Rothschild City Zoning Code
ARTICLE IV
Stormwater Management and Erosion Control
§ 590-42 Declaration of findings.
The Village Board of the Village of Rothschild 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 erosion and post-construction runoff can:
A.
Degrade physical stream, lake, and river habitat by increasing bank erosion, increasing streambed, lake bed, and riverbed scour, diminishing groundwater recharge, diminishing stream base flows and increasing water temperatures.
B.
Diminish the capacity of lakes, streams, and rivers to support fish, aquatic life, and recreational and water supply uses by increasing pollutant loading of sediment, suspended solids, nutrients, heavy metals, bacteria, pathogens and other urban pollutants.
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, drainageways, 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.
§ 590-43 Intent.
The intent of this article is to reduce the amount of erosion and post-construction stormwater and associated pollutants reaching waters of the state. Use of this article by municipalities will foster the consistent statewide application of post-construction performance standards for new development and redevelopment contained in Subchapters III and IV of Ch. NR 151, Wis. Adm. Code.
§ 590-44 General provisions.
A.
Authority.
(1)
This article is adopted by the Village Board under the authority granted by § 61.354, Wis. Stats. This article supersedes all provisions of an ordinance previously enacted under § 61.35, Wis. Stats., that relate to stormwater management regulations. Except as otherwise specified in § 61.354, Wis. Stats., § 61.35, Wis. Stats., applies to this article and to any amendments to this article.
(2)
The provisions of this article are deemed not to limit any other lawful regulatory powers of the Village.
(3)
The Village of Rothschild Board hereby designates the Administrator of Public Works, or his designee, to administer and enforce the provisions of this article.
B.
Purpose and intent.
(1)
Purpose. The general purpose of this article is to establish site construction erosion control and 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:
(a)
Further the maintenance of safe and healthful conditions.
(b)
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.
(c)
Control exceedance of the safe capacity of existing drainage facilities and receiving water bodies; prevent undue channel erosion; control increases in the scouring and transportation of particulate matter; and prevent conditions that endanger downstream property.
(2)
Intent. It is the intent of the Village of Rothschild Board that this article regulate post-construction stormwater discharges to waters of the state. This article may be applied on a site-by-site basis. The Village of Rothschild Board recognizes, however, that the preferred method of achieving the stormwater performance standards set forth in this article 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 Village Board, it is the intent of this article that the approved plan be used to identify post-construction management measures acceptable for the community.
§ 590-45 Applicability and jurisdiction.
A.
Applicability.
(1)
Where not otherwise limited by law, this article applies after final stabilization to a site of land disturbing construction activity meeting any of the criteria stated by the Wisconsin Department of Natural Resources under § NR 151.11(3), Wis. Adm. Code, in this subsection, unless the site is otherwise exempt pursuant to Subsection A(2):
(a)
A post-development construction site that had one or more acres of land disturbing construction activity after the effective date of this article.
(2)
A site that meets any of the criteria stated by the Wisconsin Department of Natural Resources under § NR 151.11(3), Wis. Adm. Code, is exempt from the requirements of this article:
(a)
A redevelopment post-construction site with no increase in exposed parking lots or roads.
(b)
A post-construction site with less than 10% connected imperviousness based on complete development of the post-construction site, provided that the cumulative area of all parking lots and rooftops is less than one acre.
(c)
Nonpoint discharges from agricultural facilities and practices.
(d)
Nonpoint discharges from silviculture activities.
(e)
Routine maintenance for project sites under five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
(f)
Underground utility construction, such as 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 Subsection A(1), this article applies to disturbed and post-construction sites of any size that, in the opinion of the Administrator of Public Works, or the designee, 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 article applies to post-construction sites within the boundaries and jurisdiction of the Village of Rothschild and to all lands within the extraterritorial plat approval jurisdiction of the Village of Rothschild.
§ 590-46 Definitions.
As used in this article, the following terms shall have the meanings indicated:
The Administrator of Public Works of the Zoning Committee and/or the Village Board empowered under § 61.354, Wis. Stats., that is designated by the Village of Rothschild Board to administer this article.
Has the meaning given in § 281.16, Wis. Stats.
A calendar year of precipitation, excluding snow, which is considered typical.
Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize sediment or pollutants carried in runoff to waters of the state.
A day the office of the Administrator of Public Works, or the designee, is routinely and customarily open for business.
A court-issued order to halt land disturbing construction activity that is being conducted without the required permit.
A system for conveying both sanitary sewage and stormwater runoff.
An impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious flow path.
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 under different schedules but under one master plan.
A hypothetical discrete rain storm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.
Residential, commercial, industrial or institutional land uses and associated roads.
The creation division of a lot, parcel or tract of land by the owner thereof or the owner's agent for the purpose of sale or of building development, where:
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.
The process by which the land's surface is worn away by the action of wind, water, ice or gravity.
A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
Waters listed in § NR 102.11, Wis. Adm. Code.
The unincorporated area within 1.5 miles of the corporate limits of the Village.
All land disturbing construction activities at the construction site have been completed and a uniform, perennial, vegetative cover has been established, with a density of at least 70% of the cover, for the unpaved areas and areas not covered by permanent structures, or employment of equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the Administrator of Public Works, or the designee, by the responsible party to assure that requirements of this article are carried out in compliance with the stormwater management plan.
The Village Board of Trustees or Village Board.
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.
An undeveloped area of land located within existing development.
The entry of precipitation or runoff into or through the soil.
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 roadside channels designed for conveyance and pollutant removal only.
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.
Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative 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.
A legal document that provides for long-term maintenance of stormwater management practices.
A level of implementing best management practices in order to achieve a performance standard specified in this article 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.
Development resulting from the conversion of previously undeveloped land or agricultural land uses.
Located outside the property boundary described in the permit application.
Located within the property boundary described in the permit application.
Has the meaning given in § NR 115.03(6), Wis. Adm. Code.
Waters listed in § NR 102.10, Wis. Adm. Code.
The percentage of a given sample of soil which passes through a No. 200 sieve.
A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
A written authorization made by the Administrator of Public Works, or the designee, to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.
A sum of money paid to the Village by the permit applicant for the purpose of recouping the expenses incurred by the Village in administering the permit.
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.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
A construction site following the completion of land disturbing construction activity and final site stabilization.
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.
Has the meaning given in § NR 140.05(17), Wis. Adm. Code.
See § 590-51C(4).[1]
Areas where development is replacing older development.
Any entity holding fee title to the property or other person contracted or obligated by other agreement to implement and maintain post-construction stormwater BMPs.
Stormwater or precipitation, including rain, snow or ice melt or similar water, that moves on the land surface via sheet or channelized flow.
Settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.
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:
The entire area included in the legal description of the land on which the land disturbing construction activity occurred.
An order issued by the Administrator of Public Works, or the designee, which requires that all construction activity on the site be stopped.
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.
A comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.
A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
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% continually for at least 50 feet. If the slope of the land is 12% 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.
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.
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.
The meaning given in § 281.01(18), Wis. Stats.
§ 590-47 Erosion and sediment control performance standards.
A.
Responsible party. The responsible party shall implement an erosion and sediment control plan developed in accordance with § 590-49 that incorporates the requirements of this section.
B.
Plan. A written plan shall be developed in accordance with § 590-49A and implemented for each construction site.
D.
Location. The BMPs used to comply with this section shall be located prior to runoff entering waters of the state.
E.
Alternate requirements. The Administrator of Public Works, or the designee, may establish erosion control requirements more stringent than those set forth in this section if the Administrator of Public Works, or the designee, determines that an added level of protection is needed for sensitive resources.
§ 590-48 Permit procedure.
A.
Permit required. No responsible party may commence a land disturbing construction activity subject to this article without receiving prior approval of an erosion and sediment control plan for the site and a permit from the Administrator of Public Works.
B.
Permit application and fee. At least one responsible party desiring to undertake a land disturbing construction activity subject to this article shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 590-47 to the Administrator of Public Works and associated fee to the Village. By submitting an application, the applicant is authorizing the Administrator of Public Works, or the designee, 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 Administrator of Public Works 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 20 business days of the receipt of a complete permit application, as required by Subsection B, the Administrator of Public Works shall inform the applicant whether the application and plan are approved based on the requirements of this article.
(2)
If the permit application and plan are approved, the Administrator of Public Works shall issue the permit.
(3)
If the permit application or plan is disapproved, the Administrator of Public Works shall state in writing the reasons for disapproval.
(4)
The Administrator of Public Works, or the designee, may request additional information from the applicant. If additional information is submitted, the Administrator of Public Works shall have 20 business days from the date the additional information is received to inform the applicant that the plan is either approved or disapproved.
(5)
Failure by the Administrator of Public Works to inform the permit applicant of a decision within 20 business days of a required submittal shall be deemed to mean disapproval of the submittal, and the applicant may not proceed as if a permit had been issued.
D.
Surety bond. As a condition of approval and issuance of the permit, the Administrator of Public Works may require the applicant to deposit a surety bond 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 Administrator of Public Works, or the designee, within 48 hours of commencing any land disturbing construction activity.
(2)
Notify the Administrator of Public Works, or the designee, of completion of any BMPs within 10 days after installation.
(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 drainageways resulting from land disturbing construction activities and document repairs in a site erosion control log.
(7)
Inspect the BMPs within 24 hours after each rainfall event of 0.5 inch or more which results in runoff during active construction periods and at least once each week and 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 Administrator of Public Works, or the designee, 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 and keep a copy of the approved erosion and sediment control plan at the construction site.
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 Administrator of Public Works may extend the period one or more times for up to an additional 180 days. The Administrator of Public Works may require additional BMPs as a condition of the extension if they are necessary to meet the requirements of this article.
H.
Maintenance. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of this article until the site has undergone final stabilization.
§ 590-49 Erosion and sediment control plan.
A.
Preparation and contents of erosion and sediment control plan.
(1)
An erosion and sediment control plan shall be prepared and submitted to the Administrator of Public Works.
(2)
The erosion and sediment control plan shall be designed to meet the performance standards in § 590-47 and other requirements of this article.
(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)
The name(s) and address(es) 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, and construction of utilities, infrastructure, and buildings, including 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)
Existing data describing the surface soil as well as subsoils.
(f)
Name of the immediate named receiving water from the United States Geological Service 7.5 minute series topographic maps.
(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 no greater than 100 feet per inch and at a contour interval not to exceed two 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 one-hundred-year floodplains, 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 nonstructural controls identified in the plan.
(f)
Location of areas where stabilization practices will be employed.
(g)
Areas which will be vegetated following construction.
(h)
Areal extent of wetland acreage on the site and locations where stormwater is discharged to a surface water or wetland.
(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 Administrator of Public Works, 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 sites.
(h)
Cleanup of off-site sediment deposits.
(i)
Proper disposal of building and waste materials at all sites.
(j)
Stabilization of drainageways.
(k)
Control of soil erosion from dirt stockpiles.
(l)
Installation of permanent stabilization practices as soon as possible after final grading.
(m)
Minimization of dust to the maximum extent practicable.
(6)
The erosion and sediment control plan shall require that velocity dissipation devices be placed at discharge locations and along the length of any outfall channel, as necessary, to provide a nonerosive flow from the structure to a watercourse so that the natural physical and biological characteristics and functions are maintained and protected.
B.
Erosion and sediment control plan statement. For each construction site identified under § 590-45A(3), an erosion and sediment control plan statement shall be prepared and submitted to the Administrator of Public Works. 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 this article, including the site development schedule.
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 Administrator of Public Works, or the designee, notifies the applicant of changes needed in the plan.
§ 590-50 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 article:
A.
Technical standards approved by the Wisconsin Department of Natural Resources under Subchapter V of Ch. 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 Administrator of Public Works or the designee.
C.
In this article, the following year(s) and location(s) have been selected as average annual rainfall(s): Green Bay, 1969 (March 29 to November 25). Average annual basis is calculated using the rainfall or runoff factor (R factor) or equivalent design storm using a Type II distribution with consideration given to the geographic location of the site and the period of disturbance.
§ 590-51 Post-construction stormwater management 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 shall be developed and implemented for each post-construction site.
C.
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)
For new development, by design, reduce to the maximum extent practicable the total suspended solids load by 80%, based on the average annual rainfall, as compared to no runoff management controls. No responsible party/person shall be required to exceed an eighty-percent total suspended solids reduction to meet the requirements of this subsection.
(b)
For redevelopment, by design, reduce to the maximum extent practicable the total suspended solids load by 40%, based on the average annual rainfall, as compared to no runoff management controls. No responsible party/person shall be required to exceed a forty-percent total suspended solids reduction to meet the requirements of this subsection.
(c)
For infill development less than five acres that occurs within 10 years after October 1, 2002, by design, reduce to the maximum extent practicable the total suspended solids load by 40%, based on an average annual rainfall, as compared to no runoff management controls. No responsible party/person shall be required to exceed a forty-percent total suspended solids reduction to meet the requirements of this subsection.
(d)
For infill development that occurs 10 or more years after October 1, 2002, by design, reduce to the maximum extent practicable the total suspended solids load by 80%, based on an average annual rainfall, as compared to no runoff management controls. No responsible party/person shall be required to exceed an eighty-percent total suspended solids reduction to meet the requirements of this subsection.
(e)
Notwithstanding Subsection C(1)(a) to (d), if the design cannot achieve the applicable total suspended solids reduction specified, the stormwater management plan shall include a written and site-specific explanation why that level of reduction is not attained, and the total suspended solids load shall be reduced to the maximum extent practicable.
(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 two-, ten- and one-hundred-year, twenty-four-hour design storm applicable to the post-construction site. Predevelopment conditions shall assume good hydrologic conditions for appropriate land covers as identified in TR-55 or an equivalent methodology. The meanings 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 1 shall be used.
Table 1 — Maximum Predevelopment Runoff Curve Numbers for Cropland Areas | |||||
|---|---|---|---|---|---|
Hydrologic soil group | A | B | C | D | |
Runoff curve number | 56 | 70 | 79 | 83 | |
(b)
Subsection C(2)(a) does not apply to any of the following:
[1]
A post-construction site where the change in hydrology due to development does not increase the existing surface water elevation at any point within the downstream receiving water by more than 0.01 foot for the two-year, twenty-four-hour storm event.
[2]
A redevelopment post-construction site.
[3]
An infill development area less than five acres.
(c)
The responsible party will demonstrate that the storm conveyance system must contain the two-year and ten-year peak flow rates. Additionally, the responsible party must demonstrate the safe conveyance of the one-hundred-year peak flow rate.
(3)
Infiltration. BMPs shall be designed, installed, and maintained to infiltrate runoff to the maximum extent practicable in accordance with the following, except as provided in Subsection C(3)(e) through (h) below:
(a)
For residential developments one of the following shall be met:
[1]
Infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 90% of the predevelopment infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 1% of the project site is required as an effective infiltration area.
[2]
Infiltrate 25% of the post-development runoff from the two-year, twenty-four-hour design storm with a Type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than 1% of the project site is required as an effective infiltration area.
(b)
For nonresidential development, including commercial, industrial and institutional development, one of the following shall be met:
[1]
Infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 60% of the predevelopment infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the project site is required as an effective infiltration area.
[2]
Infiltrate 10% of the runoff from the two-year, twenty-four-hour design storm with a Type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the project site is required as an effective infiltration area.
(d)
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 Subsection C(3)(h). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
(e)
Exclusions. The runoff from the following areas is not required from meeting the requirements of this section:
[1]
Areas associated with Tier 1 industrial facilities identified in § NR 216.21(2)(a), Wis. Adm. Code, including storage, loading, rooftop and parking.
[2]
Storage and loading areas of Tier 2 industrial facilities identified in § NR 216.21(2)(b), Wis. Adm. Code.
[3]
Fueling and vehicle maintenance areas.
[4]
Areas within 1,000 feet upgradient or within 100 feet downgradient of karst features.
[5]
Areas with less than three feet separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock, except that this subsection. does not prohibit infiltration of roof runoff.
[6]
Areas with runoff from industrial, commercial and institutional parking lots and roads and residential arterial roads with less than five feet separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock.
[7]
Areas within 400 feet of a community water system well as specified in § NR 811.16(4), Wis. Adm. Code, or within 100 feet of a private well as specified in § NR 812.08(4), Wis. Adm. Code, for runoff infiltrated from commercial, industrial and institutional land uses or regional devices for residential development.
[8]
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.
[9]
Any area where the soil does not exhibit one of the following soil characteristics between the bottom of the infiltration system and the seasonal high groundwater and top of bedrock: at least a three-foot soil layer with 20% fines or greater or at least a five-foot soil layer with 10% fines or greater. This does not apply where the soil medium within the infiltration system provides an equivalent level of protection. This subsection does not prohibit infiltration of roof runoff.
(f)
Exemptions. The following are not required to meet the requirements of this section:
[1]
Areas where the infiltration rate of the soil is less than 0.6 inch per hour measured at the site.
[2]
Parking areas and access roads less than 5,000 square feet for commercial and industrial development.
[3]
Redevelopment post-construction sites.
[4]
Infill development areas less than five acres.
[5]
Infiltration areas during periods when the soil on the site is frozen.
[6]
Roads in commercial, industrial and institutional land uses and arterial residential roads.
(g)
Where alternate uses of runoff are employed, such as for toilet flushing, laundry or irrigation, such alternate use shall be given equal credit toward the infiltration volume required by this subsection.
(h)
Compliance with preventive action limit.
[1]
Infiltration systems designed in accordance with this subsection 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 Ch. 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 Subsection C(3)(h)[1] above, the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
(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 subsection, "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, and for wetlands in areas of special natural resource interest as specified in § NR 103.04, Wis. Adm. Code, 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 highly susceptible wetlands, 50 feet. Highly susceptible wetlands include the following types: fens, sedge meadows, bogs, low prairies, conifer swamps, shrub swamps, other forested wetlands, fresh wet meadows, shallow marshes, deep marshes and seasonally flooded basins. Wetland boundary delineations shall be made in accordance with § NR 103.08(1m), Wis. Adm. Code. This subsection does not apply to wetlands that have been completely filled in accordance with all applicable state and federal regulations. The protective area for wetlands that have been partially filled in accordance with all applicable state and federal regulations shall be measured from the wetland boundary delineation after fill has been placed.
[5]
For less susceptible wetlands, 10% 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.
[6]
In Subsection C(4)(a)[1], [4] and [5], 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.
[7]
For concentrated flow channels with drainage areas greater than 130 acres, 10 feet.
(b)
This subsection applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection C(4)(d).
(c)
The following requirements shall be met:
[1]
Impervious surfaces shall be kept out of the protective area 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% 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. Nonvegetative 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 that are designed to control pollutants from nonpoint sources may be located in the protective area.
(d)
Subsection C(4)(c) does not apply to:
[1]
Redevelopment post-construction sites.
[2]
Infill development areas less than five 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]
Post-construction sites from which runoff does not enter the surface water, 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)
Applicability. Except as provided in Subsection C(6)(b), transportation facilities that use swales for runoff conveyance and pollutant removal meet all of the requirements of this section if the swales are designed to the maximum extent practicable to do all of the following:
[1]
Be vegetated. However, where appropriate, nonvegetative measures may be employed to prevent erosion or provide for runoff treatment, such as rock riprap stabilization or check dams.
[2]
Carry runoff through a swale for 200 feet or more in length that is designed with a flow velocity no greater than 1.5 feet per second for the peak flow generated using either a two-year, twenty-four-hour design storm or a two-year storm with duration equal to the time of concentration as appropriate. If a swale of 200 feet in length cannot be designed with a flow velocity of 1.5 feet per second or less, then the flow velocity shall be reduced to the maximum extent practicable.
(b)
Exemptions. The Administrator of Public Works, or the designee, may, consistent with water quality standards, require that other provisions of this section be met on a transportation facility with an average daily travel of vehicles greater than 2,500 and where the initial surface water of the state that the runoff directly enters is any of the following:
D.
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.
E.
Location and regional treatment option.
(1)
The BMPs may be located on site or off site as part of a regional stormwater device, practice or system.
(2)
Post-construction runoff within a nonnavigable surface water that flows into a BMP, such as a wet detention pond, is not required to meet the performance standards of this article. Post-construction BMPs may be located in nonnavigable surface waters.
(3)
Except as allowed under Subsection E(4), post-construction runoff from new development shall meet the post-construction performance standards prior to entering a navigable surface water.
(4)
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 article if:
(5)
Runoff from existing development, redevelopment and infill areas shall meet the post-construction performance standards in accordance with this section.
(a)
To the maximum extent practicable, BMPs shall be located to treat runoff prior to discharge to navigable surface waters.
(6)
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.
(7)
The Administrator of Public Works, or the designee, may approve off-site management measures provided that all of the following conditions are met:
(a)
The Administrator of Public Works, or the designee, determines that the post-construction runoff is covered by a stormwater management system plan that is approved by the Village of Rothschild and that contains management requirements consistent with the purpose and intent of this article.
(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 stormwater control equal to or greater than that which would be afforded by on-site practices meeting the performance standards of this article.
[3]
The facility has a legally obligated entity responsible for its long-term operation and maintenance.
(8)
Where a regional treatment option exists such that the Administrator of Public Works 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 Administrator of Public Works. In determining the fee for post-construction runoff, the Administrator of Public Works shall consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of the regional treatment option.
F.
Alternate requirements. The Administrator of Public Works may establish stormwater management requirements more stringent than those set forth in this section if the Administrator of Public Works or the designee determines that an added level of protection is needed to protect sensitive resources.
§ 590-52 Post-construction runoff permit.
A.
Permit required. No responsible party may undertake a land disturbing construction activity without receiving a post-construction runoff permit from the Administrator of Public Works, or the designee, prior to commencing the proposed activity.
B.
Permit application and fees. Unless specifically excluded by this article, any responsible party desiring a permit shall submit to the Administrator of Public Works, or the designee, a permit application made on a form provided by the Administrator of Public Works, or the designee, for that purpose.
(1)
Unless otherwise excepted by this article, a permit application must be accompanied by a stormwater management plan, a maintenance agreement and a nonrefundable permit administration fee as established by the Village Board.
(2)
The stormwater management plan shall be prepared to meet the requirements of §§ 590-47 and 590-51, the maintenance agreement shall be prepared to meet the requirements of § 590-54, the financial guarantee shall meet the requirements of § 590-55, and fees shall be those established by the Village of Rothschild Board as set forth in § 590-56.
C.
Review and approval of permit application. The Administrator of Public Works, or the designee, 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 20 business days of the receipt of a complete permit application, including all items as required by Subsection B, the Administrator of Public Works, or the designee, shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this article.
(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 Administrator of Public Works shall issue the permit.
(3)
If the stormwater permit application, plan or maintenance agreement is disapproved, the Administrator of Public Works shall detail in writing the reasons for disapproval.
(4)
The Administrator of Public Works may request additional information from the applicant. If additional information is submitted, the Administrator of Public Works shall have 20 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 Administrator of Public Works, or the designee, to inform the permit applicant of a decision within 20 business days of a required submittal shall be deemed to mean disapproval of the submittal and the applicant may not proceed.
D.
Permit requirements. All permits issued under this article shall be subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions. The Administrator of Public Works, or the designee, may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Administrator of Public Works, or the designee, to suspend or revoke this permit may be appealed in accordance with Article XVI of this chapter.[1]
(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 Administrator of Public Works, or the designee, at least 15 business days before commencing any work in conjunction with the stormwater management plan and within five 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 Administrator of Public Works, or the designee, so that practice installations can be inspected during construction.
(4)
Practice installations required as part of this article shall be certified "as built" by a licensed professional engineer. Completed stormwater management practices must pass a final inspection by the Administrator of Public Works, or the designee, or its designee, to determine if they are in accordance with the approved stormwater management plan and this article. The Administrator of Public Works, or the designee, 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 Administrator of Public Works, or the designee, of any significant modifications it intends to make to an approved stormwater management plan. The Administrator of Public Works, or the designee, may require that the proposed modifications be submitted to him 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 Village of Rothschild or are transferred to subsequent private owners as specified in the approved maintenance agreement.
(7)
The responsible party authorizes the Administrator of Public Works, or the designee, 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 Subchapter VII of Ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 590-55.
(8)
If so directed by the Administrator of Public Works, or the designee, the responsible party shall repair at the responsible party's own expense all damage to adjoining municipal facilities and drainageways 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 Administrator of Public Works, or the designee, or its designee, 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 or increases in peak rate and/or total volume of runoff from a site, the Administrator of Public Works, or the designee, may require the responsible party to make appropriate legal arrangements with affected property owners concerning the prevention of endangerment to property or public safety.
F.
Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the Administrator of Public Works, or the designee, notifies the responsible party that all stormwater management practices have passed the final inspection required under Subsection D(4).
§ 590-53 Stormwater management plan.
A.
Plan requirements. The stormwater management plan required shall contain at a minimum the following information:
(1)
Name, address, telephone number, fax number, and e-mail address 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 of not less than one inch equals 20 feet and not greater than one inch equals 60 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 not to exceed 10 feet (although may require greater depending on gradient and location); 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 one-hundred-year floodplain; and 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 of not less than one inch equals 20 feet and not greater than one inch equals 60 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 not to exceed one inch equals 20 feet and not greater than one inch equals 60 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 drainageway; watershed boundaries used in hydrology and pollutant loading calculations; and any changes to lakes, streams, rivers, 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 and 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 § 590-51.
(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 Administrator of Public Works, or the designee, to determine compliance of the proposed stormwater management measures with the provisions of this article.
(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 practices and the requirements of this article.
§ 590-54 Maintenance agreement.
A.
Maintenance agreement required. The maintenance agreement required under § 590-53 for stormwater management practices shall be an agreement between the Village of Rothschild and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the Marathon 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 by the responsible party/owner and a copy forwarded to the Village.
B.
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by § 590-53A(6):
(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 required under § 590-52B.
(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 required under § 590-52B.
(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 Subsection B(2).
(5)
Authorization for the Administrator of Public Works, or the designee, 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 Administrator of Public Works, or the designee, 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 Subsection B(3) as responsible for long-term maintenance of the stormwater management practices shall be notified by the Administrator of Public Works, or the designee, of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Administrator of Public Works or the designee.
(8)
Authorization for the Administrator of Public Works, or the designee, to perform the corrective actions identified in the inspection report if the responsible party designated under Subsection B(3) does not make the required corrections in the specified time period. The Administrator of Public Works, or the designee, shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subchapter VII of Ch. 66, Wis. Stats.
§ 590-55 Financial guarantee.
A.
Establishment of the guarantee. The Administrator of Public Works may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the Administrator of Public Works. The financial guarantee shall be in an amount determined by the Administrator of Public Works to be the estimated cost of construction and the estimated cost of maintenance of the stormwater management practices, plus 10%, during the period which the designated party in the maintenance agreement has maintenance responsibility, unless otherwise agreed upon by both parties. The financial guarantee shall give the Administrator of Public Works 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 administering authority that the requirements of this article have not been met.
B.
Conditions for release. Conditions for the release of the financial guarantee are as follows:
(1)
The Administrator of Public Works shall release the portion of the financial guarantee established under this section, less any costs incurred by the Administrator of Public Works, or the designee, to complete installation of practices, upon submission of as-built plans by a licensed professional engineer. The Administrator of Public Works may make provisions for a partial pro rata release of the financial guarantee based on the completion of various development stages.
(2)
The Administrator of Public Works shall release the portion of the financial guarantee established under this section to assure maintenance of stormwater practices, less any costs incurred by the Administrator of Public Works, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement.
§ 590-56 Fee schedule.
The fees referred to in other sections of this article shall be established by the Village Board and may from time to time be modified by resolution. A schedule of the fees established by the Village Board shall be available for review in Clerk's office.
§ 590-57 Enforcement; violations and penalties.
A.
Any land disturbing construction activity or post-construction runoff initiated after the effective date of this article by any person, firm, association, or corporation subject to the provisions of this article shall be deemed a violation unless conducted in accordance with the requirements of this article.
B.
The Administrator of Public Works 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 Administrator of Public Works under Subsection B, 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 Administrator of Public Works in the notice.
D.
If the violations to a permit issued pursuant to this article are likely to result in damage to properties, public facilities, or waters of the state, the Administrator of Public Works, or the designee, or the designee's designee, may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the Administrator of Public Works, or the designee, plus interest and legal costs shall be billed to the responsible party.
E.
The Administrator of Public Works, or the designee, is authorized to post a stop-work order on all land disturbing construction activity that is in violation of this article or to request the Village Attorney to obtain a cease and desist order in any court with jurisdiction.
F.
The Administrator of Public Works, or the designee, may revoke a permit issued under this article for noncompliance with the provisions of this article.
G.
Any permit revocation, stop-work order, or cease and desist order shall remain in effect unless retracted by the Administrator of Public Works or by a court with jurisdiction.
H.
The Administrator of Public Works, or the designee, is authorized to refer any violation of this article, or of a stop-work order or cease and desist order issued pursuant to this article, to the Village Attorney for the commencement of further legal proceedings in any court with jurisdiction.
I.
Any person, firm, association, or corporation who or which does not comply with the provisions of this article shall be subject to a forfeiture of not less than $10 or more than $500 for the first offense and not less than $50 or more than $500 for the second offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.
J.
Compliance with the provisions of this article 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 Administrator of Public Works, or the designee, determines that the holder of a permit issued pursuant to this article 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 Administrator of Public Works, or the designee, or a party designated by the Administrator of Public Works, or the designee, 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 Administrator of Public Works, or the designee, 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 § 590-55 of this article. 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.