the City Engineer or a designated representative of the City Engineer.

Combined Sewer System means a system for conveying both sanitary sewage and stormwater runoff.

Connected Imperviousness means an impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious flow path.

Design Storm means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.

Development means residential, commercial, industrial or institutional land uses and associated roads.

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.

Division of Land means the division of a lot, tract or parcel of land into 2 or more lots, tracts, parcels or other divisions of land for sale, development or lease.

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.

Erosion means the process by which the land's surface is worn away by the action of wind, water, ice or gravity.

Exceptional Resource Waters means waters listed in NR 102.11, Wis. Adm. Code.

Extraterritorial means the unincorporated area within 3 miles of the corporate limits of the City of Beloit.

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 and equivalent level of protection as determined by the regulatory authority for the site.

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 employment of equivalent permanent stabilization measures.

Financial Guarantee means a performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to and approved in writing by the City Engineer, or his or her designee, by the responsible party to assure that requirements of the ordinance are carried out in compliance with the stormwater management plan.

Governing Body means the City Council.

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, parking lots and streets are examples of areas that typically are impervious.

In-Fill Area means an undeveloped area of land located within existing development.

Infiltration means the entry of precipitation or runoff into or through the soil.

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.

Karst Feature means an area or surficial geologic feature subject to bedrock dissolution so that it is likely to provide a conduit to groundwater, and may include caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs, seeps or swallets.

Land Disturbing Construction Activity means any manmade 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.

Landowner means any person holding fee title, an easement or other interest in property, which allows the person to undertake cropping, livestock management, and land disturbing construction activity or maintenance of storm water BMPs on the property.

Maintenance Agreement means a legal document that provides for long-term maintenance of stormwater management practices.

Maximum Extent Practicable or MEP means a level of implementing best management practices in order to achieve a performance standard specified in this ordinance which takes into account the best available technology, cost effectiveness and other competing issues such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. MEP allows flexibility in the way to meet the performance standards and may vary based on the performance standard and site conditions.

New Development means development resulting from the conversion of previously undeveloped land or agricultural land uses.

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.

Off-Site means located outside the property boundary described in the permit application.

On-Site means located within the property boundary described in the permit application.

Ordinary High-Water Mark has the meaning given in NR 115.03(6), Wis. Adm. Code.

Outstanding Resource Waters means waters listed in NR 102.10, Wis. Adm. Code.

Percent Fines means the percentage of a given sample of soil, which passes through a #200 sieve.

Performance Standard means a narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.

Permit means a written authorization made by the City Engineer, or his or her designee, to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.

Permit Administration Fee means a sum of money paid to the City Engineer, or his her designee, by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.

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.

Pollutant has the meaning given in §283.01(13), Wis. Stats.

Pollution has the meaning given in §281.01(10), Wis. Stats.

Post-Construction Site means a construction site following the completion of land disturbing construction activity and final site stabilization.

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.

Preventive Action Limit has the meaning given in NR 140.05(17), Wis. Adm. Code.

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.

Redevelopment means areas where development is replacing older development.

Responsible Party means any person or entity holding fee title to the property or contracted or obligated by this ordinance or other agreement to implement and maintain post-construction stormwater BMPs.

Runoff means stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.

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, which 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 draining to a stormwater treatment device or system.

d.

Discharges directly or indirectly to waters of the state.

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.

Site means the entire area included in the legal description of the land on which the land disturbing construction activity occurred.

Stop Work Order means an order issued by the City Engineer, or his or her designee, which requires that all construction activity on the site be stopped.

Stormwater Management Plan means a comprehensive plan designed to reduce the discharge of pollutants from stormwater after the site has undergone final stabilization following completion of the construction activity.

Stormwater Management System Plan is a comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.

Technical Standard means a document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.

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.

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.

TP-40 means Technical Paper No. 40, Rainfall Frequency Atlas of the United States, published in 1961.

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.

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 §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 Department of Natural Resources pursuant to §281.33, Wis. Stats.

TSS means total suspended solids.

Type II Distribution means a rainfall type curve as established in the "United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published 1973." The Type II curve is applicable to all of Wisconsin and represents the most intense storm pattern.

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.

8-1006

APPLICABILITY OF MAXIMUM EXTENT PRACTICABLE. Maximum extent practicable applies when a person who is subject to a performance standard of this subchapter demonstrates to the City Engineer'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.

8-1007

TECHNICAL STANDARDS. The following methods shall be used in designing the water quality, peak flow shaving and infiltration components of stormwater practices needed to meet the water quality standards of this ordinance:

a.

Technical standards identified, developed or disseminated by the Wisconsin Department of Natural Resources under Subch. V of NR 151, Wis. Adm. Code.

b.

Where 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 City Engineer.

c.

In this ordinance, the following year and location has been selected as average annual rainfall: Madison, 1981 (Mar. 12-Dec. 2).

8-1008

PERFORMANCE STANDARDS.

a.

Responsible Party. The responsible party shall implement a post-construction stormwater management plan that incorporates the requirements of this section.

b.

Plan. A written stormwater management plan in accordance with Section 8-1010 shall be developed and implemented for each post-construction site. The submitted plan shall describe how the performance standards of this ordinance will be met.

c.

Maintenance of Effort. For redevelopment sites where the redevelopment will be replacing older development that was subject to post-construction performance standards of this chapter 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 are more stringent.

d.

Requirements. The plan required under subsection b. shall include the following:

1.

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:

(a)

BMPS shall be designed in accordance with Table 1 or to the maximum extent practicable as provided in subparagraph 2. The design shall be based on an average annual rainfall, as compared to no runoff management controls.

(b)

Maximum Extent Practicable. If the design cannot meet a total suspended solids reduction performance standard of Table 1, the stormwater 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.

(c)

Off-Site Drainage. When designing BMPs, runoff draining to the BMP from offsite 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.

2.

Peak Discharge.

(a)

By design, BMPs shall be employed to maintain or reduce the peak runoff discharge rates, to the maximum extent practicable, as compared to predevelopment conditionally the one-year, 2-year and 5-year, 24-hour design storm applicable to the post-construction site. The 100-year, 24-hour design storm event applicable to the post-construction site shall be stored and the release rate from the storage facility shall not exceed the predeveloped 10-year peak discharge rate from the site. The storage volume shall be determined using routing calculations or a City-approved methodology. Predevelopment conditions shall assume "good hydrologic conditions" for appropriate land covers as identified in TR-55 or an equivalent methodology. Atlas 14 precipitation depths, and the NRCS Wisconsin MSE3 precipitation distribution. On a case-by-case basis, the City Engineer may allow the use of TP-40 precipitation depths and the Type II distribution. The meaning of "hydrologic soil group" and "runoff curve number" are as determined in TR-55. However, when predevelopment land cover is cropland, rather than using TR-55 values for cropland, the runoff curve numbers in Table 2 shall be used.

(b)

This subsection of the ordinance does not apply to any of the following:

(1)

A post-construction site where the discharge is directly into the Rock River without first passing through any portion of the municipally owned or operated storm water conveyance system.

(2)

Except as provided under subsection c., a redevelopment post-construction site.

(3)

An in-fill development area less than 5 acres.

3.

Infiltration.

(a)

Best Management Practices. BMPs shall be designed, installed, and maintained to infiltrate runoff to the maximum extent practicable in accordance with the following:

(1)

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 postdevelopment infiltration volume shall be at least 90 percent of the predevelopment 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.

(2)

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.

(3)

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.

(b)

Pre-Development. The pre-development condition shall be the same as specified in Table 2 of the Peak Discharge section of this ordinance.

(c)

Source Areas.

(1)

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 subsection d.3.(f):

a)

Areas associated with a tier 1 industrial facility identified in NR 216.21(2)(a), Wis. Adm. Code, including storage, loading and parking. Rooftops may be infiltrated with the concurrence of the regulatory authority.

b)

Storage and loading areas of a tier 2 industrial facility identified in NR 216.21(2)(b), Wis. Adm. Code.

c)

Fueling and vehicle maintenance areas. Runoff from rooftops of fueling and vehicle maintenance areas may be infiltrated with the concurrence of the regulatory authority.

(2)

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:

a)

Parking areas and access roads less than 5,000 square feet for commercial development.

b)

Parking areas and access roads less than 5,000 square feet for industrial development not subject to the Prohibitions under par a.

c)

Except as provided under subsection c., redevelopment post-construction sites.

d)

In-fill development areas less than 5 acres.

e)

Roads on commercial, industrial and institutional land uses, and arterial residential roads.

(d)

Location of Practices.

(1)

Prohibitions. Infiltration practices may not be located in the following areas:

a)

Areas within 1,000 feet upgradient or within 100 feet downgradient of direct conduits to groundwater.

b)

Areas within 400 feet of a community water system well as specified in NR 811.16(4), Wis. Adm. Code or within the separation distances listed in 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.

c)

Areas where contaminants of concern, as defined in NR 720.03(2), Wis. Adm. Code are present in the soil through which infiltration will occur.

(2)

Separation distances.

a)

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 4:

b)

Notwithstanding paragraph b., applicable requirements for injection wells classified under NR 815 Wis. Adm. Code shall be followed.

(3)

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 these conditions is optional:

a)

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.

b)

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.

(e)

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.

(f)

Groundwater Standards.

(1)

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 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.

(2)

Notwithstanding paragraph (1), the discharge from BMPs shall remain below the enforcement standard at the point of standards application.

(g)

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 subparagraph (f). Pretreatment options may include, but are not limited to, oil and grease separation, sedimentation, biofiltration, filtration, swales or filter strips.

(h)

Maximum Extent Practicable. Where the conditions of subparagraphs (c) and (d) limit or restrict the use of infiltration practices, the performance standard of subsection d.3. shall be met to the maximum extent practicable.

4.

Protective Areas.

(a)

"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. However, in this paragraph, "protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location.

(1)

For outstanding resource waters and exceptional resource waters, 75 feet.

(2)

For 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, 50 feet.

(3)

For lakes, 50 feet.

(4)

For wetlands not subject to paragraph e. or f., 50 feet.

(5)

For highly susceptible wetlands, 50 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.

(6)

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 wetlands 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.

(7)

In paragraphs (1) to (6), 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 NR 103.03, Wis. Adm. Code.

(8)

Wetland boundary delineation shall be made in accordance with NR 103.08(1m), Wis. Adm. Code. This paragraph 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.

(9)

For concentrated flow channels with drainage areas greater than 130 acres, 10 feet.

(10)

Notwithstanding paragraphs (1) to (9), the greatest protective area width shall apply where rivers, streams, lakes and wetlands are contiguous.

(b)

Applicability. This paragraph applies to post-construction sites located within a protective area, except those areas exempted pursuant to subparagraph (d).

(c)

Requirements. The following requirements shall be met:

(1)

Impervious surfaces shall be kept out of the protective area entirely or to the maximum extent practicable. The stormwater management plan shall contain a written site-specific explanation for any parts of the protective area that are disturbed during construction.

(2)

Where land disturbing construction activity occurs within a protective area, and where no impervious surface is present, adequate sod or self-sustaining vegetative cover of 70 percent or greater shall be established and maintained. 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.

(3)

Best management practices such as filter strips, swales, or wet detention basins, which are designed to control pollutants from non-point sources may be located in the protective area.

(d)

Exemptions. This section does not apply to:

(1)

Except as provided under subsection c., redevelopment post-construction sites.

(2)

In-fill development areas less than 5 acres.

(3)

Structures that cross or access surface waters such as boat landings, bridges and culverts.

(4)

Structures constructed in accordance with §59.692(1v), Wis. Stats.

(5)

Areas of post-construction sites from which 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.

5.

Fueling and Vehicle Maintenance Areas. Fueling and vehicle maintenance areas shall, to the maximum extent practicable, have BMPs designed, installed and maintained to reduce petroleum within runoff, such that the runoff that enters waters of the state contains no visible petroleum sheen.

6.

Swale Treatment for Transportation Facilities.

(a)

Requirement. Except as provided in subparagraph (b), 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 to the maximum extent practicable:

(1)

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.

(2)

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 Infiltration Swales", dated May 2007, or a superseding document. Transportation facility swale treatment does not have to comply with other sections of technical standard 1005.

(b)

Other Requirements.

(1)

Notwithstanding subparagraph (a), the City Engineer 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 one of the following:

a)

An outstanding resource water.

b)

An exceptional resource water.

c)

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.

d)

Water where targeted performance standards are developed pursuant to NR 151.004, Wis. Adm. Code.

(2)

The transportation facility authority shall contact the City Engineer to determine if additional BMPs beyond a water quality swale are needed under this subsection.

e.

General Considerations for On-Site and Off-Site Stormwater 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 extent possible, to meet the requirements of this section.

2.

Emergency overland flow for all stormwater facilities shall be provided to prevent exceeding the safe capacity of downstream drainage facilities and prevent endangerment of downstream property or public safety.

f.

BMP Location.

1.

To comply with the performance standards required under 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 NR 151.003, Wis. Adm. Code.

2.

The City Engineer may approve off-site management measures provided that all of the following conditions are met:

(a)

The City Engineer determines that the post-construction runoff is covered by a storm water management system plan that is approved by the City that contains management requirements consistent with the purpose and intent of this ordinance.

(b)

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 on-site practices meeting the performance standards of this ordinance.

(3)

The facility has a legally obligated entity responsible for its long-term operation and maintenance.

3.

Post-construction runoff within a non-navigable surface water that flows into a BMP, such as a wet detention pond, is not required to meet the performance standards of this ordinance. Post-construction BMPs may be located in non-navigable surface waters.

4.

Except as allowed under subsection 5., post-construction runoff from new development shall meet the post-construction performance standards prior to entering a navigable surface water.

5.

Post-construction runoff from any development within a navigable surface water that flows into a BMP is not required to meet the performance standards of this ordinance if:

(a)

The BMP was constructed prior to the effective date of this ordinance and the BMP either received a permit issued under Ch. 30, Wis. Stats., or the BMP did not require a Ch. 30, Wis. Stats., permit; and

(b)

The BMP is designed to provide runoff treatment from future upland development.

6.

Runoff from existing development, redevelopment and in-fill areas shall meet the post-construction performance standards in accordance with this paragraph.

(a)

To the maximum extent practicable, BMPs shall be located to treat runoff prior to discharge to navigable surface waters.

(b)

Post-construction BMPs for such runoff may be located in a navigable surface water if allowable under all other applicable federal, state and local regulations such as NR 103, Wis. Adm. Code, and Ch. 30, Wis. Stats.

7.

The discharge of runoff from a BMP, such as a wet detention pond, or after a series of such BMPs is subject to this section.

8.

Where a regional treatment option exists such that the City Engineer exempts the applicant from all or part of the minimum on-site stormwater management requirements, the applicant shall be required to pay a fee in an amount determined in negotiation with the City Engineer. In determining the fee for post-construction runoff, the City Engineer shall consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of the regional treatment option.

g.

Additional Requirements. The City Engineer may establish stormwater management requirements more stringent than those set forth in this section if the City Engineer 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.

8-1009

PERMITTING REQUIREMENTS, PROCEDURES AND FEES.

a.

Permit Required. No responsible party may undertake a land disturbing construction activity without receiving a post-construction runoff permit from the City Engineer prior to commencing the proposed activity.

b.

Permit Application and Fees. Unless specifically excluded by this ordinance, any responsible party desiring a permit shall submit to the City Engineer a permit application made on a form provided by the City Engineer for that purpose.

1.

Unless otherwise excepted by this ordinance, a permit application must be accompanied by a stormwater management plan, a maintenance agreement and a nonrefundable permit administration fee.

2.

The stormwater management plan shall be prepared to meet the requirements of Sections 8-1008 and 8-1010, the maintenance agreement shall be prepared to meet the requirements of Section 8-1011, the financial guarantee shall meet the requirements of Section 8-1012, and fees shall be those established by the City Council.

c.

Review and Approval of Permit Application. The City Engineer shall review any permit application that is submitted with a stormwater management plan, maintenance agreement, and the required fee. The following approval procedure shall be used:

1.

Within 30 business days of the receipt of a complete permit application, including all items as required by subsection b., the City Engineer shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this ordinance.

2.

If the stormwater permit application, plan and maintenance agreement are approved, or if an agreed upon payment of fees in lieu of stormwater management practices is made, the City Engineer shall issue the permit.

3.

If the stormwater permit application, plan or maintenance agreement is disapproved, the City Engineer shall detail in writing the reasons for disapproval.

4.

The City Engineer may request additional information from the applicant. If additional information is submitted, the City Engineer shall have 30 business days from the date the additional information is received to inform the applicant that the plan and maintenance agreement are either approved or disapproved.

5.

Failure by the City Engineer to inform the permit applicant of a decision within 30 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.

d.

Permit Requirements. All permits issued under this ordinance shall be subject to the following conditions, and holders of permits issued under this ordinance shall be deemed to have accepted these conditions. The City Engineer, or his designee, may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the City Engineer, or his designee, to suspend or revoke this permit may be appealed in accordance with Section 8-1015.

1.

Compliance with this permit does not relieve the responsible party of the responsibility to comply with other applicable federal, state, and local laws and regulations.

2.

The responsible party shall design and install all structural and nonstructural stormwater management measures in accordance with the approved stormwater management plan and this permit.

3.

The responsible party shall notify the City Engineer at least 30 business days before commencing any work in conjunction with the stormwater management plan, and within 30 business days upon completion of the stormwater management practices. If required as a special condition under subsection e., the responsible party shall make additional notification according to a schedule set forth by the City Engineer so that practice installations can be inspected during construction.

4.

Practice installations required as part of this ordinance shall be certified "as built" by a licensed professional engineer. Completed stormwater management practices must pass a final inspection by the City Engineer to determine if they are in accordance with the approved stormwater management plan and ordinance. The City Engineer shall notify the responsible party in writing of any changes required in such practices to bring them into compliance with the conditions of this permit.

5.

The responsible party shall notify the City Engineer of any significant modifications it intends to make to an approved stormwater management plan. The City Engineer may require that the proposed modifications be submitted to it for approval prior to incorporation into the stormwater management plan and execution by the responsible party.

6.

The responsible party shall maintain all stormwater management practices in accordance with the stormwater management plan until the practices either become the responsibility of the City, or are transferred to subsequent private owners as specified in the approved maintenance agreement.

7.

The responsible party authorizes the City Engineer to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater 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 Section 8-1012.

8.

If so directed by the City Engineer, the responsible party shall repair at the responsible party's own expense all damage to adjoining municipal facilities and drainage ways caused by runoff, where such damage is caused by activities that are not in compliance with the approved stormwater management plan.

9.

The responsible party shall permit property access to the City Engineer for the purpose of inspecting the property for compliance with the approved stormwater management plan and this permit.

10.

Where site development or redevelopment involves changes in direction, increases in peak rate and/or total volume of runoff from a site, the City Engineer may require the responsible party to make appropriate legal arrangements with affected property owners concerning the prevention of endangerment to property or public safety.

11.

The responsible party is subject to the enforcement actions and penalties detailed in Section 8-1014, if the responsible party fails to comply with the terms of this permit.

e.

Permit Conditions. Permits issued under this subsection may include conditions established by City Engineer in addition to the requirements needed to meet the performance standards in Section 8-1008 or a financial guarantee as provided for in Section 8-1012.

f.

Permit Duration. Permits issued under this section shall be valid from the date of issuance through the date the City Engineer, notifies the responsible party that all stormwater management practices have passed the final inspection required under subsection d.4.

8-1010

STORMWATER MANAGEMENT PLAN.

a.

Plan Requirements. The stormwater management plan required by this section shall contain at a minimum the following information:

1.

Name, address, and telephone number for the following or their designees: landowner; developer; project engineer for practice design and certification; person(s) responsible for installation of stormwater management practices; and person(s) responsible for maintenance of stormwater management practices prior to the transfer, if any, of maintenance responsibility to another party.

2.

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.

3.

Predevelopment site conditions, including:

(a)

One or more site maps at a scale providing detail of at least one inch equals 20 feet. The site maps shall show the following: site location and legal property description; predominant soil types and hydrologic soil groups; existing cover type and condition; topographic contours of the site at a scale providing detail of at least one inch equals 20 feet; topography and drainage network including enough of the contiguous properties to show runoff patterns onto, through, and from the site; watercourses that may affect or be affected by runoff from the site; flow path and direction for all stormwater conveyance sections; watershed boundaries used in hydrology determinations to show compliance with performance standards; lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site; limits of the 100-year floodplain; location of wells and wellhead protection areas covering the project area and delineated pursuant to NR 811.16, Wis. Adm. Code.

(b)

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 map(s).

4.

Post-development site conditions, including:

(a)

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.

(b)

Explanation of any restrictions on stormwater management measures in the development area imposed by wellhead protection plans and ordinances.

(c)

One or more site maps at a scale providing detail of at least one inch equals 20 feet showing the following: post-construction pervious areas including vegetative cover type and condition; impervious surfaces including all buildings, structures, and pavement; post-construction topographic contours of the site at a scale providing detail of at least one inch equals 20 feet; post-construction drainage network including enough of the contiguous properties to show runoff patterns onto, through, and from the site; locations and dimensions of drainage easements; locations of maintenance easements specified in the maintenance agreement; flow path and direction for all stormwater conveyance sections; location and type of all stormwater management conveyance and treatment practices, including the on-site and off-site tributary drainage area; 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; 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.

(d)

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).

(e)

Results of investigations of soils and groundwater required for the placement and design of stormwater management measures. Detailed drawings including cross-sections and profiles of all permanent stormwater conveyance and treatment practices.

5.

A description and installation schedule for the stormwater management practices needed to meet the performance standards in Section 8-1008.

6.

A maintenance plan developed for the life of each stormwater management practice including the required maintenance activities and maintenance activity schedule.

7.

Cost estimates for the construction, operation, and maintenance of each stormwater management practice.

8.

Other information requested in writing by the City Engineer to determine compliance of the proposed stormwater management measures with the provisions of this ordinance.

9.

All site investigations, plans, designs, computations, and drawings shall be certified by a professional engineer licensed in the State of Wisconsin to be prepared in accordance with accepted engineering practice and requirements of this ordinance.

b.

Alternate Requirements. The City Engineer, or his designee, may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under Section 8-1008.

8-1011

MAINTENANCE AGREEMENT.

a.

Maintenance Agreement Required. The maintenance agreement shall be an agreement between the City and the responsible party to provide for maintenance of stormwater practices beyond the duration period of the permit. The maintenance agreement shall be filed with the Rock County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.

b.

Agreement Provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by Section 8-1010:

1.

Identification of the stormwater facilities and designation of the drainage area served by the facilities.

2.

A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan.

3.

Identification of the responsible party(ies), organization or city, county, town or village responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan.

4.

Requirement that the responsible party(ies), organization, or city, county, town or village shall maintain stormwater management practices in accordance with the schedule included in paragraph 2.

5.

Authorization for the City Engineer to access the property to conduct inspections of stormwater management practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement.

6.

A requirement on the City Engineer 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 stormwater management practice into proper working condition.

7.

Agreement that the party designated under paragraph 3. as responsible for long-term maintenance of the stormwater management practices, shall be notified by the City Engineer of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the City Engineer.

8.

Authorization of the City Engineer to perform the corrected actions identified in the inspection report if the responsible party designated under paragraph 3. does not make the required corrections in the specified time period. The costs of the work performed under this subsection by the City Engineer, plus interest at the rate authorized by City Council, shall be billed to the responsible party or recovered from the surety bond, cash escrow, or irrevocable letter of credit. In the event a responsible party fails to pay the amount due, it shall be imposed as a special charge against real property pursuant to §66.0627, Wis. Stats, to the extent authorized by law. If the special charge is not paid within the time specified in the notice to the property owner, the delinquent special charge shall be entered on the tax roll for collection and settlement under Ch. 74, Wis. Stats.

8-1012

FINANCIAL GUARANTEE.

a.

Establishment of the Guarantee. The City Engineer may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the City Engineer. The financial guarantee shall be in an amount determined by the City Engineer to be the estimated cost of construction and the estimated cost of maintenance of the stormwater management practices during the period which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the City Engineer the authorization to use the funds to complete the stormwater management practices, if the responsible party defaults or does not properly implement the approved stormwater management plan, upon written notice to the responsible party by the City Engineer that the requirements of this ordinance have not been met.

b.

Conditions for Release. Conditions for the release of the financial guarantee are as follows:

1.

The City Engineer shall release the portion of the financial guarantee established under this section, less any costs incurred by the City Engineer to complete installation of practices, upon submission of "as built plans" by a licensed professional engineer. The City Engineer may make provisions for a partial pro rata release of the financial guarantee based on the completion of various development stages.

2.

The City Engineer shall release the portion of the financial guarantee established under this section to assure maintenance of stormwater practices, less any costs incurred by the City Engineer at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement.

8-1013

FEE SCHEDULE. The fees referred to in other sections of this ordinance shall be established by City Council resolution. A schedule of fees shall be available for inspection at the office of the City Engineer.

8-1014

ENFORCEMENT.

a.

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.

b.

The City Engineer shall notify the responsible party by certified mail of any noncomplying 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 which may be taken.

c.

Upon receipt of written notification from the City Engineer the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the City Engineer in the notice.

d.

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 City Engineer may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the City Engineer plus interest and legal costs shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, it shall be imposed as a special charge against real property pursuant to §66.0627, Wis. Stats, to the extent authorized by law. If the special charge is not paid within the time specified in the notice to the property owner, the delinquent special charge shall be entered on the tax roll for collection and settlement under Ch. 74, Wis. Stats.

e.

The City Engineer 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 to obtain a cease and desist order in any court with jurisdiction.

f.

The City Engineer may revoke a permit issued under this ordinance for noncompliance with ordinance provisions.

g.

Any permit revocation, stop work order, or cease and desist order shall remain in effect unless retracted by the City Engineer or by a court with jurisdiction.

h.

The City Engineer is authorized to refer any violation of this ordinance, or of a 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.

i.

Any person, firm, association, or corporation who does not comply with the provisions of this ordinance shall be subject to a forfeiture as provided in §25.04 of Code of General Ordinances for the City of Beloit. Each day that the violation exists shall constitute a separate offense.

j.

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.

k.

When the City Engineer determines that the holder of a permit issued pursuant to this ordinance has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the City Engineer 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 City Engineer 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 Section 8-1012 of this ordinance. 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 imposed as a special charge against real property pursuant to §66.0627, Wis. Stats, to the extent authorized by law. If the special charge is not paid within the time specified in the notice to the property owner, the delinquent special charge shall be entered on the tax roll for collection and settlement under Ch. 74, Wis. Stats.

8-1015

APPEALS.

a.

Board of Appeals. The Board of Appeals, created pursuant to §1.77 of the Code of General Ordinances of the City of Beloit pursuant to §62.23(7)(e), Wis. Stats., shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the City Engineer 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 pursuant to Section 2-900 of this Chapter 19, Zoning Code that are not contrary to the public interest, and where owing to special conditions a literal enforcement of the ordinance will result in unnecessary hardship.

b.

Who May Appeal. Appeals to the Board of Appeals may be taken by any aggrieved person, officer, department, or board of the City affected by any decision of the City Engineer.

8-1016

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.