South Milwaukee City Zoning Code
ARTICLE IV
Site Design Standards
§ 15.19 Architectural standards.
A.
Applicability. The architectural standards apply to all structures in all zoning districts.
B.
Building facade design.
(1)
Facade materials. Architects shall finish the exterior facades of primary structures with the following materials. The Zoning Administrator is authorized to approve the use of alternative high-quality, durable building materials.
(a)
Brick masonry;
(b)
Wood siding;
(c)
Stone;
(d)
Concrete;
(e)
Glass, not including spandrel or covered glass products which prohibit all light from entering the building;
(f)
Architectural metal panels;
(g)
Cast or cementitious siding designed to appear like natural materials; or
(h)
Stucco, not including EIFS or other faux stucco products.
(i)
Vinyl siding, limited to R-1 uses only.
(2)
Facade consistency. Architects shall finish all sides of primary structures with similar materials that carry the building's architectural style around every side of the building.
(3)
Masonry. The City prohibits painting unpainted brick, stone, or terra cotta or covering those materials by another cladding material. Property owners may paint previously painted masonry. Property owners shall remove paint or clean unpainted masonry with the gentlest method possible, and the City prohibits sandblasting and other abrasive cleaning methods. Property owners shall repaint defective mortar by duplicating the original mortar in color, style, texture, and strength. Property owners shall replace deteriorated masonry with new masonry that duplicates the old masonry materials as closely as possible.
(4)
Windows.
(a)
Transparency requirements. The first-floor street-facing facade of all non-R use buildings shall include at least 50% transparent materials. Each upper story street-facing facade of all non-R use buildings shall include at least 20% transparent materials per story. Alternatively, for renovations of existing buildings see § 15.19B(4)(b).
(b)
Window replacement and restoration. Property owners shall restore windows of existing buildings with traditional storefronts to their original condition. The City permits new, simplified, contemporary interpretations when exact reconstruction is not practical. The City prohibits reducing window opening sizes and filling openings with materials such as glass block. Replacement windows shall duplicate the appearance and design of the original sash to the greatest extent possible.
(5)
Trim and ornamentation. Property owners shall repair or replace all structural and decorative elements of facades on existing buildings to match or be compatible with the original materials and design of the building to the greatest extent possible. This includes window caps, carved stonework, ornamental plaques, and cornices.
(6)
Awnings and entrance canopies. The City shall only permit traditional tent style storefront awnings made of canvas or neoprene impregnated fabric. Awnings shall not conceal decorative features of a facade. The City prohibits internally illuminated, half round hoop, truncated wedge-shaped, and vinyl awnings. No awnings shall use soffit panels.
(7)
Security gates and bars. The City prohibits the installation of either interior, exterior, permanent, or retractable security gates or bars.
(8)
Accessory building materials.
(a)
Accessory buildings without dwelling units. Accessory buildings without dwelling units visible from the public right-of-way must match the architectural style and major building materials of the principal building.
(b)
Accessory buildings with dwelling units. Accessory buildings with dwelling units must match the architectural style and major building materials of the principal building.
§ 15.20 Nonconformities.
A.
Authority to continue. A property owner may continue any existing lot, structure, use, or sign that no longer conforms upon adoption of any amendment to this zoning chapter in accordance with the regulations of this section unless otherwise expressly stated.
B.
Determination of nonconformity. Property owners hold the burden of proving legally established nonconformities. The Zoning Administrator shall determine whether a property owner provided adequate proof of nonconforming status.
C.
Repairs and maintenance. Property owners must maintain nonconformities per all other applicable building and property maintenance codes. They may repair and maintain nonconformities so long as repair and maintenance activities do not expand the extent of the nonconformity, unless the repair and maintenance activity are an express order from a duly authorized City official to strengthen or restore nonconformity to a safe condition or to comply with state or federal requirements. Intentionally disregarding the property's maintenance in a way which causes the property's destruction may disqualify a property owner for nonconforming status.
D.
Change in ownership. Nonconforming status runs with the land. Changes in ownership, tenancy, or management do not solely affect nonconforming status.
E.
Nonconforming lots. Property owners may use lawfully created nonconforming lots in accordance with the use regulations that apply in its subject zoning district subject to compliance with all applicable setback and building regulations.
F.
Nonconforming structures.
(1)
Alterations and expansions. Property owners may only expand a nonconforming structure in a way that complies with all applicable lot and building regulations of the subject zoning district and does not increase the extent of the existing nonconformity, except as stated in Subsection C.
(2)
Movement. Property owners may only move a nonconforming structure to another location on the same lot if the movement reduces the extent of the nonconformity.
(3)
Replacement. Property owners may restore or replace a nonconforming structure at the size, location, and use that it had immediately before the damage or destruction occurred so long as violent wind, vandalism, fire, flood, ice, snow, mold, or infestation unintentionally caused the damage or destruction.
G.
Nonconforming uses.
(1)
Change of use. Property owners may only change nonconforming uses to new uses if the subject zoning district allows the new use.
(2)
Expansion of use. Property owners may only expand nonconforming uses within the structure designated for that use before the use gained nonconforming status.
(3)
Discontinuance. Property owners lose nonconforming use status when they change the use to a conforming use or discontinue the use for a continuous year. Periods of discontinued use caused by other government action, violent weather, or other causes beyond the control of the property owner do not count towards calculating the length of any discontinuance.
H.
Existing nonconforming signs.
(1)
Existing signs. Property owners may continue signs lawfully existing at the time of the adoption or amendment of this chapter if the size or location does not conform with the provisions of this chapter. This section deems such signs nonconforming uses or structures and the nonconforming use and structure provisions of this chapter shall apply.
(2)
Change in use. When use changes necessitate a new sign structure, the property owner shall bring the sign into conformance with the provisions of this chapter. Changes in tenant panels within a multi-tenant sign do not constitute a change to the sign structure so long as they do not modify the size of the panel.
§ 15.21 Signs.
[Amended 8-5-2025 by Ord. No. 2283]
A.
Purpose and intent. This section's intent is to provide comprehensive and balanced sign regulations that will preserve the right of free speech and expression; avoid excessive levels of visual clutter or distraction that are potentially harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance; and ensure that signs are well-constructed, maintained, and expressive of the identity of individual activities and the community.
C.
Exemptions. The City exempts the following signs from the regulations contained in this chapter.
(1)
A sign posted by a governmental agency.
(2)
A sign integrated into or on an automatic teller machine, coin-operated machine, or vending machine.
(4)
A sign carried by a person.
(5)
Street addresses and numbers.
(6)
Murals and other works of art that are not related by logo, pictorial depiction, or other means to the advertisement of any product or service or the identification of any business.
(7)
Holiday lights and decorations containing no commercial message and displayed during the appropriate time of year.
(8)
Flags, up to a maximum of three per lot or parcel. The length of the hoist side of any flag shall not exceed 20% of the vertical height of the pole. Property owners must fly U.S. flags in accordance with protocol established by the U.S. Congress. The City considers any flag that does not meet these requirements a sign subject to the requirements of this chapter.
D.
Abandoned signs. Property owners shall remove all signs, sign messages, and supporting structures, as applicable, when the related use concludes or it is dilapidated beyond repair under the provisions of Wis. Stats., § 66.0413. If the owner fails to remove such signs, the Zoning Administrator may follow § 15.12.
E.
Construction and maintenance.
(1)
Wind pressure and dead load requirements. Property owners shall design and construct all signs and supporting structures to withstand wind pressure of not less than 40 pounds per square foot of area (1,916.74 Pa) and to receive dead loads as required in the Building Code.
(2)
Protection of the public. The City permits temporary occupancy of a sidewalk, street, or other public property during the construction, removal, repair, alteration, or maintenance of a sign provided the applicant ropes off or isolates the temporarily occupied space.
(3)
Maintenance. The owner of any sign shall keep the sign and supporting structure in good maintenance and repair which includes restoring, repainting, or replacing worn or damaged legally existing signage to its original permitted condition. Property owners shall maintain the signage premises in a clean, sanitary, and inoffensive condition, free and clear of all obnoxious substances, rubbish, and weeds.
(4)
Construction. Property owners shall construct all sign elements in materials resistant to rust, rot, or other degradation. Property owners shall attach all sign elements to support structures or adjacent buildings via methods approved by the Building Inspector.
(5)
Prohibited attachment areas. No property owner may attach, fasten, or anchor any sign element to any fire escape, fire ladder, or standpipe. No sign element may hinder or prevent ingress or egress through any door, window, or fire escape or hinder or prevent the Fire Department from raising or placing of ladders against a building.
(6)
Electrical permits. Signs with electrical wiring require a separate electrical permit from the Building Inspector. No property owner may serve any sign with electricity via overhead electrical wiring.
(7)
Unmovable base. If the Zoning Administrator approves a sign with external illumination, the property owner shall mount the illumination fixture on a permanent unmovable base to prevent the tampering or redirection of the fixture from the permitted configuration.
F.
General provisions.
(1)
Signs resembling other signs. No sign shall resemble, imitate, or approximate the shape, size, form, or color of railroad or traffic signs, signals, or devices and shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals, or devices.
(2)
Obstructing signs. No property owner shall locate a sign that obstructs or interferes with traffic visibility, nor illuminate it in a way that causes glare or impairs driver visibility upon public ways.
(3)
Illuminated signs. Property owners may illuminate signs provided they, other than public traffic control signs, have no elements that flash, blink, rotate, or pulsate. All illuminated signage must meet the outdoor lighting standards of § 15.24. The City shall not consider signs that include changeable copy reader boards and electronic message boards (EMBs) flashing or pulsating signs, provided they comply with all other applicable provisions of this section.
G.
Signs permitted without a permit. The City permits the following signs without a permit.
(1)
Sale, lease, or rent signage. The City permits temporary freestanding or wall signs on properties or buildings for sale, lease, or rent not exceeding 24 square feet in area and nine feet in height. Such signs shall meet the minimum accessory structure setbacks or nine feet, whichever is less. No person shall place a temporary sign in a public right-of-way. The property owner shall remove all sale, lease, or rent signage within 10 days after they sell, lease, or rent the property.
(2)
Construction signage. Each property may contain up to 32 square feet of temporary signage when it is subject to an active building permit. Building permit placards and other government-ordered signage do not count towards this allowance.
(3)
Universal temporary board and banner signage.
(a)
Residential properties. The City permits one temporary freestanding sign, not exceeding six square feet in area, provided that no such signs exceed four feet in height or lie within a public right-of-way. The City limits universal temporary signage to no more than 30 consecutive days two times in any calendar year. Common examples of temporary signage include yard sale, congratulatory postings, or notices of gatherings.
(b)
(c)
Temporary signs shall not be illuminated.
(d)
Special event signs: Signage promoting an event shall not be displayed more than 30 days before the event is held or more than 10 days after the event was held.
(4)
Small permanent wall signage. The City permits small permanent wall signage that does not exceed two square feet in area and is mounted flush against a building.
(5)
Interior and window signage. The City permits interior and inside-window signs intended for viewing from inside or outside the building, provided that such signs cover or obscure no more than 40% of the window's area.
(6)
Election campaign signs. As provided in § 12.04, Wis. Stats., the City permits election campaign signs subject to the following requirements:
(a)
No person may erect an election campaign sign before the first day of the election campaign period as defined in the Wisconsin Statutes. The property owner shall remove any election campaign sign within 10 days following the election.
(b)
Election campaign signs shall not exceed 11 square feet in area unless the sign is affixed to a permanent structure; does not extend beyond the perimeter of the structure; and does not obstruct a window, door, fire escape, ventilation shaft, or other area which is required by the City building code to remain unobstructed.
(c)
No person shall place any election campaign sign within a public right-of-way nor so close to a pedestrian way as to hinder or endanger safe passage.
H.
Signs permitted with a permit.
Table IV-1 Sign Regulations | ||||
|---|---|---|---|---|
Sign Type | Number Allowed | Sign Area (Maximum) | Sign Height (Maximum, feet) | Where Allowed |
Ground | 1 per street yard | 1 square foot per linear foot of lot frontage | 10 | Street yard |
Wall | No maximum so long as the total square feet of signage per facade does not exceed 1 square foot per linear foot of building facade | N/A | Street-facing building facade | |
Projecting | 1 per business | 12 square feet | N/A | Within 6 feet of entrance |
Wayfinding | No limit | 6 square feet | 5 | No limit |
Sandwich Board | 1 per building, business, or tenant space as applicable | 12 square feet | 4 | Street yard or public sidewalk within 10 feet of business entrance |
(3)
Projecting signs.
(a)
Extension distance. Projecting signs may project no more than six feet into the public right-of-way and shall be at least 24 inches from the face of the street curb.
(4)
Sandwich board signs. Property owners must remove sandwich board signs from any sidewalk by 2:30 a.m.
(5)
Signs on public ways. No person shall place, erect, or maintain a sign within the public right-of-way without City approval. Signs shall not obstruct pedestrian or vehicular visibility, interfere with traffic control devices, or impede access to public infrastructure such as sidewalks, fire hydrants, utility poles, or drainage systems. Unauthorized signs placed in the public right-of-way are subject to immediate removal by the City without notice. The erection of any sign in the public way in the City of South Milwaukee shall be subject to the following regulations:
I.
Signs prohibited in any district. The City prohibits the following signs.
(1)
Abandoned signs.
(2)
A vehicle or trailer used exclusively as a sign or advertising device. No person shall park any such vehicle or trailer on a public right-of-way, on public property, or on private property to be visible from a public right-of-way. This provision does not prohibit vehicle signs customarily attached, lettered, or painted on a vehicle or trailer to identify the ownership or function of the vehicle.
(3)
Signs whose content violates any laws or regulations, including but not limited to the obscenity provisions of Chapter 944 of the Wisconsin Statutes.
(4)
Signs painted, attached, or affixed to trees or other living vegetation.
(5)
In multi-story or mixed-use buildings, wall or projecting signs on floors occupied by R uses.
(7)
Permanent corrugated plastic signs and other materials intended for interior use.
J.
Sign measurements.
(1)
Signable area. The signable area of a building is designated as the area of the facade of the building up to the roof line which is free of windows and doors or major architectural detail on which signs may be displayed. In computing signable area, any facade which faces or abuts a public right-of-way may be utilized. Calculations may include parapet walls, but shall exclude door and window openings.
(2)
Measuring sign face.
(a)
Area of copy. In calculating the area of a sign to determine whether it meets the requirement of this chapter, the Zoning Administrator shall include the sign copy and any border or frame surrounding that copy, but shall exclude supporting posts or foundations from the area calculation.
(b)
Irregular shapes. The Zoning Administrator shall determine the area of irregularly shaped signs or signs containing two or more detached elements by measuring the area of the smallest regular polygon that will encompass all elements of the sign.
(c)
Multi-sided signs. The Zoning Administrator shall use the area of only one side of a multi-sided sign if the sides are less than or equal to 30° from parallel of each other. If the sides are greater than 30° from parallel of each other, the Zoning Administrator shall count all sign faces towards the total sign area.
(3)
Measuring sign height. The Zoning Administrator shall calculate sign height by measuring the vertical distance from the normal grade at the base to the highest point of the sign structure. The Zoning Administrator shall set the normal grade as the lowest of:
(a)
The existing grade prior to construction;
(b)
The newly established grade after construction, excluding any filling, berms, mounds, or excavating solely for locating the sign;
(c)
The average elevation of the property within 100 feet of the sign location; and
(d)
The average between the sign elevation and the centerline elevation of an adjacent public right-of-way within 100 feet of the sign location.
§ 15.22 Parking and loading areas.
A.
Purpose. The regulations of this section encourage transit use and nonmotorized modes of transportation while also helping avoid the negative impacts of requiring excessive supplies of off-street parking (e.g., impervious surfaces, stormwater runoff, heat island effect, visual environment, parking encroachment into stable neighborhoods). The regulations also help protect the public health, safety, and general welfare by promoting economically viable and beneficial land use and providing flexible methods of responding to the transportation and access demands of various land uses in different areas of the City.
B.
Applicability. The regulations of this section apply to all zoning districts and uses, including new uses and development, changes of use, and building enlargements or enhancements.
C.
Bicycle parking.
(1)
General design.
(a)
Illumination. Property owners must illuminate all bicycle parking spaces accessible to users after dark.
(b)
Location. Property owners must locate bicycle parking spaces in areas readily visible by the public or building users except for long-term spaces located in secure areas accessible only to employees, staff, or residents.
(c)
Accessibility. Property owners must locate bicycle parking spaces in areas accessible without climbing stairs, going up or down a slope of more than 12%, and via a route on the property designed to minimize conflicts with motor vehicles and pedestrians.
(d)
Clearance. Property owners must locate bicycle parking spaces in areas with at least two feet of clearance in all directions surrounding the spaces.
(e)
Size. Property owners must provide bicycle parking spaces with a minimum dimensioned area of two feet wide by six feet long with at least seven feet of overhead clearance.
(2)
Short-term bicycle parking.
(a)
Amount. All uses that provide service to customers, clients, students, or other short-term visitors shall provide two short-term bicycle parking spaces plus one additional space for every 20,000 square feet of building floor area.
(b)
Public parking credit. Property owners shall count existing publicly accessible bicycle parking spaces within 500 feet of the property towards the mandatory parking ratios.
(c)
Location. Property owners must locate short-term bicycle parking spaces on private property within 75 feet of a building entrance accessible to the public. The Zoning Administrator may approve locations within the public right-of-way.
(3)
Long-term bicycle parking.
(a)
Amount. All uses that include concentrations of employees or residents shall provide two long-term bicycle parking spaces plus one additional space for every 20,000 square feet of building floor area.
(b)
Location. Property owners may not provide long-term bicycle parking spaces inside dwelling units or on balconies and must provide on-site signage to ensure way-finding to spaces unless clearly visible from the main building entrance.
(c)
Design. Property owners must secure long-term bicycle parking spaces from theft and inclement weather. Examples of appropriate protection include bicycle lockers, attending parking areas, video-monitored parking areas, or restricted-access parking areas. Unless secured in individual lockers, property owners must also provide long-term bicycle spaces with a means to securely lock bicycles to a fixed rack.
D.
Sidewalks. Property owners must provide pedestrian accommodations, such as sidewalks or multi-use pathways, along all sides abutting a public street unless specifically prohibited, in writing, by the Wisconsin Department of Transportation or Milwaukee County on roadways under their jurisdiction.
E.
Internal pedestrian circulation. Property owners must provide an internal circulation system for pedestrian and nonmotorized travel on all lots except those solely occupied by R-1 uses.
(1)
Connection to public sidewalks. The internal pedestrian circulation system must connect the main building entrance to all sidewalks located along street frontages abutting the site. Required connections must follow a direct route and not involve significant out-of-direction travel.
(2)
Internal connections. The internal pedestrian circulation system must connect all buildings on the site and provide connections to other areas of the site used by pedestrians and nonmotorized travel, such as parking areas, bicycle parking, usable open spaces, recreation areas, and similar amenity features.
(3)
Design.
(a)
ADA-compliance. The internal pedestrian circulation system must be ADA-compliant.
(b)
Drive-aisle crossings. Property owners must clearly differentiate when the internal pedestrian circulation system crosses drive aisles by elevation changes, different paving material, or other equally effective methods of safely accommodating nonmotorized travel, as approved by the Zoning Administrator. Striping alone does not meet this requirement.
(c)
Parallel design. Property owners must raise the internal pedestrian circulation system at least six inches above the vehicle travel lane surface when the it is parallel and adjacent to a motor vehicle travel lane. Alternatively, property owners may separate the system from the vehicle travel lane by a raised curb, bollards, landscaping, or another physical barrier.
F.
Accessible parking. Property owners must provide accessible parking facilities for persons with disabilities in accordance with all applicable state and federal regulations.
G.
Use of motor vehicle parking areas. Property owners may only park licensed, operable motor vehicles in outdoor off-street motor vehicle parking spaces. They may not work on any motor in any outdoor motor vehicle parking space. They may not use any motor vehicle parking spaces for storing, displaying, or selling any goods or materials unless specifically approved by the Zoning Administrator.
H.
Parking area ratios.
(1)
Amount. Property owners shall provide motor vehicle parking spaces in accordance with the following ratios.
Table IV-2 Minimum Vehicle Parking Spaces Required | |
|---|---|
Uses | Minimum Parking Spaces Required |
R Uses | 1.0 per unit |
B, E, F, H, I, S Uses | 1.0 per 1,000 square feet of building area |
A, M Uses | 2.0 per 1,000 square feet of building area |
HO, O, U Uses | No minimum |
(2)
Parking calculations.
(a)
On-street parking credit. Property owners shall count abutting on-street parking spaces towards the mandatory parking ratios.
(b)
Long-term bicycle parking credit. Property owners shall count each six long-term bicycle parking spaces as one motor vehicle parking space towards the mandatory parking ratios.
(c)
Public parking credit. Property owners shall subtract one mandatory parking space per every four spaces provided in a public parking lot or garage within 1,000 feet of the subject property.
(d)
Off-site parking. Property owners may count private off-site parking spaces owned or rented by the property owner towards the mandatory parking requirements so long as the private parking lies within 1,000 feet of the subject property, is located in a zone that permits O-3 uses, and provides the Zoning Administrator legal proof authorizing use of the off-site parking spaces.
(e)
Shared parking. On parcels of land with multiple uses, the property owner shall divide the sum of the total for each use required in Subsection H(1) by the following ratio to calculate the minimum number of required parking spaces.
Table IV-3 Shared Parking Ratios | ||||
|---|---|---|---|---|
R Uses | B, E, F, H, I, S Uses | A, M Uses | HO, O, U Uses | |
R Uses | 1.0 | 1.6 | 1.4 | 1.0 |
B, E, F, H, I, S Uses | 1.6 | 1.0 | 1.4 | 1.0 |
A, M Uses | 1.4 | 1.4 | 1.0 | 1.0 |
HO, O, U Uses | 1.0 | 1.0 | 1.0 | 1.0 |
(f)
Parking study. The Zoning Administrator may approve alternate minimum parking requirements if the property owner submits a parking study demonstrating the mandatory ratios do not reflect the actual day-to-day parking demand reasonably anticipated for the proposed use based on external data from credible research organizations such as the Urban Land Institute or the Institute of Transportation Engineers.
I.
Parking area layout and design. Property owners shall design and lay out all off-street motor vehicle parking areas and drive aisles per this subsection.
(1)
Location. Property owners shall place all off-street motor vehicle parking areas behind buildings where possible. The City prohibits parking lots larger than 12 spaces between buildings and the street. Where alley access is impossible, property owners may place parking lots to the side of the primary structure.
(2)
Ingress and egress. Property owners must design all areas serving all uses, except R-1 uses on a local street, to allow vehicles to enter and exit streets and cross public sidewalks in a forward motion.
(3)
Alley access. Property owners shall access all parking areas from an alley if the lot has legal access to an alley. Where alley access is impossible, property owners shall prioritize vehicular access to sites from local streets.
(4)
Parking dimensions. Property owners shall design all parking spaces to the following dimensions.
Table IV-4 Parking Stall Dimensions | |||
|---|---|---|---|
Stall Angle | Stall Width | Stall Length | Aisle Width |
0° Off Street | 9.0 | 20.0 | 12.0 |
45° | 9.0 | 17.0 | 11.0 |
60° | 9.0 | 17.0 | 15.0 |
75° | 9.0 | 17.0 | 20.0 |
90° | 9.0 | 17.0 | 22.0 |
(5)
Oversized and compact spaces. Property owners may provide oversized or compact spaces with modified sizes as approved by the Zoning Administrator so long as the total number of spaces is not greater than 20% of the total number of off-street motor vehicle parking spaces.
(6)
Driveway width. The maximum width of driveways at the point of connection to the street is 24 feet for two-way travel and 12 feet for one-way travel.
(7)
Number of access points. The City restricts each property to one vehicular access point except where, in the written opinion of a licensed traffic engineer or the Fire Chief, life safety requires separate ingress and egress.
(8)
Vertical clearance. Property owners shall provide at least seven feet of vertical clearance above all parking spaces.
(9)
Surfacing. Property owners shall surface all areas with asphalt, concrete, or other hard, dust-free surfaces approved by the Zoning Administrator.
(10)
Tandem and stacked parking. Property owners may utilize tandem or stacked parking areas when they assign those spaces to the same dwelling unit.
(11)
Curbs and barriers. Property owners must provide six-inch curbs and gutters, wheel stops, or other physical barriers for all areas abutting setbacks, landscaped areas, and adjoining property lines. They shall locate all barriers parallel to the protected area and perpendicular to the angle of parking at least two feet from the edge of the protected area.
J.
R use heavy vehicle parking limitations. Property owners may only park vehicles over 14,000 pounds gross vehicle weight rating on lots occupied by R-1 and R-2 uses in a completely enclosed building.
K.
Stacking spaces.
(1)
Number required. Property owners must provide at least three stacking spaces, including the space adjacent to the service area, for drive-throughs.
(3)
Bypass lane. Drive-throughs must include a minimum ten-foot-wide bypass lane designed to allow vehicles to circumvent or leave the stacking lane without waiting for other queued vehicles to exit.
(4)
Location. Property owners must enclose all stacking spaces completely within the subject property. They may not locate them within areas that interfere with access to parking areas, areas which provide ingress and egress to the street, or between the principal building and the street.
(5)
Pedestrian access. Stacking lanes may not obstruct any sidewalk or internal pedestrian circulation system.
L.
Traffic impact analyses. Property owners must provide a traffic impact analysis prepared by a licensed traffic engineer for any proposed development that includes a drive-through lane or would result in more than 100 trips during peak traffic hours (PHT). The City shall base these counts on the latest version of the Institute of Transportation Engineers (ITE) Trip Generation Manual.
M.
Loading areas. Property owners must locate all loading areas designed to receive deliveries, materials, or merchandise on private property unless approved by the Zoning Administrator.
§ 15.23 Landscaping and screening.
[Amended 8-5-2025 by Ord. No. 2283]
A.
Landscaping.
(1)
Purpose. The City intends the landscaping and screening sections of this section to maintain and enhance the City's appearance; mitigate adverse impacts of different abutting uses; reduce noise and glare; improve air quality; reduce the negative impacts of stormwater runoff; moderate heat; encourage the preservation of existing landscaping elements; and reestablish plant species native to the City.
(2)
Applicability. These regulations apply to all zones when a property owner adds a new, expands an existing, or reconstructs an existing vehicular use area, outdoor storage area, work area, or trash, recycling, and mechanical equipment area. Reconstruction expressly includes repaving activities that remove and replace; apply an additional surface course; or pulverize and stabilize asphalt paved areas.
(4)
Vehicular use areas.
(a)
Street frontage screening.
[1]
When required. The street frontage screening requirements of this section apply to vehicular use areas located outside of a public right-of-way and within 50 feet of any publicly accessible right-of-way, trail, or pedestrian walkway. The requirements do not apply if there are buildings or other site features that effectively block views of such vehicular use areas.
[2]
Options.
Table IV-5 Vehicular Use Area Street Frontage Screening Options | |||
|---|---|---|---|
Regulation | Option A | Option B | Option C |
Minimum width of landscaped area (feet) | 10 | 5 | — |
Minimum number of trees and shrubs per 50 linear feet | 2 | 2 | 1 |
Flowers and grasses | Remaining landscaped area | ||
Screening required | — | Ornamental metal fence | Masonry wall |
Screening height (feet) | Must install and maintain maximum allowed per Subsection B(2)(a) | ||
(b)
Side and rear screening.
[1]
When required. The screening requirements of this section apply to vehicular use areas located within 25 feet of the side or rear of an adjacent property line. The requirements do not apply if there are buildings or other site features that effectively block views of such vehicular use areas.
Table IV-6 Vehicular Use Area Side and Rear Screening Options | |||
|---|---|---|---|
Regulation | Option A | Option B | Option C |
Minimum width of landscaped area (feet) | 10 | 5 | — |
Minimum number of trees and shrubs per 50 linear feet | 10 | 5 | — |
Flowers and grasses | Remaining landscaped area | ||
Screening required | — | Opaque fence or wall | Masonry wall |
Screening height (feet) | Must install and maintain maximum allowed per Subsection B(2)(a) | ||
(5)
Outdoor storage and work areas.
(a)
When required. The screening requirements of this section apply to outdoor storage areas and outdoor work areas when such areas are visible from any publicly accessible right-of-way, trail, pedestrian walkway, or adjacent property. The requirements do not apply if there are buildings or other site features that effectively block views of such outdoor storage and work areas.
Table IV-7 Outdoor Storage and Work Area Screening Options | |||
|---|---|---|---|
Regulation | Option A | Option B | Option C |
Minimum width of landscaped area (feet) | 20 | 10 | 5 |
Minimum number of trees and shrubs per 50 linear feet | 10 | 5 | 0 |
Flowers and grasses | Remaining landscaped area | ||
Screening required | — | Opaque fence or wall | Masonry wall |
Screening height (feet) | Must install and maintain maximum allowed per Subsection B(2)(a) | ||
(6)
Trash, recycling, and mechanical equipment areas.
(a)
When required. The screening requirements of this section apply to trash, recycling, and mechanical equipment areas that are visible from any publicly accessible right-of-way, trail, pedestrian walkway, or adjacent property. The requirements do not apply if there are buildings or other site features that effectively block views of such trash, recycling, or mechanical equipment areas.
Table IV-8 Trash, Recycling, and Mechanical Equipment Area Screening Options | |||
|---|---|---|---|
Regulation | Option A | Option B | Option C |
Minimum width of landscaped area (feet) | 10 | 5 | — |
Minimum number of trees and shrubs per 50 linear feet | 10 | 5 | — |
Flowers and grasses | Remaining landscaped area | ||
Screening required | — | Opaque fence or wall | Masonry wall |
Screening height (feet) | Must install and maintain maximum allowed per Subsection B(2)(a) | ||
(7)
Interior parking lot landscaping.
(a)
Trees and landscape areas required. Property owners must install at least one canopy tree and 100 square feet of landscape area for every four motor vehicle parking spaces or fraction thereof. Trees and landscaped areas used to meet the screening requirements of this section count towards the interior parking lot landscaping requirements.
(b)
Location and distribution. Property owners must locate all trees, landscaped areas, and green infrastructure used to meet the requirements of this section within 50 feet of the subject parking area. No portion of a parking area may lie more than 100 feet from a landscaped area or tree.
(8)
Landscape and screening elements.
(a)
Landscaped areas. Property owners must plant landscaped areas only with the plants listed under Subsection A(8)(m).
(b)
Mulch and rock. Property owners may not fill landscaped areas with more than 25% mulch or decorative rock.
(c)
Lawns. No mandatory landscaped area may contain short growing, non-native lawn grasses.
(d)
Seed mixes. Property owners may utilize seed mixes containing species listed under Subsection A(8)(m); however, those mixes may not contain species not listed.
(e)
Native hybrids. The Zoning Administrator may approve hybrids of native species listed below; but may not approve hybrids of native and non-native species except in circumstances of hybrids to provide disease resistance and only with documentation from a licensed landscape architect or arborist.
(f)
Mandatory trees. The trees listed as mandatory were the predominant species within the City under pre-settlement conditions. Property owners must utilize the species listed as mandatory under Subsection A(8)(m) for at least 50% of all trees and shrubs required by this section.
(g)
Planting diversity. No single species may comprise more than 30% of the plantings used to meet the requirements of this section.
(h)
Planting soil. Landscaped areas must have healthy noncompact planting soil at least 18 inches deep.
(i)
Berms. Property owners may use berms in addition to the landscaping and screening elements required by this section, but may not use them in place of any of the required elements.
(j)
Location with fences and walls. Property owners must place any fence or wall in the interior-most area of the required landscaping area so that the adjacent property or general public views landscaping and then fencing.
(k)
Location with structures. Property owners may not place any landscaping elements within five feet of any structure unless otherwise specifically required by this section.
(l)
Plant size at time of planting.
Table IV-9 Minimum Planting Sizes | |||
|---|---|---|---|
Plant Type | Minimum Container Size at Time of Planting (gallons) | Minimum Height at Time of Planting (feet) | Minimum Caliper Size at Time of Planting (inches) |
Flowers and grasses | 1 | 1 | — |
Low shrubs | 3 | 1.5 | — |
Tall shrubs | 3 | 4 | — |
Deciduous trees | — | 6 | 2.5 |
Coniferous trees | — | 6 | — |
(m)
Native Species List. See Appendix 1.[1]
[1]
Editor's Note: Appendix 1 is included as an attachment to this chapter.
(9)
Installation and maintenance.
(a)
Installation. Property owners must install all landscaping and screening elements in accordance with an approved landscaping plan and sound nursery practices.
(b)
Protection from vehicles. Property owners must protect all landscaped areas perpendicular to vehicular use areas with curbs or wheel stops.
(c)
Encroachment into right-of-way. No property owner may place landscaping elements within any public right-of-way or public property without the express permission from the Common Council.
(d)
Maintenance. Property owners must continuously maintain all landscape areas including necessary watering; weeding; pruning; pest control; litter and debris cleanup; and replacement of dead, diseased, or damaged plant material.
(10)
Landscape plans. Property owners shall submit any change to a property's landscaping triggered by this section within a landscaping plan stamped by a landscape architect licensed to practice in the State of Wisconsin. The plan shall describe each individual landscape area and the calculations used for each area to meet the requirements of this section. The plan shall also include a species list, installation instructions, and maintenance standards prescribed by the landscape architect of record.
(11)
Alternative compliance. The Zoning Administrator may approve alternative compliance landscape plans for projects implementing low-impact development practices or seeking sustainable development or green building certifications from nationally recognized organizations, such as the International Code Council, the U.S. Green Building Council, the International Living Future Institute, the U.S. Green Building Initiative, or SITES.
B.
Screening. These regulations apply to all fences, walls, and similar structures intended to screen property or limit access.
(1)
Prohibited locations. Property owners may build screening structures up to the property line, but they may not encroach upon public property or rights-of-way.
(2)
General regulations.
(a)
Maximum height.
Table IV-10 Screening Structures Height Maxima | ||
|---|---|---|
Yard | Maximum Height (feet) | |
Zone | Z-1, M-1 | Z-2, Z-3, Z-4 |
Street Side and Front | 6 | 4 |
Street Rear | 6 | 6 |
Side and Rear | 8 | 6 |
Figure IV-1 Screening Heights  |
(b)
Plat of survey and permit. No property owner may erect a fence without first obtaining a plat of survey and permit. No property owner may erect a fence without first obtaining a plat of survey with monumented property corners and a permit from the Building Inspector.
(c)
Sides. Property owners shall erect fences so the more aesthetically pleasing side faces the adjacent neighbor, public right-of-way, or City-approved private drive. Structural members supporting the fence shall be on the interior side.
(3)
Materials.
(a)
Required materials. Property owners may construct screening structures of masonry, stone, metal, wood, or gabions filled with stone material. Additionally, R uses may use vinyl, composite material, or chain-link in rear yards only. The Zoning Administrator may approve the use of alternative materials provided that the materials are equivalent in suitability, strength, and durability.
[1]
Masonry. Property owners must construct masonry walls of attractive, high-quality, durable-finish materials such as brick, cast stone, decorative block, or stucco over standard concrete masonry blocks. The color, texture, and type of materials used on masonry walls must match or complement the materials used on the principal building on the subject lot.
[2]
Ornamental metal fence. Ornamental metal fences must have decorative metal pickets at least 0.75 inches wide spaced no farther apart than an average six inches on center. Ornamental metal fences may include masonry, stone, or wood piers.
[3]
Opaque fences. Opaque fences shall completely obscure the view of the screened area. Property owners may construct an opaque fence of masonry, stone, metal, wood, vinyl or composite material, gabions filled with stone material, or a combination of such materials. The City does not consider chain-link fences with slats or mesh screening opaque fences.
(b)
Hazardous materials. No property owner may install any electrified, barbed wire, razor wire, or any other type of material designed to cause bodily harm except in an M-1 Zone.
(4)
Height measurement. The City measures the height of screening structures as the vertical distance from the average finished grade on the inside of the fence to the top of the fence or wall. The City measures fences atop walls or landscape features from the average finished grade at the base of the wall or landscape feature. Fence posts, supporting structures, and ornamentation may extend up to 12 inches above the maximum fence height limits.
§ 15.24 Outdoor lighting.
A.
General.
(1)
Purpose and intent. This section's purpose is to protect the public health, safety, and welfare by applying lighting standards intended to preserve community character; permit reasonable uses of outdoor lighting for nighttime safety, utility, productivity, security, and enjoyment; promote efficient and cost-effective lighting and conserve energy; minimize light pollution, light trespass, glare, and offensive light sources; provide a nighttime environment that includes the ability to view stars and planets against a dark sky; reduce adverse impacts of outdoor lighting on wildlife habitat and human health; prevent inappropriate, poorly designed, or installed outdoor lighting; encourage high-quality lighting design; and to establish outdoor lighting standards and maximum light levels within and on property lines.
(2)
Application.
(a)
New lighting. All new lighting shall meet the requirements of this section. This requirement includes all new development and redevelopment, including but not limited to thoroughfares, commercial, agricultural, governmental, and industrial properties, recreational facilities, residential neighborhoods, multifamily parcels, single-family home sites, and illuminated signs.
(b)
Additions or modifications to existing structures. If the total cumulative increase in floor area is greater than 50%, or if the total cumulative cost of any exterior modification, alteration, or repair is greater than 50% of the valuation of the building as determined by the City, then all exterior lighting fixtures shall comply and/or be upgraded for compliance with this Code.
(c)
Existing lighting. Cumulative modification, replacement, or repair of outdoor lighting constituting 50% or more of the permitted lighting output level for the parcel, no matter the actual amount of lighting already on the site, shall require all exterior lighting to comply with this Code. For this section, replacing burned-out lamps with new lamps or fixtures of the same type and lighting output level is not considered a modification, replacement, or repair.
(3)
Lighting measurements and metrics.
(a)
Measurements. The City shall measure light levels for light trespass at the property line, at the boundary of public right-of-way that adjoins the property, and at finished grade (ground level), with the light-registering portion of the meter held parallel to the ground pointing up, and measured in foot-candles (FC).
(b)
Metrics.
[1]
Lighting and photometric plans. The City shall measure lumens per acre.
[2]
Site inspections. The City shall measure foot-candles at the property boundary.
[3]
Permit applications for illuminated signs. The City shall measure candelas.
[4]
Illuminated area of property, measured in lumens. The City shall measure total outdoor light output.
B.
Administration.
(1)
Permitting process. The City must review all new exterior or outdoor lighting for zoning compliance. The applicant shall submit a photometric plan for staff review during the zoning compliance review process.
(2)
Photometric plan submittal requirements.
(a)
Site plan. The photometric plan shall include a site plan showing the location of all buildings, building heights, and parking and pedestrian areas on the lot or parcel.
(b)
Trees. The photometric plan shall include the location and description, including the mature height of existing and proposed trees.
(c)
Proposed and existing fixtures. The photometric plan shall include the location and height above grade of all proposed and existing light fixtures on the subject property.
(d)
Fixture details. The photometric plan shall include the fixture type, initial lumen rating, correlated color temperature, and color rendering index of each lamp source.
(e)
Fixture style. The photometric plan shall include the general style of the light fixture, such as cutoff, lantern, coach light, or globe, and a copy of the manufacturer's catalog information sheet and IESNA photometric distribution type, including any shielding information, such as house side shields, internal, and/or external shields.
(f)
Controls. The photometric plan shall include the control descriptions, including the type of controls (a timer, motion sensor, time clock, etc.), the light fixtures controlled by each type, and the control schedule when required. Property owners shall significantly reduce lighting using adaptive controls during non-operational hours to allow lighting only necessary for security purposes and meeting the lighting control provisions. The photometric plan submitted for review shall note where this distinction occurs.
(g)
Calculations. The photometric plan shall include a light calculation that shows the maximum light levels on a grid not to exceed 10 feet by 10 feet across the entire site and a minimum of 10 feet beyond the lot or parcel property line. The grid shall also indicate maximum to minimum uniformities for each specific use area, such as parking and circulation areas, pedestrian areas, and other shared public areas. The calculations shall also include a calculation of the total outdoor light output for the illuminated area of the property in lumens.
(h)
Foot-candle levels. The photometric plan shall include a photometric design layout for the site of all illuminated vertical and horizontal surfaces showing the design foot-candle levels.
(i)
Aiming angles and diagrams. The photometric plan shall include aiming angles and diagrams for sports lighting fixtures.
(3)
Warranting. New outdoor lighting installations will only be installed on public properties and rights-of-way upon the Zoning Administrator's determination that a public safety hazard exists in the area to be lit and that the hazard can only be effectively mitigated through outdoor lighting and not through some other passive means, such as reflectorized roadway paint or markers.
(5)
Exemptions. The City exempts the following lighting from the lighting standards contained in this section; however, the maximum light levels at property lines for various uses shall always apply.
(a)
Emergency lighting. The City excludes emergency lighting turned on in the event of a power failure or a site-specific emergency from the total lumen calculations for the site. The City strictly prohibits the use of such lighting outside of an emergency.
(b)
Emergency services lighting. The City excludes searchlights, floodlights, laser source lights, strobe or flashing lights, or any similar high-intensity lights for use by police, fire, medical, utility, or air-traffic personnel or at their direction.
(c)
Infrared security lighting. The City exempts lights emitting infrared radiation for remote security systems, with the conditions that property owners must fully shield fixed lights, must mount movable lights, such as spotlights, so that they cannot direct them higher than 20 degrees below the horizontal measured from the center of the beam to determine the threshold, and that the fixtures must meet the lighting control provisions.
(d)
Temporary decorative holiday lighting. The City exempts temporary holiday lighting, provided it does not create glare for motorists or result in light trespass onto adjacent properties.
(e)
Residential landscape lighting. The City exempts low voltage (12 volts or less), low wattage ornamental landscape lighting fixtures, and solar operated light fixtures having self-contained rechargeable batteries, where any single light fixture does not exceed 25 lumens.
(f)
Flags and public monuments. The City exempts flags and public monuments with heights equal to or less than 20 feet above ground level from below. Property owners may illuminate flagpoles with up to two spotlight type luminaires, utilizing shields or diffusers to reduce glare, whose maximum combined lumen output is 75 lumens per linear foot of pole height, measured from the level of the luminaire above grade to the top of the flagpole. Property owners shall mount luminaires so their lenses are perpendicular to the flagpole and the light output points directly toward the flag(s).
(g)
Special events. The City exempts temporary lighting for permitted special events for the duration of the event, provided such lighting does not create glare to motorists or pedestrians or result in light trespass onto adjacent properties.
(6)
Prohibited lighting.
(a)
Prohibited lamp types. The City prohibits mercury vapor lamps and low-pressure sodium lamps.
(b)
Prohibited architectural lighting. The City prohibits unshielded lights; blinking, flashing, moving, revolving, flickering, color or intensity changing, and chase lighting; exposed linear lamps primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement; upward lighting, including sign lighting; lights which illuminate a structure with a reflective or glass exterior surface.
(c)
Prohibited unsafe lights. The City prohibits any light fixture that may be confused with or construed as a traffic control device; searchlights, beacons, and laser source lights; strobe or flashing lights; illusion lights; or any other high intensity light.
(d)
Prohibited lighting colors. The City prohibits lamps emitting a correlated color temperature exceeding 3,000 Kelvin.
C.
Lighting regulations.
(1)
Classifications.
(a)
Class 1 lighting (high activity areas). Lighting used for highways, outdoor sales or eating areas, assembly or repair areas, signage, sports and recreational facilities, and other similar applications where accurate color rendition is important to preserve the effectiveness of the activity.
(b)
Class 2 lighting (security and public safety). Lighting used for illumination of local roadways, walkways, bike paths, equipment yards, parking lots, and outdoor security where general illumination for safety or security of the grounds is the primary purpose.
(c)
Class 3 lighting (decorative and accent). Lighting used for decorative effects to illuminate architecture and landscaping elements.
(d)
Multi-class lighting. Lighting used for more than one purpose must conform to the standards that apply to the most restrictive included class.
(2)
Standards.
(a)
Locations. Property owners shall install outdoor lighting only in locations where necessary, and shall not install exterior building lighting in locations 20 feet above ground level.
(b)
Fully shielded. Property owner shall install fully shielded outdoor light fixtures to prevent skyglow, and shall fully recess soffit- or canopy-mounted light fixtures into the supporting structure to prevent unnecessary backlighting and glare.
(3)
Maximum lighting output levels. Lighting levels shall not exceed the maximum outputs below, specified as initial lumens per net acre of any development project (net acreage is the total developed area of the parcel). A property owner may increase the total site output by 10% if the lighting is 2,700 Kelvin CCT or below.
Table IV-11: Maximum Lighting Output Levels | |
|---|---|
Type | Total Site Output (includes landscape lighting) |
Z-2 District | 5,000 initial lumens per lot |
Z-1, Z-3, Z-4, and M-1 Districts | 70,000 initial lumens per net acre |
(4)
Shielding and light trespass.
(a)
Aiming. Property owners shall aim all light fixtures to confine the direct illumination to the property boundaries of the source. Property owners may not aim lighting onto adjacent properties, except in cases of shared parking, shared pedestrian pathways, or for coordinated development sites spanning multiple parcels.
(b)
Light levels.
Table IV-12: Maximum Light Levels at Property Lines | |
|---|---|
Use Type | Maximum Level at Property Line (foot-candles) |
Z-1 District | 0.0 |
Z-2 District | 0.1 |
Z-3, Z-4, and M-1 Districts | 0.5 |
(5)
Fixture height.
Table IV-13: Maximum Fixture Height From Ground Level | |
|---|---|
Lighting Class | Maximum Fixture Height From Ground Level (feet) |
1 | 30 |
2 | 20 |
3 | 20 |
D.
Lighting standards for specific uses.
(1)
Pedestrian walkway lighting. Entries from streets or footpaths shall have at least one downward projecting, dusk-to-dawn photocell-controlled light placed at the intersection of the street and path and the footpath and entry.
(2)
Recreational facilities and athletic fields.
(a)
Practical extent. Property owners shall shield lighting at public and private outdoor recreational facilities, such as playing fields, arenas, and tracks, to the greatest practical extent to reduce glare, safety hazards, light trespass, and light pollution.
(b)
Surface of play. Property owners shall provide recreational lighting exclusively for the illumination of the surface of play and adjacent viewing stands, and not for any other application, such as lighting a parking lot.
(c)
Hours. Property owners shall extinguish recreational lighting within one hour of the end of active play.
§ 15.25 Performance standards.
A.
Purpose. These performance standards limit, restrict, and prohibit the effects of uses outside their premises or district. In addition to their use and site regulations, all structures, land, air, and waters shall comply with this section. Property owners must also meet all other applicable City, county, state, and federal regulations, for example, regarding air and water pollution, radioactivity, or storage of combustible materials.
B.
Glare and heat. No activity shall emit glare or heat that is visible or measurable outside its premises except activities that may emit direct or sky-reflected glare, which shall not be visible outside its district. Property owners shall conduct all operations producing intense glare or heat within a completely enclosed building.
C.
Noise.
(1)
Maximum levels. No property owner may emit any noise from any source measured at any distance beyond 50 feet of the property line or public right-of-way exceeding the indicated amounts. Property owners shall muffle all noises to prevent fluctuations above the amounts indicated.
Table IV-14 Maximum Noise Levels | |
|---|---|
Zone | Maximum Decibel (dBA) Level |
Z-1, Z-2 | 70 |
Z-3 | 75 |
Z-4, M-1 | 80 |
(2)
Exceptions. This section shall not apply to construction machinery when engaged in bona fide, temporary construction work between 7:00 a.m. and 7:00 p.m. Such hour limitations shall not apply to emergencies, noises necessary or required by law for the protection or preservation of persons, or to licensed and authorized fireworks displays.
D.
Odors. No activity shall emit offensive, obnoxious, or unhealthful odors outside their premises.
E.
Vibration. No activity in any district shall emit vibrations discernable without using instruments outside its premises. No activity shall emit vibrations that exceed the following displacement measured with a three-component measuring system.
Table IV-15 Maximum Vibration Levels | ||
|---|---|---|
Frequency (Cycles per second) | Outside the Premises | Displacement (inches) Outside the District |
0 to 10 | 0.0020 | 0.0004 |
10 to 20 | 0.0010 | 0.0002 |
20 to 30 | 0.0006 | 0.0001 |
30 to 40 | 0.0004 | 0.0001 |
40 to 50 | 0.0003 | 0.0001 |
50 and over | 0.0002 | 0.0001 |
§ 15.26 Construction site erosion and sediment control.
B.
Administration. In addition to the Zoning Administrator, the City Engineer shall administer and enforce the provisions of this chapter.
C.
No preemption. The requirements of this chapter do not preempt more stringent erosion and sediment control requirements imposed by the Wisconsin Department of Natural Resources.
D.
Findings of fact. The Common Council acknowledges that runoff from land-disturbing construction activity carries a significant amount of sediment and other pollutants to the waters located in the City of South Milwaukee.
E.
Purpose. It is the purpose of this chapter to maintain safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion and sediment discharge; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth by minimizing the amount of sediment and other pollutants carried by runoff or discharged from land-disturbing construction activity to waters of the state in the City of South Milwaukee.
F.
Applicability and jurisdiction.
(1)
Applicability. Except as provided, this section applies to any construction site. Notwithstanding the applicability requirements, this chapter applies to construction sites of any size that, as determined by the City Engineer, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, or that increases water pollution by scouring or transporting of particulate. This chapter does not apply to the following:
(a)
Transportation facilities, except transportation facility construction projects that are part of a larger common plan of development such as local roads within a residential or industrial development.
(b)
A construction project exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under 40 CFR Part 122, for land-disturbing construction activity.
(c)
Nonpoint discharges from agricultural facilities and practices.
(d)
Nonpoint discharges from silviculture activities.
(e)
Routine maintenance for project sites that have less than five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility.
(2)
Jurisdiction. This chapter applies to land-disturbing construction activity on lands within the boundaries and jurisdiction of the City of South Milwaukee.
G.
Applicability of maximum extent practicable. Maximum extent practicable applies when a person who is subject to a performance standard of this chapter demonstrates to the City Engineer's satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the responsible party shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties.
H.
Technical standards. All BMPs required for compliance with this chapter shall meet design criteria, standards and specifications based on any of the following:
(1)
Design guidance and technical standards identified or developed by the Wisconsin Department of Natural Resources under Subchapter V of Chapter NR 151, Wis. Adm. Code.
(2)
Soil loss prediction tools [such as the Universal Soil Loss Equation (USLE)] when using an appropriate rainfall or runoff factor (also referred to as the "R factor") or an appropriate design storm and precipitation distribution, and when considering the geographic location of the site and the period of disturbance.
(3)
Technical standards and methods approved by the City Engineer.
I.
Performance standards for construction sites under one acre.
(1)
Responsible party. The responsible party shall comply with this section.
(2)
Erosion and sediment control practices. Erosion and sediment control practices at each site where land-disturbing construction activity is to occur shall be used to prevent or reduce all of the following:
(a)
The deposition of soil from being tracked onto streets by vehicles.
(b)
The discharge of sediment from disturbed areas into on-site stormwater inlets.
(c)
The discharge of sediment from disturbed areas into adjacent waters of the state.
(d)
The discharge of sediment from drainageways that flow off the site.
(e)
The discharge of sediment by dewatering activities.
(f)
The discharge of sediment eroding from soil stockpiles existing for more than seven days.
(g)
The transport by runoff into waters of the state of chemicals, cement, and other building compounds and materials on the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subsection.
(3)
Location. The BMPs shall be located so that treatment occurs before runoff enters waters of the state.
(4)
Implementation. The BMPs used to comply with this section shall be implemented as follows:
(a)
Erosion and sediment control practices shall be constructed or installed before land-disturbing construction activities begin.
(b)
Erosion and sediment control practices shall be maintained until final stabilization.
(c)
Final stabilization activity shall commence when land-disturbing activities cease and final grade has been reached on any portion of the site.
(d)
Temporary stabilization activity shall commence when land-disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
(e)
BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
J.
Performance standards for construction sites of one acre or more.
(1)
Responsible party. The responsible party shall comply with this section and implement the erosion and sediment control plan developed in accordance with Subsection K.
(2)
Erosion and sediment control plan. A written site-specific erosion and sediment control plan shall be developed in accordance with Subsection K of this section and implemented for each construction site.
(3)
Erosion and other pollutant control requirements. The erosion and sediment control plan required shall include the following.
(a)
Erosion and sediment control practices. Erosion and sediment control practices at each site where land-disturbing construction activity is to occur shall be used to prevent or reduce all of the following:
[1]
The deposition of soil from being tracked onto streets by vehicles.
[2]
The discharge of sediment from disturbed areas into on-site stormwater inlets.
[3]
The discharge of sediment from disturbed areas into adjacent waters of the state.
[4]
The discharge of sediment from drainageways that flow off the site.
[5]
The discharge of sediment by dewatering activities.
[6]
The discharge of sediment eroding from soil stockpiles existing for more than seven days.
[7]
The discharge of sediment from erosive flows at outlets and in downstream channels.
[8]
The transport by runoff into waters of the state of chemicals, cement, and other building compounds and materials on the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subsection.
[9]
The transport by runoff into waters of the state of untreated wash water from vehicle and wheel washing.
(b)
Sediment performance standards. In addition to the erosion and sediment control practices under Subsection J(3)(a), the following erosion and sediment control practices shall be employed:
[1]
BMPs that, by design, discharge no more than five tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization.
[2]
No person shall be required to employ more BMPs than are needed to meet a performance standard in order to comply with maximum extent practicable. Erosion and sediment control BMPs may be combined to meet the requirements of this paragraph. Credit may be given toward meeting the sediment performance standard of this paragraph for limiting the duration or area, or both, of land-disturbing construction activity, or for other appropriate mechanisms.
[3]
Notwithstanding Subsection L(3)(b)[1], if BMPs cannot be designed and implemented to meet the sediment performance standard, the erosion and sediment control plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.
(c)
Preventive measures. The erosion and sediment control plan shall incorporate all of the following:
[1]
Maintenance of existing vegetation, especially adjacent to surface waters whenever possible.
[2]
Minimization of soil compaction and preservation of topsoil.
[3]
Minimization of land-disturbing construction activity on slopes of 20% or more.
[4]
Development of spill prevention and response procedures.
(d)
Location. The BMPs used to comply with this section shall be located so that treatment occurs before runoff enters waters of the state.
(4)
Implementation. The BMPs used to comply with this section shall be implemented as follows:
(a)
Erosion and sediment control practices shall be constructed or installed before land-disturbing construction activities begin in accordance with the erosion and sediment control plan developed in Subsection L(2).
(b)
Erosion and sediment control practices shall be maintained until final stabilization.
(c)
Final stabilization activity shall commence when land-disturbing activities cease and final grade has been reached on any portion of the site.
(d)
Temporary stabilization activity shall commence when land-disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
(e)
BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
K.
Permitting requirements, procedures, and fees.
(1)
Permit required. No responsible party may commence a land-disturbing construction activity subject to this chapter without receiving prior approval of an erosion and sediment control plan for the site and a permit from the City Engineer.
(2)
Permit application and fees. The responsible party that will undertake a land-disturbing construction activity subject to this chapter shall submit an application for a permit and an erosion and sediment control plan that meets the requirements and shall pay an application fee. By submitting an application, the applicant is authorizing the City Engineer to enter the site to obtain information required for the review of the erosion and sediment control plan.
(3)
Permit application review and approval. The City Engineer shall review any permit application that is submitted with an erosion and sediment control plan, and the required fee. The following approval procedure shall be used:
(a)
Within 14 business days of the receipt of a complete permit application, as required by Subsection J(2), the City Engineer shall inform the applicant whether the application and erosion and sediment control plan are approved or disapproved based on the requirements of this chapter.
(b)
If the permit application and erosion and sediment control plan are approved, the City Engineer shall issue the permit.
(c)
If the permit application or erosion and sediment control plan is disapproved, the City Engineer shall state in writing the reasons for disapproval.
(d)
The City Engineer may request additional information from the applicant. If additional information is submitted, the City Engineer shall have seven business days from the date the additional information is received to inform the applicant that the erosion and sediment control plan is either approved or disapproved.
(e)
Failure by the City Engineer to inform the permit applicant of a decision within 30 business days of a required submittal shall be deemed to mean approval of the submittal and the applicant may proceed as if a permit had been issued.
(4)
Surety bond. As a condition of approval and issuance of the permit, the City Engineer may require the applicant to deposit a surety bond or irrevocable letter of credit to guarantee a good faith execution of the approved erosion and sediment control plan and any permit conditions.
(5)
Permit requirements. All permits shall require the responsible party to:
(a)
Notify the City Engineer within 48 hours of commencing any land-disturbing construction activity.
(b)
Notify the City Engineer of completion of any BMPs within 14 days after their installation.
(c)
Obtain permission in writing from the City Engineer prior to any modification pursuant to § 15.26L(3) of the erosion and sediment control plan.
(d)
Install all BMPs as identified in the approved erosion and sediment control plan.
(e)
Maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities identified in the erosion and sediment control plan.
(f)
Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land-disturbing construction activities and document repairs in a site inspection log.
(g)
Inspect the BMPs within 24 hours after each rain of 0.5 inch or more which results in runoff during active construction periods, and at least once each week. Make needed repairs and install additional BMPs as necessary, and document these activities in an inspection log that also includes 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.
(h)
Allow the City Engineer to enter the site for the purpose of inspecting compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with the erosion and sediment control plan. Keep a copy of the erosion and sediment control plan at the construction site.
(7)
Permit duration. Permits issued under this section shall be valid for a period of 180 days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The City Engineer may grant one or more extensions not to exceed 180 days cumulatively. The City Engineer may require additional BMPs as a condition of an extension if they are necessary to meet the requirements of this chapter.
(8)
Maintenance. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of this chapter until the site has undergone final stabilization.
L.
Erosion and sediment control plan, statement and amendments.
(1)
Erosion and sediment control plan statement. For each construction site identified under § 15.26F(1), the property owner shall prepare an erosion and sediment control plan statement. They shall submit this statement to the City Engineer. The erosion and sediment control plan statement shall briefly describe the site, the development schedule, and the BMPs used to meet the requirements of the ordinance. A site map shall also accompany the erosion and sediment control plan statement.
(2)
Erosion and sediment control plan requirements.
(a)
General requirements. A property owner shall prepare and submit an erosion and sediment control plan to the City Engineer. The erosion and sediment control plan shall meet the performance standards in § 15.26I or J and other requirements of this chapter. 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:
[1]
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.
[2]
Description of the construction site and the nature of the land-disturbing construction activity, including representation of the limits of land disturbance on a United States Geological Service 7.5 minute series topographic map.
[3]
Description of the intended sequence of major land-disturbing construction activities for major portions of the construction site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation.
[4]
Estimates of the total area of the construction site and the total area of the construction site that is expected to be disturbed by land-disturbing construction activities.
[6]
Existing data describing the surface soil as well as subsoils.
[7]
Depth to groundwater, as indicated by Natural Resources Conservation Service soil information where available.
[8]
Name of the immediate named receiving water from the United States Geological Service 7.5 minute series topographic maps.
(b)
Map requirements. The erosion and sediment control plan shall include a site map. The site map shall include the following items and shall be at a scale not greater than 100 feet per inch and at a contour interval not to exceed five feet.
[1]
Existing topography, vegetative cover, natural and engineered drainage systems, roads and surface waters. Lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site shall be shown. Any identified 100-year floodplains, flood fringes and floodways shall also be shown.
[2]
Boundaries of the construction site.
[3]
Drainage patterns and approximate slopes anticipated after major grading activities.
[4]
Areas of soil disturbance.
[5]
Location of major structural and non-structural controls identified in the erosion and sediment control plan.
[6]
Location of areas where stabilization BMPs will be employed.
[7]
Areas which will be vegetated following land-disturbing construction activities.
[8]
Area(s) and location(s) of wetland on the construction site, and locations where stormwater is discharged to a surface water or wetland within 1/4 mile downstream of the construction site.
[9]
Area(s) used for infiltration of post-construction stormwater runoff.
[10]
An alphanumeric or equivalent grid overlying the entire construction site map.
(c)
BMP description requirements. Each erosion and sediment control plan shall include a description of appropriate control BMPs that will be installed and maintained at the construction site to prevent pollutants from reaching waters of the state. The erosion and sediment control plan shall clearly describe the appropriate erosion and sediment control BMPs for each major land-disturbing construction activity and the timing during the period of land-disturbing construction activity that the erosion and sediment control BMPs will be implemented. The description of erosion and sediment control BMPs shall include, when appropriate, the following minimum requirements:
[1]
Description of interim and permanent stabilization practices, including a BMP implementation schedule. The erosion and sediment control plan shall ensure that existing vegetation is preserved where attainable and that disturbed portions of the site are stabilized.
[2]
Description of structural practices to divert flow away from exposed soils, store flows or otherwise limit runoff and the discharge of pollutants from the site. Unless otherwise specifically approved in writing by the City Engineer, structural measures shall be installed on upland soils.
[3]
Management of overland flow at all areas of the construction site, unless otherwise controlled by outfall controls.
[4]
Trapping of sediment in channelized flow.
[5]
Staging land-disturbing construction activities to limit exposed soil areas subject to erosion.
[6]
Protection of downslope drainage inlets where they occur.
[7]
Minimization of tracking at all vehicle and equipment entry and exit locations of the construction site.
[8]
Clean up of off-site sediment deposits.
[9]
Proper disposal of building and waste material.
[10]
Stabilization of drainageways.
[11]
Installation of permanent stabilization practices as soon as possible after final grading.
[12]
Minimization of dust to the maximum extent practicable.
(d)
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.
(3)
Erosion and sediment control plan amendments. The applicant shall amend the erosion and sediment control plan if any of the following occur:
(a)
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 erosion and sediment control plan.
(b)
The actions required by the erosion and sediment control plan fail to reduce the impacts of pollutants carried by construction site runoff.
(c)
The City Engineer notifies the applicant of changes needed in the erosion and sediment control plan.
M.
Fee schedule. Applicable fees referred to in other sections of this chapter shall be established by the Common Council and may from time to time be modified by resolution. A schedule of any applicable fees is established by the Administrative Fee Schedule.
N.
Inspection. If land-disturbing construction activities are occurring without a permit required by this chapter, the City Engineer may enter the land pursuant to the provisions of Wis. Stats., § 66.0119(1), (2), and (3).
O.
Enforcement.
(1)
Stop-work order. The City Engineer may post a stop-work order if any of the following occurs:
(2)
Revoke permit. If the responsible party does not cease activity as required in a stop-work order posted under this section or fails to comply with the erosion and sediment control plan or permit conditions, the City Engineer may revoke the permit.
(3)
Cease and desist. If the responsible party, where no permit has been issued or the permit has been revoked, does not cease the activity after being notified by the City Engineer, or if a responsible party violates a stop-work order posted under Subsection N(1), the City Engineer may request the City Attorney to obtain a cease and desist order in any court with jurisdiction.
(4)
Retraction. The City Engineer may retract a stop-work order or a permit revocation.
(5)
Notice. After posting a stop-work order, the City Engineer may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this chapter. The City Engineer may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the City Engineer, plus interest at the rate authorized by the City Engineer, shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Wis. Stats., Ch. 66, Subch. VII.
§ 15.27 Post-construction stormwater management.
A.
Authority. The Common Council adopted this section under the authority granted by § 62.234, Wis. Stats. This section supersedes all provisions of any ordinance previously enacted under § 62.23, Wis. Stats., that relate to stormwater management regulations. Except as otherwise specified in § 62.234, Wis. Stats., § 62.23, Wis. Stats., applies to this chapter and to any amendments to this section.
B.
Enforcement. The Common Council hereby designates the City Engineer to administer and enforce the provisions of this section.
C.
Other applicable rules and regulations. The requirements of this section do not preempt more stringent stormwater management requirements from the Wisconsin Department of Natural Resources.
D.
Findings of fact. The Common Council 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:
(1)
Degrade physical stream habitat by increasing stream bank erosion, increasing streambed scour, diminishing groundwater recharge, diminishing stream base flows and increasing stream temperature.
(2)
Diminish the capacity of lakes and streams to support fish, aquatic life, recreational and water supply uses by increasing pollutant loading of sediment, suspended solids, nutrients, heavy metals, bacteria, pathogens and other urban pollutants.
(3)
Alter wetland communities by changing wetland hydrology and by increasing pollutant loads.
(4)
Reduce the quality of groundwater by increasing pollutant loading.
(5)
Threaten public health, safety, property and general welfare by overtaxing storm sewers, drainageways, and other minor drainage facilities.
E.
Purpose and intent.
(1)
Purpose. The general purpose of this section is to establish long-term, post-construction runoff management requirements that will diminish the threats to public health, safety, 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; and control increases in the scouring and transportation of particulate matter.
(d)
Minimize the amount of pollutants discharged from the separate storm sewer to protect the waters of the state.
(2)
Intent. It is the intent of the Common Council that this section regulates post-construction stormwater discharges to waters of the state. This section may be applied on a site-by-site basis. The Common Council recognizes, however, that the preferred method of achieving the stormwater performance standards set forth in this section 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 Common Council, it is the intent of this section that the approved stormwater management plan be used to identify post-construction management measures acceptable for the community.
F.
Applicability.
(1)
Applicability.
(a)
Except as provided, this section applies to a post-construction site whereupon one acre or more of land-disturbing construction activity occurs during construction. A site that meets any of the criteria in this paragraph is exempt from the requirements of this section:
[1]
A post-construction site with less than 10% connected imperviousness, based on the area of land disturbance, provided the cumulative area of all impervious surfaces is less than one acre. However, the exemption of this paragraph does not include exemption from the protective area standard of this section.
[2]
Agricultural facilities and practices.
[3]
Underground utility construction, but not including the construction of any aboveground structures associated with utility construction.
(b)
Notwithstanding the applicability requirements, this section applies to post-construction sites of any size that, as determined by the City Engineer, 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.
G.
Applicability of maximum extent practicable. Maximum extent practicable applies when a person who is subject to a performance standard of this section demonstrates to the City Engineer's satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the responsible party shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties.
H.
Technical standards. The following methods shall be used in designing the water quality, peak discharge, and infiltration components of stormwater practices needed to meet the water quality standards of this section:
(1)
Consistent with the technical standards identified, developed or disseminated by the Wisconsin Department of Natural Resources under Subchapter V of Chapter NR 151, Wis. Adm. Code.
(2)
Where technical standards have not been identified or developed by the Wisconsin Department of Natural Resources, other technical standards may be used provided that the methods have been approved by the City Engineer.
I.
Performance standards.
(1)
Responsible party. The responsible party shall comply with this section.
(2)
Stormwater management plan. A written stormwater management plan in accordance with Subsection J shall be developed and implemented for each post-construction site.
(3)
Maintenance of effort. For redevelopment sites where the redevelopment will be replacing older development that was subject to post-construction performance standards of NR 151 in effect on or after October 1, 2004, the responsible party shall meet the total suspended solids reduction, peak flow control, infiltration, and protective areas standards applicable to the older development or meet the redevelopment standards of this section, whichever is more stringent.
(4)
Requirements. The stormwater management plan required under § 15.27I(2) shall include the following:
(a)
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:
[1]
BMPs shall be designed in accordance with Table IV-16 TSS Reduction Standards, or to the maximum extent practicable as provided in Subsection I(4)(a)[1][a]. The design shall be based on an average annual rainfall, as compared to no runoff management controls.
Table IV-16 TSS Reduction Standards | |
|---|---|
Development Type | TSS Reduction |
New development | 80% |
In-fill development | 80% |
Redevelopment | 40% of load from parking areas and roads |
[a]
Maximum extent practicable. If the design cannot meet a total suspended solids reduction performance standard of Table IV-16 TSS Reduction Standards, the stormwater management plan shall include a written, site-specific explanation of why the total suspended solids reduction performance standard cannot be met and why the total suspended solids load will be reduced only to the maximum extent practicable.
[b]
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.
(b)
Peak discharge.
[1]
By design, BMPs shall be employed to maintain or reduce the one-year, 24-hour; and the two-year, 24-hour post-construction peak runoff discharge rates to the one-year, 24-hour; and the two-year, 24-hour pre-development peak runoff discharge rates respectively, or to the maximum extent practicable. The runoff curve numbers in Table IV-17 Maximum Pre-Development Runoff Curve Numbers 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 City Engineer may allow the use of TP-40 precipitation depths and the Type II distribution.
Table IV-17 Maximum Pre-Development Runoff Curve Numbers | ||||
|---|---|---|---|---|
Runoff Curve Number | Hydrologic Soil Group | |||
A | B | C | D | |
Woodland | 30 | 55 | 70 | 77 |
Grassland | 39 | 61 | 71 | 78 |
Cropland | 55 | 69 | 78 | 83 |
[2]
This subsection does not apply to any of the following:
(c)
Infiltration.
[1]
Best management practices. BMPs shall be designed, installed, and maintained to infiltrate runoff in accordance with the following or to the maximum extent practicable:
[a]
Low imperviousness. For development up to 40% 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 90% 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 1% of the post-construction site is required as an effective infiltration area.
[b]
Moderate imperviousness. For development with more than 40% and up to 80% connected imperviousness, such as medium- and high-density residential, multi-family development, industrial and institutional development, and office parks, infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 75% of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the post-construction site is required as an effective infiltration area.
[c]
High imperviousness. For development with more than 80% connected imperviousness, such as commercial strip malls, shopping centers, and commercial downtowns, infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 60% of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the post-construction site is required as an effective infiltration area.
[2]
Pre-development. The pre-development condition shall be the same as specified in Table IV-17 Maximum Pre-development Runoff Curve Numbers of the peak discharge subsection of this section.
[3]
Source areas.
[a]
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 § 15.27I(4)(c)[6].
[i]
Areas associated with a tier one industrial facility identified in § NR 216.21(2)(a), including storage, loading and parking. Rooftops may be infiltrated with the concurrence of the regulatory authority.
[ii]
Storage and loading areas of a tier two industrial facility identified in § NR 216.21(2)(b).
[iii]
Fueling and vehicle maintenance areas. Runoff from rooftops of fueling and vehicle maintenance areas may be infiltrated with the concurrence of the regulatory authority.
[b]
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:
[i]
Parking areas and access roads less than 5,000 square feet for commercial development.
[ii]
Parking areas and access roads less than 5,000 square feet for industrial development not subject to the prohibitions under § 15.27I(4)(c)[3][a].
[iv]
In-fill development areas less than five acres.
[v]
Roads on commercial, industrial and institutional land uses, and arterial residential roads.
[4]
Location of practices.
[a]
Prohibitions. Infiltration practices may not be located in the following areas:
[i]
Areas within 1,000 feet upgradient or within 100 feet downgradient of direct conduits to groundwater.
[ii]
Areas within 400 feet of a community water system well as specified in § NR 811.16(4) or within the separation distances listed in § 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.
[iii]
Areas where contaminants of concern, as defined in § NR 720.03(2), are present in the soil through which infiltration will occur.
[b]
Separation distances.
[i]
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 IV-18 Separation Distance and Soil Characteristics | ||
|---|---|---|
Source Area | Separation Distance | Soil Characteristics |
Industrial, commercial, institutional parking lots and roads | 5 feet or more | Filtering layer |
Residential arterial roads | 5 feet or more | Filtering layer |
Roofs draining to subsurface infiltration practices | 1 foot or more | Native or engineered soil with particles finer than coarse sand |
Roofs draining to surface infiltration practices | Not applicable | Not applicable |
All other impervious source areas | 3 feet or more | Filtering layer |
[ii]
Notwithstanding § 15.27I(4)(c)[4][b], applicable requirements for injection wells classified under Ch. NR 815 shall be followed.
[c]
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:
[i]
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.
[ii]
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.
[5]
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.
[6]
Infiltration systems.
[a]
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 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.
[7]
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 § 15.27I(4)(c)[6]. Pretreatment options may include, but are not limited to, oil and grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
[8]
Maximum extent practicable. Where the conditions of § 15.27I(4)(c)[3] and [4] limit or restrict the use of infiltration practices, the performance standard of § 15.27I(4)(e) shall be met to the maximum extent practicable.
(d)
Protective areas.
[1]
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.
[a]
For outstanding resource waters and exceptional resource waters, 75 feet.
[b]
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, 50 feet.
[c]
For lakes, 50 feet.
[e]
For highly susceptible wetlands, 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.
[f]
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 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.
[g]
In Subsection I(4)(d)[1][d] to [f], 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.
[h]
Wetland boundary delineation shall be made in accordance with § NR 103.08(lm). 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.
[i]
For concentrated flow channels with drainage areas greater than 130 acres, 10 feet.
[2]
Applicability. This section applies to post-construction sites located within a protective area, except those areas exempted pursuant to § 15.27I(4)(d)[4].
[3]
Requirements. The following requirements shall be met:
[a]
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 stormwater management plan shall contain a written, site-specific explanation.
[b]
Where land-disturbing construction activity occurs within a protective area, adequate sod or self-sustaining vegetative cover of 70% 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.
[c]
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.
[4]
Exemptions. This section does not apply to any of the following:
[b]
In-fill development areas less than five acres.
[c]
Structures that cross or access surface water such as boat landings, bridges, and culverts.
[d]
Structures constructed in accordance with § 59.692(1V), Wis. Stats.
[e]
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 total suspended solids 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.
(e)
General considerations for stormwater 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 stormwater facilities shall be provided to prevent exceeding the safe capacity of downstream drainage facilities and prevent endangerment of downstream property or public safety.
(f)
BMP location. To comply with the performance standards required under § 15.27I of this section, BMPs may be located on-site or off-site as part of a regional stormwater device, practice or system, but shall be installed in accordance with § NR 151.003, Wis. Adm. Code. The City Engineer may approve off-site management measures provided that all of the following conditions are met:
[1]
The City Engineer determines that the post-construction runoff is covered by a stormwater management system plan that is approved by the City of South Milwaukee and that contains management requirements consistent with the purpose and intent of this section.
[2]
The off-site facility meets all of the following conditions:
[a]
The facility is in place.
[b]
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 section.
[c]
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 City Engineer exempts the applicant from all or part of the minimum on-site stormwater management requirements, the applicant shall be required to pay a fee in an amount determined in negotiation with the City Engineer. In determining the fee for post-construction runoff, the City Engineer shall consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of the regional treatment option.
(g)
Additional requirements. The City Engineer may establish stormwater management requirements more stringent than those set forth in this section if the City Engineer determines that the requirements are needed to control stormwater quantity or control flooding, comply with federally approved total maximum daily load requirements, or control pollutants associated with existing development or redevelopment.
J.
Permitting requirements, procedures and fees.
(1)
Permit required. No responsible party may undertake a land-disturbing construction activity without receiving a post-construction runoff permit from the City Engineer prior to commencing the proposed activity.
(2)
Permit application and fees. Unless specifically excluded by this section, any responsible party desiring a permit shall submit to the City Engineer a permit application on a form provided by the City Engineer for that purpose.
(a)
Unless otherwise excluded by this section, a permit application must be accompanied by a stormwater management plan, a maintenance agreement and a nonrefundable permit administration fee if applicable under the City's Administrative Fee Schedule.
(b)
The stormwater management plan shall be prepared to meet the requirements of § 15.27I and K, the maintenance agreement shall be prepared to meet the requirements of § 15.27L, the financial guarantee shall meet the requirements of § 15.27M, and fees shall be those established by the Common Council as set forth in § 15.27N.
(3)
Permit application review and approval. The City Engineer shall review any permit application that is submitted with a stormwater management plan, maintenance agreement, and the required fee. The following approval procedure shall be used:
(a)
Within 30 business days of the receipt of a complete permit application, including all items as required by § 15.27J(2), the City Engineer shall inform the applicant whether the application, stormwater management plan and maintenance agreement are approved or disapproved based on the requirements of this section.
(b)
If the stormwater permit application, stormwater management plan and maintenance agreement are approved, or if an agreed upon payment of fees in lieu of stormwater management practices is made, the City Engineer shall issue the permit.
(c)
If the stormwater permit application, stormwater management plan or maintenance agreement is disapproved, the City Engineer shall detail in writing the reasons for disapproval.
(d)
The City Engineer may request additional information from the applicant. If additional information is submitted, the City Engineer shall have 30 business days from the date the additional information is received to inform the applicant that the stormwater management plan and maintenance agreement are either approved or disapproved.
(e)
Failure by the City Engineer to inform the permit applicant of a decision within 30 business days of a required submittal shall be deemed to mean approval of the submittal and the applicant may proceed as if a permit had been issued.
(4)
Permit requirements. All permits issued under this section shall be subject to the following conditions, and holders of permits issued under this section shall be deemed to have accepted these conditions. The City Engineer may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the City Engineer to suspend or revoke this permit may be appealed in accordance with § 15.08.
(a)
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.
(b)
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.
(c)
The responsible party shall notify the City Engineer at least five 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 § 15.27J(5), the responsible party shall make additional notification according to a schedule set forth by the City Engineer so that practice installations can be inspected during construction.
(d)
Practice installations required as part of this section shall be certified "as built" or "record" drawings by a licensed professional engineer. Completed stormwater management practices must pass a final inspection by the City Engineer or its designee to determine if they are in accordance with the approved stormwater management plan and ordinance. The City Engineer 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.
(e)
The responsible party shall notify the City Engineer of any significant modifications it intends to make to an approved stormwater management plan. The City Engineer may require that the proposed modifications be submitted to it for approval prior to incorporation into the stormwater management plan and execution by the responsible party.
(f)
The responsible party shall maintain all stormwater management practices in accordance with the stormwater management plan until the practices either become the responsibility of the City Engineer, or are transferred to subsequent private owners as specified in the approved maintenance agreement.
(g)
The responsible party authorizes the City Engineer to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan, and consents to a special assessment or charge against the property as authorized under Subch. VII of Ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under § 15.27M.
(h)
If so directed by the City Engineer, the responsible party shall repair at the responsible party's own expense all damage to adjoining municipal facilities and drainageways caused by runoff, where such damage is caused by activities that are not in compliance with the approved stormwater management plan.
(i)
The responsible party shall permit property access to the City Engineer or its designee for the purpose of inspecting the property for compliance with the approved stormwater management plan and this permit.
(j)
Where site development or redevelopment involves changes in direction, increases in peak rate and/or total volume of runoff from a site, the City Engineer may require the responsible party to make appropriate legal arrangements with affected property owners concerning the prevention of endangerment to property or public safety.
K.
Stormwater management plan.
(1)
Stormwater management plan requirements. The stormwater management plan required under § 15.27I(2) shall contain at a minimum the following information:
(a)
Name, address, and telephone number for the following or their designees: landowner; developer; project engineer for practice design and certification; person(s) responsible for installation of stormwater management practices; and person(s) responsible for maintenance of stormwater management practices prior to the transfer, if any, of maintenance responsibility to another party.
(b)
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.
(c)
Pre-development site conditions, including:
[1]
One or more site maps at a scale of not less than one inch equals 40 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 two feet; topography and drainage network including enough of the contiguous properties to show runoff patterns onto, through, and from the site; watercourses that may affect or be affected by runoff from the site; flow path and direction for all stormwater conveyance sections; watershed boundaries used in hydrology determinations to show compliance with performance standards; lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site; limits of the 100-year floodplain; location of wells and wellhead protection areas covering the project area and delineated pursuant to § NR 811.16, Wis. Adm. Code.
[2]
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).
(d)
Post-development site conditions, including:
[1]
Explanation of the provisions to preserve and use natural topography and land cover features to minimize changes in peak flow runoff rates and volumes to surface waters and wetlands.
[2]
Explanation of any restrictions on stormwater management measures in the development area imposed by wellhead protection plans and ordinances.
[3]
One or more site maps at a scale of not less than one inch equals 40 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 two 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, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site.
[4]
Hydrology and pollutant loading computations as needed to show compliance with performance standards. The computations shall be made for each discharge point in the development, and the geographic areas used in making the calculations shall be clearly cross-referenced to the required map(s).
[5]
Results of investigations of soils and groundwater required for the placement and design of stormwater management measures. Detailed drawings including cross-sections and profiles of all permanent stormwater conveyance and treatment practices.
(e)
A description and installation schedule for the stormwater management practices needed to meet the performance standards in § 15.27I.
(f)
A maintenance plan developed for the life of each stormwater management practice including the required maintenance activities and maintenance activity schedule.
(g)
Cost estimates for the construction, operation, and maintenance of each stormwater management practice.
(h)
Other information requested in writing by the City Engineer to determine compliance of the proposed stormwater management measures with the provisions of this section.
(i)
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 section.
(2)
Alternate requirements. The City Engineer may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards.
L.
Maintenance agreement.
(1)
Maintenance agreement required. The maintenance agreement required for stormwater management practices shall be an agreement between the City Engineer 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 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.
(2)
Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required:
(a)
Identification of the stormwater facilities and designation of the drainage area served by the facilities.
(b)
A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan.
(c)
Identification of the responsible party(s), organization or City, county, town or village responsible for long-term maintenance of the stormwater management practices identified in the stormwater management plan.
(d)
Requirement that the responsible party(s), organization, or City, county, town or village shall maintain stormwater management practices in accordance with the schedule included in Subsection L(2)(b).
(e)
Authorization for the City Engineer to access the property to conduct inspections of stormwater management practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement.
(f)
A requirement on the City Engineer to maintain public records of the results of the site inspections, to inform the responsible party responsible for maintenance of the inspection results, and to specifically indicate any corrective actions required to bring the stormwater management practice into proper working condition.
(g)
Agreement that the party designated under Subsection L(2)(c) as responsible for long-term maintenance of the stormwater management practices, shall be notified by the City Engineer of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the City Engineer.
(h)
Authorization of the City Engineer to perform the corrected actions identified in the inspection report if the responsible party designated under Subsection L(2)(c) does not make the required corrections in the specified time period. The City Engineer shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Subch. VII of Ch. 66, Wis. Stats.
M.
Financial guarantee.
(1)
Establishment of the guarantee. The City Engineer may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the City Engineer. The financial guarantee shall be in an amount determined by the City Engineer to be the estimated cost of construction and the estimated cost of maintenance of the stormwater management practices during the period which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the City Engineer the authorization to use the funds to complete the stormwater management practices if the responsible party defaults or does not properly implement the approved stormwater management plan, upon written notice to the responsible party by the City Engineer that the requirements of this chapter have not been met.
(2)
Conditions for release. Conditions for the release of the financial guarantee are as follows:
(a)
The City Engineer shall release the portion of the financial guarantee established under this section, less any costs incurred by the City Engineer to complete installation of practices, upon submission of "as built plans" or "record" drawings by a licensed professional engineer. The City Engineer may make provisions for a partial prorata release of the financial guarantee based on the completion of various development stages.
(b)
The City Engineer shall release the portion of the financial guarantee established under this section to assure maintenance of stormwater practices, less any costs incurred by the City Engineer, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement.
N.
Fee schedule. Applicable fees referred to in other sections of this chapter shall be established by the Common Council and may from time to time be modified by resolution. A schedule of any applicable fees is established by the Administrative Fee Schedule.
O.
Enforcement.
(1)
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 chapter provisions shall be deemed a violation unless conducted in accordance with the requirements of this chapter.
(2)
The City Engineer 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.
(3)
Upon receipt of written notification from the City Engineer, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the City Engineer in the notice.
(4)
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 City Engineer may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the City Engineer plus interest and legal costs shall be billed to the responsible party.
(5)
The City Engineer 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 City Attorney to obtain a cease and desist order in any court with jurisdiction.
(6)
The City Engineer may revoke a permit issued under this chapter for non-compliance with chapter provisions.
(7)
Any permit revocation, stop-work order, or cease and desist order shall remain in effect unless retracted by the City Engineer or by a court with jurisdiction.
(8)
The City Engineer 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 City Attorney for the commencement of further legal proceedings in any court with jurisdiction.
(9)
Any person, firm, association, or corporation who does not comply with the provisions of this section shall be subject to a forfeiture of not less than $250 or more than $250 per offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.
(10)
Compliance with the provisions of this section 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.
(11)
When the City Engineer determines that the holder of a permit issued pursuant to this chapter has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the City Engineer or a party designated by the City Engineer may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved stormwater management plan. The City Engineer shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to Subsection L of this section. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.