A.

This chapter is adopted pursuant to the authority granted by Wis. Stats. § 61.354. This chapter supersedes all provisions of an ordinance previously enacted under Wis. Stats. § 61.35 that relate to storm water management regulations. Except as otherwise specified in Wis. Stats. § 61.354, the provisions of Wis. Stats. § 61.35 apply to this chapter and to any amendments to this chapter.

B.

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

C.

The director of public works/zoning administrator is to administer and enforce the provisions of this chapter.

D.

The requirements of this chapter do not pre-empt more stringent storm water management requirements that may be imposed by any of the following:

1.

Wisconsin Department of Natural Resources administrative rules, permits or approvals including those authorized under Wis. Stats. §§ 281.16 and 283.33.

2.

Targeted non-agricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under Wis. Admin. Code § NR 151.004.

(Ord. No. 2024-12, § 1, 1-20-2025)

The village board acknowledges 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 stream bed 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.

(Ord. No. 2024-12, § 1, 1-20-2025)

A.

Purpose. The general purpose of this chapter 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 storm water; prevent and control soil erosion; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth.

3.

Control exceedance of the safe capacity of existing drainage facilities and receiving water bodies; prevent undue channel erosion; and control increases in the scouring and transportation of particulate matter.

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 village board that this chapter regulates post-construction storm water discharges to waters of the state. This chapter may be applied on a site-by-site basis. The village board recognizes, however, that the preferred method of achieving the storm water performance standards set forth in this chapter is through the preparation and implementation of comprehensive, systems-level storm water management plans that cover hydrologic units, such as watersheds, on a municipal and regional scale. Such plans may prescribe regional storm water devices, practices or systems, any of which may be designed to treat runoff from more than one site prior to discharge to waters of the state. Where such plans are in conformance with the performance standards developed under Wis. Stats. § 281.16 for regional storm water management measures and have been approved by the village board, it is the intent of this chapter that the approved storm water management plan be used to identify post-construction management measures acceptable for the community.

(Ord. No. 2024-12, § 1, 1-20-2025)

A.

Applicability.

1.

Except as provided under subsection (2), this chapter applies to a post-construction site whereupon one acre or more of land disturbing construction activity occurs during construction.

2.

A site that meets any of the criteria in this paragraph is exempt from the requirements of this chapter:

(a)

A post-construction site with less than ten (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 subsection does not include exemption from the protective area standard of this chapter.

(b)

Agricultural facilities and practices.

(c)

Underground utility construction, but not including the construction of any above ground structures associated with utility construction.

3.

Notwithstanding the applicability requirements in subsection (1) above, this chapter applies to post-construction sites of any size that, as determined by the director of public works/zoning administrator, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, causes undue channel erosion, or increases water pollution by scouring or the transportation of particulate matter.

B.

Jurisdiction. This chapter applies to post construction sites within the boundaries and jurisdiction of the village of Kohler.

C.

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

(Ord. No. 2024-12, § 1, 1-20-2025)

The following words, terms and phrases, when used in this chapter, 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 the physical integrity of the streambank or lakeshore is preserved. Self-sustaining vegetative cover includes grasses, forbs, sedges and duff layers of fallen leaves and woody debris.

"Administering authority" means the director of public works/zoning administrator as herein designated by the village board to administer this chapter.

"Agricultural facilities and practices" has the meaning given in Wis. Stats. § 281.16(1).

"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 typical calendar year of precipitation as determined by the Wisconsin Department of Natural Resources for users of models such as WinSLAMM, P8 or equivalent methodology. The average annual rainfall is chosen from a department publication for the location closest to the municipality.

"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 administering authority 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 or in violation of a permit issued by the administering authority.

"Combined sewer system" means a system for conveying both sanitary sewage and storm water runoff.

"Connected imperviousness" means an impervious surface connected to the waters of the state via a separate storm sewer, an impervious flow path, or a minimally pervious 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.

"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 Wis. Admin. Code § NR 102.11.

"Filtering layer" means soil that has at least a three-foot deep layer with at least twenty (20) percent fines; or at least a five-foot deep layer with at least ten (10) percent fines; or an engineered soil with an 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 seventy (70) percent of the cover for the unpaved areas and areas not covered by permanent structures or that employ equivalent permanent stabilization measures.

"Financial guarantee" means a performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the administering authority by the responsible party to assure that requirements of the ordinance are carried out in compliance with the storm water management plan.

"Governing body" means the village board of trustees of the village of Kohler.

"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, gravel or paved parking lots and streets are examples of areas that typically are impervious.

"In-fill" means an undeveloped area of land located within an existing urban sewer service area, surrounded by development or development and natural or man-made features where development cannot occur.

"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.

"Land disturbing construction activity" means any man-made 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, 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 storm water management practices.

"Maximum extent practicable" means the highest level of performance that is achievable but is not equivalent to a performance standard identified in this chapter as determined in accordance with Section 20.45.055 of this chapter.

"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 Wis. Admin. Code § NR 115.03(6).

"Outstanding resource waters" means waters listed in Wis. Admin. Code § NR 102.10.

"Percent fines" means the percentage of a given sample of soil, which passes through a Number 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 administering authority 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 administering authority 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 Wis. Stats. § 283.01(13).

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

"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 Wis. Admin. Code § NR 140.05(17).

"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 the landowner or any other entity performing services to meet the requirements of this chapter through a contract or other agreement.

"Runoff" means storm water 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:

1.

Is designed or used for collecting water or conveying runoff.

2.

Is not part of a combined sewer system.

3.

Is not part of a publicly owned wastewater treatment works that provides secondary or more stringent treatment.

4.

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 administering authority which requires that all construction activity on the site be stopped.

"Storm water management plan" means a comprehensive plan designed to reduce the discharge of pollutants from storm water, after the site has undergone final stabilization, following completion of the construction activity.

"Storm water 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 twelve (12) percent continually for at least fifty (50) feet. If the slope of the land is twelve (12) percent or less continually for the initial fifty (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, which is incorporated by reference for this chapter.

"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 Wis. Stats. § 85.095(1)(b). "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 pursuant to Wis. Stats. § 281.33.

"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 in 1973".

"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.

(Ord. No. 2024-12, § 1, 1-20-2025)

Maximum extent practicable applies when a person who is subject to a performance standard of this chapter demonstrates to the administering authority'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. This includes reviewing each of the storm water quality post-construction storm water management practices for which the Wisconsin Department of Natural resources has developed technical standards for potential application.

(Ord. No. 2024-12, § 1, 1-20-2025)

The following methods shall be used in designing the water quality, peak discharge, and infiltration components of storm water practices needed to meet the water quality standards of this chapter:

A.

Consistent with the technical standards identified, developed or disseminated by the Wisconsin Department of Natural Resources under Wis. Admin. Code § NR 151, subchapter V.

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 administering authority.

(Ord. No. 2024-12, § 1, 1-20-2025)

A.

Responsible Party. The responsible party shall comply with this section.

B.

Storm Water Management Plan. A written storm water management plan in accordance with Section 20.45.090 shall be developed and implemented for each post-construction site.

C.

Maintenance of Effort. For redevelopment sites where the redevelopment will be replacing older development that was subject to post-construction performance standards of Wis. Admin. Code Ch. NR 151 in effect on or after October 1, 2004, the responsible party shall meet stormwater discharge quality, peak flow control, infiltration, and protective areas standards applicable to the older development or meet the redevelopment standards of this chapter, whichever is more stringent.

D.

Requirements. The storm water management plan required under subsection (B) shall include the following:

1.

Stormwater Discharge Quality. BMPs shall be designed, installed and maintained to control total suspended solids (TSS) and total phosphorus (TP) 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 subsection (b). The design shall be based on an average annual rainfall, as compared to no runoff management controls.

Table 1. TSS and TP Reduction Standards

(b)

Maximum Extent Practicable. If the design cannot meet a TSS and/or TP reduction performance standard of Table 1, the storm water management plan shall include a written, site-specific explanation of why the TSS and/or TP reduction performance standard cannot be met and why the TSS and/or TP load will be reduced only to the maximum extent practicable.

(c)

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

(d)

Effectiveness of the storm water management measures on pollutant reductions shall be evaluated using the latest version of the Source Loading and Management Model for Windows (WinSLAMM). Other models may be used with prior written approval of the village.

2.

Peak Discharge.

(a)

By design, BMPs shall be employed to maintain or reduce the one-year, two-year, ten-year, and the one hundred-year, twenty-four-hour post-construction peak runoff discharge rates to the one-year, two-year, ten-year, and the one hundred-year, twenty-four-hour pre-development peak runoff discharge rates respectively, or to the maximum extent practicable. The runoff curve numbers in Table 2 shall be used to represent the actual pre-development conditions. Peak discharges shall be calculated using TR-55 runoff curve number methodology, Atlas 14 precipitation depths, and the appropriate NRCS Wisconsin MSE3 or MSE4 precipitation distribution. On a case-by-case basis, the administering authority may allow the use of TP-40 precipitation depths and the Type II distribution.

Table 2. Maximum Pre-Development Runoff Curve Numbers

(b)

All storm water conveyance systems within the proposed development shall be designed to completely contain the peak storm flows as described in this chapter.

i.

For open channel conveyance systems the peak flow from the twenty-five-year, twenty-four-hour storm shall be completely contained within the channel bottom and banks.

ii.

For storm sewer conveyance systems the peak flow from the ten-year, twenty-four-hour storm shall be completely contained within the pipes with no surcharging.

iii.

For storms greater than the ten-year, twenty-four-hour event, and up to the one hundred-year, twenty-four-hour event, ponding shall be within existing or proposed street right-of-way. In no case shall the depth of water exceed twelve (12) inches at the outer edge of pavement or six inches at the road crown, whichever is less.

iv.

The one hundred-year storm runoff flow path outside of the conveyance system must not impact structural improvements on property.

(c)

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

i.

A post-construction site where the discharge is directly into a lake over five thousand (5,000) acres or a stream or river segment draining more than five hundred (500) square miles.

ii.

Except as provided under Section 20.45.070(C), a redevelopment post-construction site.

iii.

An in-fill development area less than five acres.

3.

Infiltration.

(a)

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

i.

Low Imperviousness. For development up to forty (40) percent connected imperviousness, such as parks, cemeteries, and low density residential development, infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least ninety (90) 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 one percent of the post-construction site is required as an effective infiltration area.

ii.

Moderate Imperviousness. For development with more than forty (40) percent and up to eighty (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 seventy-five (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 two percent of the post-construction site is required as an effective infiltration area.

iii.

High Imperviousness. For development with more than eighty (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 sixty (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 two 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 chapter.

(c)

Source Areas.

i.

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 Section 20.45.070(D)(3)(f):

1.

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

2.

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

3.

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

ii.

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:

1.

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

2.

Parking areas and access roads less than five thousand (5,000) square feet for industrial development not subject to the prohibitions under paragraph a.

3.

Except as provided under Section 20.45.070(C), redevelopment post-construction sites.

4.

In-fill development areas less than five acres.

5.

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

(d)

Location of Practices.

i.

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

1.

Areas within one thousand (1,000) feet upgradient or within one hundred (100) feet downgradient of direct conduits to groundwater.

2.

Areas within four hundred (400) feet of a community water system well as specified in Wis. Admin. Code § NR 811.16(4) or within the separation distances listed in Wis. Admin. Code § NR 812.08 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.

3.

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

ii.

Separation Distances.

1.

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 3:

Table 3. Separation Distances and Soil Characteristics

2.

Notwithstanding paragraph ii., applicable requirements for injection wells classified under Wis. Admin. Code Ch. NR 815 shall be followed.

iii.

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:

1.

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.

2.

Where the least permeable soil horizon to five 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.

i.

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 Wis. Admin. Code Ch. NR 140. 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.

ii.

Notwithstanding paragraph a., 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 subd. (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 subd. (c) and (d) limit or restrict the use of infiltration practices, the performance standard of Section 20.45.070(D)(3) shall be met to the maximum extent practicable.

4.

Protective Areas.

(a)

Definition. In this section, "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 section, "protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, so that runoff cannot enter the enclosure at this location.

i.

For outstanding resource waters and exceptional resource waters, seventy-five (75) feet.

ii.

For perennial and intermittent streams identified on a U.S. Geological Survey 7.5-minute series topographic map, or a county soil survey map, whichever is more current, fifty (50) feet.

iii.

For lakes, fifty (50) feet.

iv.

For wetlands not subject to paragraph v. or vi., fifty (50) feet.

v.

For highly susceptible wetlands, seventy-five (75) 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.

vi.

For less susceptible wetlands, ten (10) percent of the average wetland width, but no less than ten (10) feet nor more than thirty (30) feet. Less susceptible wetlands include: degraded wetland 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.

vii.

In pars. iv. to vi., 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 Wis. Admin. Code § NR 103.03.

viii.

Wetland boundary delineation shall be made in accordance with Wis. Admin. Code § NR 103.08(1m). 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.

ix.

For concentrated flow channels with drainage areas greater than one hundred thirty (130) acres, ten (10) feet.

x.

Notwithstanding pars. i. to ix., the greatest protective area width shall apply where rivers, streams, lakes and wetlands are contiguous.

(b)

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

(c)

Requirements. The following requirements shall be met:

i.

Impervious surfaces shall be kept out of the protective area entirely or to the maximum extent practicable. If there is no practical alternative to locating an impervious surface in the protective area, the storm water management plan shall contain a written, site-specific explanation.

ii.

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

iii.

BMPs such as filter strips, swales, or wet detention ponds, that are designed to control pollutants from non-point sources, may be located in the protective area.

(d)

Exemptions. This section does not apply to any of the following:

i.

Except as provided under Section 20.45.070(C), redevelopment post-construction sites.

ii.

In-fill development areas less than five acres.

iii.

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

iv.

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

v.

Areas of post-construction sites from which the runoff does not enter the surface water, including wetlands, without first being treated by a BMP to meet the local ordinance requirements for stormwater discharge quality and peak flow reduction, except to the extent that vegetative ground cover is necessary to maintain bank stability.

5.

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

6.

Swale Treatment for Transportation Facilities.

(a)

Requirement. Except as provided in subd. (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, stormwater discharge quality, and infiltration, if the swales are designed to do all of the following or to the maximum extent practicable:

i.

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.

ii.

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.

i.

Notwithstanding subd. (a), the administering authority 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 two thousand five hundred (2,500) and where the initial surface water of the state that the runoff directly enters is one of the following:

1.

An outstanding resource water.

2.

An exceptional resource water.

3.

Waters listed in the Federal Clean Water Act § 303(d) that are identified as impaired in whole or in part, due to non-point source impacts.

4.

Water where targeted performance standards are developed pursuant to Wis. Admin. Code § NR 151.004.

ii.

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

E.

General Considerations for Storm Water Management Measures. The following considerations shall be observed in on-site and off-site runoff management:

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 storm water facilities shall be provided to prevent exceeding the safe capacity of downstream drainage facilities and prevent endangerment of downstream property or public safety.

F.

BMP Location.

1.

To comply with the performance standards required under Section 20.45.070 of this chapter, 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 Wis. Admin. Code. § NR 151.003,

2.

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

(a)

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

(b)

The off-site facility meets all of the following conditions:

i.

The facility is in place.

ii.

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 chapter.

iii.

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

3.

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

G.

Additional Requirements. The administering authority may establish storm water management requirements more stringent than those set forth in this chapter if the administering authority determines that the requirements are needed to control storm water quantity or control flooding, comply with federally approved total maximum daily load requirements, or control pollutants associated with existing development or redevelopment.

(Ord. No. 2024-12, § 1, 1-20-2025)

A.

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

B.

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

1.

Unless otherwise excluded by this chapter, a permit application must be accompanied by a storm water management plan, a maintenance agreement and a non-refundable permit administration fee.

2.

The storm water management plan shall be prepared to meet the requirements of Section 20.45.070 and Section 20.45.090, the maintenance agreement shall be prepared to meet the requirements of Section 20.45.100, the financial guarantee shall meet the requirements of Section 20.45.110, and fees shall be those established by the village board as set forth in Section 20.45.120.

C.

Permit Application Review and Approval. The administering authority shall review any permit application that is submitted with a storm water management plan, maintenance agreement, and the required fee. The following approval procedure shall be used:

1.

Within one hundred twenty (120) business days of the receipt of a complete permit application, including all items as required by sub. D., the administering authority shall inform the applicant whether the application, storm water management plan and maintenance agreement are approved or disapproved based on the requirements of this chapter.

2.

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

3.

If the storm water permit application, storm water management plan or maintenance agreement is disapproved, the administering authority shall detail in writing the reasons for disapproval.

4.

The administering authority may request additional information from the applicant. If additional information is submitted, the administering authority shall have thirty (30) business days from the date the additional information is received to inform the applicant that the storm water management plan and maintenance agreement are either approved or disapproved.

5.

Failure by the administering authority to inform the permit applicant of a decision within one hundred twenty (120) 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 chapter shall be subject to the following conditions, and holders of permits issued under this chapter shall be deemed to have accepted these conditions. The administering authority may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the administering authority to suspend or revoke this permit may be appealed in accordance with Section 20.45.140.

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 non-structural storm water management measures in accordance with the approved storm water management plan and this permit.

3.

The responsible party shall notify the administering authority at least three business days before commencing any work in conjunction with the storm water management plan, and within five business days upon completion of the storm water 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 administering authority so that practice installations can be inspected during construction.

4.

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

5.

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

6.

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

7.

The responsible party authorizes the administering authority to perform any work or operations necessary to bring storm water management measures into conformance with the approved storm water management plan, and consents to a special assessment or charge against the property as authorized under Wis. Stats. Ch. 66, subch. VII or to charging such costs against the financial guarantee posted under Section 20.45.110.

8.

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

9.

The responsible party shall permit property access to the administering authority or its designee for the purpose of inspecting the property for compliance with the approved storm water management plan and 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 administering authority may require the responsible party to make appropriate legal arrangements with affected property owners concerning the prevention of endangerment to property or public safety.

11.

The responsible party is subject to the enforcement actions and penalties detailed in Section 20.45.130, 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 administering authority in addition to the requirements needed to meet the performance standards in Section 20.45.070 or a financial guarantee as provided for in Section 20.45.110.

F.

Permit Duration. Permits issued under this section shall be valid from the date of issuance through the date the administering authority notifies the responsible party that all storm water management practices have passed the final inspection required under sub. (D)(4).

(Ord. No. 2024-12, § 1, 1-20-2025)

A.

Storm Water Management Plan Requirements. The storm water management plan required under Section 20.45.070(B) 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 storm water management practices; and person(s) responsible for maintenance of storm water 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.

Pre-development site conditions, including:

(a)

One or more site maps at a scale of not less than one-inch equals one hundred (100) feet. The site maps shall show the following: site location and legal property description; predominant soil types and hydrologic soil groups; existing cover type and condition; topographic contours of the site; 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 storm water 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 one hundred-year floodplain; location of wells and wellhead protection areas covering the project area and delineated pursuant to Wis. Admin. Code. § NR 811.16.

(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 storm water management measures in the development area imposed by wellhead protection plans and ordinances.

(c)

One or more site maps at a scale of not less than one inch equals one hundred (100) 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; 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 storm water conveyance sections; location and type of all storm water 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). The plan shall include a table summarizing the drainage area, pre-project and post-project peak flows, pollutant loadings and removal efficiencies for each treatment practice. If the project includes off-site drainage areas those areas shall be incorporated into the modeling to determine treatment practice effectiveness but shall be listed separately in the table. A development cannot take credit for off-site areas and pollutant reductions without a written agreement from the off-site landowner(s).

(e)

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

5.

A description and installation schedule for the storm water management practices needed to meet the performance standards in Section 20.45.070.

6.

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

7.

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

8.

Other information requested in writing by the administering authority to determine compliance of the proposed storm water management measures with the provisions of this chapter.

9.

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

10.

Plan submittal shall include a digital version of the hydrologic/hydraulic model file(s), water quality WinSLAMM ( ^* .mdb) file(s), and a digital representation of post-construction drainage area(s) to each individual treatment practice in ESRI GIS Shapefile or Geodatabase format, Autodesk AutoCAD ( ^* .dwg) format, or other format approved by the village.

B.

Alternate Requirements. The administering authority may prescribe alternative submittal requirements for applicants seeking an exemption to on-site storm water management performance standards under Section 20.45.070(E).

(Ord. No. 2024-12, § 1, 1-20-2025)

A.

Maintenance Agreement Required. The maintenance agreement required under Section 20.45.080(B) for storm water management practices shall be an agreement between the administering authority and the responsible party to provide for maintenance of storm water practices beyond the duration period of this permit. The maintenance agreement shall be filed with the county register of deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the storm water management practices.

B.

Agreement Provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by Section 20.45.090(A)(6):

1.

Identification of the storm water facilities and designation of the drainage area served by the facilities.

2.

A schedule for regular maintenance of each aspect of the storm water management system consistent with the storm water management plan required under Section 20.45.080(B).

3.

Identification of the responsible party(s), organization or city, county, town or village responsible for long term maintenance of the storm water management practices identified in the storm water management plan required under Section 20.45.080(B).

4.

Requirement that the responsible party(s), organization, or city, county, town or village shall maintain storm water management practices in accordance with the schedule included in subsection (2).

5.

Authorization for the administering authority to access the property to conduct inspections of storm water management practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement.

6.

A requirement on the administering authority to maintain public records of the results of the site inspections, to inform the responsible party responsible for maintenance of the inspection results, and to specifically indicate any corrective actions required to bring the storm water management practice into proper working condition.

7.

Agreement that the party designated under subsection (3), as responsible for long term maintenance of the storm water management practices, shall be notified by the administering authority of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the administering authority.

8.

Authorization of the administering authority to perform the corrected actions identified in the inspection report if the responsible party designated under subsection (3) does not make the required corrections in the specified time period. The administering authority shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Wis. Stats. Ch. 66, subch. VII.

(Ord. No. 2024-12, § 1, 1-20-2025)

A.

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

B.

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

1.

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

2.

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

(Ord. No. 2024-12, § 1, 1-20-2025)

The fees referred to in other sections of this chapter shall be established by the administering authority and may from time to time be modified by resolution. A schedule of the fees established by the administering authority shall be available for review in village clerk's office.

(Ord. No. 2024-12, § 1, 1-20-2025)

A.

Any land disturbing construction activity or post-construction runoff initiated after the effective date of this chapter 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 chapter.

B.

The administering authority shall notify the responsible party by certified mail of any non-complying land disturbing construction activity or post-construction runoff. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action which may be taken.

C.

Upon receipt of written notification from the administering authority under sub. B, the responsible party shall correct work that does not comply with the storm water 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 administering authority in the notice.

D.

If the violations to a permit issued pursuant to this chapter are likely to result in damage to properties, public facilities, or waters of the state, the administering authority may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the administering authority plus interest and legal costs shall be billed to the responsible party.

E.

The administering authority is authorized to post a stop work order on all land disturbing construction activity that is in violation of this chapter, or to request the village attorney to obtain a cease and desist order in any court with jurisdiction.

F.

The administering authority may revoke a permit issued under this chapter for non-compliance with ordinance provisions.

G.

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

H.

The administering authority is authorized to refer any violation of this chapter, or a stop work order or cease and desist order issued pursuant to this chapter, to the village 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 chapter shall be subject to the general penalty provisions of Chapter 1.16 of this Code. Each day that the violation exists shall constitute a separate offense.

J.

Compliance with the provisions of this chapter 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 administering authority determines that the holder of a permit issued pursuant to this chapter has failed to follow practices set forth in the storm water management plan, or has failed to comply with schedules set forth in said storm water management plan, the administering authority or a party designated by the administering authority 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 storm water management plan. The administering authority 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 20.45.110 of this chapter. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.

(Ord. No. 2024-12, § 1, 1-20-2025)

A.

Board of Zoning Appeals. The board of zoning appeals, created pursuant to Chapter 20.28 of this Code pursuant to Wis. Stats. § 61.354(4)(b), shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the administering authority in administering this chapter. 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 chapter 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 zoning appeals may be taken by any aggrieved person or by an officer, department, or board of the village affected by any decision of the administering authority.

(Ord. No. 2024-12, § 1, 1-20-2025)

If any section, clause, provision or portion of this chapter 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.

(Ord. No. 2024-12, § 1, 1-20-2025)

This chapter shall be in force and effect from and after its adoption and publication. The above and foregoing ordinance was duly adopted by the village board on January 20, 2024.

(Ord. No. 2024-12, § 1, 1-20-2025)