Wauwatosa City Zoning Code

CHAPTER 24

13 NATURAL RESOURCES

24.13.010 Floodplain Zoning

STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITLE, AND GENERAL PROVISIONS
1. Title. This section is known as the floodplain zoning ordinance of Wauwatosa, Wisconsin.
2. Authority. The floodplain zoning regulations of this section are adopted pursuant to the authority granted by Sections 62.23 and 87.30 of the Wisconsin Statutes. This ordinance is based upon the Model Ordinance prepared by the Wisconsin Department of Natural Resources on June 14, 2024.
3. Findings of Fact. Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare and tax base.
4. Purpose. This ordinance is intended to regulate floodplain development to:
  1. Protect life, health and property;
  2. Minimize expenditures of public funds for flood control projects;
  3. Minimize rescue and relief efforts undertaken at the expense of the taxpayers;
  4. Minimize business interruptions and other economic disruptions;
  5. Minimize damage to public facilities in the floodplain;
  6. Minimize the occurrence of future flood blight areas in the floodplain;
  7. Discourage the victimization of unwary land and homebuyers;
  8. Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and
  9. Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.
5. General Provisions
  1. Areas to Be Regulated. This ordinance regulates all areas of special flood hazard identified as zones A, AO, AH, A1-30, or AE on the Flood Insurance Rate Map. Additional areas identified on maps approved by the Department of Natural Resources (DNR) and local community may also be regulated under the provisions of this ordinance, where applicable.
  2. Official Maps and Revisions. Special Flood Hazard Areas (SFHA) are designated as zones A, A1-30, AE, AH, or AO on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in subd. (a) below. Additional flood hazard areas subject to regulation under this ordinance are identified on maps based on studies approved by the DNR and listed in subd. (b) below. These maps and revisions are on file in the office of the Development Department at City Hall, City of Wauwatosa.
    1. Official Maps. Based on the Flood Insurance Study (FIS)
      1. Flood Insurance Rate Map (FIRM), panel number 55079C0052F, 55079C0056F, 55079C0058F, 55079C0062F, 55079C0064F, 55079C0066F, 55079C0067F, 55079C0068F, 55079C0069F, 55079C0086F, dated 10/24/2024.
      2. Flood Insurance Study (FIS) 55079CV001B, 55079CV002B, 55079CV003B, 55079CV004B, 55079CV005B, and 55079CV006B for Milwaukee County, dated 10/24/2024.
      3. Conditional Letter of Map Revision FEMA Case No. 21-05-3305R, effective April 11, 2022.
    2. Official Maps. Based on other studies. Based on other studies. Any maps referenced in this section must be approved by the DNR and be more restrictive than those based on the FIS at the site of the proposed development.
      1. Flood Storage Map T7N R21E, panel number 3, dated October 24, 2024, approved by the DNR.
  3. Establishment of Floodplain Zoning Districts. The flood hazard areas regulated by this ordinance are divided into districts as follows:
    1. The Floodway District (FW), is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters, within AE Zones as shown on the FIRM, or within A Zones shown on the FIRM when determined according to sub. E.1.e. of this ordinance.
    2. The Floodfringe District (FF) is that portion of a riverine special flood hazard area outside the floodway within AE Zones on the FIRM, or, when floodway limits have been determined according to sub. E.1.e.,
      within A Zones shown on the FIRM.
    3. The General Floodplain District (GFP) is those riverine areas that may be covered by floodwater during the regional flood in which a floodway boundary has not been delineated on the FIRM and also includes shallow flooding areas identified as AH and AO zones on the FIRM.
    4. The Flood Storage District (FSD) is that area of the floodplain where storage of floodwaters is calculated to reduce the regional flood discharge.
  4. Locating Floodplain Boundaries. Discrepancies between the exterior boundaries of zones A1-30, AE, AH, or A on the official floodplain zoning map and actual field conditions may be resolved using the criteria in sub. (1) or (2) below. If a significant difference exists, the map shall be amended according to sub. H. Amendments. The zoning administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The zoning administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined. Disputes between the zoning administrator and an applicant over the district boundary line shall be settled according to sub. G.3.c. and the criteria in (1) and (2) below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to sub. H. Amendments.
    1. If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.
    2. Where flood profiles do not exist for projects, including any boundary of zone A, AO, the location of the boundary shall be determined by the map scale.
  5. Removal of Lands from Floodplain.
    1. Compliance with the provisions of this ordinance shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to sub.H. Amendments.
    2. The delineation of any of the Floodplain Districts may be revised by the community where natural or man-made changes have occurred and/or where more detailed studies have been conducted. However, prior to any such change, approval must be obtained from the Wisconsin Department of Natural Resources and Federal Emergency Management Agency. A completed Letter of Map Revision is a record of this approval. The floodplain administrator shall not sign a community acknowledgement form unless all criteria set forth in the following paragraphs are met:
      1. The land and/or land around the structure must be filled at least two feet above the regional or base flood elevation;
      2. The fill must be contiguous to land outside the floodplain; Applicant shall obtain floodplain development permit before applying for a LOMR or LOMR-F;
    3. Removal of lands from the floodplain may also occur by operation of §87.30(1)(e), Wis. Stat. if a property owner has obtained a letter of map amendment from the federal emergency management agency under 44 C.F.R. 70.
  6. Compliance.
    1. No structure or use within areas regulated by this ordinance shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged, or altered without full compliance with the terms of these regulations and all other applicable regulations that apply to uses within the jurisdiction of these regulations.
    2. Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with sub. I..
    3. Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications, or amendments thereto if approved by the Floodplain Administrator. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with sub. I..
  7. Municipalities and State Agencies Regulated. Unless specifically exempted by law, all cities, villages, towns, counties and other governmental or quasi-governmental organizations constructing projects in the City of Wauwatosa are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if s. 13.48(13), Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when s. 30.2022, Stats., applies. Although exempt from a local zoning permit and permit fees, DOT must provide sufficient project documentation and analysis to ensure that the community is in compliance with Federal, State, and local floodplain standards. If a local transportation project is located within a Zone A floodplain and is not a WisDOT project under s. 30.2022, then the road project design documents (including appropriate detailed plans and profiles) may be sufficient to meet the requirements for issuance of a local floodplain permit if the following apply: The applicant provides documentation to the Floodplain Administrator that the proposed project is a culvert replacement or bridge replacement under 20’ span at the same location, the project is exempt from a DNR permit under s. 30.123(6)(d), the capacity is not decreased, the top road grade is not raised, and no floodway data is available from a federal, state, or other source. If floodway data is available in the impacted area from a federal, state, or other source that existing data must be utilized by the applicant in the analysis of the project site.
  8. Abrogation and Greater Restrictions.
    1. This ordinance supersedes all the provisions of any prior zoning ordinance enacted under s. 62.23 or s. 87.30, Stats., which relate to floodplains.
    2. This ordinance is not intended to repeal, abrogate, or impair any existing deed restrictions, covenants, or easements. If this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.
  9. Interpretation. In their interpretation and application, the provisions of this ordinance are the minimum requirements liberally construed in favor of the City and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this ordinance, required by ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance.
  10. Warning and Disclaimer of Liability. The flood protection standards in this ordinance are based on engineering experience and research. Larger floods may occur, or the flood height may be increased by man made or natural causes. This ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This ordinance does not create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this ordinance.
  11. Severability. Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.
GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS
1. The City shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding and assure that all necessary permits have been received from those governmental agencies whose approval is required by federal or state law.
  1. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall:
    1. be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
    2. be constructed with flood-resistant materials;
    3. be constructed by methods and practices that minimize flood damages; and
    4. mechanical and utility equipment must be elevated to or above the flood protection elevation.
  2. If a subdivision or other proposed new development is in a flood-prone area, the City shall assure that:
    1. such proposed subdivision or other proposed new development is consistent with the need to minimize flood damage within the flood-prone area;
    2. public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and
    3. adequate drainage is provided to reduce exposure to flood hazards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this ordinance and all other requirements in sub. H.1.b..
2. Hydraulic And Hydrologic Analyses
  1. No floodplain development shall:
    1. Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or
    2. Cause any increase in the regional flood height due to floodplain storage area lost.
  2. The zoning administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of sub. H. Amendments are met.
3. Watercourse Alterations.
  1. No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of sub. B.1 must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained.
  2. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to sub. H. Amendments, the community shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.
4. Chapter 30, 31, Wis. Stats., Development. Development which requires a permit from the Department, under chs. 30 and 31, Stats., such as docks, piers, wharves, bridges, culverts, dams, and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to sub. H. Amendments.
FLOODWAY DISTRICT (FW)
1. Applicability. This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to sub. E.1.e. of this ordinance.
2. Uses Permitted in Floodway District. The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if they are not prohibited by any other ordinance; they meet the standards in sub. C.3 and C.4; and all permits or certificates have been issued according to sub. G.1.
  1. Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture, and wild crop harvesting.
  2. Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.
  3. Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap, and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of sub. C.3.d.
  4. Uses or structures accessory to open space uses or classified as historic structures that comply with sub. C.3 and C.4.
  5. Extraction of sand, gravel or other materials that comply with s. C.3.d.
  6. Functionally water dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with chs. 30 and 31, Stats.
  7. Public utilities, streets and bridges that comply with s. C.3.c.
  8. Portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code.
  9. Wastewater treatment ponds or facilities permitted under s. NR 110.15(3)(b), Wis. Adm. Code.
  10. Sanitary sewer or water supply lines to service existing or proposed development located outside the floodway that complies with the regulations for the floodplain area occupied.
3. Standards For Development In The Floodway.
  1. General
    1. Any development in the floodway shall comply with sub. B. and have a low flood damage potential.
    2. Applicants shall provide an analysis calculating the effects of this proposal on the regional flood height to determine the effects of the proposal according to sub. B.1 and G.1.b.(2). The analysis must be completed by a registered professional engineer in the state of Wisconsin.
    3. Any encroachment in the regulatory floodway is prohibited unless the data submitted for sub. C.3.a.(b) above demonstrates that the encroachment will cause no increase in flood elevations in flood events up to the base flood at any location or removes the encroached area from the regulatory floodway as provided in sub. A.5.e.
  2. Structures. Structures accessory to permanent open space uses, including utility and sanitary facilities, or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:
    1. Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage;
    2. Shall either have the lowest floor elevated to or above the flood protection elevation or shall meet all the following standards:
      1. Have the lowest floor elevated to or above the regional flood elevation and be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and completely dry to the flood protection elevation without human intervention during flooding;
      2. Have structural components capable of meeting all provisions of sub. C.3.b.(8) and;
      3. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Sub. C.3.b.(8).
    3. Must be anchored to resist flotation, collapse, and lateral movement;
    4. Mechanical and utility equipment must be elevated to or above the flood protection elevation; and
    5. Must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood.
    6. For a structure designed to allow the automatic entry of floodwaters below the Regional Flood Elevation, the applicant shall submit a plan that meets sub. C.3.b.(1) through C.3.b.(5) and meets or exceeds the following standards:
      1. The lowest floor must be elevated to or above the regional flood elevation;
      2. a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
      3. the bottom of all openings shall be no higher than one foot above the lowest adjacent grade; openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters, otherwise must remain open.
      4. The use must be limited to parking, building access or limited storage.
    7. Certification: Whenever floodproofing measures are required, a registered professional engineer or architect shall certify that the following floodproofing measures will be utilized, where appropriate, and are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regional flood:
      1. Reinforcement of floors and walls to resist rupture, collapse, or lateral movement caused by water pressures or debris buildup;
      2. Construction of wells, water supply systems and waste treatment systems so as to prevent the entrance of flood waters in such systems and must be in accordance with provisions in sub. C.4.d and C.4.e;
      3. Subsurface drainage systems to relieve external pressures on foundation walls and basement floors;
      4. Cutoff valves on sewer lines or the elimination of gravity flow basement drains; and
      5. Placement of utilities to or above the flood protection elevation.
  3. Public Utilities, Streets And Bridges. Public utilities, streets and bridges may be allowed by permit, if:
    1. Adequate floodproofing measures are provided to the flood protection elevation; and
    2. Construction meets the development standards of sub. B.1.
  4. Fills Or Deposition Of Materials. Fills or deposition of materials may be allowed by permit, if:
    1. The requirements of sub. B.1 are met;
    2. No material is deposited in navigable waters unless a permit is issued by the Department pursuant to ch. 30, Stats., and a permit pursuant to s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and all other requirements have been met;
    3. The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and
    4. The fill is not classified as a solid or hazardous material.
4. Prohibited Uses. All uses not listed as being permitted in sub. C.2 are prohibited, including the following uses:
  1. Habitable structures, structures with high flood damage potential, or those not associated with permanent open space uses;
  2. Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;
  3. Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
  4. Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and ch. SPS 383, Wis. Adm. Code;
  5. Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code;
  6. Any solid or hazardous waste disposal sites;
  7. Any wastewater treatment ponds or facilities, except those permitted under s. NR 110.15(3)(b), Wis. Adm. Code; and
  8. Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.
FLOODFRINGE DISTRICT (FF)
1. Applicability. This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to sub. E.1.e. of this ordinance.
2. Uses Permitted in the Floodfringe District. Any structure, land use, or development is allowed in the Floodfringe District if the standards in sub. D.3 are met, the use is not prohibited by this, or any other ordinance or regulation and all permits or certificates specified in sub. G.1 have been issued.
3. Standards for Development in the Floodfringe District. Sub. B. shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of sub. F. Nonconforming Uses;
  1. Residential Uses. Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe, shall meet or exceed the following standards;
    1. All new construction, including placement of manufactured homes, and substantial improvement of residential structures, shall have the lowest floor elevated to or above the flood protection elevation on fill. The fill around the structure shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. No area may be removed from the floodfringe district unless it can be shown to meet sub. A.5.e.
    2. Notwithstanding sub. D.3.a.(1), a basement or crawlspace floor may be placed at one foot above the regional flood elevation if the basement or crawlspace is designed to make all portions of the structure below the flood protection elevation watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. No floor of any kind is allowed below the regional flood elevation;
    3. Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in sub. (4).
    4. In developments where existing street or sewer line elevations make compliance with sub. (3) impractical, the municipality may permit new development and substantial improvements where roads are below the regional flood elevation, if:
      1. The municipality has written assurance from police, fire and emergency services that rescue, and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or
      2. The municipality has a DNR-approved emergency evacuation plan that follows acceptable hazard mitigation planning guidelines.
  2. Accessory Structures or Uses. In addition to sub. B, new construction and substantial improvements of Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation.
  3. Commercial Uses. In addition to sub. B, any commercial structure which is erected, altered, or moved into the floodfringe shall meet the requirements of sub. D.3.a. Subject to the requirements of sub. D.3.e., storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
  4. Manufacturing and Insustrial Uses. In addition to sub. B., any manufacturing or industrial structure which is erected, altered, or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in sub. G.5. Subject to the requirements of sub. D.3.e., storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
  5. Storage of Materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish, or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with sub. G.5. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.
  6. Public Utilities, Streets and Bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and
    1. When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with sub. G.5.
    2. Minor roads or non-essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.
  7. Sewage Systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of flood water into the system, pursuant to sub. G.5.c., to the flood protection elevation and meet the provisions of all local ordinances and ch. SPS 383, Wis. Adm. Code.
  8. Wells. All wells shall be designed to minimize or eliminate infiltration of flood waters into the system, pursuant to sub. G.5.c, to the flood protection elevation and shall meet the provisions of chs. NR 811 and NR 812, Wis. Adm. Code.
  9. Solid Waste Disposal Sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.
  10. Deposition of Materials. Any deposited material must meet all the provisions of this ordinance.
OTHER FLOODPLAIN DISTRICTS
1. General Floodplain District (GFP)
  1. Applicability . The provisions for the General Floodplain District shall apply to development in all floodplains mapped as A, AO, AH, and in AE zones within which a floodway is not delineated on the Flood Insurance Rate Maps identified in sub. A.5.b.(1).
  2. Floodway Boundaries. For proposed development in zone A, or in zone AE within which a floodway is not delineated on the Flood Insurance Rate Map identified in sub. A.5.b.(1), the boundaries of the regulatory floodway shall be determined pursuant to sub. E.1.e. . If the development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of sub. C. If the development is located entirely within the floodfringe, the development is subject to the standards of sub. D.
  3. Uses Permitted in the General Floodplain District. Pursuant to sub. E.1.e. of this ordinance, it shall be determined whether the proposed use is located within the floodway or floodfringe. Those uses permitted in the Floodway (sub. C.2) and Floodfringe (sub. D.2) Districts are allowed within the General Floodplain District, according to the standards of sub. E.1.d. of this ordinance provided that all permits or certificates required under sub. G.1. have been issued.
  4. Standards For Development In The General Floodplain District. Subsection C. applies to floodway areas, determined to pursuant to sub. E.1.e; Subsection D.applies to floodfringe areas, determined to pursuant to sub. E.1.e.
    1. New construction and substantial improvement of structures in zone AO shall have the lowest floor, including basement, elevated:
      1. To one foot above the depth, in feet, as shown on the FIRM above the highest adjacent natural grade; or
      2. If the depth is not specified on the FIRM, three (3) feet above the highest adjacent natural grade or higher.
    2. New Construction and substantial improvement of structures in zone AH shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
    3. In AO/AH zones, provide adequate drainage paths to guide floodwaters around structures.
    4. All development in zones AO and zone AH shall meet the requirements of sub. D. applicable to flood fringe areas.
  5. Determining Floodway And Floodfringe Limits. Upon receiving an application for development within zone A, or within zone AE where a floodway has not been delineated on the Flood Insurance Rate Maps, the zoning administrator shall:
    1. Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and flood proofing measures and the flood zone as shown on the FIRM.
    2. Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries.
      1. A Hydrologic and Hydraulic Study as specified in sub. G.1.b(3).
      2. Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location, and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information.
      3. Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities
2. Flood Storage District. The flood storage district delineates that portion of the floodplain where storage of floodwaters has been taken into account and is relied upon to reduce the regional flood discharge. The district protects the flood storage areas and assures that any development in the storage areas will not decrease the effective flood storage capacity which would cause higher flood elevations.
  1. Applicability. The provisions of this section apply to all areas within the Flood Storage District (FSD), as shown on the official floodplain zoning maps.
  2. Uses Permitted in the Flood Storage District. Any use or development which occurs in a flood storage district must meet the applicable requirements in sub. D.3.
  3. Standards For Development In Flood Storage Districts
    1. Development in a flood storage district shall not cause an increase equal or greater than 0.00 of a foot in the height of the regional flood.
    2. No development shall be allowed which removes flood storage volume unless an equal volume of storage as defined by the pre-development ground surface and the regional flood elevation shall be provided in the immediate area of the proposed development to compensate for the volume of storage, which is lost, (compensatory storage). Excavation below the groundwater table is not considered to provide an equal volume of storage.
    3. If compensatory storage cannot be provided, the area may not be developed unless the entire area zoned as flood storage district – on this waterway – is rezoned to the floodfringe district. This must include a revision to the floodplain study and map done for the waterway to revert to the higher regional flood discharge calculated without floodplain storage, as per sub. H. Amendments of this ordinance.
    4. No area may be removed from the flood storage district unless it can be shown that the area has been filled to the flood protection elevation and is contiguous to other lands lying outside of the floodplain.
NONCONFORMING USES
1. General
  1. Applicability
    1. The standards in this section shall apply to all uses and buildings that do not conform to the provisions contained within a floodplain zoning ordinance or with s. 87.30, Stats. and §§ NR 116.12-14, Wis. Adm. Code and 44 CFR 59-72., these standards shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this ordinance or any amendment thereto. A party asserting existence of a lawfully established nonconforming use or structure has the burden of proving that the use or structure was compliant with the floodplain zoning ordinance in effect at the time the use or structure was created.
    2. As permit applications are received for additions, modifications, or substantial improvements to nonconforming buildings in the floodplain, municipalities shall develop a list of those nonconforming buildings, their present equalized assessed value, and a list of the costs of those activities associated with changes to those buildings.
  2. The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this ordinance may continue subject to the following conditions:
    1. No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this ordinance. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification; this includes painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance. The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification, or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure.
    2. If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this ordinance;
    3. The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent;
    4. No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with sub. D.3.a. The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this paragraph;
    5. No maintenance on a per event basis to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with sub. D.3.a. Maintenance to any nonconforming structure, which does not exceed 50% of its present equalized assessed value on a per event basis, does not count against the cumulative calculations over the life of the structure for substantial improvement calculations.
    6. If on a per event basis the total value of the work being done under (4) and (5) equals or exceeds 50% of the present equalized assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with sub. D.3.a.
    7. Except as provided in sub. (8), if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed, or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50% of the structure’s present equalized assessed value.
    8. For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the following minimum requirements are met, and all required permits have been granted prior to the start of construction:
      1. Residential Structures
        Shall have the lowest floor, including basement, elevated to one foot above the base flood elevation using fill, pilings, columns, posts, or perimeter walls. Perimeter walls must meet the requirements of sub. G.5.b.
        Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, and shall be constructed with methods and materials resistant to flood damage.
        Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
        In A Zones, obtain, review, and utilize any flood data available from a federal, state or other source.
        In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in sub. E.1.d.
        in AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.
      2. Nonresidential Structures
        Shall meet the requirements of sub. F.1.b.(2)(H)(a)A. through F. Fnbsp;
        Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in sub. G.5.a. or b.
        In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in sub. E.1.d.
  3. A nonconforming historic structure may be altered if the alteration will not preclude the structure’s continued designation as a historic structure, the alteration will comply with sub. C.3.a, flood resistant materials are used, and construction practices and floodproofing methods that comply with sub. G.5 are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of sub. F.1 .b.(8)(A) if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure.
  4. Notwithstanding anything in this chapter to the contrary, modifications, additions, maintenance, and repairs to a nonconforming building shall not be prohibited based on cost and the building’s nonconforming use shall be permitted to continue if:
    1. Any living quarters in the nonconforming building are elevated to be at or above the flood protection elevation;
    2. The lowest floor of the nonconforming building, including the basement, is elevated to one foot above the regional flood elevation;
    3. The nonconforming building is permanently changed to conform to the applicable requirements of subsection B;
    4. If the nonconforming building is in the floodway, the building is permanently changed to conform to the applicable requirements of sub. C.3.a., C.3.3.b(2) through (5), C.3.c, C.3.d, and F.2. Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure’s 3-D building envelope must determine the floodway in accordance with sub. E.1.e. If the encroachment is in the floodway, it must meet the standards in sub C.3.d.
    5. If the nonconforming building is in the floodfringe, the building is permanently changed to conform to the applicable requirements of sub. D.3 and F.36F3;
    6. Repair or reconstruction of nonconforming structures and substantial improvements of residential buildings in zones A1-30, AE, and AH must have the lowest floor (including basement) elevated to one foot above the base flood elevation;
    7. Repair or reconstruction of nonconforming structures and substantial improvements of non-residential buildings in zones A1-30, AE, and AH must have the lowest floor (including basement) elevated to or above the base flood elevation, or (together with attendant utility and sanitary facilities) be designed so that below the base flood elevation the building is watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy:
      1. Where a non-residential structure is intended to be made watertight below the base flood elevation, a registered professional engineer or architect must develop and/or review structural design, specifications, and plans for the construction, and must certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of sub. F.1.d.(7) above.
      2. The community must maintain a record of such certification including the specific elevation to which each such structure is floodproofed;
    8. Fully enclosed areas below the lowest floor of repair or reconstruction of nonconforming structures and substantial improvements in zones A1-30, AE, and AH that are usable solely for parking of vehicles, building access, or storage, must be designed to adequately equalize hydrostatic forces on exterior walls by allowing for the entry and exit of floodwaters. Subsequent improvements to repaired or reconstructed nonconforming structures must not increase the degree of their nonconformity. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet the following criteria:
      1. A minimum of two openings into each enclosed area must be located below the base flood elevation and provide a total net area of not less than one square inch for every square foot of enclosed area.
      2. The bottom of all openings must be no higher than one foot above the adjacent grade.
      3. Openings may be equipped with screens, louvers, valves, or other coverings if they permit the automatic entry and exit of floodwaters;
    9. Manufactured homes that are placed or substantially improved within zones A1-30, AE, and AH outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of flood, must be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot above the base flood elevation, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement;
    10. Manufactured homes that are placed or substantially improved within zones A1-30, AE, and AH on existing sites in an existing manufactured home park that is not undergoing expansion and on which a manufactured home has not incurred substantial damage as a result of flood must be elevated so that either the lowest floor of the manufactured home is at one foot above the base flood elevation, or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement;
    11. Recreational vehicles placed on sites within zones A1-30, AH, and AE must either:
      1. Be on site for fewer than 180 consecutive days; or
      2. Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or
      3. Meet the elevation and anchoring requirements for manufactured homes in sub. F.1.d.(9) above;
    12. In a regulatory floodway that has been delineated on the FIRM in zone A1-30 or AE, encroachments, including repair or reconstruction of nonconforming structures, substantial improvement, or other development (including fill) must be prohibited unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;
    13. In zone A, the community must obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring repair or reconstruction of nonconforming structures, substantial improvement, and other development to meet sub. F.1.d.(6) through (12) (inclusive) above. Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure’s 3-D building envelope must determine the floodway in accordance with sub. E..1.e. If the encroachment is in the floodway, it must meet the standards in sub. C.3.d. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;
    14. In zones A1-30 or AE where a regulatory floodway has not been delineated on the FIRM, repair or reconstruction of nonconforming structures, substantial improvement, or any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure’s 3-D building envelope must determine the floodway in accordance with sub. E.1.e. If the encroachment is in the floodway, it must meet the standards in sub. C.3.d. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;
    15. In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of residential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one foot more than the depth number specified in feet on the FIRM (at least three feet if no depth number is specified). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity; or
    16. In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of nonresidential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified), or (together with attendant utility and sanitary facilities) be structurally dry-floodproofed to that level according to the standard specified in s. 6.1(4)(g) above. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity.
2. Floodway District
  1. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the Floodway District, unless such modification or addition:
    1. Has been granted a permit or variance which meets all ordinance requirements;
    2. Meets the requirements of sub. F.1;
    3. Shall not increase the obstruction to flood flows or regional flood height;
    4. Any addition to the existing structure shall be floodproofed, pursuant to sub. G.5, by means other than the use of fill, to the flood protection elevation; and,
    5. If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
      1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;
      2. The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
      3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
      4. The use must be limited to parking, building access or limited storage.
  2. No new on site sewage disposal system, or addition to an existing on site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing on site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, sub. G.5.c. and Ch. SPS 383, Wis. Adm. Code.
  3. No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair, or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, sub. G.5.c. and chs. NR 811 and NR 812, Wis. Adm. Code.
3. Floodfringe District
  1. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality and meets the requirements of sub. D.3 except where sub. F.3.b. is applicable.
  2. Where compliance with the provisions of sub. a. would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Adjustment/Appeals, using the procedures established in sub. G.3, may grant a variance from those provisions of sub. a. for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:
    1. No floor is allowed below the regional flood elevation for residential or commercial structures;
    2. Human lives are not endangered;
    3. Public facilities, such as water or sewer, shall not be installed;
    4. Flood depths shall not exceed two feet;
    5. Flood velocities shall not exceed two feet per second; and
    6. The structure shall not be used for storage of materials as described in sub. D.3.e.
  3. All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances, sub. G.5.c and ch. SPS 383, Wis. Adm. Code.
  4. All new wells, or addition to, replacement, repair, or maintenance of a well shall meet the applicable provisions of this ordinance, sub. G.5.c. and ch. NR 811 and NR 812, Wis. Adm. Code.
4. Flood Storage District No modifications or additions shall be allowed to any nonconforming structure in a flood storage area unless the standards outlined in sub. E.2.c. are met.
ADMINISTRATION
1. Zoning Administrator
  1. Duties and Powers. Development Director. The city's development director, or that person's designee, serves as zoning administrator for purpose of this section. Different individuals or offices may be designated for different purposes under this ordinance. The zoning administrator is responsible for administering the regulations of this section. In carrying out these responsibilities, the zoning administrator has the following powers and duties:
    1. Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications.
    2. Issue permits and inspect properties for compliance with provisions of this ordinance and issue certificates of compliance where appropriate
    3. Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has occurred.
    4. Keep records of all official actions such as:
      1. All permits issued, inspections made, and work approved;
      2. Documentation of certified lowest floor and regional flood elevations;
      3. Floodproofing certificates.
      4. Water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments.
      5. All substantial damage assessment reports for floodplain structures.
      6. List of nonconforming structures and uses.
    5. Submit copies of the following items to the Department Regional office:
      1. Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments;
      2. Copies of case-by-case analyses and other required information.
      3. Copies of substantial damage assessments performed and all related correspondence concerning the assessments.
    6. Investigate, prepare reports, and report violations of this ordinance to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the Department Regional office.
    7. Submit copies of amendments to the FEMA Regional office.
  2. Floodplain Development Permit. A Floodplain Development permit shall be obtained before any development; repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the zoning administrator shall include:
    1. GENERAL INFORMATION
      1. Name and address of the applicant, property owner and contractor;
      2. Legal description, proposed use, and whether it is new construction or a modification;
    2. SITE DEVELOPMENT PLAN. A site plan drawn to scale shall be submitted with the permit application form and shall contain:
      1. Location, dimensions, area and elevation of the lot;
      2. Location of the ordinary highwater mark of any abutting navigable waterways;
      3. Location of any structures with distances measured from the lot lines and street center lines;
      4. Location of any existing or proposed on-site sewage systems or private water supply systems;
      5. Location and elevation of existing or future access roads;
      6. Location of floodplain and floodway limits as determined from the official floodplain zoning maps;
      7. The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study – either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD);
      8. Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of sub. C. or D. are met; and
      9. Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to sub. B.1. This may include any of the information noted in sub. C.3.a.
    3. HYDRAULIC AND HYDROLOGIC STUDIES TO ANALYZE DEVELOPMENT All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the State. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Department.
      1. Zone A floodplains and in AE zones within which a floodway is not delineated:
        Hydrology
        The appropriate method shall be based on the standards in ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.
        Hydraulic modeling The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following:
        determination of the required limits of the hydraulic model shall be based on detailed study information for downstream structures (dam, bridge, culvert) to determine adequate starting WSEL for the study.
        channel sections must be surveyed.
        minimum four-foot contour data in the overbanks shall be used for the development of cross section overbank and floodplain mapping.
        a maximum distance of 500 feet between cross sections is allowed in developed areas with additional intermediate cross sections required at transitions in channel bottom slope including a survey of the channel at each location.
        the most current version of HEC-RAS shall be used.
        a survey of bridge and culvert openings and the top of road is required at each structure.
        additional cross sections are required at the downstream and upstream limits of the proposed development and any necessary intermediate locations based on the length of the reach if greater than 500 feet.
        standard accepted engineering practices shall be used when assigning parameters for the base model such as flow, Manning’s N values, expansion and contraction coefficients or effective flow limits. The base model shall be calibrated to past flooding data such as high-water marks to determine the reasonableness of the model results. If no historical data is available, adequate justification shall be provided for any parameters outside standard accepted engineering practices.
        the model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to provide a tie-in to existing studies. The height difference between the proposed flood profile and the existing study profiles shall be no more than 0.00 feet.
        Mapping A work map of the reach studied shall be provided, showing all cross-section locations, floodway/floodplain limits based on best available topographic data, geographic limits of the proposed development and whether the proposed development is located in the floodway.
        If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation.
        If any part of the proposed development is in the floodway, it must be added to the base model to show the difference between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the existing model, unless adequate justification based on standard accepted engineering practices is provided.
      2. Zone AE Floodplains
        Hydrology If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.
        Hydraulic model The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following:
        Duplicate Effective Model The effective model shall be reproduced to ensure correct transference of the model data and to allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If data from the effective model is available, models shall be generated that duplicate the FIS profiles and the elevations shown in the Floodway Data Table in the FIS report to within 0.1 foot.
        Corrected Effective Model. The Corrected Effective Model shall not include any man-made physical changes since the effective model date but shall import the model into the most current version of HEC-RAS for Department review.
        Existing (Pre-Project Conditions) Model. The Existing Model shall be required to support conclusions about the actual impacts of the project associated with the Revised (Post-Project) Model or to establish more up-to-date models on which to base the Revised (Post-Project) Model.
        Revised (Post-Project Conditions) Model. The Revised (Post-Project Conditions) Model shall incorporate the Existing Model and any proposed changes to the topography caused by the proposed development. This model shall reflect proposed conditions.
        All changes to the Duplicate Effective Model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes.
        Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested. Cross sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water surface elevations and top widths computed by the revised models matching those in the effective models upstream and downstream of the revised reach as required. The Effective Model shall not be truncated.
        Mapping Maps and associated engineering data shall be submitted to the Department for review which meet the following conditions:
        Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the revised flood profiles, topographic work map, annotated FIRMs and/or Flood Boundary Floodway Maps (FBFMs), construction plans, bridge plans.
        Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable items. If a digital version of the map is available, it may be submitted in order that the FIRM may be more easily revised.
        Annotated FIRM panel showing the revised 1% and 0.2% annual chance floodplains and floodway boundaries.
        If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used, then all supporting documentation or metadata must be included with the data submission along with the Universal Transverse Mercator (UTM) projection and State Plane Coordinate System in accordance with FEMA mapping specifications.
        The revised floodplain boundaries shall tie into the effective floodplain boundaries.
        All cross sections from the effective model shall be labeled in accordance with the effective map and a cross section lookup table shall be included to relate to the model input numbering scheme.
        Both the current and proposed floodways shall be shown on the map.
        The stream centerline, or profile baseline used to measure stream distances in the model shall be visible on the map.
        EXPIRATION All permits issued under the authority of this ordinance shall expire no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause. If the permitted work has not started within 180 days of the permit date, the development must comply with any regulation, including any revision to the FIRM or FIS, that took effect after the permit date.
      3. Certificate of Compliance No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt, or replaced shall be occupied until a certificate of compliance is issued by the zoning administrator, except where no permit is required, subject to the following provisions:
        The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this ordinance;
        Application for such certificate shall be concurrent with the application for a permit;
        If all ordinance provisions are met, the certificate of compliance shall be issued within 10 days after written notification that the permitted work is completed;
        The applicant shall submit a certification signed by a registered professional engineer, architect, or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that the requirements of sub. G.5 are met.
        Where applicable pursuant to sub. E.1.d., the applicant must submit a certification by a registered professional engineer or surveyor of the elevation of the bottom of the lowest horizontal structural member supporting the lowest floor (excluding pilings or columns), and an indication of whether the structure contains a basement.
        Where applicable pursuant to sub. E.1.d., the applicant must submit certifications by a registered professional engineer or architect that the structural design and methods of construction meet accepted standards of practice as required by sub. E.1.d.
      4. Other Permits. Prior to obtaining a floodplain development permit the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the U.S. Army Corps of Engineers under s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344.
2. Zoning Agency
  1. The Development Director shall:
    1. oversee the functions of the office of the zoning administrator; and
    2. review and advise the governing body on all proposed amendments to this ordinance, maps, and text.
    3. publish adequate notice pursuant to Ch. 985, Stats., specifying the date, time, place, and subject of the public hearing.
  2. The Development Director shall not:
    1. grant variances to the terms of the ordinance in place of action by the Board of Appeals; or
    2. amend the text or zoning maps in place of official action by the governing body.
3. Board of Zoning Appeals. The Board of Zoning Appeals is hereby authorized or shall be appointed to act for the purposes of this ordinance. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business.
  1. Powers and Duties. The Board of Zoning Appeals shall:
    1. Appeals - Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this ordinance;
    2. Boundary Disputes - Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map; and
    3. Variances - Hear and decide, upon appeal, variances from the ordinance standards.
  2. Appeals to the Board.
    1. Appeals to the board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the zoning administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the board, by filing with the official whose decision is in question, and with the board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the board all records regarding the matter appealed.
    2. Notice and Hearing for Appeals including Variances.
      1. Notice - The board shall:
        Fix a reasonable time for the hearing;
        Publish adequate notice pursuant to Wisconsin Statutes, or other specified Board procedures, specifying the date, time, place, and subject of the hearing; and
        Assure that notice shall be mailed to the parties in interest and the Department Regional office at least 10 days in advance of the hearing.
      2. Hearing - Any party may appear in person or by agent. The board shall:
        Resolve boundary disputes according to sub. G.3.c;
        Decide variance applications according to sub. G.3.4; and
        Decide appeals of permit denials according to sub. G.4.
      3. Decision: The final decision regarding the appeal or variance application shall:
        Be made within a reasonable time;
        Be sent to the Department Regional office within 10 days of the decision;
        Be a written determination signed by the chairman or secretary of the Board;
        State the specific facts which are the basis for the Board's decision;
        Either affirm, reverse, vary or modify the order, requirement, decision, or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application; and
        Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings.
  3. Boundary Disputes. The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries:
    1. If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary.
    2. The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board; and
    3. If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to sub. H. Amendments.
  4. Variance.
    1. The Board may, upon appeal, grant a variance from the standards of this ordinance if an applicant convincingly demonstrates that:
      1. Literal enforcement of the ordinance will cause unnecessary hardship;
      2. The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to adjacent lots or premises. In such case the ordinance or map must be amended;
      3. The variance is not contrary to the public interest; and
      4. The variance is consistent with the purpose of this ordinance in sub. A.3.
    2. In addition to the criteria in sub. (1), to qualify for a variance under FEMA regulations, the Board must find that the following criteria have been met:
      1. The variance shall not cause any increase in the regional flood elevation;
      2. The applicant has shown good and sufficient cause for issuance of the variance;
      3. Failure to grant the variance would result in exceptional hardship;
      4. Granting the variance will not result in additional threats to public safety, extraordinary expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;
      5. The variance granted is the minimum necessary, considering the flood hazard, to afford relief.
    3. A variance shall not:
      1. Grant, extend or increase any use prohibited in the zoning district;
      2. Be granted for a hardship based solely on an economic gain or loss;
      3. Be granted for a hardship which is self-created.
      4. Damage the rights or property values of other persons in the area;
      5. Allow actions without the amendments to this ordinance or map(s) required in sub. H. Amendments; and
      6. Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.
    4. When a floodplain variance is granted, the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25.00 per $100.00 of coverage. A copy shall be maintained with the variance record.
4. Review or Appeal of Permit Denials.
  1. The Board shall review all data related to the appeal. This may include:
    1. Permit application data listed in sub. G.1.b;
    2. Floodway/floodfringe determination data in sub. E.1.e;
    3. Data listed in sub. C.3.a.(2) where the applicant has not submitted this information to the zoning administrator; and
    4. Other data submitted with the application or submitted to the Board with the appeal.
  2. For appeals of all denied permits the Board shall:
    1. Follow the procedures of sub. G.3;
    2. Consider zoning agency recommendations; and
    3. Either uphold the denial or grant the appeal.
  3. For appeals concerning increases in regional flood elevation the Board shall:
    1. Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of sub. H. Amendments; and
    2. Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase provided no other reasons for denial exist.
5. Floodproofing Standards.
  1. No permit or variance shall be issued for a non-residential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to or above the flood protection elevation and submits a FEMA Floodproofing Certificate. Floodproofing is not an alternative to the development standards in subs. B., C., D., or E.1.
  2. For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either:
    1. certified by a registered professional engineer or architect; or
    2. meeting or exceeding the following standards:
      1. a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
      2. the bottom of all openings shall be no higher than one foot above grade; and
      3. openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters
  3. Floodproofing measures shall be designed, as appropriate, to:
    1. Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;
    2. Protect structures to the flood protection elevation;
    3. Anchor structures to foundations to resist flotation and lateral movement;
    4. Minimize or eliminate infiltration of flood waters;
    5. Minimize or eliminate discharges into flood waters;
    6. Placement of essential utilities to or above the flood protection elevation; and
    7. If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
      1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;
      2. The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
      3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
      4. The use must be limited to parking, building access or limited storage.
6. Public Information.
  1. Place marks on structures to show the depth of inundation during the regional flood.
  2. All maps, engineering data and regulations shall be available and widely distributed.
  3. Real estate transfers should show what floodplain district any real property is in
AMENDMENTS
1. Obstructions or increases may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles.
2. In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles. Any such alterations must be reviewed and approved by FEMA and the DNR.
3. In A Zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain maps, floodway lines, and water surface profiles.
  1. General. The council may change or supplement the floodplain zoning district boundaries and this ordinance in the manner outlined in sub. H.3.b., below. Actions which require an amendment to the ordinance and/or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following:
    1. Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height;
    2. Any change to the floodplain boundaries and/or watercourse alterations on the FIRM;
    3. Any changes to any other officially adopted floodplain maps listed in sub. A.5.b(2);
    4. Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain;
    5. Correction of discrepancies between the water surface profiles and floodplain maps;
    6. Any upgrade to a floodplain zoning ordinance text required by s. NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality; and
    7. All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.
  2. Procedures.
    1. Ordinance amendments may be made upon petition of any party according to the provisions of s. 62.23, Stats. The petitions shall include all data required by sub. E.1.e and G.1.b. The Land Use Permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes.
      1. The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department Regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of s. 62.23, Stats.
      2. No amendments shall become effective until reviewed and approved by the Department.
      3. All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body
ENFORCEMENT AND PENALTIES. Any violation of the provisions of this ordinance by any person shall be unlawful and shall be referred to the city attorney. A violator shall, upon conviction, forfeit to the municipality a penalty of not more than $50.00 (fifty dollars), together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance, and the creation may be enjoined, and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to s. 87.30, Stats.
DEFINITIONS. Unless specifically defined, words and phrases in this ordinance shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word "may" is permissive, "shall" is mandatory and is not discretionary.
1. A ZONES – Those areas shown on the Official Floodplain Zoning Map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.
2. AH ZONE – See “AREA OF SHALLOW FLOODING”.
3. AO ZONE – See “AREA OF SHALLOW FLOODING”.
4. ACCESSORY STRUCTURE OR USE – A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building. An accessory structure shall not be used for human habitation.
5. ALTERATION – An enhancement, upgrade or substantial change or modification other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure.
6. AREA OF SHALLOW FLOODING – A designated AO, AH, AR/AO, AR/AH, or VO zone on a community’s Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow.
7. 7. BASE FLOOD – Means the flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM.
8. BASEMENT – Any enclosed area of a building having its floor sub-grade on all sides.
9. BUILDING – See STRUCTURE.
10. BULKHEAD LINE – A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to s. 30.11, Stats., and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this ordinance.
11. CAMPGROUND – Any parcel of land which is designed, maintained, intended, or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or which is advertised or represented as a camping area.
12. CAMPING UNIT – Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up truck, or tent that is fully licensed, if required, and ready for highway use.
13. CERTIFICATE OF COMPLIANCE – A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this ordinance.
14. CHANNEL – A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.
15. CRAWLWAYS or CRAWL SPACE – An enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities.
16. DECK – An unenclosed exterior structure that has no roof or sides and has a permeable floor which allows the infiltration of precipitation.
17. DEPARTMENT – The Wisconsin Department of Natural Resources.
18. DEVELOPMENT – Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.
19. DRYLAND ACCESS – A vehicular access route which is above the regional flood elevation, and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles.
20. ENCROACHMENT – Any fill, structure, equipment, use or development in the floodway.
21. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) – The federal agency that administers the National Flood Insurance Program.
22. FLOOD INSURANCE RATE MAP (FIRM) – A map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.
23. FLOOD or FLOODING – A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions: • The overflow or rise of inland waters; • The rapid accumulation or runoff of surface waters from any source; • The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or • The sudden increase caused by an unusually high-water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.
24. FLOOD FREQUENCY – The probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average once in a specified number of years or as a percent (%) chance of occurring in any given year.
25. FLOODFRINGE – That portion of the floodplain outside of the floodway which is covered by flood waters during the regional flood and associated with standing water rather than flowing water.
26. FLOOD HAZARD BOUNDARY MAP – A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate Map.
27. FLOOD INSURANCE STUDY – A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.
28. FLOODPLAIN – Land which has been or may be covered by flood water during the regional flood. It includes the floodway and the floodfringe and may include other designated floodplain areas for regulatory purposes.
29. FLOODPLAIN ISLAND – A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.
30. FLOODPLAIN MANAGEMENT – Policy and procedures to ensure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.
31. FLOOD PROFILE – A graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river.
32. FLOODPROOFING – Any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage.
33. FLOOD PROTECTION ELEVATION – An elevation of two feet of freeboard above the Regional Flood Elevation. (Also see: FREEBOARD.)
34. FLOOD STORAGE – Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.
35. FLOODWAY – The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.
36. FREEBOARD – A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed.
37. HABITABLE STRUCTURE – Any structure or portion thereof used or designed for human habitation.
38. HEARING NOTICE – Publication or posting meeting the requirements of Ch. 985, Stats. For appeals, a Class 1 notice, published once at least one week (7 days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (7 days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums.
39. HIGH FLOOD DAMAGE POTENTIAL – Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents.
40. HIGHEST ADJACENT GRADE – The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
41. HISTORIC STRUCTURE – Any structure that is either: • Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; • Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; • Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or • Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs.
42. INCREASE IN REGIONAL FLOOD HEIGHT – A calculated upward rise in the regional flood elevation greater than 0.00 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge.
43. LAND USE – Any nonstructural use made of unimproved or improved real estate. (Also see DEVELOPMENT.)
44. LOWEST ADJACENT GRADE – Elevation of the lowest ground surface that touches any of the exterior walls of a building.
45. LOWEST FLOOR – The lowest floor of the lowest enclosed area (including basement).
46. MAINTENANCE – The act or process of ordinary upkeep and repairs, including redecorating, refinishing, nonstructural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems, or structures.
47. MANUFACTURED HOME – A structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle."
48. MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION – A parcel (or contiguous parcels) of land, divided into two or more manufactured home lots for rent or sale.
49. MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING – A parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this ordinance. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads.
50. MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING – The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring of concrete pads.
51. MOBILE RECREATIONAL VEHICLE – A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles."
52. MODEL, CORRECTED EFFECTIVE – A hydraulic engineering model that corrects any errors that occur in the Duplicate Effective Model, adds any additional cross sections to the Duplicate Effective Model, or incorporates more detailed topographic information than that used in the current effective model.
53. MODEL, DUPLICATE EFFECTIVE – A copy of the hydraulic analysis used in the effective FIS and referred to as the effective model.
54. MODEL, EFFECTIVE – The hydraulic engineering model that was used to produce the current effective Flood Insurance Study.
55. MODEL, EXISTING (PRE-PROJECT) – A modification of the Duplicate Effective Model or Corrected Effective Model to reflect any man-made modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, then this model would be identical to the Corrected Effective Model or Duplicate Effective Model.
56. MODEL, REVISED (POST-PROJECT) – A modification of the Existing or Pre-Project Conditions Model, Duplicate Effective Model or Corrected Effective Model to reflect revised or post-project conditions.
57. MUNICIPALITY or MUNICIPAL – The county, city or village governmental units enacting, administering, and enforcing this zoning ordinance.
58. NAVD or NORTH AMERICAN VERTICAL DATUM – Elevations referenced to mean sea level datum, 1988 adjustment.
59. NGVD or NATIONAL GEODETIC VERTICAL DATUM – Elevations referenced to mean sea level datum, 1929 adjustment.
60. NEW CONSTRUCTION – Structures for which the start of construction commenced on or after the effective date of a floodplain zoning regulation adopted by this community and includes any subsequent improvements to such structures.
61. NON-FLOOD DISASTER – A fire or an ice storm, tornado, windstorm, mudslide, or other destructive act of nature, but excludes a flood.
62. NONCONFORMING STRUCTURE – An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this ordinance for the area of the floodplain which it occupies. (For example, an existing residential structure in the floodfringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.)
63. NONCONFORMING USE – An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this ordinance for the area of the floodplain which it occupies. (Such as a residence in the floodway.)
64. OBSTRUCTION TO FLOW – Any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height.
65. OFFICIAL FLOODPLAIN ZONING MAP – That map, adopted and made part of this ordinance, as described in s. 1.5(2), which has been approved by the Department and FEMA.
66. OPEN SPACE USE – Those uses having a relatively low flood damage potential and not involving structures.
67. ORDINARY HIGHWATER MARK – The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
68. PERSON – An individual, or group of individuals, corporation, partnership, association, municipality, or state agency.
69. PRIVATE SEWAGE SYSTEM – A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Safety and Professional Services, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure, or a system located on a different parcel than the structure.
70. PUBLIC UTILITIES – Those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer, and storm sewer.
71. REASONABLY SAFE FROM FLOODING – Means base flood waters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings.
72. REGIONAL FLOOD – A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE.
73. START OF CONSTRUCTION – The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
74. STRUCTURE – Any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lakebed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts.
75. SUBDIVISION – Has the meaning given in s. 236.02(12), Wis. Stats.
76. SUBSTANTIAL DAMAGE – Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred.
77. SUBSTANTIAL IMPROVEMENT – Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure.
78. UNNECESSARY HARDSHIP – Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height, or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance.
79. VARIANCE – An authorization by the board of adjustment or appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the floodplain zoning ordinance.
80. VIOLATION – The failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.
81. WATERSHED – The entire region contributing runoff or surface water to a watercourse or body of water.
82. WATER SURFACE PROFILE – A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.
83. WELL – means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use.

(Ord. O-14-20, pt. XIII, 8-5-2014)

HISTORY
Amended by Ord. O-16-13 pts. IV—XX on 5/3/2016
Amended by Ord. O-17-19 pts. I, II on 7/5/2017
Amended by Ord. O-24-30 on 10/1/2024

24.13.020 Wetland Zoning

Applicability. The wetland zoning regulations of this section are applicable to the adoption, administration and enforcement of city wetland controls as established under Wisconsin Statutes 62.231 and 61.351. All such wetlands in Wauwatosa exist on lands under the ownership of Milwaukee County in the park and open space, the medical center and institution and the research park zoning districts. This section applies to those wetlands of 5 acres or more as shown on the Wisconsin Wetlands Inventory, Wisconsin Department of Natural Resources, July 27, 1988, Township 7 North, Range 21 east, Milwaukee County, Wisconsin.
Conditional Uses. Conditional uses allowed in the wetland district must be regulated by the city and include the following:
1. The construction and maintenance of nonresidential buildings provided that:
  1. The building is used solely in conjunction with the raising of waterfowl, minnows or other wetland or aquatic animals, or used solely for some other purpose which is compatible with wetland preservation;
  2. The building cannot as a practical matter be located outside the wetland;
  3. The building does not exceed 500 square feet in size; and
  4. No filling, flooding, draining, dredging, ditching, tiling or excavating is done, except limited filling and excavating necessary to provide structural support for the building.
2. Temporary water level stabilization measures to alleviate abnormally wet or dry conditions which would have an adverse impact on the conduct of silvicultural activities if not corrected; and
3. The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game farms and wildlife preserves, and public boat launching ramps, provided that:
  1. No filling or excavating is done except for limited filling and excavating necessary for the development of boat launching ramps, swimming beaches or the construction of park shelters or similar structures;
  2. Any private development allowed under this section must be used exclusively for the permitted purpose; and
  3. The construction and maintenance of roads necessary for the uses permitted under this subsection may be permitted.
4. The construction and maintenance of roads which are necessary for the continuity of the city street system, necessary for the provision of essential utility and emergency services, or necessary to provide access to uses permitted under this subsection, provided that:
  1. The road cannot, as a practical matter, be located outside of the wetland;
  2. The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland;
  3. The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;
  4. Road construction activities are carried out in the immediate area of the roadbed only; and
  5. Any filling, flooding, draining, ditching, tiling or excavating that is done must be necessary for the construction or maintenance of the road.
5. The maintenance and repair of existing nonagricultural drainage ditches, where permissible under Wisconsin Statutes Section 30.20, or of other existing nonagricultural drainage systems (such as tiling) to restore preexisting levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil; provided, that the filling is permissible under Wisconsin Statutes Chapter 30, and that dredged spoil is placed on existing spoil banks where possible.
6. The construction and maintenance of electric and telephone transmission lines and water, gas and sewer distribution lines, and related facilities, provided that:
  1. Such lines cannot as a practical matter be located outside the wetland, and
  2. Any filling, excavating, ditching or drainage necessary for such construction or maintenance is done in a matter designed to minimize the adverse impact upon the natural functions of the wetland.
Public Hearings.
1. Before making a decision on an appeal or application, the board of zoning appeals must, within a reasonable period of time, hold a public hearing. The board of zoning appeals must give public notice of the hearing by publishing a Class 2 notice under Ch. 985 Stats. specifying the date, time and place of the hearing and the matters to come before the board of zoning appeals. At the public hearing, any party may present testimony in person, by agent or by attorney.
2. A copy of such notice must be mailed to the parties in interest and the appropriate district office of the department at least 10 days prior to all public hearings on issues involving shoreland-wetland zoning.
Decisions.
1. The final disposition of an appeal or application for a use permit before the board of zoning appeals must be in the form of a written decision, made within a reasonable time after the public hearing and signed by the board chairperson. Such decision must state the specific facts which are the basis of the board of zoning appeals' determination and must either affirm, reverse or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution, or grant the application for a use.
2. A copy of such decision must be mailed to the parties in interest and the appropriate district office of the department within 10 days after the decision is issued.
Amendments. The municipal governing body may alter, supplement or change the district boundaries and the regulations contained in this section in accordance with the requirements of Section 62.23(7)(d)2., Wis. Stats., NR 117. Wis. Adm. Code, and the following:
1. A copy of each proposed text or map amendment must be submitted to the appropriate district office of the department within 5 days of the submission of the proposed amendment to the municipal planning agency.
2. All proposed text and map amendments to the shoreland-wetland zoning regulations must be referred to the municipal planning agency, and a public hearing must be held after Class II notice as required by Section 62.23(7)(d)2., Wis. Stats. The appropriate district office of the department must be provided with written notice of the public hearing at least 10 days prior to such hearing.
3. In order to ensure that this section remains consistent with the shoreland protection objectives of Section 144.26, Wis. Stats. the municipal governing body may not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:
  1. Storm and flood water storage capacity;
  2. Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;
  3. Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
  4. Shoreline protection against erosion;
  5. Fish spawning, breeding, nursery or feeding grounds;
  6. Wildlife habitat; or
  7. Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.
4. Where the district office of the department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Section 24.13.020E.3, the department must notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.
5. The appropriate district office of the department must be provided with:
  1. A copy of the recommendation and report, if any, of the municipal planning agency on a proposed text or map amendment, within 10 days after the submission of those recommendations to the municipal governing body, and
  2. Written notice of the action on the proposed text or map amendment within 10 days after the action is taken.
6. If the department notifies the municipal planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Section 24.13.020E.3, that proposed amendment, if approved by the municipal governing body, does not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the department, as required by Section 24.13.020E.5.b. If within the 30-day period, the department notifies the municipality that the department intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality as provided by Sections 62.231(6) and 61.351(6), Wis. Stats. the proposed amendment does not become effective until the ordinance adoption procedure under Section 62.231(6) or 61.351(6), Wis. Stats. is completed or otherwise terminated.

24.13.030 Erosion And Sedimentation Control

Authority.
1. This section is adopted under the authority granted by Section 62.234, Wisconsin Statutes for cities. This section supersedes all provisions of a section previously enacted under Section 62.23, Wisconsin Statutes that relate to construction site erosion control. Except as otherwise specified in the Section 62.23, Wisconsin Statutes, applies to this section and to any amendments to this section.
2. The provisions of this section are deemed not to limit any other lawful regulatory powers of the City of Wauwatosa.
3. The engineering services division is authorized and directed to administer all the provisions of this section relative to plan examination and the building and safety division is directed to issue permits and enforce all of the provisions of this section.
4. The requirements of this section do not pre-empt more stringent erosion and sediment control requirements that may be imposed by any of the following:
  1. Wisconsin Department of Natural Resources administrative rules, permits or approvals including those authorized under Sections 281.16 and 283.33, Wisconsin Statutes.
  2. Targeted nonagricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under Section NR 151.004, Wis. Adm. Code.
Findings of Fact. The City of Wauwatosa finds that runoff from land disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in the City of Wauwatosa.
Purpose. It is the purpose of this section 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 Wauwatosa.
Applicability and Jurisdiction.
1. Applicability. This chapter is applicable to the following sites of land development or land disturbing activities on lands within the boundaries and jurisdiction of the City of Wauwatosa:
  1. Any land disturbing construction activity of four thousand square feet or more;
  2. Those requiring a subdivision plat approval or the construction of houses or commercial, industrial or institutional buildings on lots of approved subdivision plats;
  3. Those requiring a certified survey approval or the construction of houses or commercial, industrial or institutional building on lots of approved certified surveys;
  4. Those involving grading, removal of protective ground cover or vegetation, demolition, excavation, land filling or other land disturbing activity affecting a surface area of four thousand square feet or more;
  5. Those involving excavation or filling or a combination of excavation and filling affecting four hundred cubic yards or more of dirt, sand or other excavation or fill material;
  6. Those involving street, highway, road, or bridge construction, enlargement, relocation and reconstruction;
  7. Those involving the laying, repairing, replacing or enlarging of an underground pipe or facility for a continuous distance of three hundred feet or more; and
  8. Those involving grading, removal of protective groundcover or vegetation, excavation, demolition, landfilling or other land disturbing activity on slopes of twelve percent or more.
2. Exemptions. This chapter does not apply to the following:
  1. 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.
  2. Land disturbing construction activity that includes the construction of a building and is otherwise regulated by the Wisconsin Department of Commerce under Section 21.125 or Section 50.115, Wis. Adm. Code.
  3. A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under chapter 40, Code of Federal Regulations, part 122, for land disturbing construction activity.
  4. Nonpoint discharges from agricultural facilities and practices.
  5. Nonpoint discharges from silviculture activities.
  6. Routine maintenance for project sites under five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
  7. Activities conducted by a state agency which is subject to the state plan promulgated or a memorandum of understanding entered into under Section 281.33(2), Wisconsin Statutes.
3. Public Safety Considerations. Notwithstanding the preceding applicability and exemption statements, this chapter also applies to construction sites of any size that, in the opinion of the department of development, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
4. Exclusions. This section is not applicable to activities conducted by a state agency, as defined under § 227.01 (1), Wis. Stats.
Definitions.
1. "Administering authority" means a governmental employee, or a regional planning commission empowered under § 62.234, Wis. Stats., that is designated by the City of Wauwatosa to administer this section.
2. "Agricultural facilities and practices" has the meaning in Section 281.16(1), Wisconsin Statutes.
3. "Agricultural land use" means use of land for planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or yarding of livestock.
4. "Average annual rainfall" means a typical calendar year of precipitation as determined by the department for users of models such as SLAMM, P8, or equivalent methodology. The average annual rainfall is chosen from a department publication for the location closest to the municipality.
5. "Best management practice" or "BMP" means a practice or combination of practices to control erosion and attendant pollution, as defined in the WDNR Technical Standards.
6. "Business day" or "working day" means a day the Wauwatosa Civic Center is routinely and customarily open for business.
7. "Cease and desist order" means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit.
8. "City personnel" or "authorized personnel" means employees or agents of the City of Wauwatosa authorized to implement provisions of this section.
9. "Construction site" means an area upon which one or more land disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land disturbing construction activities may be taking place at different times on different schedules but under one plan. A long-range planning document that describes separate construction projects, such as a 20-year transportation improvement plan, is not a common plan of development.
10. "Design Storm" means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall.
11. "Division of land" means the creation from one parcel of two or more parcels or building sites of two or fewer acres each in area where such creation occurs at one time or through the successive partition within a five-year period.
12. "Erosion" means the process by which the land's surface is worn away by the action of wind, water, ice or gravity.
13. "Erosion control plan" or "erosion control plan statement" means a written description of the number, locations, size, and other pertinent information about best management practices designed to meet the requirements of this chapter.
14. "Erosion and sediment control plan" means a comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
15. "Final stabilization" means that all land disturbing construction activities at the construction site have been completed and that a uniform perennial vegetative cover has been established, with a density of at least seventy percent of the cover, for the unpaved areas and areas not covered by permanent structures, or that employ equivalent permanent stabilization measures.
16. "Land development activity" means the construction or demolition of buildings, roads, parking lots, paved storage areas and similar facilities.
17. "Land disturbing activity" means any manmade change of the land surface including removing vegetation cover, excavating, filling and grading but not including agricultural land uses such as planting, growing, cultivating and harvesting of crops; growing and tending of gardens; and harvesting of trees.
18. "Land disturbing construction activity" means any manmade alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.
19. "Landowner" means any person holding title, an easement or other interest in property which allows the person to undertake land disturbing construction activity or maintenance of storm water BMPs on the property.
20. "Land user" means any person operating, leasing, renting or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.
21. "Maximum extent practicable" or "MEP" means the highest level of performance that is achievable but is not equivalent to a performance standard identified in this section. Maximum extent practicable applies when a person who is subject to a performance standard of this section demonstrates to the Director of Public Work'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.
22. "Performance standard" means a narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
23. "Permit" means a written authorization made by the City of Wauwatosa to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.
24. "Pollutant" has the meaning given in Section 283.01(13), Wisconsin Statutes.
25. "Pollution" has the meaning given in Section 281.01(10), Wisconsin Statutes.
26. "Responsible party" means any entity holding fee title to the property or performing services to meet the performance standards of this section through a contract or other agreement.
27. "Runoff" means stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
28. "Sediment" means settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.
29. "Separate storm sewer" means a conveyance or system of conveyances including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:
  1. Is designed or used for collecting water or conveying runoff;
  2. Is not part of a combined sewer system;
  3. Is not draining to a stormwater treatment device or system; and
  4. Discharges directly or indirectly to waters of the state.
30. "Silviculture activity" means activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.
31. "Site" means the entire area included in the legal description of the parcel or other land division on which the land development or land disturbing activity is proposed in the permit application.
32. "Stabilize" means to make the site steadfast or firm, minimizing soil movement by mulching and seeding, sodding, landscaping, concrete, gravel or other measure.
33. "Stop work order" means an order issued by the director of development which requires that all construction activity on the site be stopped.
34. "Technical standard" means a document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
35. "Transportation facility" means a highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes such as harbor improvements under § 85.095(1)(b), Wis. Stats. "Transportation facility" does not include building sites for the construction of public buildings and buildings that are places of employment that are regulated by the Department pursuant to § 281.33, Wis. Stats.
36. "Waters of the state" includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.
Technical Standards.
1. Design Criteria, Standards and Specifications. All BMPs required to comply with this section shall meet the 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.
2. Other Standards. Other technical standards not identified or developed in subsection F.1., may be used provided that the methods have been approved by the city.
Performance Standards.
1. Responsible Party. The responsible party shall implement an erosion and sediment control plan, developed in accordance with Section 24.13.030H. that incorporates the requirements of this section.
2. Plan. A written plan shall be developed in accordance with Section 24.13.030H. and implemented for each construction site.
3. Erosion and Other Pollutant Control Requirements. The plan required under subsection G.2., above, shall include the following:
  1. BMPs that, by design, discharge no more than 5 tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization.
  2. No person shall be required to exceed the requirements of this paragraph. Erosion and sediment control BMPs may be used alone or in combination to meet the requirements of this paragraph. Credit toward meeting the sediment reduction shall be given for limiting the duration or area, or both, of land disturbing construction activity, or other appropriate mechanism.
  3. Notwithstanding paragraph 3.a., or 3.b., if BMPs cannot be designed and implemented to reduce the sediment load as required on an average annual basis, the plan shall include a written and site-specific explanation as to why the goal is not attainable and the sediment load shall be reduced to the maximum extent practicable.
  4. Where appropriate, the plan shall include sediment controls to do all of the following to the maximum extent practicable:
    1. Prevent tracking of sediment from the construction site onto roads and other paved surfaces. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning, to the satisfaction of the city, before the end of each workday. Flushing may not be used unless sediment will be controlled by a sediment basin or other appropriate best management practice specified in the WDNR Technical Standards.
    2. Prevent the discharge of sediment as part of site dewatering. Water pumped from the site shall be treated by sediment basins or other appropriate best management practices specified in the WDNR Technical Standards. Water may not be discharged in a manner that causes erosion of the site, adjacent sites, or receiving channels.
    3. Protect all separate storm sewers and stormwater inlet structures from receiving sediment. All stormwater inlets shall be protected with a straw bale, filter fabric, or equivalent barrier as specified in the WDNR Technical Standards.
    4. The use, storage and disposal of chemicals, cement and other compounds and materials used on the construction site shall be managed during the construction period, to prevent their entrance into waters of the state. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials, or hazardous materials) shall be properly disposed and not allowed to be carried off-site by runoff or wind. 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 paragraph.
    5. Prevent discharge of sediment from disturbed areas into adjacent waters of the state.
    6. Prevent discharge of sediment from drainage ways that flow off the site.
    7. Prevent transport by runoff into waters of the state of untreated wash water from vehicle and wheel washing.
    8. All off-site sediment deposits occurring as a result of a storm event shall be cleaned up by the end of the next work day. All other off-site sediment deposits occurring as a result of construction activities shall be cleaned up by the end of the work day.
    9. Incorporate the following preventative measures:
      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 20% or more.
      4. Development of spill prevention and response procedures.
    10. The following criteria (paragraphs (A) through (F) of this subsection) apply only to the land development or land disturbing activities that result in runoff leaving the site:
      1. Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described in subsection (C), below. Sheet flow runoff from adjacent areas greater than ten thousand square feet in area shall also be diverted around disturbed areas unless shown to have resultant runoff velocities of less than 0.5 ft./sec. across the disturbed area for the ten-year, twenty-four-hour storm as defined in the WDNR Technical Standards. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. For allowable velocities in different types of channels, soil conservation service guidelines shall be followed.
      2. All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time.
      3. Runoff from the entire disturbed area on the site shall be controlled by meeting subsection (a) and either of subsection (b) or (c), below.
        All disturbed ground left inactive for seven or more days shall be stabilized by temporary or permanent seeding, temporary or permanent seeding and mulching, sodding, covering with tarps, or equivalent best management practices. If temporary seeding is used, a permanent cover shall also be required as part of the final site stabilization. Seeding or sodding shall be required as part of the final site stabilization. Seeding or sodding shall be conducted as specified in the WDNR Technical Standards or by the board of public works. Variances from the requirements of this subparagraph may be granted by the building regulations department upon application, but only if the failure to comply is due to extended periods of rain or other construction delays beyond the control of the responsible party.
        For sites with ten or more acres disturbed at one time, or if a channel originates in the disturbed area, one or more sediment basins shall be constructed. Each sediment basin shall be designed and constructed as specified in the WDNR Technical Standards.
        For sites with less than ten acres disturbed at one time, filter fences, straw bales, or equivalent best management practices shall be placed along all sideslope and downslope sides of the site. If a channel or area of concentrated runoff passes through the site, filter fences shall be placed along the channel edges to reduce sediment reaching the channel.
      4. Sites with slopes of twelve percent or more may require additional or different controls than listed in subsection (C), above. Requirements for such slopes shall be as specified by the board of public works.
      5. Wherever possible, soil or dirt storage piles shall be located a minimum of twenty-five feet from any downslope road, lake, stream, wetland, or drainage channel. Straw bale or filter fabric fences shall be placed on the downslope side of the piles. If remaining for more than seven days, piles shall be stabilized by mulching, vegetative cover, tarps or other means. The board of public works may require additional or different best management practices for piles located closer than twenty-five feet to a road, lake, stream, wetland or drainage channel.
      6. When the disturbed area has been stabilized by permanent vegetation or other means, temporary best management practices such as filter fabric fences, straw bales, sediment and sediment traps shall be removed.
4. Location. The BMPs used to comply with this section shall be located prior to runoff entering waters of the state.
5. Implementation.
  1. Erosion and sediment control practices must be constructed or installed in accordance with the erosion control plan before land disturbing construction activities begin.
  2. Final stabilization must commence when land disturbing construction activities cease and final grade has been reached on any portion of the site.
6. Alternate Requirements. The City of Wauwatosa may establish stormwater management requirements more stringent than those set forth in this section if the City of Wauwatosa determines that an added level of protection is needed for sensitive resources.
Permits. No landowner or land user may commence a land development or land disturbing activity subject to this chapter without receiving prior approval of an erosion control plan for the site from the engineering services division and a permit from the building and safety division. At least one landowner or land user controlling or using the site and desiring to undertake a land development or land disturbing activity subject to this chapter shall submit an application for an erosion control permit and a control plan and pay a fee, as outlined in the city consolidated fee schedule. By submitting an application, the applicant is authorizing the city or other agent authorized by the city to enter the site to obtain information required for the review of the erosion control plan.
1. Plans Covering One or More Acres. Erosion control plans for land development and land disturbing activities covering one or more acres 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. Existing Site Map. A map of existing site conditions on a scale of at least one inch equals one hundred feet showing the site and immediately adjacent areas extending at least two hundred feet in each direction:
    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.
    5. Calculations to show the compliance with the performance standard in subsection G.3.a.
    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.
  2. Plan of Final Site Conditions. A plan of final site conditions on the same scale as the existing site map showing the site changes.
  3. Site Construction Plan. A site construction plan including:
    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 flood plains, 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 storm water is discharged to a surface water or wetland within one-quarter mile downstream of the construction site.
    9. Areas(s) used for infiltration of post-construction storm water runoff.
    10. An alphanumeric or equivalent grid overlying the entire construction site map.
  4. 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 engineering services division, 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 drainage ways.
    11. Installation of permanent stabilization practices as soon as possible after final grading.
    12. Minimization of dust to the maximum extent practicable.
  5. 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 non-erosive flow from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected.
2. Erosion and Sediment Control Plan Amendments. The applicant shall amend the erosion and sediment control plan if any of the following occur:
  1. There is a change in design, construction, operation or maintenance at the site which has the reasonable potential for the discharge of pollutants to waters of the state and which has not otherwise been addressed in the erosion and sediment control plan.
  2. The actions required by the erosion and sediment control plan fail to reduce the impacts of pollutants carried by construction site runoff.
  3. The engineering services division notifies the applicant of changes needed in the erosion and sediment control plan.
3. Plans Covering Less than One Acre. Erosion control plans for land development and land disturbing activities covering less than one acre must include the following information:
  1. Property boundaries and area to be disturbed;
  2. Direction of slopes before and after development;
  3. Existing and proposed buildings and other improvements;
  4. Size of upslope drainage areas;
  5. Development schedule;
  6. Best management practices necessary to meet the requirements of this chapter;
  7. Description of vegetation and other materials to be used to stabilize the site including a schedule for installation and maintenance; and
  8. Name, address and daytime telephone number of the applicant and the person responsible for maintenance of best management practices.
4. Review of Erosion Control Plans.
  1. Plans Covering One or More Acres. Within thirty working days of receipt of the application, control plan, and fee, the board of public works shall review the application and control plan to determine if the requirements of this chapter are met. The board of public works may request comments from other agencies. If the requirements of this chapter are met, the board of public works shall approve the plan, inform the applicant and approve the issuance of a permit. If the conditions are not met, the board of public works shall inform the applicants in writing and may either require needed information or disapprove the plan. Within thirty working days of receipt of needed information, the board of public works shall again determine if the plan meets the requirements of this chapter. If the plan is disapproved, the board of public works shall inform the applicant in writing of the reasons for disapproval.
  2. Plans Covering Less than One Acre. Within ten working days of receipt of the application, control plan, and fee, the building regulations department shall review the application and control plan statement to determine if requirements of this chapter are met. The building regulations department may request comments from other staff or agencies. If the requirements of this chapter are met, the building regulations department shall approve the plan, inform the applicant and issue a permit. If the conditions are not met, the building regulations department shall inform the applicant in writing and may either require needed information or disapprove the plan. Within ten working days of receipt of needed information, the building regulations department shall again determine if the plan meets the requirements of this chapter. If the plan is disapproved, the building regulations department shall inform the applicant in writing of the reasons for disapproval.
5. Erosion Control Permits.
  1. Required. No building permit or footing and foundation permit may be issued for a site subject to this section without an erosion control permit.
  2. Duration. Erosion control permits shall be valid for a period of one hundred eighty days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The building regulations department may extend the period one or more times for up to an additional one hundred eighty days. The building regulations department may require additional best management practices as a condition of the extension if they are necessary to meet the requirements of this chapter.
  3. Surety Bond. As a condition of approval and issuance of the permit, the city shall require the applicant to deposit a surety bond, irrevocable letter of credit, or cash escrow to guarantee a good faith execution of the approved erosion control plan and any permit conditions.
  4. Permit Conditions. All erosion control permits shall require the permittee to:
    1. Notify the city within two working days of commencing any land development and land disturbing activity;
    2. Notify the city of completion of any best management practices within the next working day after their installation;
    3. Obtain permission in writing from the building regulations department prior to modifying the erosion control plan;
    4. Install all best management practices as identified in the approved erosion control plan;
    5. Maintain all road drainage systems, stormwater drainage systems, best management practices and other facilities identified in the erosion control plan;
    6. Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land development or land disturbing activities;
    7. Inspect the BMPs within twenty-four hours after each rain of 0.5 inches or more which results in runoff during active construction periods, and at least once each week make needed repairs and document the findings of the inspections in a site erosion control log with the date of inspection, the name of the person conducting the inspection, and a description of the present phase of the construction at the site;
    8. Allow city personnel or other agents authorized by the city to enter the site for the purpose of inspecting compliance with the erosion control plan or for performing any work necessary to bring the site into compliance with the erosion control plan; and
    9. Keep a copy of the erosion control plan on the site.
Fee Schedule. The fees referred to in this section shall be as established by the City of Wauwatosa and outlined in the city consolidated fee schedule.
Inspection. If land disturbing construction activities are being carried out without a permit required by this section, an inspector of the City of Wauwatosa may enter the land pursuant to an inspection warrant as provided for in Sections 66.0119(1), (2), and (3), Wisconsin Statutes.
Enforcement.
1. The building and safety division may post a stop-work order if any of the following occurs:
  1. Any land disturbing construction activity regulated under this section is being undertaken without a permit.
  2. The erosion and sediment control plan is not being implemented in a good faith manner.
  3. The conditions of the permit are not being met.
2. 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 building and safety division may revoke the permit.
3. If the responsible party, where no permit has been issued, does not cease the activity after being notified by the city's building and safety division, or if a responsible party violates a stop-work order posted under subsection 1., the building and safety division may request the city attorney to obtain a cease and desist order in any court with jurisdiction.
4. The building and safety division may retract the stop-work order issued under subsection 1. or the permit revocation under subsection 2.
5. After posting a stop-work order under subsection 1., the building and safety division may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this section. The building and safety division 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 of Wauwatosa, plus interest at the rate authorized by the City of Wauwatosa 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 Subchapter VII of Chapter 66, Wisconsin Statutes.
6. Any person violating any of the provisions of this section shall be subject to a forfeiture of not less than one hundred dollars nor more than one thousand dollars and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.
7. 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 injunction proceedings.
Appeals.
1. Board of Public Works. The Board of Public Works created pursuant to Section 62.14, Wisconsin Statutes:
  1. Shall hear and decide appeals where it is alleged that there is error in any orders, requirements, decisions or interpretations made by the engineering services division or the building and safety division in administering this section except for cease and desist orders obtained under Section 24.13.030K.
  2. Upon appeal, may authorize variances from the provisions of this section which are not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of the section will result in unnecessary hardship; and
  3. Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.
2. Who May Appeal. Any person aggrieved by orders, requirements, decisions or interpretations made by the engineering services division or the building and safety division may, within fifteen days from the date of said orders, requirements, decisions or interpretations serve written notice upon the chief building official and file an application of appeal to the board of public works.
Severability.
1. If a court of competent jurisdiction judges any section, clause, provision or portion of this ordinance unconstitutional or invalid, the remainder of the ordinance shall remain in force and not be affected by such judgment.

HISTORY
Adopted by Ord. O-16-15 pt. I on 5/3/2016
Amended by Ord. O-16-39 pts. I, II on 12/6/2016

24.13.040 Stormwater Management

Authority.
1. This section is adopted by the common council under the authority granted by § 62.234, Wis. Stats. This section supersedes all provisions of an ordinance previously enacted under § 62.23, Wis. Stats., that relate to storm water management regulations. Except as otherwise specified in § 62.234, Wis. Stats., § 62.23, Wis. Stats., applies to this section and to any amendments to this section.
2. The provisions of this section are deemed not to limit any other lawful regulatory powers of the same governing body.
3. The common council hereby designates the engineering services division to administer and enforce the provisions of this section.
4. The requirements of this section do not pre-empt more stringent storm water management requirements that may be imposed by any of the following:
  1. Wisconsin Department of Natural Resources administrative rules, permits or approvals including those authorized under §§ 281.16 and 283.33, Wis. Stats.
  2. Targeted non-agricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Adm. Code.
Findings of Fact. The common council finds that uncontrolled 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. Due to capacity limitations of the stormwater and combined sewer systems in the City of Wauwatosa, reduction of stormwater runoff quantity must be of the highest high priority in the policies of the City of Wauwatosa. Specifically, uncontrolled 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, drainage ways, and other minor drainage facilities;
6. Threaten public health, safety, property and general welfare by increasing major flood peaks and volumes;
7. Undermine floodplain management efforts by increasing the incidence and levels of flooding; and
8. Aggravate excessive infiltration and inflow of water into sanitary sewer connections during peak storm events causing the conveyance system to surcharge, overflow or backup into basements.
Purpose. This chapter integrates federal and state construction post-construction site stormwater quality standards with duties to reasonably manage the quantity of water run-off for regional flood abatement. This chapter implements the Milwaukee Metropolitan Sewerage District rules on release rates for development creating more than a de minimis amount of new impervious surface, to reduce the probability of increased regional floods as the metropolitan area approaches full build-out forecast for 2050.
Applicability.
1. The water quality management requirements of this chapter apply to property development disturbing one or more acres.
2. The water quantity management requirements of this chapter apply to development that increases impervious surface by one-half or more acres.
3. A site meeting any one of the following criteria is exempt from stormwater quality requirements.
  1. A post-construction site with less than ten percent directly connected impervious area (DCIA) based on complete development of the post-construction site, provided the cumulative area of all parking lots and rooftops is less than one acre.
  2. Nonpoint discharges from agricultural facilities and practices.
  3. Nonpoint discharges from silviculture activities.
  4. Routine maintenance for project sites under five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
  5. Underground utility construction such as water, sewer and fiberoptic lines. This exemption does not apply to the construction of any above ground structures associated with utility construction.
4. Water quantity management requirements do not apply if:
  1. The development is exclusively residential, the net increase in the area of impervious surface is less than twenty percent of the area of the site; and each boundary of the site is contiguous to: sites that contain earlier development served by sanitary sewers, streets, or public water supply at the time the city receives the plans for the new development or parkland; or other public land, a utility right-of-way, or a watercourse; or,
  2. Sites where the area of post-construction impervious surface will be five percent or less of the total area of the site;
  3. Recreational trails if the trail is less than or equal to ten feet in width and has a continuous pervious buffer at least five feet wide on each side, disregarding interruption by streets, driveways, or other impervious surfaces crossing the trail.
  4. Notwithstanding the applicability requirements in paragraph (a), this chapter applies to a post-construction site of any size that, in the opinion of the city engineer, is likely to result in runoff that exceeds the capacity of the existing drainage facilities or the level of flooding protection in a watercourse that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
5. County, state and federal agencies undertaking projects within the City of Wauwatosa, in the event that such project is not otherwise subject to the provisions of this chapter, should design and incorporate best management practices for surface water quality and stormwater quantity management for new impervious surfaces. The runoff management techniques should be the same as flood abatement plans and techniques utilized elsewhere in the watershed. The lead agency preparing an environmental assessment for a federal or state project shall identify and inform the city of the mitigating runoff management techniques to prevent increases in peak flood flows from new impervious areas.
6. Persons exempted from the provision of this chapter shall, upon request, provide such reasons in writing to the engineering services division. In such submissions or exemption requests, maps and calculations of changes in impervious surface area over the entire site shall be included.
Definitions.
1. "Adequate sod, or self-sustaining vegetative cover" means maintenance of sufficient vegetation types and densities such that the physical integrity of the streambank or lakeshore is preserved. Self-sustaining vegetative cover includes grasses, forbs, sedges and duff layers of fallen leaves and woody debris.
2. "Agricultural facilities and practices" has the meaning given in § 281.16(1), Wis. Stats.
3. "Atlas 14" means the National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Precipitation-Frequency Atlas of the United States, Volume 8 (Midwestern States), published in 2013.
4. "Average annual rainfall" means a typical calendar year of precipitation as determined by the department for users of models such as SLAMM, P8, or equivalent methodology. The average annual rainfall is chosen from a department publication for the location closest to the municipality.
5. "Best management practice" or "BMP" means structural or non-structural measures, practices, techniques or devices employed to:
  1. Avoid or minimize sediment or pollutants carried in runoff to waters of the state; or
  2. Manage the rate or volume of runoff.
6. "Cease and desist order" means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the city engineer.
7. "Connected imperviousness" means an impervious surface connected to the waters of the state via a separate storm sewer, an impervious flow path, or a minimally pervious flow path.
8. "Critical time" means the period starting at the time of peak rainfall intensity with duration equal to the time of concentration of the watershed.
9. "Design storm" means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.
10. "Development" means construction of residential, commercial, industrial or institutional land uses and associated roads, including re-development.
11. "Direct conduits to groundwater" means wells, sinkholes, swallets, fractured bedrock at the surface, mine shafts, non-metallic mines, tile inlets discharging to groundwater, quarries, or depressional groundwater recharge areas over shallow fractured bedrock.
12. "City engineer" means the city engineer for the City of Wauwatosa or a designee of the city engineer.
13. "Effective infiltration area" means the area of the infiltration system that is used to infiltrate runoff and does not include the area used for site access, berms or pretreatment.
14. "Erosion" means the process by which the land's surface is worn away by the action of wind, water, ice or gravity.
15. "Exceptional resource waters" means waters listed in Section NR 102.11, Wis. Adm. Code.
16. "Existing development" means development in existence on October 1, 2004, or development for which a notice of intent to apply for a storm water permit in accordance with subch. III of ch. NR 216 was received by the Wisconsin Department of Natural Resources or the department of commerce on or before October 1, 2004.
17. "Filtering layer" means soil that has at least a 3-foot deep layer with at least 20 percent fines; or at least a 5-foot deep layer with at least 10 percent fines; or an engineered soil with an equivalent level of protection as determined by the regulatory authority for the site.
18. "Final stabilization" means that all land disturbing construction activities at the construction site have been completed and that a uniform, perennial, vegetative cover has been established, with a density of at least seventy percent of the cover, for the unpaved areas and areas not covered by permanent structures, or employment of equivalent permanent stabilization measures.
19. "Impaired water" means a waterbody impaired in whole or in part and listed by the department pursuant to 33 USC 1313 (d)(1)(A) and 40 CFR 130.7 , for not meeting a water quality standard, including a water quality standard for a specific substance or the waterbody's designated use.
20. "Impervious surface" means an area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. Rooftops, sidewalks, driveways, gravel or paved parking lots, and streets are examples of surfaces that typically are impervious.
21. "In-fill area" means an undeveloped area of land located within an existing urban sewer service area, surrounded by development or development and natural or man-made features where development cannot occur. "In-fill" does not include any undeveloped area that was part of a larger new development for which a notice of intent to apply for a storm water permit in accordance with subch. III of ch. NR 216 was required to be submitted after October 1, 2004, to the Wisconsin Department of Natural Resources or the department of commerce.
22. "Infiltration" means the entry of precipitation or runoff into or through the soil.
23. "Infiltration system" means a device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or road side channels designed for conveyance and pollutant removal only.
24. "Karst feature" means an area or surficial geologic feature subject to bedrock dissolution so that it is likely to provide a conduit to groundwater, and may include caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs, seeps or swallets.
25. "Land disturbing construction activity" means any manmade alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.
26. "Maintenance agreement" means a legal document that provides for long-term maintenance of stormwater management practices.
27. "MEP" or "maximum extent practicable" applies when a person who is subject to a performance standard specified in this section demonstrates 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, an applicant 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.
28. "New development" means development resulting from the conversion of previously undeveloped or agricultural land uses.
29. "Off-site" means located outside the property boundary described in the permit application.
30. "On-site" means located within the property boundary described in the permit application.
31. "Ordinary high-water mark" has the meaning given in Section NR 115.03(6), Wis. Adm. Code.
32. "Outstanding resource waters" means waters listed in Section NR 102.10, Wis. Adm. Code.
33. "Percent fines" means the percentage of a given sample of soil, which passes through a number two hundred sieve.
34. "Performance standard" means a narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
35. "Permit" means a written authorization made by the city engineer to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.
36. "Pervious surface" means an area that releases as runoff a small portion of the precipitation that falls on it. Lawns, gardens, parks, forests or other similar vegetated areas are examples of surfaces that typically are pervious.
37. "Pollutant" has the meaning given in Section 283.01(13), Wisconsin Statutes.
38. "Pollution" has the meaning given in Section 281.01(10), Wisconsin Statutes.
39. "Post-construction site" means a construction site following the completion of land disturbing construction activity and final site stabilization.
40. "Pre-development condition" means the extent and distribution of land cover types present before the initiation of land disturbing construction activity, assuming that all land uses prior to development activity are managed in an environmentally sound manner.
41. "Preventive action limit" has the meaning given in Section NR 140.05(17), Wis. Adm. Code.
42. "Recreational trail" means a path that is:
  1. Distinctly set apart from a roadway, street, or sidewalk;
  2. Designed for activities such as jogging, walking, hiking, bird-watching, bicycle riding, roller skating, or similar recreational activities not involving the use of motorized vehicles; and
  3. Not a sidewalk according to Section 340.01(58), Wisconsin Statutes.
43. "Regional flood" means the peak flow and peak elevation of water with a one percent probability of occurring during any one year, considering rainfall time and intensity patterns, rainfall duration, area distribution, antecedent moisture, and snow melt.
44. "Redevelopment" means new construction, modification or replacement of older development.
45. "Responsible party" means any entity holding fee title to the property or other person contracted or obligated by other agreement to implement and maintain post-construction stormwater BMPs.
46. "Runoff" means stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
47. "Separate Storm Sewer" means a conveyance or system of conveyances including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:
  1. Is designed or used for collecting water or conveying runoff.
  2. Is not part of a combined sewer system.
  3. Is not part of a publicly owned wastewater treatment works that provides secondary or more stringent treatment.
48. "Silviculture activity" means activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.
49. "Site" means the entire parcel included in the legal description of the land on which the land disturbing construction activity occurred.
50. "Stop work order" means an order issued by the city engineer which requires that all construction activity on the site be stopped.
51. "Stormwater management plan" means a comprehensive plan designed to reduce the discharge of pollutants from stormwater after the site has under gone final stabilization following completion of the construction activity.
52. "Stormwater management system plan" is a comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.
53. "Technical standard" means a document that specifies design, predicted performance and operation and specifications for a material, device or method.
54. "Time of concentration" means the time period for the furthest runoff from the outlet of a watershed to contribute to flow at the watershed outlet.
55. "Top of the channel" means an edge, or point on the landscape, landward from the ordinary high water mark of a surface water of the state, where the slope of the land begins to be less than twelve percent continually for at least fifty feet. If the slope of the land is twelve percent or less continually for the initial fifty feet, landward from the ordinary high water mark, the top of the channel is the ordinary high water mark.
56. "Total maximum daily load" or "TMDL" means the amount of pollutants specified as a function of one or more water quality parameters, that can be discharged per day into a water quality limited segment and still ensure attainment of the applicable water quality standard.
57. "TP" means total phosphorus.
58. "TP-40" means Technical Paper No. 40, Rainfall Frequency Atlas of the United States, published in 1961.
59. "TR-55" means the United States Department of Agriculture, Natural Resources Conservation Service (previously Soil Conservation Service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986.
60. "Transportation Facility" means a highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes such as harbor improvements under § 85.095(1)(b), Wis. Stats. "Transportation facility" does not include building sites for the construction of public buildings and buildings that are places of employment that are regulated by the Department pursuant to § 281.33, Wis. Stats.
61. "TSS" means total suspended solids.
62. "Type II distribution" means a rainfall type curve as established in the "United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published 1973". The Type II curve is applicable.
63. "Water quality management" means the stormwater standards and duties established under the Clean Water Act, 33 U.S.C. 1251 et seq., parallel Wisconsin laws regulating the discharge of pollutants, and implementing regulations.
64. "Water quantity management" means stormwater duties and practices to abate peak flood flows during regional storm events pursuant to Chapter 13 of the Milwaukee Metropolitan Sewerage District rules as implemented and enforced by this municipality.
65. "Waters of the State" include those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.
Technical Standards. The following methods shall be used in designing the water quality, peak flow shaving and infiltration components of stormwater practices needed to meet the requirements of this chapter:
1. 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.
3. The most recent rainfall data available from the Southeastern Wisconsin Regional Planning Commission or more protective data shall be the basis for the analyses required by this chapter.

Performance Standards.

Responsible Party. The responsible party shall implement a post-construction stormwater management plan that incorporates the requirements of this section.
Plan. A written stormwater quality and quantity management plan in accordance with Section 24.13.040I. shall be developed and implemented for each post-construction site.
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 and report total phosphorus 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.

Requirements. The stormwater quality and quantity management plan shall include the following:

Total Suspended Solids and Total Phosphorus. BMPs shall be designed, installed and maintained to control total suspended solids (TSS) and report total phosphorus (TP)carried in runoff from the post-construction site as follows:

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

Table 13.040-1. TSS Reduction Standards and TP Reporting
Development Type	TSS Reduction	TP Reduction
New Development	80 percent	Report associated reduction
In-fill development	80 percent	Report associated reduction	Report associated reduction
Redevelopment	40 percent of load from parking areas and roads

Maximum Extent Practicable. If the design cannot meet a total suspended solids reduction performance standard of Table 13.040-1, the storm water 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.
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.

Water Quantity and Management of Peak Runoff.
1. BMPs shall be utilized to manage the volume, timing, and peak flow rate of runoff to prevent increases in the regional flood and stream bank erosion rates.
2. These BMPs shall be implemented on an individual site basis.
3. For the one-year, twenty-four-hour and two-year, twenty-four-hour design storm, BMPs shall be designed to either: maintain or reduce the peak runoff discharge rates, to the maximum extent practicable, as compared to pre-development conditions or achieve a maximum runoff release rate of 0.15 cubic feet per second per acre, whichever is more stringent.
4. Pre-development conditions shall assume "good hydrologic conditions" for appropriate land covers as identified in TR-55 or an equivalent methodology. The meaning of "hydrologic soil group" and "runoff curve number" are as determined in TR-55. However, when pre-development land cover is cropland, rather than using TR-55 values for cropland, the runoff curve numbers in Table 13.040-2 shall be used. 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 engineering services division may allow the use of TP-40 precipitation depths and the Type II distribution.
  
  Table 13.040-2. qc> 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
5. For the one percent/one-hundred-year, twenty-four-hour design storm, BMPs shall be designed to achieve a runoff release rate that is less than or equal to either:
  1. 0.5 cubic feet per second per acre; or
  2. A rate determined for the individual site that distributes runoff over the critical time sufficient to comply with the regulations of this section.
6. This subsection of the section does not apply to any of the following:
  1. A post-construction site where the discharge is directly into a lake over 5,000 acres or a stream or river segment draining more than 500 square miles.
  2. Except as provided under section 16.13.040.G.3, a redevelopment post-construction site.
  3. An in-fill development area less than 5 acres.
Infiltration. BMPs shall be designed, installed, and maintained to infiltrate runoff to the maximum extent practicable in accordance with the following, except as provided in paragraphs (5) through (7), below:
1. For developments with up to forty percent connected imperviousness, one of the following shall be met:
  1. Infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 90% of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than one percent of the project site is required as an effective infiltration area.
  2. Infiltrate twenty-five percent of the post-development runoff from the two-year/twenty-four-hour design storm with a type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than one percent of the project site is required as an effective infiltration area.
2. For developments with more than 40% and up to 80% connected imperviousness one of the following shall be met:
  1. Infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least seventy-five percent of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than two percent of the project site is required as an effective infiltration area.
  2. Infiltrate ten percent of the runoff from the two-year/twenty-four-hour design storm with a type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes, and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than two percent of the project site is required as an effective infiltration area.
3. For developments with more than 80% connected imperviousness one of the following shall be met:
  1. Infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least sixty percent of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than two percent of the project site is required as an effective infiltration area.
  2. Infiltrate ten percent of the runoff from the two-year/twenty-four-hour design storm with a type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes, and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than two percent of the project site is required as an effective infiltration area.
4. Pre-development condition shall be the same as in paragraph (B).
5. 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 paragraph (7), below. Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
6. The following areas must meet more stringent standards otherwise applicable under federal or state law:
  1. Areas associated with tier 1 industrial facilities identified in Section NR 216.21(2)(a), Wis. Adm. Code, including storage, loading, rooftop and parking.
  2. Storage and loading areas of tier 2 industrial facilities identified in Section NR 216.21(2)(b), Wis. Adm. Code.
  3. Fueling and vehicle maintenance areas.
  4. Areas within 1,000 feet upgradient or within 100 feet downgradient of karst features.
  5. Areas with less than 3 feet separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock, except this subparagraph (6)(E) does not prohibit infiltration of roof runoff.
  6. Areas with runoff from industrial, commercial and institutional parking lots and roads and residential arterial roads with less than five feet separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock.
  7. Areas within four hundred feet of a community water system well as specified in Section NR 811.16(4), Wis. Adm. Code, or within one hundred feet of a private well as specified in Section NR 812.08(4), Wis. Adm. Code, for runoff infiltrated from commercial, industrial and institutional land uses or regional devices for residential development.
  8. Areas where contaminants of concern, as defined in Section NR 720.03(2), Wis. Adm. Code are present in the soil through which infiltration will occur.
  9. Any area where the soil does not exhibit one of the following soil characteristics between the bottom of the infiltration system and the seasonal high groundwater and top of bedrock: at least a three-foot soil layer with twenty percent fines or greater; or at least a five-foot soil layer with ten percent fines or greater. This does not apply where the soil medium within the infiltration system provides an equivalent level of protection. This shall not be construed to prohibit infiltration of roof runoff.
7. The following are not required to meet the requirements of this paragraph:
  1. Areas where the infiltration rate of the soil is less than 0.6 inches/hour measured at the site.
  2. Parking areas and access roads less than five thousand square feet for commercial and industrial development.
  3. Redevelopment post-construction sites.
  4. Infiltration areas during periods when the soil on the site is frozen.
  5. Roads in commercial, industrial and institutional land uses, and arterial residential roads.
  6. Where the least permeable soil horizon to 5 feet below the proposed bottom of the infiltration system using the U.S. Department of Agriculture method of soils analysis is one of the following: sandy clay loam, clay loam, silty clay loam, sandy clay, silty clay, or clay.
8. Infiltration systems designed in accordance with this paragraph 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 Chapter NR 140, Wis. Adm. Code. However, if site specific information indicates that compliance with a preventive action limit is not achievable, the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable. The requirements of this paragraph notwithstanding, the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
Protective Areas.
1. "Protective area" means an area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. However, in this paragraph, "protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location.
  1. For outstanding resource waters and exceptional resource waters, and for wetlands in areas of special natural resource interest as specified in Section NR 103.04, seventy-five feet.
  2. For perennial and intermittent streams identified on a United States geological survey seven and one-half-minute series topographic map, or a county soil survey map, whichever is more current, fifty feet.
  3. For lakes, fifty feet.
  4. For wetlands not subject to part (E) or (F), 50 feet.
  5. For highly susceptible wetlands, seventy five feet. Highly susceptible wetlands include the following types: calcareous fens, sedge meadows, open and coniferous bogs, low prairies, conifer swamps, shrub swamps, lowland hardwood swamps, ephemeral ponds, other forested wetlands, fresh wet meadows, shallow marshes, deep marshes and seasonally flooded basins. Wetland boundary delineations shall be made in accordance with Section NR 103.08(1m). This paragraph does not apply to wetlands that have been completely filled in accordance with all applicable state and federal regulations. The protective area for wetlands that have been partially filled in accordance with all applicable state and federal regulations shall be measured from the wetland boundary delineation after fill has been placed.
  6. For less susceptible wetlands, ten percent of the average wetland width, but no less than ten feet nor more than thirty feet. Less susceptible wetlands include degraded wetlands dominated by invasive species such as reed canary grass; cultivated hydric soils; and any gravel pits, or dredged material or fill material disposal sites that take on the attributes of a wetland.
  7. In preceding paragraphs (1)(A), (1)(D) and (1)(E), 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 Section NR 103.03.
  8. For concentrated flow channels with drainage areas greater than one hundred thirty acres, ten feet.
2. This paragraph applies to post-construction sites located within a protective area, except those areas expressly exempted.
3. The following requirements shall be met:
  1. Impervious surfaces shall be kept out of the protective area to the maximum extent practicable. The stormwater management plan shall contain a written site-specific explanation for any parts of the protective area that are disturbed during construction.
  2. Where land disturbing construction activity occurs within a protective area, and where no impervious surface is present, adequate sod or self-sustaining vegetative cover of seventy percent or greater shall be established and maintained. The adequate sod or self-sustaining vegetative cover shall be sufficient to provide for bank stability, maintenance of fish habitat and filtering of pollutants from upslope overland flow areas under sheet flow conditions. Nonvegetative materials, such as rock riprap, may be employed on the bank as necessary to prevent erosion, such as on steep slopes or where high velocity flows occur.
  3. Best management practices such as filter strips, swales, or wet detention basins, designed to control pollutants from non-point sources may be located in the protective area.
4. This paragraph does not apply to:
  1. Redevelopment post-construction sites.
  2. Structures that cross or access surface waters such as boat landings, bridges and culverts.
  3. Structures constructed in accordance with Section 59.692(1v), Wisconsin Statutes.
  4. Post-construction sites from which runoff does not enter the surface water, except to the extent that vegetative ground cover is necessary to maintain bank stability.
Fueling and Vehicle Maintenance Areas. Fueling and vehicle maintenance areas shall, to the maximum extent practicable, have BMPs designed, installed and maintained to reduce petroleum within runoff, such that the runoff that enters waters of the state contains no visible petroleum sheen.
Swale Treatment for Transportation Facilities.
1. Except as provided in paragraph (2) below, transportation facilities that use swales for runoff conveyance and pollutant removal meet all of the requirements of this section, if the swales are designed to the maximum extent practicable to do all of the following:
  1. Be vegetated. However, where appropriate, nonvegetative measures may be employed to prevent erosion or provide for runoff treatment, such as rock riprap stabilization or check dams.
  2. Carry runoff through a swale for two hundred feet or more in length that is designed with a flow velocity no greater than one and one-half feet per second based on a two-year, twenty-four-hour design storm. If a swale of two hundred feet in length cannot be designed with a flow velocity of one and one-half feet per second or less, then the flow velocity shall be reduced to the maximum extent practicable.
2. The city engineer may, consistent with water quality standards, require other provisions of this section be met on a transportation facility with an average daily travel of more than two thousand five hundred vehicles and where the initial surface water of the state that the runoff directly enters is any of the following:
  1. An outstanding resource water.
  2. An exceptional resource water.
  3. Waters listed in Section 303(d) of the Federal Clean Water Act that are identified as impaired in whole or in part, due to nonpoint source impacts.
  4. Waters where targeted performance standards are developed under Section NR 151.004, Wis. Adm. Code, to meet water quality standards.
Addressing Wildlife Attractants for Aviation Safety. Wet detention ponds are designed and constructed to maintain a permanent pool of water and are an attractant to Canada Geese. Preferred storm water control practices include the following design features to minimize the potential to attract Canada Geese:
1. No above ground permanent standing water or pool areas.
2. No more than 48 hours of above ground water ponding after the cessation of a rain event.
3. Turf establishment in and around the practice using high-endophyte infected tall fescue varieties of grasses.
4. Alternative storm water control practices that can typically be designed to meet the above listed criteria include biofiltration basins or swales, infiltration basins or trenches, permeable pavement, vegetated swales or filter strips, and underground detention or treatment structures.
5. If a wet detention pond must be used, the following design features should be considered:
  1. Create uniform shorelines with no irregular edges.
  2. Use long, narrow pond configurations with steep side slopes that are hard armored (e.g., rip rap).
  3. If vegetation establishment on the pond side slopes is necessary, specify high-endophyte infected tall fescue varieties of grasses. This vegetation should extend at least 15 feet upslope from the normal water level and be allowed to grow as tall (greater than 30 inches) and thick as possible.
  4. To minimize or eliminate open water areas, use shallow permanent pool depths (2 feet or less) to allow the establishment of emergent wetland vegetation.
  5. If open water areas are necessary, specify an overhead, wire grid system and/or plastic bird balls as physical barriers to the surface water.

General Considerations for On-Site and Off-Site Stormwater Management Measures. The following considerations shall be observed in managing runoff:
1. Natural topography and land cover features such as natural swales, natural depressions, native soil infiltrating capacity, and natural groundwater recharge areas shall be preserved and used, to the extent possible, to meet the requirements of this section.
2. Emergency overland flow for all stormwater facilities shall be provided to prevent exceeding the safe capacity of downstream drainage facilities and prevent endangerment of downstream property or public safety.
3. BMPs for water quantity management shall utilize the following techniques, in order of preference:
  1. Preservation of the natural features of development sites, including natural storage and infiltration characteristics;
  2. Preservation of existing natural streams, channels, and drainage ways;
  3. Minimization of new impervious surfaces;
  4. Conveyance of stormwater in open vegetated channels;
  5. Construction of structures that provide both quantity and quality control, with structures serving multiple sites being preferable to structures serving individual sites; and
  6. Construction of structures that provide only quantity control, with structures serving multiple sites being preferable to structures serving individual sites.
Location and Regional Treatment Option.
1. The BMPs may be located on-site or off-site as part of a regional stormwater device, practice or system within the same watershed.
2. Runoff within a non-navigable drainage way that flows into a BMP, such as a wet pond, is not required to meet water quality performance standards unless designed to provide treatment.
3. The discharge of runoff from a BMP, such as a wet pond, or after a series of such BMPs, is subject to this chapter.
4. 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 Wauwatosa and that contains management requirements consistent with the purpose and intent of this chapter.
  2. The off-site facility meets all of the following conditions:
    1. The facility is in place.
    2. The facility is designed and adequately sized to provide a level of stormwater control equal to or greater than that which would be afforded by on-site practices meeting the performance standards of this chapter.
    3. The facility has a legally obligated entity responsible for its long-term operation and maintenance.
5. 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.
Alternate Requirements. The city engineer may establish stormwater management requirements more stringent than those set forth in this section if the city engineer determines that an added level of protection is needed to protect sensitive resources.
Credit for Removal of Impervious Surfaces.
1. Same Site Credit. The city engineer may use the removal of pavement, covered structures or other impervious surfaces at the same property to calculate the net post construction impervious acreage and corresponding water quantity management duties. Credit may equal, but not be larger than the acreage of impervious surfaces removed when runoff release rates and detention are the best management practices utilized at the site. When best management practices with a higher order of preference are utilized in lieu of detention, equivalent credit may be granted as determined by the city engineer with the concurrence of the MMSD. Credit for reducing impervious surfaces at a site, not utilized by the development on the site, belongs to the city engineer and may be banked for allocation to other development within the watershed under subparagraph 8.b, below.
2. Dispersed Site in Same Watershed Credit. The city engineer may bank the removal of impervious surfaces, which individually must be one-half acre or more, within the same watershed, where the volume, timing and peak flow of runoff will be distributed over the critical time sufficient to assure the level of protection provided by MMSD flood abatement projects will not be reduced. The city engineer may allocate banked credit to promote a policy of smart growth. The total acreage banked or allocated, or both, shall be reported, by watershed or sub-watershed, annually to the MMSD for concurrence.

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. Any responsible party desiring a permit shall submit to the city engineer a permit application made on a form provided by the city engineer for that purpose.
  1. Unless expressly exempt, a permit application must be accompanied by a stormwater management plan, a maintenance agreement and a nonrefundable permit fee.
  2. The stormwater management plan shall be prepared to meet the requirements of Section 24.13.040G. and Section 24.13.040I., the maintenance agreement shall be prepared to meet the requirements of Section 24.13.040J., the financial guarantee shall meet the requirements of Section 24.13.040K., and fees shall be set forth in the consolidated fee schedule adopted annually by the common council.
3. Review and Approval of Permit Application. In addition to the review and approval required by other governmental bodies which may have jurisdiction over this activity, the city engineer shall review any permit application that is submitted with a stormwater management plan, maintenance agreement, and the required fee, as follows:
  1. Within fifteen business days of the receipt of a complete permit application, the city engineer shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this chapter.
  2. If the stormwater permit application, plan and maintenance agreement are approved, or if an agreed upon payment of fees in lieu of stormwater management practices is made, the city engineer shall issue the permit.
  3. If the stormwater permit application, plan or maintenance agreement is disapproved, the city engineer shall detail in writing the reasons for disapproval.
  4. The city engineer may request additional information from the applicant. If additional information is submitted, the city engineer shall have fifteen additional business days from the date the additional information is received to inform the applicant that the plan and maintenance agreement are either approved or disapproved.
4. Permit Requirements. All permits issued under this chapter shall be subject to the following conditions, and holders of permits issued under this chapter shall be deemed to have accepted these conditions. The 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 Section 24.13.040N.
  1. Compliance with this permit does not relieve the responsible party of the responsibility to comply with other applicable federal, state, and local laws and regulations.
  2. The responsible party shall design and install all structural or identify nonstructural stormwater management measures, or both, in accordance with the approved stormwater management plan and this permit.
  3. The responsible party shall notify the city engineer at least five business days before commencing any work in conjunction with the five days upon completion of the stormwater management practices. If required as a special condition under subsection 5 (below) the responsible party shall make additional notification according to a schedule set forth by the city engineer so that practice installations can be inspected during construction.
  4. Practice installations required as part of this section shall be certified "as built". 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.
  5. The responsible party shall maintain all stormwater management practices until the responsibility is transferred to any subsequent owners as specified in the approved maintenance agreement.
  6. 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 Subchapter VII of Chapter 66, Wisconsin Statutes, or to charging such costs against the financial guarantee posted under Section 24.13.040K.
  7. If so directed by the city engineer, the responsible party shall repair at the responsible party's own expense all damage to adjoining municipal facilities and drainage ways caused by runoff, where such damage is caused by activities that are not in compliance with the approved stormwater management plan.
  8. The responsible party shall permit property access to the city engineer for the purpose of inspecting the property for compliance with the approved stormwater management plan and this permit.
  9. Where site development or redevelopment involves changes in direction, increases in the peak rate or the total volume of runoff, the city engineer may require the responsible party to make appropriate legal guarantees concerning the prevention of endangerment to property or public safety.
5. Permit Conditions. Permits issued under this subsection may include reasonable and necessary conditions established by city engineer in addition to the requirements needed to meet the performance standards in Section 24.13.040G. or a financial guarantee as provided for in Section 24.13.040K.
6. Permit Duration. Permits issued under this section shall be valid from the date of issuance through the date the city engineer notifies the responsible party that all stormwater management practices have passed the required final inspection.
Stormwater Management Plan.
1. Plan Requirements. The stormwater management plan required under Section 24.13.040I. shall contain at a minimum the following information:
  1. Name, address, and telephone number for the following or their designees: landowner; developer; project engineer or appropriate licensed professional for practice design and certification; person(s) responsible for installation of stormwater management practices; and person(s) responsible for maintenance of stormwater management practices prior to the transfer, if any, of maintenance responsibility to another party.
  2. A proper legal description of the property proposed to be developed, referenced to the U.S. Public Land Survey system or to block and lot numbers within a recorded land subdivision plat.
  3. Pre-development site conditions, including:
    1. One or more site maps at a scale of not less than one inch equals two hundred 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 regional flood (the one percent probability storm event) floodplain; location of wells and wellhead protection areas covering the project area and delineated pursuant to Section 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).
  4. 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 one hundred (100) feet showing the following: post-construction pervious areas including vegetative cover type and condition; impervious surfaces including all buildings, structures, and pavement; post-construction topographic contours of the site at a scale not to exceed two (2) feet; post-construction drainage network including enough of the contiguous properties to show runoff patterns onto, through, and from the site; locations and dimensions of drainage easements; locations of maintenance easements specified in the maintenance agreement; flow path and direction for all stormwater conveyance sections; location and type of all stormwater management conveyance and treatment practices, including the on-site and off-site tributary drainage area; location and type of conveyance system that will carry runoff from the drainage and treatment practices to the nearest adequate outlet such as a curbed street, storm drain, or natural drainage way; watershed boundaries used in hydrology and pollutant loading calculations and any changes to lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site.
    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). The plan shall include a table summarizing the drainage area, pre-project and post-project loadings and removal efficiencies for each treatment practice. If the project includes off-site drainage areas, those areas shall be incorporated into the modeling to determine treatment practice effectiveness but shall be listed separately in the table. A development cannot take credit for off-site areas and reductions without a written agreement from the off-site landowner(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.
  5. A description and installation schedule for the stormwater management practices needed to meet the performance standards in Section 24.13.040G.
  6. A maintenance plan developed for the life of each stormwater management practice including the required maintenance activities and maintenance activity schedule, which plan shall be acknowledged in writing by the owner of the property which is the subject of such plan.
  7. Cost estimates for the construction, operation, and maintenance of each stormwater management practice.
  8. Plan submittal shall include a digital version of the WinSLAMM *.mdb file(s) and a digital representation of post-construction drainage area(s) tributary to each individual treatment practice in ESRI GIS Shapefile or Geodatabase format, Autodesk AutoCAD (*.dwg), or other format approved by the City.
  9. Other information requested in writing by the city engineer to determine compliance of the proposed stormwater management measures with the provisions of this chapter.
  10. All site investigations, plans, designs, computations, and drawings shall be certified by an appropriate licensed professional 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 under Section 24.13.040G.
Maintenance Agreement.
1. Required. The maintenance agreement required under Section 24.13.040I.f. 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 or a memorandum thereof shall be filed with the Milwaukee 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. Required Provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by Section 24.13.040I.1.f.
  1. Identification of the stormwater facilities and designation of the drainage area served by the facilities shown on an exhibit.
  2. A schedule for regular inspection and maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under Section 24.13.040I.
  3. Identification of the party(s) responsible for long term maintenance of the stormwater management practices identified in the stormwater management plan required under Section 24.13.040I.
  4. Requirement that the responsible party(s) shall maintain stormwater management practices in accordance with the schedule included in paragraph b, above.
  5. An inspection form to be used by responsible party(s) while conducting routine inspections at the frequency and schedule defined in the maintenance agreement.
  6. Requirement that inspection records and documentation of maintenance activities is reported to the city engineer annually.
  7. Authorization for the city engineer, its designee and the Milwaukee Metropolitan Sewerage District 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.
  8. Agreement that the party designated under paragraph c. (above), 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.
  9. Authorization of the city engineer to perform the corrected actions identified in the inspection report if the responsible party designated under paragraph c. (above) 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 Subchapter VII of Chapter 66, Wisconsin Statutes.
Financial Guarantee.
1. Establishment. The city engineer may require the submittal of a financial guarantee, in the form of a performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantee acceptable to the city engineer and approved by the city attorney. 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:
  1. The city engineer shall release the portion of the financial guarantee established under this section, less any costs incurred by the city engineer to complete installation of practices, upon submission of "as built plans" by an appropriate licensed professional.
  2. The city engineer may make provisions for a partial pro-rata release of the financial guarantee based on the completion of various development stages.
  3. 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.
Fee Schedule. The fees referred to in other sections of this chapter shall be set forth in the consolidated fee schedule adopted annually by the common council.
Enforcement.
1. Any land disturbing construction activity or post-construction runoff initiated after the original effective date of this chapter by any person subject to the ordinance 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 of any noncomplying land disturbing construction activity or post-construction runoff. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, or additional enforcement action which may be taken. Any technique that effectively provides actual and verifiable notice may be used.
3. Upon receipt of written notification from the city engineer under subsection (2), the responsible party shall correct work that does not comply with the storm water management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the city engineer in the notice.
4. If the violations are likely to result in damage to properties, public facilities, or waters of the state, the city engineer may enter the land and take corrective actions necessary to prevent such damage. The costs incurred by the city engineer plus interest and legal costs shall be paid by the responsible party.
5. If the city engineer determines that any person is in violation of this chapter or a stormwater permit, the director may issue a notice of violation, a stop work order, a cease and desist order, or revoke the permit, or refer the noncompliance to the city attorney for civil enforcement, penalties, injunctive orders or other appropriate relief.
6. Every violation of this chapter is a public nuisance. Any person who violates this chapter shall be subject to a forfeiture of not less than ten dollars or more than two thousand dollars per offense, together with the costs of prosecution. Each day each violation continues shall constitute a separate offense.
7. 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.
8. When the city engineer determines that the holder of a permit issued pursuant to this chapter has failed to follow practices, or has failed to comply with schedules in a 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 plan. The city engineer shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to Section 24.13.040K. 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.
Appeals. The Wauwatosa Common Council hereby elects that provisions of this chapter are not governed by the procedures of Chapter 68, Wisconsin Statutes, and provides for appeals as follows:
1. Board of Zoning Appeals. The board of zoning appeals shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the city engineer in administering stormwater quality or quantity duties. The board may authorize variances that are not contrary to the public interest, and where owing to special conditions unique to the property, a literal enforcement would be an unnecessary hardship.
2. Who May Appeal. Appeals to the board of zoning appeals may be taken by any aggrieved person or by an officer, department, board, or bureau of the City of Wauwatosa affected by any decision of the city engineer.
Illicit Connections and Discharges.
1. The following definitions shall be applicable in this subsection:
  1. "Illicit connection" means any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including, but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been allowed, permitted, or approved by a government agency, prior to the adoption of this chapter.
  2. "Person" means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
  3. "Storm drain system" means publicly-owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and humanmade or altered drainage channels, reservoirs, and other drainage structures.
2. Illicit Connections and Discharges Prohibited.
  1. No person shall discharge, spill or dump substances or materials which are not entirely composed stormwater into receiving bodies of water or onto driveways, sidewalks, parking lots or other areas that drain into the storm drainage system.
  2. The construction, use, maintenance or continued existence of illicit connections to the storm drainage system is prohibited. This prohibition expressly includes, without limitation, illicit connections made prior to the adoption of this chapter, regardless of whether the connections was permissible under law or practice applicable or prevailing at the time of connection.
  3. The following activities are exempt from the provisions of this section unless found to have an adverse impact on the stormwater:
    1. Discharges authorized by a permit issued by the Wisconsin Department of Natural Resources.
    2. Discharges resulting from firefighting activities.
    3. Discharges from uncontaminated ground water, potable water source, roof drains, foundation drain and sump pump, air conditioning condensation, springs, lawn watering, individual residential car washing, water main and hydrant flushing and swimming pools if the water has been dechlorinated.
  4. Whenever the City of Wauwatosa finds a person has violated a prohibition or failed to meet a requirement of this section, the City of Wauwatosa may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
    1. The elimination of illicit connections or discharges;
    2. That violating discharges, practices, or operations shall cease and desist;
    3. The abatement or remediation of stormwater pollution or contaminated hazards and the restoration of any affected property;
    4. In the event the person fails to eliminate the illicit connects or discharge, fails to cease and desist in discharge, practices or operations in violation of this section or fails to abate or remediate the stormwater pollution or contamination hazards, that person may be subject to a forfeiture of not less than fifty dollars nor more than five hundred dollars for each offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.

HISTORY
Adopted by Ord. O-16-14 pt. I on 5/3/2016
Amended by Ord. O-16-39 pts. III—XXII on 12/6/2016
Amended by Ord. Default on 10/22/2024

O-24-30

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Wauwatosa City Zoning Code

CHAPTER 24

13 NATURAL RESOURCES

24.13.010 Floodplain Zoning

STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITLE, AND GENERAL PROVISIONS
1. Title. This section is known as the floodplain zoning ordinance of Wauwatosa, Wisconsin.
2. Authority. The floodplain zoning regulations of this section are adopted pursuant to the authority granted by Sections 62.23 and 87.30 of the Wisconsin Statutes. This ordinance is based upon the Model Ordinance prepared by the Wisconsin Department of Natural Resources on June 14, 2024.
3. Findings of Fact. Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare and tax base.
4. Purpose. This ordinance is intended to regulate floodplain development to:
  1. Protect life, health and property;
  2. Minimize expenditures of public funds for flood control projects;
  3. Minimize rescue and relief efforts undertaken at the expense of the taxpayers;
  4. Minimize business interruptions and other economic disruptions;
  5. Minimize damage to public facilities in the floodplain;
  6. Minimize the occurrence of future flood blight areas in the floodplain;
  7. Discourage the victimization of unwary land and homebuyers;
  8. Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and
  9. Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.
5. General Provisions
  1. Areas to Be Regulated. This ordinance regulates all areas of special flood hazard identified as zones A, AO, AH, A1-30, or AE on the Flood Insurance Rate Map. Additional areas identified on maps approved by the Department of Natural Resources (DNR) and local community may also be regulated under the provisions of this ordinance, where applicable.
  2. Official Maps and Revisions. Special Flood Hazard Areas (SFHA) are designated as zones A, A1-30, AE, AH, or AO on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in subd. (a) below. Additional flood hazard areas subject to regulation under this ordinance are identified on maps based on studies approved by the DNR and listed in subd. (b) below. These maps and revisions are on file in the office of the Development Department at City Hall, City of Wauwatosa.
    1. Official Maps. Based on the Flood Insurance Study (FIS)
      1. Flood Insurance Rate Map (FIRM), panel number 55079C0052F, 55079C0056F, 55079C0058F, 55079C0062F, 55079C0064F, 55079C0066F, 55079C0067F, 55079C0068F, 55079C0069F, 55079C0086F, dated 10/24/2024.
      2. Flood Insurance Study (FIS) 55079CV001B, 55079CV002B, 55079CV003B, 55079CV004B, 55079CV005B, and 55079CV006B for Milwaukee County, dated 10/24/2024.
      3. Conditional Letter of Map Revision FEMA Case No. 21-05-3305R, effective April 11, 2022.
    2. Official Maps. Based on other studies. Based on other studies. Any maps referenced in this section must be approved by the DNR and be more restrictive than those based on the FIS at the site of the proposed development.
      1. Flood Storage Map T7N R21E, panel number 3, dated October 24, 2024, approved by the DNR.
  3. Establishment of Floodplain Zoning Districts. The flood hazard areas regulated by this ordinance are divided into districts as follows:
    1. The Floodway District (FW), is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters, within AE Zones as shown on the FIRM, or within A Zones shown on the FIRM when determined according to sub. E.1.e. of this ordinance.
    2. The Floodfringe District (FF) is that portion of a riverine special flood hazard area outside the floodway within AE Zones on the FIRM, or, when floodway limits have been determined according to sub. E.1.e.,
      within A Zones shown on the FIRM.
    3. The General Floodplain District (GFP) is those riverine areas that may be covered by floodwater during the regional flood in which a floodway boundary has not been delineated on the FIRM and also includes shallow flooding areas identified as AH and AO zones on the FIRM.
    4. The Flood Storage District (FSD) is that area of the floodplain where storage of floodwaters is calculated to reduce the regional flood discharge.
  4. Locating Floodplain Boundaries. Discrepancies between the exterior boundaries of zones A1-30, AE, AH, or A on the official floodplain zoning map and actual field conditions may be resolved using the criteria in sub. (1) or (2) below. If a significant difference exists, the map shall be amended according to sub. H. Amendments. The zoning administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The zoning administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined. Disputes between the zoning administrator and an applicant over the district boundary line shall be settled according to sub. G.3.c. and the criteria in (1) and (2) below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to sub. H. Amendments.
    1. If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.
    2. Where flood profiles do not exist for projects, including any boundary of zone A, AO, the location of the boundary shall be determined by the map scale.
  5. Removal of Lands from Floodplain.
    1. Compliance with the provisions of this ordinance shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to sub.H. Amendments.
    2. The delineation of any of the Floodplain Districts may be revised by the community where natural or man-made changes have occurred and/or where more detailed studies have been conducted. However, prior to any such change, approval must be obtained from the Wisconsin Department of Natural Resources and Federal Emergency Management Agency. A completed Letter of Map Revision is a record of this approval. The floodplain administrator shall not sign a community acknowledgement form unless all criteria set forth in the following paragraphs are met:
      1. The land and/or land around the structure must be filled at least two feet above the regional or base flood elevation;
      2. The fill must be contiguous to land outside the floodplain; Applicant shall obtain floodplain development permit before applying for a LOMR or LOMR-F;
    3. Removal of lands from the floodplain may also occur by operation of §87.30(1)(e), Wis. Stat. if a property owner has obtained a letter of map amendment from the federal emergency management agency under 44 C.F.R. 70.
  6. Compliance.
    1. No structure or use within areas regulated by this ordinance shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged, or altered without full compliance with the terms of these regulations and all other applicable regulations that apply to uses within the jurisdiction of these regulations.
    2. Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with sub. I..
    3. Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications, or amendments thereto if approved by the Floodplain Administrator. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with sub. I..
  7. Municipalities and State Agencies Regulated. Unless specifically exempted by law, all cities, villages, towns, counties and other governmental or quasi-governmental organizations constructing projects in the City of Wauwatosa are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if s. 13.48(13), Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when s. 30.2022, Stats., applies. Although exempt from a local zoning permit and permit fees, DOT must provide sufficient project documentation and analysis to ensure that the community is in compliance with Federal, State, and local floodplain standards. If a local transportation project is located within a Zone A floodplain and is not a WisDOT project under s. 30.2022, then the road project design documents (including appropriate detailed plans and profiles) may be sufficient to meet the requirements for issuance of a local floodplain permit if the following apply: The applicant provides documentation to the Floodplain Administrator that the proposed project is a culvert replacement or bridge replacement under 20’ span at the same location, the project is exempt from a DNR permit under s. 30.123(6)(d), the capacity is not decreased, the top road grade is not raised, and no floodway data is available from a federal, state, or other source. If floodway data is available in the impacted area from a federal, state, or other source that existing data must be utilized by the applicant in the analysis of the project site.
  8. Abrogation and Greater Restrictions.
    1. This ordinance supersedes all the provisions of any prior zoning ordinance enacted under s. 62.23 or s. 87.30, Stats., which relate to floodplains.
    2. This ordinance is not intended to repeal, abrogate, or impair any existing deed restrictions, covenants, or easements. If this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.
  9. Interpretation. In their interpretation and application, the provisions of this ordinance are the minimum requirements liberally construed in favor of the City and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this ordinance, required by ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance.
  10. Warning and Disclaimer of Liability. The flood protection standards in this ordinance are based on engineering experience and research. Larger floods may occur, or the flood height may be increased by man made or natural causes. This ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This ordinance does not create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this ordinance.
  11. Severability. Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.
GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS
1. The City shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding and assure that all necessary permits have been received from those governmental agencies whose approval is required by federal or state law.
  1. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall:
    1. be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
    2. be constructed with flood-resistant materials;
    3. be constructed by methods and practices that minimize flood damages; and
    4. mechanical and utility equipment must be elevated to or above the flood protection elevation.
  2. If a subdivision or other proposed new development is in a flood-prone area, the City shall assure that:
    1. such proposed subdivision or other proposed new development is consistent with the need to minimize flood damage within the flood-prone area;
    2. public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and
    3. adequate drainage is provided to reduce exposure to flood hazards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this ordinance and all other requirements in sub. H.1.b..
2. Hydraulic And Hydrologic Analyses
  1. No floodplain development shall:
    1. Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or
    2. Cause any increase in the regional flood height due to floodplain storage area lost.
  2. The zoning administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of sub. H. Amendments are met.
3. Watercourse Alterations.
  1. No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of sub. B.1 must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained.
  2. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to sub. H. Amendments, the community shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.
4. Chapter 30, 31, Wis. Stats., Development. Development which requires a permit from the Department, under chs. 30 and 31, Stats., such as docks, piers, wharves, bridges, culverts, dams, and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to sub. H. Amendments.
FLOODWAY DISTRICT (FW)
1. Applicability. This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to sub. E.1.e. of this ordinance.
2. Uses Permitted in Floodway District. The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if they are not prohibited by any other ordinance; they meet the standards in sub. C.3 and C.4; and all permits or certificates have been issued according to sub. G.1.
  1. Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture, and wild crop harvesting.
  2. Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.
  3. Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap, and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of sub. C.3.d.
  4. Uses or structures accessory to open space uses or classified as historic structures that comply with sub. C.3 and C.4.
  5. Extraction of sand, gravel or other materials that comply with s. C.3.d.
  6. Functionally water dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with chs. 30 and 31, Stats.
  7. Public utilities, streets and bridges that comply with s. C.3.c.
  8. Portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code.
  9. Wastewater treatment ponds or facilities permitted under s. NR 110.15(3)(b), Wis. Adm. Code.
  10. Sanitary sewer or water supply lines to service existing or proposed development located outside the floodway that complies with the regulations for the floodplain area occupied.
3. Standards For Development In The Floodway.
  1. General
    1. Any development in the floodway shall comply with sub. B. and have a low flood damage potential.
    2. Applicants shall provide an analysis calculating the effects of this proposal on the regional flood height to determine the effects of the proposal according to sub. B.1 and G.1.b.(2). The analysis must be completed by a registered professional engineer in the state of Wisconsin.
    3. Any encroachment in the regulatory floodway is prohibited unless the data submitted for sub. C.3.a.(b) above demonstrates that the encroachment will cause no increase in flood elevations in flood events up to the base flood at any location or removes the encroached area from the regulatory floodway as provided in sub. A.5.e.
  2. Structures. Structures accessory to permanent open space uses, including utility and sanitary facilities, or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:
    1. Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage;
    2. Shall either have the lowest floor elevated to or above the flood protection elevation or shall meet all the following standards:
      1. Have the lowest floor elevated to or above the regional flood elevation and be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and completely dry to the flood protection elevation without human intervention during flooding;
      2. Have structural components capable of meeting all provisions of sub. C.3.b.(8) and;
      3. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Sub. C.3.b.(8).
    3. Must be anchored to resist flotation, collapse, and lateral movement;
    4. Mechanical and utility equipment must be elevated to or above the flood protection elevation; and
    5. Must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood.
    6. For a structure designed to allow the automatic entry of floodwaters below the Regional Flood Elevation, the applicant shall submit a plan that meets sub. C.3.b.(1) through C.3.b.(5) and meets or exceeds the following standards:
      1. The lowest floor must be elevated to or above the regional flood elevation;
      2. a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
      3. the bottom of all openings shall be no higher than one foot above the lowest adjacent grade; openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters, otherwise must remain open.
      4. The use must be limited to parking, building access or limited storage.
    7. Certification: Whenever floodproofing measures are required, a registered professional engineer or architect shall certify that the following floodproofing measures will be utilized, where appropriate, and are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regional flood:
      1. Reinforcement of floors and walls to resist rupture, collapse, or lateral movement caused by water pressures or debris buildup;
      2. Construction of wells, water supply systems and waste treatment systems so as to prevent the entrance of flood waters in such systems and must be in accordance with provisions in sub. C.4.d and C.4.e;
      3. Subsurface drainage systems to relieve external pressures on foundation walls and basement floors;
      4. Cutoff valves on sewer lines or the elimination of gravity flow basement drains; and
      5. Placement of utilities to or above the flood protection elevation.
  3. Public Utilities, Streets And Bridges. Public utilities, streets and bridges may be allowed by permit, if:
    1. Adequate floodproofing measures are provided to the flood protection elevation; and
    2. Construction meets the development standards of sub. B.1.
  4. Fills Or Deposition Of Materials. Fills or deposition of materials may be allowed by permit, if:
    1. The requirements of sub. B.1 are met;
    2. No material is deposited in navigable waters unless a permit is issued by the Department pursuant to ch. 30, Stats., and a permit pursuant to s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and all other requirements have been met;
    3. The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and
    4. The fill is not classified as a solid or hazardous material.
4. Prohibited Uses. All uses not listed as being permitted in sub. C.2 are prohibited, including the following uses:
  1. Habitable structures, structures with high flood damage potential, or those not associated with permanent open space uses;
  2. Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;
  3. Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
  4. Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and ch. SPS 383, Wis. Adm. Code;
  5. Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code;
  6. Any solid or hazardous waste disposal sites;
  7. Any wastewater treatment ponds or facilities, except those permitted under s. NR 110.15(3)(b), Wis. Adm. Code; and
  8. Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.
FLOODFRINGE DISTRICT (FF)
1. Applicability. This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to sub. E.1.e. of this ordinance.
2. Uses Permitted in the Floodfringe District. Any structure, land use, or development is allowed in the Floodfringe District if the standards in sub. D.3 are met, the use is not prohibited by this, or any other ordinance or regulation and all permits or certificates specified in sub. G.1 have been issued.
3. Standards for Development in the Floodfringe District. Sub. B. shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of sub. F. Nonconforming Uses;
  1. Residential Uses. Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe, shall meet or exceed the following standards;
    1. All new construction, including placement of manufactured homes, and substantial improvement of residential structures, shall have the lowest floor elevated to or above the flood protection elevation on fill. The fill around the structure shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. No area may be removed from the floodfringe district unless it can be shown to meet sub. A.5.e.
    2. Notwithstanding sub. D.3.a.(1), a basement or crawlspace floor may be placed at one foot above the regional flood elevation if the basement or crawlspace is designed to make all portions of the structure below the flood protection elevation watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. No floor of any kind is allowed below the regional flood elevation;
    3. Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in sub. (4).
    4. In developments where existing street or sewer line elevations make compliance with sub. (3) impractical, the municipality may permit new development and substantial improvements where roads are below the regional flood elevation, if:
      1. The municipality has written assurance from police, fire and emergency services that rescue, and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or
      2. The municipality has a DNR-approved emergency evacuation plan that follows acceptable hazard mitigation planning guidelines.
  2. Accessory Structures or Uses. In addition to sub. B, new construction and substantial improvements of Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation.
  3. Commercial Uses. In addition to sub. B, any commercial structure which is erected, altered, or moved into the floodfringe shall meet the requirements of sub. D.3.a. Subject to the requirements of sub. D.3.e., storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
  4. Manufacturing and Insustrial Uses. In addition to sub. B., any manufacturing or industrial structure which is erected, altered, or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in sub. G.5. Subject to the requirements of sub. D.3.e., storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
  5. Storage of Materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish, or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with sub. G.5. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.
  6. Public Utilities, Streets and Bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and
    1. When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with sub. G.5.
    2. Minor roads or non-essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.
  7. Sewage Systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of flood water into the system, pursuant to sub. G.5.c., to the flood protection elevation and meet the provisions of all local ordinances and ch. SPS 383, Wis. Adm. Code.
  8. Wells. All wells shall be designed to minimize or eliminate infiltration of flood waters into the system, pursuant to sub. G.5.c, to the flood protection elevation and shall meet the provisions of chs. NR 811 and NR 812, Wis. Adm. Code.
  9. Solid Waste Disposal Sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.
  10. Deposition of Materials. Any deposited material must meet all the provisions of this ordinance.
OTHER FLOODPLAIN DISTRICTS
1. General Floodplain District (GFP)
  1. Applicability . The provisions for the General Floodplain District shall apply to development in all floodplains mapped as A, AO, AH, and in AE zones within which a floodway is not delineated on the Flood Insurance Rate Maps identified in sub. A.5.b.(1).
  2. Floodway Boundaries. For proposed development in zone A, or in zone AE within which a floodway is not delineated on the Flood Insurance Rate Map identified in sub. A.5.b.(1), the boundaries of the regulatory floodway shall be determined pursuant to sub. E.1.e. . If the development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of sub. C. If the development is located entirely within the floodfringe, the development is subject to the standards of sub. D.
  3. Uses Permitted in the General Floodplain District. Pursuant to sub. E.1.e. of this ordinance, it shall be determined whether the proposed use is located within the floodway or floodfringe. Those uses permitted in the Floodway (sub. C.2) and Floodfringe (sub. D.2) Districts are allowed within the General Floodplain District, according to the standards of sub. E.1.d. of this ordinance provided that all permits or certificates required under sub. G.1. have been issued.
  4. Standards For Development In The General Floodplain District. Subsection C. applies to floodway areas, determined to pursuant to sub. E.1.e; Subsection D.applies to floodfringe areas, determined to pursuant to sub. E.1.e.
    1. New construction and substantial improvement of structures in zone AO shall have the lowest floor, including basement, elevated:
      1. To one foot above the depth, in feet, as shown on the FIRM above the highest adjacent natural grade; or
      2. If the depth is not specified on the FIRM, three (3) feet above the highest adjacent natural grade or higher.
    2. New Construction and substantial improvement of structures in zone AH shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
    3. In AO/AH zones, provide adequate drainage paths to guide floodwaters around structures.
    4. All development in zones AO and zone AH shall meet the requirements of sub. D. applicable to flood fringe areas.
  5. Determining Floodway And Floodfringe Limits. Upon receiving an application for development within zone A, or within zone AE where a floodway has not been delineated on the Flood Insurance Rate Maps, the zoning administrator shall:
    1. Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and flood proofing measures and the flood zone as shown on the FIRM.
    2. Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries.
      1. A Hydrologic and Hydraulic Study as specified in sub. G.1.b(3).
      2. Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location, and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information.
      3. Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities
2. Flood Storage District. The flood storage district delineates that portion of the floodplain where storage of floodwaters has been taken into account and is relied upon to reduce the regional flood discharge. The district protects the flood storage areas and assures that any development in the storage areas will not decrease the effective flood storage capacity which would cause higher flood elevations.
  1. Applicability. The provisions of this section apply to all areas within the Flood Storage District (FSD), as shown on the official floodplain zoning maps.
  2. Uses Permitted in the Flood Storage District. Any use or development which occurs in a flood storage district must meet the applicable requirements in sub. D.3.
  3. Standards For Development In Flood Storage Districts
    1. Development in a flood storage district shall not cause an increase equal or greater than 0.00 of a foot in the height of the regional flood.
    2. No development shall be allowed which removes flood storage volume unless an equal volume of storage as defined by the pre-development ground surface and the regional flood elevation shall be provided in the immediate area of the proposed development to compensate for the volume of storage, which is lost, (compensatory storage). Excavation below the groundwater table is not considered to provide an equal volume of storage.
    3. If compensatory storage cannot be provided, the area may not be developed unless the entire area zoned as flood storage district – on this waterway – is rezoned to the floodfringe district. This must include a revision to the floodplain study and map done for the waterway to revert to the higher regional flood discharge calculated without floodplain storage, as per sub. H. Amendments of this ordinance.
    4. No area may be removed from the flood storage district unless it can be shown that the area has been filled to the flood protection elevation and is contiguous to other lands lying outside of the floodplain.
NONCONFORMING USES
1. General
  1. Applicability
    1. The standards in this section shall apply to all uses and buildings that do not conform to the provisions contained within a floodplain zoning ordinance or with s. 87.30, Stats. and §§ NR 116.12-14, Wis. Adm. Code and 44 CFR 59-72., these standards shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this ordinance or any amendment thereto. A party asserting existence of a lawfully established nonconforming use or structure has the burden of proving that the use or structure was compliant with the floodplain zoning ordinance in effect at the time the use or structure was created.
    2. As permit applications are received for additions, modifications, or substantial improvements to nonconforming buildings in the floodplain, municipalities shall develop a list of those nonconforming buildings, their present equalized assessed value, and a list of the costs of those activities associated with changes to those buildings.
  2. The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this ordinance may continue subject to the following conditions:
    1. No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this ordinance. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification; this includes painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance. The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification, or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure.
    2. If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this ordinance;
    3. The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent;
    4. No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with sub. D.3.a. The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this paragraph;
    5. No maintenance on a per event basis to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with sub. D.3.a. Maintenance to any nonconforming structure, which does not exceed 50% of its present equalized assessed value on a per event basis, does not count against the cumulative calculations over the life of the structure for substantial improvement calculations.
    6. If on a per event basis the total value of the work being done under (4) and (5) equals or exceeds 50% of the present equalized assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with sub. D.3.a.
    7. Except as provided in sub. (8), if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed, or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50% of the structure’s present equalized assessed value.
    8. For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the following minimum requirements are met, and all required permits have been granted prior to the start of construction:
      1. Residential Structures
        Shall have the lowest floor, including basement, elevated to one foot above the base flood elevation using fill, pilings, columns, posts, or perimeter walls. Perimeter walls must meet the requirements of sub. G.5.b.
        Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, and shall be constructed with methods and materials resistant to flood damage.
        Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
        In A Zones, obtain, review, and utilize any flood data available from a federal, state or other source.
        In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in sub. E.1.d.
        in AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.
      2. Nonresidential Structures
        Shall meet the requirements of sub. F.1.b.(2)(H)(a)A. through F. Fnbsp;
        Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in sub. G.5.a. or b.
        In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in sub. E.1.d.
  3. A nonconforming historic structure may be altered if the alteration will not preclude the structure’s continued designation as a historic structure, the alteration will comply with sub. C.3.a, flood resistant materials are used, and construction practices and floodproofing methods that comply with sub. G.5 are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of sub. F.1 .b.(8)(A) if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure.
  4. Notwithstanding anything in this chapter to the contrary, modifications, additions, maintenance, and repairs to a nonconforming building shall not be prohibited based on cost and the building’s nonconforming use shall be permitted to continue if:
    1. Any living quarters in the nonconforming building are elevated to be at or above the flood protection elevation;
    2. The lowest floor of the nonconforming building, including the basement, is elevated to one foot above the regional flood elevation;
    3. The nonconforming building is permanently changed to conform to the applicable requirements of subsection B;
    4. If the nonconforming building is in the floodway, the building is permanently changed to conform to the applicable requirements of sub. C.3.a., C.3.3.b(2) through (5), C.3.c, C.3.d, and F.2. Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure’s 3-D building envelope must determine the floodway in accordance with sub. E.1.e. If the encroachment is in the floodway, it must meet the standards in sub C.3.d.
    5. If the nonconforming building is in the floodfringe, the building is permanently changed to conform to the applicable requirements of sub. D.3 and F.36F3;
    6. Repair or reconstruction of nonconforming structures and substantial improvements of residential buildings in zones A1-30, AE, and AH must have the lowest floor (including basement) elevated to one foot above the base flood elevation;
    7. Repair or reconstruction of nonconforming structures and substantial improvements of non-residential buildings in zones A1-30, AE, and AH must have the lowest floor (including basement) elevated to or above the base flood elevation, or (together with attendant utility and sanitary facilities) be designed so that below the base flood elevation the building is watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy:
      1. Where a non-residential structure is intended to be made watertight below the base flood elevation, a registered professional engineer or architect must develop and/or review structural design, specifications, and plans for the construction, and must certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of sub. F.1.d.(7) above.
      2. The community must maintain a record of such certification including the specific elevation to which each such structure is floodproofed;
    8. Fully enclosed areas below the lowest floor of repair or reconstruction of nonconforming structures and substantial improvements in zones A1-30, AE, and AH that are usable solely for parking of vehicles, building access, or storage, must be designed to adequately equalize hydrostatic forces on exterior walls by allowing for the entry and exit of floodwaters. Subsequent improvements to repaired or reconstructed nonconforming structures must not increase the degree of their nonconformity. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet the following criteria:
      1. A minimum of two openings into each enclosed area must be located below the base flood elevation and provide a total net area of not less than one square inch for every square foot of enclosed area.
      2. The bottom of all openings must be no higher than one foot above the adjacent grade.
      3. Openings may be equipped with screens, louvers, valves, or other coverings if they permit the automatic entry and exit of floodwaters;
    9. Manufactured homes that are placed or substantially improved within zones A1-30, AE, and AH outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of flood, must be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot above the base flood elevation, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement;
    10. Manufactured homes that are placed or substantially improved within zones A1-30, AE, and AH on existing sites in an existing manufactured home park that is not undergoing expansion and on which a manufactured home has not incurred substantial damage as a result of flood must be elevated so that either the lowest floor of the manufactured home is at one foot above the base flood elevation, or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement;
    11. Recreational vehicles placed on sites within zones A1-30, AH, and AE must either:
      1. Be on site for fewer than 180 consecutive days; or
      2. Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or
      3. Meet the elevation and anchoring requirements for manufactured homes in sub. F.1.d.(9) above;
    12. In a regulatory floodway that has been delineated on the FIRM in zone A1-30 or AE, encroachments, including repair or reconstruction of nonconforming structures, substantial improvement, or other development (including fill) must be prohibited unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;
    13. In zone A, the community must obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring repair or reconstruction of nonconforming structures, substantial improvement, and other development to meet sub. F.1.d.(6) through (12) (inclusive) above. Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure’s 3-D building envelope must determine the floodway in accordance with sub. E..1.e. If the encroachment is in the floodway, it must meet the standards in sub. C.3.d. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;
    14. In zones A1-30 or AE where a regulatory floodway has not been delineated on the FIRM, repair or reconstruction of nonconforming structures, substantial improvement, or any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure’s 3-D building envelope must determine the floodway in accordance with sub. E.1.e. If the encroachment is in the floodway, it must meet the standards in sub. C.3.d. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;
    15. In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of residential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one foot more than the depth number specified in feet on the FIRM (at least three feet if no depth number is specified). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity; or
    16. In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of nonresidential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified), or (together with attendant utility and sanitary facilities) be structurally dry-floodproofed to that level according to the standard specified in s. 6.1(4)(g) above. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity.
2. Floodway District
  1. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the Floodway District, unless such modification or addition:
    1. Has been granted a permit or variance which meets all ordinance requirements;
    2. Meets the requirements of sub. F.1;
    3. Shall not increase the obstruction to flood flows or regional flood height;
    4. Any addition to the existing structure shall be floodproofed, pursuant to sub. G.5, by means other than the use of fill, to the flood protection elevation; and,
    5. If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
      1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;
      2. The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
      3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
      4. The use must be limited to parking, building access or limited storage.
  2. No new on site sewage disposal system, or addition to an existing on site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing on site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, sub. G.5.c. and Ch. SPS 383, Wis. Adm. Code.
  3. No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair, or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, sub. G.5.c. and chs. NR 811 and NR 812, Wis. Adm. Code.
3. Floodfringe District
  1. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality and meets the requirements of sub. D.3 except where sub. F.3.b. is applicable.
  2. Where compliance with the provisions of sub. a. would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Adjustment/Appeals, using the procedures established in sub. G.3, may grant a variance from those provisions of sub. a. for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:
    1. No floor is allowed below the regional flood elevation for residential or commercial structures;
    2. Human lives are not endangered;
    3. Public facilities, such as water or sewer, shall not be installed;
    4. Flood depths shall not exceed two feet;
    5. Flood velocities shall not exceed two feet per second; and
    6. The structure shall not be used for storage of materials as described in sub. D.3.e.
  3. All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances, sub. G.5.c and ch. SPS 383, Wis. Adm. Code.
  4. All new wells, or addition to, replacement, repair, or maintenance of a well shall meet the applicable provisions of this ordinance, sub. G.5.c. and ch. NR 811 and NR 812, Wis. Adm. Code.
4. Flood Storage District No modifications or additions shall be allowed to any nonconforming structure in a flood storage area unless the standards outlined in sub. E.2.c. are met.
ADMINISTRATION
1. Zoning Administrator
  1. Duties and Powers. Development Director. The city's development director, or that person's designee, serves as zoning administrator for purpose of this section. Different individuals or offices may be designated for different purposes under this ordinance. The zoning administrator is responsible for administering the regulations of this section. In carrying out these responsibilities, the zoning administrator has the following powers and duties:
    1. Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications.
    2. Issue permits and inspect properties for compliance with provisions of this ordinance and issue certificates of compliance where appropriate
    3. Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has occurred.
    4. Keep records of all official actions such as:
      1. All permits issued, inspections made, and work approved;
      2. Documentation of certified lowest floor and regional flood elevations;
      3. Floodproofing certificates.
      4. Water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments.
      5. All substantial damage assessment reports for floodplain structures.
      6. List of nonconforming structures and uses.
    5. Submit copies of the following items to the Department Regional office:
      1. Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments;
      2. Copies of case-by-case analyses and other required information.
      3. Copies of substantial damage assessments performed and all related correspondence concerning the assessments.
    6. Investigate, prepare reports, and report violations of this ordinance to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the Department Regional office.
    7. Submit copies of amendments to the FEMA Regional office.
  2. Floodplain Development Permit. A Floodplain Development permit shall be obtained before any development; repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the zoning administrator shall include:
    1. GENERAL INFORMATION
      1. Name and address of the applicant, property owner and contractor;
      2. Legal description, proposed use, and whether it is new construction or a modification;
    2. SITE DEVELOPMENT PLAN. A site plan drawn to scale shall be submitted with the permit application form and shall contain:
      1. Location, dimensions, area and elevation of the lot;
      2. Location of the ordinary highwater mark of any abutting navigable waterways;
      3. Location of any structures with distances measured from the lot lines and street center lines;
      4. Location of any existing or proposed on-site sewage systems or private water supply systems;
      5. Location and elevation of existing or future access roads;
      6. Location of floodplain and floodway limits as determined from the official floodplain zoning maps;
      7. The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study – either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD);
      8. Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of sub. C. or D. are met; and
      9. Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to sub. B.1. This may include any of the information noted in sub. C.3.a.
    3. HYDRAULIC AND HYDROLOGIC STUDIES TO ANALYZE DEVELOPMENT All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the State. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Department.
      1. Zone A floodplains and in AE zones within which a floodway is not delineated:
        Hydrology
        The appropriate method shall be based on the standards in ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.
        Hydraulic modeling The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following:
        determination of the required limits of the hydraulic model shall be based on detailed study information for downstream structures (dam, bridge, culvert) to determine adequate starting WSEL for the study.
        channel sections must be surveyed.
        minimum four-foot contour data in the overbanks shall be used for the development of cross section overbank and floodplain mapping.
        a maximum distance of 500 feet between cross sections is allowed in developed areas with additional intermediate cross sections required at transitions in channel bottom slope including a survey of the channel at each location.
        the most current version of HEC-RAS shall be used.
        a survey of bridge and culvert openings and the top of road is required at each structure.
        additional cross sections are required at the downstream and upstream limits of the proposed development and any necessary intermediate locations based on the length of the reach if greater than 500 feet.
        standard accepted engineering practices shall be used when assigning parameters for the base model such as flow, Manning’s N values, expansion and contraction coefficients or effective flow limits. The base model shall be calibrated to past flooding data such as high-water marks to determine the reasonableness of the model results. If no historical data is available, adequate justification shall be provided for any parameters outside standard accepted engineering practices.
        the model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to provide a tie-in to existing studies. The height difference between the proposed flood profile and the existing study profiles shall be no more than 0.00 feet.
        Mapping A work map of the reach studied shall be provided, showing all cross-section locations, floodway/floodplain limits based on best available topographic data, geographic limits of the proposed development and whether the proposed development is located in the floodway.
        If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation.
        If any part of the proposed development is in the floodway, it must be added to the base model to show the difference between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the existing model, unless adequate justification based on standard accepted engineering practices is provided.
      2. Zone AE Floodplains
        Hydrology If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.
        Hydraulic model The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following:
        Duplicate Effective Model The effective model shall be reproduced to ensure correct transference of the model data and to allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If data from the effective model is available, models shall be generated that duplicate the FIS profiles and the elevations shown in the Floodway Data Table in the FIS report to within 0.1 foot.
        Corrected Effective Model. The Corrected Effective Model shall not include any man-made physical changes since the effective model date but shall import the model into the most current version of HEC-RAS for Department review.
        Existing (Pre-Project Conditions) Model. The Existing Model shall be required to support conclusions about the actual impacts of the project associated with the Revised (Post-Project) Model or to establish more up-to-date models on which to base the Revised (Post-Project) Model.
        Revised (Post-Project Conditions) Model. The Revised (Post-Project Conditions) Model shall incorporate the Existing Model and any proposed changes to the topography caused by the proposed development. This model shall reflect proposed conditions.
        All changes to the Duplicate Effective Model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes.
        Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested. Cross sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water surface elevations and top widths computed by the revised models matching those in the effective models upstream and downstream of the revised reach as required. The Effective Model shall not be truncated.
        Mapping Maps and associated engineering data shall be submitted to the Department for review which meet the following conditions:
        Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the revised flood profiles, topographic work map, annotated FIRMs and/or Flood Boundary Floodway Maps (FBFMs), construction plans, bridge plans.
        Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable items. If a digital version of the map is available, it may be submitted in order that the FIRM may be more easily revised.
        Annotated FIRM panel showing the revised 1% and 0.2% annual chance floodplains and floodway boundaries.
        If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used, then all supporting documentation or metadata must be included with the data submission along with the Universal Transverse Mercator (UTM) projection and State Plane Coordinate System in accordance with FEMA mapping specifications.
        The revised floodplain boundaries shall tie into the effective floodplain boundaries.
        All cross sections from the effective model shall be labeled in accordance with the effective map and a cross section lookup table shall be included to relate to the model input numbering scheme.
        Both the current and proposed floodways shall be shown on the map.
        The stream centerline, or profile baseline used to measure stream distances in the model shall be visible on the map.
        EXPIRATION All permits issued under the authority of this ordinance shall expire no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause. If the permitted work has not started within 180 days of the permit date, the development must comply with any regulation, including any revision to the FIRM or FIS, that took effect after the permit date.
      3. Certificate of Compliance No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt, or replaced shall be occupied until a certificate of compliance is issued by the zoning administrator, except where no permit is required, subject to the following provisions:
        The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this ordinance;
        Application for such certificate shall be concurrent with the application for a permit;
        If all ordinance provisions are met, the certificate of compliance shall be issued within 10 days after written notification that the permitted work is completed;
        The applicant shall submit a certification signed by a registered professional engineer, architect, or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that the requirements of sub. G.5 are met.
        Where applicable pursuant to sub. E.1.d., the applicant must submit a certification by a registered professional engineer or surveyor of the elevation of the bottom of the lowest horizontal structural member supporting the lowest floor (excluding pilings or columns), and an indication of whether the structure contains a basement.
        Where applicable pursuant to sub. E.1.d., the applicant must submit certifications by a registered professional engineer or architect that the structural design and methods of construction meet accepted standards of practice as required by sub. E.1.d.
      4. Other Permits. Prior to obtaining a floodplain development permit the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the U.S. Army Corps of Engineers under s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344.
2. Zoning Agency
  1. The Development Director shall:
    1. oversee the functions of the office of the zoning administrator; and
    2. review and advise the governing body on all proposed amendments to this ordinance, maps, and text.
    3. publish adequate notice pursuant to Ch. 985, Stats., specifying the date, time, place, and subject of the public hearing.
  2. The Development Director shall not:
    1. grant variances to the terms of the ordinance in place of action by the Board of Appeals; or
    2. amend the text or zoning maps in place of official action by the governing body.
3. Board of Zoning Appeals. The Board of Zoning Appeals is hereby authorized or shall be appointed to act for the purposes of this ordinance. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business.
  1. Powers and Duties. The Board of Zoning Appeals shall:
    1. Appeals - Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this ordinance;
    2. Boundary Disputes - Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map; and
    3. Variances - Hear and decide, upon appeal, variances from the ordinance standards.
  2. Appeals to the Board.
    1. Appeals to the board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the zoning administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the board, by filing with the official whose decision is in question, and with the board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the board all records regarding the matter appealed.
    2. Notice and Hearing for Appeals including Variances.
      1. Notice - The board shall:
        Fix a reasonable time for the hearing;
        Publish adequate notice pursuant to Wisconsin Statutes, or other specified Board procedures, specifying the date, time, place, and subject of the hearing; and
        Assure that notice shall be mailed to the parties in interest and the Department Regional office at least 10 days in advance of the hearing.
      2. Hearing - Any party may appear in person or by agent. The board shall:
        Resolve boundary disputes according to sub. G.3.c;
        Decide variance applications according to sub. G.3.4; and
        Decide appeals of permit denials according to sub. G.4.
      3. Decision: The final decision regarding the appeal or variance application shall:
        Be made within a reasonable time;
        Be sent to the Department Regional office within 10 days of the decision;
        Be a written determination signed by the chairman or secretary of the Board;
        State the specific facts which are the basis for the Board's decision;
        Either affirm, reverse, vary or modify the order, requirement, decision, or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application; and
        Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings.
  3. Boundary Disputes. The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries:
    1. If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary.
    2. The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board; and
    3. If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to sub. H. Amendments.
  4. Variance.
    1. The Board may, upon appeal, grant a variance from the standards of this ordinance if an applicant convincingly demonstrates that:
      1. Literal enforcement of the ordinance will cause unnecessary hardship;
      2. The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to adjacent lots or premises. In such case the ordinance or map must be amended;
      3. The variance is not contrary to the public interest; and
      4. The variance is consistent with the purpose of this ordinance in sub. A.3.
    2. In addition to the criteria in sub. (1), to qualify for a variance under FEMA regulations, the Board must find that the following criteria have been met:
      1. The variance shall not cause any increase in the regional flood elevation;
      2. The applicant has shown good and sufficient cause for issuance of the variance;
      3. Failure to grant the variance would result in exceptional hardship;
      4. Granting the variance will not result in additional threats to public safety, extraordinary expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;
      5. The variance granted is the minimum necessary, considering the flood hazard, to afford relief.
    3. A variance shall not:
      1. Grant, extend or increase any use prohibited in the zoning district;
      2. Be granted for a hardship based solely on an economic gain or loss;
      3. Be granted for a hardship which is self-created.
      4. Damage the rights or property values of other persons in the area;
      5. Allow actions without the amendments to this ordinance or map(s) required in sub. H. Amendments; and
      6. Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.
    4. When a floodplain variance is granted, the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25.00 per $100.00 of coverage. A copy shall be maintained with the variance record.
4. Review or Appeal of Permit Denials.
  1. The Board shall review all data related to the appeal. This may include:
    1. Permit application data listed in sub. G.1.b;
    2. Floodway/floodfringe determination data in sub. E.1.e;
    3. Data listed in sub. C.3.a.(2) where the applicant has not submitted this information to the zoning administrator; and
    4. Other data submitted with the application or submitted to the Board with the appeal.
  2. For appeals of all denied permits the Board shall:
    1. Follow the procedures of sub. G.3;
    2. Consider zoning agency recommendations; and
    3. Either uphold the denial or grant the appeal.
  3. For appeals concerning increases in regional flood elevation the Board shall:
    1. Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of sub. H. Amendments; and
    2. Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase provided no other reasons for denial exist.
5. Floodproofing Standards.
  1. No permit or variance shall be issued for a non-residential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to or above the flood protection elevation and submits a FEMA Floodproofing Certificate. Floodproofing is not an alternative to the development standards in subs. B., C., D., or E.1.
  2. For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either:
    1. certified by a registered professional engineer or architect; or
    2. meeting or exceeding the following standards:
      1. a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
      2. the bottom of all openings shall be no higher than one foot above grade; and
      3. openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters
  3. Floodproofing measures shall be designed, as appropriate, to:
    1. Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;
    2. Protect structures to the flood protection elevation;
    3. Anchor structures to foundations to resist flotation and lateral movement;
    4. Minimize or eliminate infiltration of flood waters;
    5. Minimize or eliminate discharges into flood waters;
    6. Placement of essential utilities to or above the flood protection elevation; and
    7. If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
      1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;
      2. The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
      3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
      4. The use must be limited to parking, building access or limited storage.
6. Public Information.
  1. Place marks on structures to show the depth of inundation during the regional flood.
  2. All maps, engineering data and regulations shall be available and widely distributed.
  3. Real estate transfers should show what floodplain district any real property is in
AMENDMENTS
1. Obstructions or increases may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles.
2. In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles. Any such alterations must be reviewed and approved by FEMA and the DNR.
3. In A Zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain maps, floodway lines, and water surface profiles.
  1. General. The council may change or supplement the floodplain zoning district boundaries and this ordinance in the manner outlined in sub. H.3.b., below. Actions which require an amendment to the ordinance and/or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following:
    1. Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height;
    2. Any change to the floodplain boundaries and/or watercourse alterations on the FIRM;
    3. Any changes to any other officially adopted floodplain maps listed in sub. A.5.b(2);
    4. Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain;
    5. Correction of discrepancies between the water surface profiles and floodplain maps;
    6. Any upgrade to a floodplain zoning ordinance text required by s. NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality; and
    7. All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.
  2. Procedures.
    1. Ordinance amendments may be made upon petition of any party according to the provisions of s. 62.23, Stats. The petitions shall include all data required by sub. E.1.e and G.1.b. The Land Use Permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes.
      1. The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department Regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of s. 62.23, Stats.
      2. No amendments shall become effective until reviewed and approved by the Department.
      3. All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body
ENFORCEMENT AND PENALTIES. Any violation of the provisions of this ordinance by any person shall be unlawful and shall be referred to the city attorney. A violator shall, upon conviction, forfeit to the municipality a penalty of not more than $50.00 (fifty dollars), together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance, and the creation may be enjoined, and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to s. 87.30, Stats.
DEFINITIONS. Unless specifically defined, words and phrases in this ordinance shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word "may" is permissive, "shall" is mandatory and is not discretionary.
1. A ZONES – Those areas shown on the Official Floodplain Zoning Map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.
2. AH ZONE – See “AREA OF SHALLOW FLOODING”.
3. AO ZONE – See “AREA OF SHALLOW FLOODING”.
4. ACCESSORY STRUCTURE OR USE – A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building. An accessory structure shall not be used for human habitation.
5. ALTERATION – An enhancement, upgrade or substantial change or modification other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure.
6. AREA OF SHALLOW FLOODING – A designated AO, AH, AR/AO, AR/AH, or VO zone on a community’s Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow.
7. 7. BASE FLOOD – Means the flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM.
8. BASEMENT – Any enclosed area of a building having its floor sub-grade on all sides.
9. BUILDING – See STRUCTURE.
10. BULKHEAD LINE – A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to s. 30.11, Stats., and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this ordinance.
11. CAMPGROUND – Any parcel of land which is designed, maintained, intended, or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or which is advertised or represented as a camping area.
12. CAMPING UNIT – Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up truck, or tent that is fully licensed, if required, and ready for highway use.
13. CERTIFICATE OF COMPLIANCE – A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this ordinance.
14. CHANNEL – A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.
15. CRAWLWAYS or CRAWL SPACE – An enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities.
16. DECK – An unenclosed exterior structure that has no roof or sides and has a permeable floor which allows the infiltration of precipitation.
17. DEPARTMENT – The Wisconsin Department of Natural Resources.
18. DEVELOPMENT – Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.
19. DRYLAND ACCESS – A vehicular access route which is above the regional flood elevation, and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles.
20. ENCROACHMENT – Any fill, structure, equipment, use or development in the floodway.
21. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) – The federal agency that administers the National Flood Insurance Program.
22. FLOOD INSURANCE RATE MAP (FIRM) – A map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.
23. FLOOD or FLOODING – A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions: • The overflow or rise of inland waters; • The rapid accumulation or runoff of surface waters from any source; • The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or • The sudden increase caused by an unusually high-water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.
24. FLOOD FREQUENCY – The probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average once in a specified number of years or as a percent (%) chance of occurring in any given year.
25. FLOODFRINGE – That portion of the floodplain outside of the floodway which is covered by flood waters during the regional flood and associated with standing water rather than flowing water.
26. FLOOD HAZARD BOUNDARY MAP – A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate Map.
27. FLOOD INSURANCE STUDY – A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.
28. FLOODPLAIN – Land which has been or may be covered by flood water during the regional flood. It includes the floodway and the floodfringe and may include other designated floodplain areas for regulatory purposes.
29. FLOODPLAIN ISLAND – A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.
30. FLOODPLAIN MANAGEMENT – Policy and procedures to ensure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.
31. FLOOD PROFILE – A graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river.
32. FLOODPROOFING – Any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage.
33. FLOOD PROTECTION ELEVATION – An elevation of two feet of freeboard above the Regional Flood Elevation. (Also see: FREEBOARD.)
34. FLOOD STORAGE – Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.
35. FLOODWAY – The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.
36. FREEBOARD – A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed.
37. HABITABLE STRUCTURE – Any structure or portion thereof used or designed for human habitation.
38. HEARING NOTICE – Publication or posting meeting the requirements of Ch. 985, Stats. For appeals, a Class 1 notice, published once at least one week (7 days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (7 days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums.
39. HIGH FLOOD DAMAGE POTENTIAL – Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents.
40. HIGHEST ADJACENT GRADE – The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
41. HISTORIC STRUCTURE – Any structure that is either: • Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; • Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; • Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or • Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs.
42. INCREASE IN REGIONAL FLOOD HEIGHT – A calculated upward rise in the regional flood elevation greater than 0.00 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge.
43. LAND USE – Any nonstructural use made of unimproved or improved real estate. (Also see DEVELOPMENT.)
44. LOWEST ADJACENT GRADE – Elevation of the lowest ground surface that touches any of the exterior walls of a building.
45. LOWEST FLOOR – The lowest floor of the lowest enclosed area (including basement).
46. MAINTENANCE – The act or process of ordinary upkeep and repairs, including redecorating, refinishing, nonstructural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems, or structures.
47. MANUFACTURED HOME – A structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle."
48. MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION – A parcel (or contiguous parcels) of land, divided into two or more manufactured home lots for rent or sale.
49. MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING – A parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this ordinance. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads.
50. MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING – The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring of concrete pads.
51. MOBILE RECREATIONAL VEHICLE – A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles."
52. MODEL, CORRECTED EFFECTIVE – A hydraulic engineering model that corrects any errors that occur in the Duplicate Effective Model, adds any additional cross sections to the Duplicate Effective Model, or incorporates more detailed topographic information than that used in the current effective model.
53. MODEL, DUPLICATE EFFECTIVE – A copy of the hydraulic analysis used in the effective FIS and referred to as the effective model.
54. MODEL, EFFECTIVE – The hydraulic engineering model that was used to produce the current effective Flood Insurance Study.
55. MODEL, EXISTING (PRE-PROJECT) – A modification of the Duplicate Effective Model or Corrected Effective Model to reflect any man-made modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, then this model would be identical to the Corrected Effective Model or Duplicate Effective Model.
56. MODEL, REVISED (POST-PROJECT) – A modification of the Existing or Pre-Project Conditions Model, Duplicate Effective Model or Corrected Effective Model to reflect revised or post-project conditions.
57. MUNICIPALITY or MUNICIPAL – The county, city or village governmental units enacting, administering, and enforcing this zoning ordinance.
58. NAVD or NORTH AMERICAN VERTICAL DATUM – Elevations referenced to mean sea level datum, 1988 adjustment.
59. NGVD or NATIONAL GEODETIC VERTICAL DATUM – Elevations referenced to mean sea level datum, 1929 adjustment.
60. NEW CONSTRUCTION – Structures for which the start of construction commenced on or after the effective date of a floodplain zoning regulation adopted by this community and includes any subsequent improvements to such structures.
61. NON-FLOOD DISASTER – A fire or an ice storm, tornado, windstorm, mudslide, or other destructive act of nature, but excludes a flood.
62. NONCONFORMING STRUCTURE – An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this ordinance for the area of the floodplain which it occupies. (For example, an existing residential structure in the floodfringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.)
63. NONCONFORMING USE – An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this ordinance for the area of the floodplain which it occupies. (Such as a residence in the floodway.)
64. OBSTRUCTION TO FLOW – Any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height.
65. OFFICIAL FLOODPLAIN ZONING MAP – That map, adopted and made part of this ordinance, as described in s. 1.5(2), which has been approved by the Department and FEMA.
66. OPEN SPACE USE – Those uses having a relatively low flood damage potential and not involving structures.
67. ORDINARY HIGHWATER MARK – The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
68. PERSON – An individual, or group of individuals, corporation, partnership, association, municipality, or state agency.
69. PRIVATE SEWAGE SYSTEM – A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Safety and Professional Services, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure, or a system located on a different parcel than the structure.
70. PUBLIC UTILITIES – Those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer, and storm sewer.
71. REASONABLY SAFE FROM FLOODING – Means base flood waters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings.
72. REGIONAL FLOOD – A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE.
73. START OF CONSTRUCTION – The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
74. STRUCTURE – Any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lakebed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts.
75. SUBDIVISION – Has the meaning given in s. 236.02(12), Wis. Stats.
76. SUBSTANTIAL DAMAGE – Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred.
77. SUBSTANTIAL IMPROVEMENT – Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure.
78. UNNECESSARY HARDSHIP – Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height, or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance.
79. VARIANCE – An authorization by the board of adjustment or appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the floodplain zoning ordinance.
80. VIOLATION – The failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.
81. WATERSHED – The entire region contributing runoff or surface water to a watercourse or body of water.
82. WATER SURFACE PROFILE – A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.
83. WELL – means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use.

(Ord. O-14-20, pt. XIII, 8-5-2014)

HISTORY
Amended by Ord. O-16-13 pts. IV—XX on 5/3/2016
Amended by Ord. O-17-19 pts. I, II on 7/5/2017
Amended by Ord. O-24-30 on 10/1/2024

24.13.020 Wetland Zoning

Applicability. The wetland zoning regulations of this section are applicable to the adoption, administration and enforcement of city wetland controls as established under Wisconsin Statutes 62.231 and 61.351. All such wetlands in Wauwatosa exist on lands under the ownership of Milwaukee County in the park and open space, the medical center and institution and the research park zoning districts. This section applies to those wetlands of 5 acres or more as shown on the Wisconsin Wetlands Inventory, Wisconsin Department of Natural Resources, July 27, 1988, Township 7 North, Range 21 east, Milwaukee County, Wisconsin.
Conditional Uses. Conditional uses allowed in the wetland district must be regulated by the city and include the following:
1. The construction and maintenance of nonresidential buildings provided that:
  1. The building is used solely in conjunction with the raising of waterfowl, minnows or other wetland or aquatic animals, or used solely for some other purpose which is compatible with wetland preservation;
  2. The building cannot as a practical matter be located outside the wetland;
  3. The building does not exceed 500 square feet in size; and
  4. No filling, flooding, draining, dredging, ditching, tiling or excavating is done, except limited filling and excavating necessary to provide structural support for the building.
2. Temporary water level stabilization measures to alleviate abnormally wet or dry conditions which would have an adverse impact on the conduct of silvicultural activities if not corrected; and
3. The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game farms and wildlife preserves, and public boat launching ramps, provided that:
  1. No filling or excavating is done except for limited filling and excavating necessary for the development of boat launching ramps, swimming beaches or the construction of park shelters or similar structures;
  2. Any private development allowed under this section must be used exclusively for the permitted purpose; and
  3. The construction and maintenance of roads necessary for the uses permitted under this subsection may be permitted.
4. The construction and maintenance of roads which are necessary for the continuity of the city street system, necessary for the provision of essential utility and emergency services, or necessary to provide access to uses permitted under this subsection, provided that:
  1. The road cannot, as a practical matter, be located outside of the wetland;
  2. The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland;
  3. The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;
  4. Road construction activities are carried out in the immediate area of the roadbed only; and
  5. Any filling, flooding, draining, ditching, tiling or excavating that is done must be necessary for the construction or maintenance of the road.
5. The maintenance and repair of existing nonagricultural drainage ditches, where permissible under Wisconsin Statutes Section 30.20, or of other existing nonagricultural drainage systems (such as tiling) to restore preexisting levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil; provided, that the filling is permissible under Wisconsin Statutes Chapter 30, and that dredged spoil is placed on existing spoil banks where possible.
6. The construction and maintenance of electric and telephone transmission lines and water, gas and sewer distribution lines, and related facilities, provided that:
  1. Such lines cannot as a practical matter be located outside the wetland, and
  2. Any filling, excavating, ditching or drainage necessary for such construction or maintenance is done in a matter designed to minimize the adverse impact upon the natural functions of the wetland.
Public Hearings.
1. Before making a decision on an appeal or application, the board of zoning appeals must, within a reasonable period of time, hold a public hearing. The board of zoning appeals must give public notice of the hearing by publishing a Class 2 notice under Ch. 985 Stats. specifying the date, time and place of the hearing and the matters to come before the board of zoning appeals. At the public hearing, any party may present testimony in person, by agent or by attorney.
2. A copy of such notice must be mailed to the parties in interest and the appropriate district office of the department at least 10 days prior to all public hearings on issues involving shoreland-wetland zoning.
Decisions.
1. The final disposition of an appeal or application for a use permit before the board of zoning appeals must be in the form of a written decision, made within a reasonable time after the public hearing and signed by the board chairperson. Such decision must state the specific facts which are the basis of the board of zoning appeals' determination and must either affirm, reverse or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution, or grant the application for a use.
2. A copy of such decision must be mailed to the parties in interest and the appropriate district office of the department within 10 days after the decision is issued.
Amendments. The municipal governing body may alter, supplement or change the district boundaries and the regulations contained in this section in accordance with the requirements of Section 62.23(7)(d)2., Wis. Stats., NR 117. Wis. Adm. Code, and the following:
1. A copy of each proposed text or map amendment must be submitted to the appropriate district office of the department within 5 days of the submission of the proposed amendment to the municipal planning agency.
2. All proposed text and map amendments to the shoreland-wetland zoning regulations must be referred to the municipal planning agency, and a public hearing must be held after Class II notice as required by Section 62.23(7)(d)2., Wis. Stats. The appropriate district office of the department must be provided with written notice of the public hearing at least 10 days prior to such hearing.
3. In order to ensure that this section remains consistent with the shoreland protection objectives of Section 144.26, Wis. Stats. the municipal governing body may not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:
  1. Storm and flood water storage capacity;
  2. Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;
  3. Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
  4. Shoreline protection against erosion;
  5. Fish spawning, breeding, nursery or feeding grounds;
  6. Wildlife habitat; or
  7. Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.
4. Where the district office of the department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Section 24.13.020E.3, the department must notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.
5. The appropriate district office of the department must be provided with:
  1. A copy of the recommendation and report, if any, of the municipal planning agency on a proposed text or map amendment, within 10 days after the submission of those recommendations to the municipal governing body, and
  2. Written notice of the action on the proposed text or map amendment within 10 days after the action is taken.
6. If the department notifies the municipal planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Section 24.13.020E.3, that proposed amendment, if approved by the municipal governing body, does not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the department, as required by Section 24.13.020E.5.b. If within the 30-day period, the department notifies the municipality that the department intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality as provided by Sections 62.231(6) and 61.351(6), Wis. Stats. the proposed amendment does not become effective until the ordinance adoption procedure under Section 62.231(6) or 61.351(6), Wis. Stats. is completed or otherwise terminated.

24.13.030 Erosion And Sedimentation Control

Authority.
1. This section is adopted under the authority granted by Section 62.234, Wisconsin Statutes for cities. This section supersedes all provisions of a section previously enacted under Section 62.23, Wisconsin Statutes that relate to construction site erosion control. Except as otherwise specified in the Section 62.23, Wisconsin Statutes, applies to this section and to any amendments to this section.
2. The provisions of this section are deemed not to limit any other lawful regulatory powers of the City of Wauwatosa.
3. The engineering services division is authorized and directed to administer all the provisions of this section relative to plan examination and the building and safety division is directed to issue permits and enforce all of the provisions of this section.
4. The requirements of this section do not pre-empt more stringent erosion and sediment control requirements that may be imposed by any of the following:
  1. Wisconsin Department of Natural Resources administrative rules, permits or approvals including those authorized under Sections 281.16 and 283.33, Wisconsin Statutes.
  2. Targeted nonagricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under Section NR 151.004, Wis. Adm. Code.
Findings of Fact. The City of Wauwatosa finds that runoff from land disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in the City of Wauwatosa.
Purpose. It is the purpose of this section 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 Wauwatosa.
Applicability and Jurisdiction.
1. Applicability. This chapter is applicable to the following sites of land development or land disturbing activities on lands within the boundaries and jurisdiction of the City of Wauwatosa:
  1. Any land disturbing construction activity of four thousand square feet or more;
  2. Those requiring a subdivision plat approval or the construction of houses or commercial, industrial or institutional buildings on lots of approved subdivision plats;
  3. Those requiring a certified survey approval or the construction of houses or commercial, industrial or institutional building on lots of approved certified surveys;
  4. Those involving grading, removal of protective ground cover or vegetation, demolition, excavation, land filling or other land disturbing activity affecting a surface area of four thousand square feet or more;
  5. Those involving excavation or filling or a combination of excavation and filling affecting four hundred cubic yards or more of dirt, sand or other excavation or fill material;
  6. Those involving street, highway, road, or bridge construction, enlargement, relocation and reconstruction;
  7. Those involving the laying, repairing, replacing or enlarging of an underground pipe or facility for a continuous distance of three hundred feet or more; and
  8. Those involving grading, removal of protective groundcover or vegetation, excavation, demolition, landfilling or other land disturbing activity on slopes of twelve percent or more.
2. Exemptions. This chapter does not apply to the following:
  1. 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.
  2. Land disturbing construction activity that includes the construction of a building and is otherwise regulated by the Wisconsin Department of Commerce under Section 21.125 or Section 50.115, Wis. Adm. Code.
  3. A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under chapter 40, Code of Federal Regulations, part 122, for land disturbing construction activity.
  4. Nonpoint discharges from agricultural facilities and practices.
  5. Nonpoint discharges from silviculture activities.
  6. Routine maintenance for project sites under five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
  7. Activities conducted by a state agency which is subject to the state plan promulgated or a memorandum of understanding entered into under Section 281.33(2), Wisconsin Statutes.
3. Public Safety Considerations. Notwithstanding the preceding applicability and exemption statements, this chapter also applies to construction sites of any size that, in the opinion of the department of development, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
4. Exclusions. This section is not applicable to activities conducted by a state agency, as defined under § 227.01 (1), Wis. Stats.
Definitions.
1. "Administering authority" means a governmental employee, or a regional planning commission empowered under § 62.234, Wis. Stats., that is designated by the City of Wauwatosa to administer this section.
2. "Agricultural facilities and practices" has the meaning in Section 281.16(1), Wisconsin Statutes.
3. "Agricultural land use" means use of land for planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or yarding of livestock.
4. "Average annual rainfall" means a typical calendar year of precipitation as determined by the department for users of models such as SLAMM, P8, or equivalent methodology. The average annual rainfall is chosen from a department publication for the location closest to the municipality.
5. "Best management practice" or "BMP" means a practice or combination of practices to control erosion and attendant pollution, as defined in the WDNR Technical Standards.
6. "Business day" or "working day" means a day the Wauwatosa Civic Center is routinely and customarily open for business.
7. "Cease and desist order" means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit.
8. "City personnel" or "authorized personnel" means employees or agents of the City of Wauwatosa authorized to implement provisions of this section.
9. "Construction site" means an area upon which one or more land disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land disturbing construction activities may be taking place at different times on different schedules but under one plan. A long-range planning document that describes separate construction projects, such as a 20-year transportation improvement plan, is not a common plan of development.
10. "Design Storm" means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall.
11. "Division of land" means the creation from one parcel of two or more parcels or building sites of two or fewer acres each in area where such creation occurs at one time or through the successive partition within a five-year period.
12. "Erosion" means the process by which the land's surface is worn away by the action of wind, water, ice or gravity.
13. "Erosion control plan" or "erosion control plan statement" means a written description of the number, locations, size, and other pertinent information about best management practices designed to meet the requirements of this chapter.
14. "Erosion and sediment control plan" means a comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
15. "Final stabilization" means that all land disturbing construction activities at the construction site have been completed and that a uniform perennial vegetative cover has been established, with a density of at least seventy percent of the cover, for the unpaved areas and areas not covered by permanent structures, or that employ equivalent permanent stabilization measures.
16. "Land development activity" means the construction or demolition of buildings, roads, parking lots, paved storage areas and similar facilities.
17. "Land disturbing activity" means any manmade change of the land surface including removing vegetation cover, excavating, filling and grading but not including agricultural land uses such as planting, growing, cultivating and harvesting of crops; growing and tending of gardens; and harvesting of trees.
18. "Land disturbing construction activity" means any manmade alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.
19. "Landowner" means any person holding title, an easement or other interest in property which allows the person to undertake land disturbing construction activity or maintenance of storm water BMPs on the property.
20. "Land user" means any person operating, leasing, renting or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.
21. "Maximum extent practicable" or "MEP" means the highest level of performance that is achievable but is not equivalent to a performance standard identified in this section. Maximum extent practicable applies when a person who is subject to a performance standard of this section demonstrates to the Director of Public Work'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.
22. "Performance standard" means a narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
23. "Permit" means a written authorization made by the City of Wauwatosa to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.
24. "Pollutant" has the meaning given in Section 283.01(13), Wisconsin Statutes.
25. "Pollution" has the meaning given in Section 281.01(10), Wisconsin Statutes.
26. "Responsible party" means any entity holding fee title to the property or performing services to meet the performance standards of this section through a contract or other agreement.
27. "Runoff" means stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
28. "Sediment" means settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.
29. "Separate storm sewer" means a conveyance or system of conveyances including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:
  1. Is designed or used for collecting water or conveying runoff;
  2. Is not part of a combined sewer system;
  3. Is not draining to a stormwater treatment device or system; and
  4. Discharges directly or indirectly to waters of the state.
30. "Silviculture activity" means activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.
31. "Site" means the entire area included in the legal description of the parcel or other land division on which the land development or land disturbing activity is proposed in the permit application.
32. "Stabilize" means to make the site steadfast or firm, minimizing soil movement by mulching and seeding, sodding, landscaping, concrete, gravel or other measure.
33. "Stop work order" means an order issued by the director of development which requires that all construction activity on the site be stopped.
34. "Technical standard" means a document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
35. "Transportation facility" means a highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes such as harbor improvements under § 85.095(1)(b), Wis. Stats. "Transportation facility" does not include building sites for the construction of public buildings and buildings that are places of employment that are regulated by the Department pursuant to § 281.33, Wis. Stats.
36. "Waters of the state" includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.
Technical Standards.
1. Design Criteria, Standards and Specifications. All BMPs required to comply with this section shall meet the 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.
2. Other Standards. Other technical standards not identified or developed in subsection F.1., may be used provided that the methods have been approved by the city.
Performance Standards.
1. Responsible Party. The responsible party shall implement an erosion and sediment control plan, developed in accordance with Section 24.13.030H. that incorporates the requirements of this section.
2. Plan. A written plan shall be developed in accordance with Section 24.13.030H. and implemented for each construction site.
3. Erosion and Other Pollutant Control Requirements. The plan required under subsection G.2., above, shall include the following:
  1. BMPs that, by design, discharge no more than 5 tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization.
  2. No person shall be required to exceed the requirements of this paragraph. Erosion and sediment control BMPs may be used alone or in combination to meet the requirements of this paragraph. Credit toward meeting the sediment reduction shall be given for limiting the duration or area, or both, of land disturbing construction activity, or other appropriate mechanism.
  3. Notwithstanding paragraph 3.a., or 3.b., if BMPs cannot be designed and implemented to reduce the sediment load as required on an average annual basis, the plan shall include a written and site-specific explanation as to why the goal is not attainable and the sediment load shall be reduced to the maximum extent practicable.
  4. Where appropriate, the plan shall include sediment controls to do all of the following to the maximum extent practicable:
    1. Prevent tracking of sediment from the construction site onto roads and other paved surfaces. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning, to the satisfaction of the city, before the end of each workday. Flushing may not be used unless sediment will be controlled by a sediment basin or other appropriate best management practice specified in the WDNR Technical Standards.
    2. Prevent the discharge of sediment as part of site dewatering. Water pumped from the site shall be treated by sediment basins or other appropriate best management practices specified in the WDNR Technical Standards. Water may not be discharged in a manner that causes erosion of the site, adjacent sites, or receiving channels.
    3. Protect all separate storm sewers and stormwater inlet structures from receiving sediment. All stormwater inlets shall be protected with a straw bale, filter fabric, or equivalent barrier as specified in the WDNR Technical Standards.
    4. The use, storage and disposal of chemicals, cement and other compounds and materials used on the construction site shall be managed during the construction period, to prevent their entrance into waters of the state. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials, or hazardous materials) shall be properly disposed and not allowed to be carried off-site by runoff or wind. 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 paragraph.
    5. Prevent discharge of sediment from disturbed areas into adjacent waters of the state.
    6. Prevent discharge of sediment from drainage ways that flow off the site.
    7. Prevent transport by runoff into waters of the state of untreated wash water from vehicle and wheel washing.
    8. All off-site sediment deposits occurring as a result of a storm event shall be cleaned up by the end of the next work day. All other off-site sediment deposits occurring as a result of construction activities shall be cleaned up by the end of the work day.
    9. Incorporate the following preventative measures:
      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 20% or more.
      4. Development of spill prevention and response procedures.
    10. The following criteria (paragraphs (A) through (F) of this subsection) apply only to the land development or land disturbing activities that result in runoff leaving the site:
      1. Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described in subsection (C), below. Sheet flow runoff from adjacent areas greater than ten thousand square feet in area shall also be diverted around disturbed areas unless shown to have resultant runoff velocities of less than 0.5 ft./sec. across the disturbed area for the ten-year, twenty-four-hour storm as defined in the WDNR Technical Standards. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. For allowable velocities in different types of channels, soil conservation service guidelines shall be followed.
      2. All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time.
      3. Runoff from the entire disturbed area on the site shall be controlled by meeting subsection (a) and either of subsection (b) or (c), below.
        All disturbed ground left inactive for seven or more days shall be stabilized by temporary or permanent seeding, temporary or permanent seeding and mulching, sodding, covering with tarps, or equivalent best management practices. If temporary seeding is used, a permanent cover shall also be required as part of the final site stabilization. Seeding or sodding shall be required as part of the final site stabilization. Seeding or sodding shall be conducted as specified in the WDNR Technical Standards or by the board of public works. Variances from the requirements of this subparagraph may be granted by the building regulations department upon application, but only if the failure to comply is due to extended periods of rain or other construction delays beyond the control of the responsible party.
        For sites with ten or more acres disturbed at one time, or if a channel originates in the disturbed area, one or more sediment basins shall be constructed. Each sediment basin shall be designed and constructed as specified in the WDNR Technical Standards.
        For sites with less than ten acres disturbed at one time, filter fences, straw bales, or equivalent best management practices shall be placed along all sideslope and downslope sides of the site. If a channel or area of concentrated runoff passes through the site, filter fences shall be placed along the channel edges to reduce sediment reaching the channel.
      4. Sites with slopes of twelve percent or more may require additional or different controls than listed in subsection (C), above. Requirements for such slopes shall be as specified by the board of public works.
      5. Wherever possible, soil or dirt storage piles shall be located a minimum of twenty-five feet from any downslope road, lake, stream, wetland, or drainage channel. Straw bale or filter fabric fences shall be placed on the downslope side of the piles. If remaining for more than seven days, piles shall be stabilized by mulching, vegetative cover, tarps or other means. The board of public works may require additional or different best management practices for piles located closer than twenty-five feet to a road, lake, stream, wetland or drainage channel.
      6. When the disturbed area has been stabilized by permanent vegetation or other means, temporary best management practices such as filter fabric fences, straw bales, sediment and sediment traps shall be removed.
4. Location. The BMPs used to comply with this section shall be located prior to runoff entering waters of the state.
5. Implementation.
  1. Erosion and sediment control practices must be constructed or installed in accordance with the erosion control plan before land disturbing construction activities begin.
  2. Final stabilization must commence when land disturbing construction activities cease and final grade has been reached on any portion of the site.
6. Alternate Requirements. The City of Wauwatosa may establish stormwater management requirements more stringent than those set forth in this section if the City of Wauwatosa determines that an added level of protection is needed for sensitive resources.
Permits. No landowner or land user may commence a land development or land disturbing activity subject to this chapter without receiving prior approval of an erosion control plan for the site from the engineering services division and a permit from the building and safety division. At least one landowner or land user controlling or using the site and desiring to undertake a land development or land disturbing activity subject to this chapter shall submit an application for an erosion control permit and a control plan and pay a fee, as outlined in the city consolidated fee schedule. By submitting an application, the applicant is authorizing the city or other agent authorized by the city to enter the site to obtain information required for the review of the erosion control plan.
1. Plans Covering One or More Acres. Erosion control plans for land development and land disturbing activities covering one or more acres 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. Existing Site Map. A map of existing site conditions on a scale of at least one inch equals one hundred feet showing the site and immediately adjacent areas extending at least two hundred feet in each direction:
    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.
    5. Calculations to show the compliance with the performance standard in subsection G.3.a.
    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.
  2. Plan of Final Site Conditions. A plan of final site conditions on the same scale as the existing site map showing the site changes.
  3. Site Construction Plan. A site construction plan including:
    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 flood plains, 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 storm water is discharged to a surface water or wetland within one-quarter mile downstream of the construction site.
    9. Areas(s) used for infiltration of post-construction storm water runoff.
    10. An alphanumeric or equivalent grid overlying the entire construction site map.
  4. 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 engineering services division, 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 drainage ways.
    11. Installation of permanent stabilization practices as soon as possible after final grading.
    12. Minimization of dust to the maximum extent practicable.
  5. 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 non-erosive flow from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected.
2. Erosion and Sediment Control Plan Amendments. The applicant shall amend the erosion and sediment control plan if any of the following occur:
  1. There is a change in design, construction, operation or maintenance at the site which has the reasonable potential for the discharge of pollutants to waters of the state and which has not otherwise been addressed in the erosion and sediment control plan.
  2. The actions required by the erosion and sediment control plan fail to reduce the impacts of pollutants carried by construction site runoff.
  3. The engineering services division notifies the applicant of changes needed in the erosion and sediment control plan.
3. Plans Covering Less than One Acre. Erosion control plans for land development and land disturbing activities covering less than one acre must include the following information:
  1. Property boundaries and area to be disturbed;
  2. Direction of slopes before and after development;
  3. Existing and proposed buildings and other improvements;
  4. Size of upslope drainage areas;
  5. Development schedule;
  6. Best management practices necessary to meet the requirements of this chapter;
  7. Description of vegetation and other materials to be used to stabilize the site including a schedule for installation and maintenance; and
  8. Name, address and daytime telephone number of the applicant and the person responsible for maintenance of best management practices.
4. Review of Erosion Control Plans.
  1. Plans Covering One or More Acres. Within thirty working days of receipt of the application, control plan, and fee, the board of public works shall review the application and control plan to determine if the requirements of this chapter are met. The board of public works may request comments from other agencies. If the requirements of this chapter are met, the board of public works shall approve the plan, inform the applicant and approve the issuance of a permit. If the conditions are not met, the board of public works shall inform the applicants in writing and may either require needed information or disapprove the plan. Within thirty working days of receipt of needed information, the board of public works shall again determine if the plan meets the requirements of this chapter. If the plan is disapproved, the board of public works shall inform the applicant in writing of the reasons for disapproval.
  2. Plans Covering Less than One Acre. Within ten working days of receipt of the application, control plan, and fee, the building regulations department shall review the application and control plan statement to determine if requirements of this chapter are met. The building regulations department may request comments from other staff or agencies. If the requirements of this chapter are met, the building regulations department shall approve the plan, inform the applicant and issue a permit. If the conditions are not met, the building regulations department shall inform the applicant in writing and may either require needed information or disapprove the plan. Within ten working days of receipt of needed information, the building regulations department shall again determine if the plan meets the requirements of this chapter. If the plan is disapproved, the building regulations department shall inform the applicant in writing of the reasons for disapproval.
5. Erosion Control Permits.
  1. Required. No building permit or footing and foundation permit may be issued for a site subject to this section without an erosion control permit.
  2. Duration. Erosion control permits shall be valid for a period of one hundred eighty days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The building regulations department may extend the period one or more times for up to an additional one hundred eighty days. The building regulations department may require additional best management practices as a condition of the extension if they are necessary to meet the requirements of this chapter.
  3. Surety Bond. As a condition of approval and issuance of the permit, the city shall require the applicant to deposit a surety bond, irrevocable letter of credit, or cash escrow to guarantee a good faith execution of the approved erosion control plan and any permit conditions.
  4. Permit Conditions. All erosion control permits shall require the permittee to:
    1. Notify the city within two working days of commencing any land development and land disturbing activity;
    2. Notify the city of completion of any best management practices within the next working day after their installation;
    3. Obtain permission in writing from the building regulations department prior to modifying the erosion control plan;
    4. Install all best management practices as identified in the approved erosion control plan;
    5. Maintain all road drainage systems, stormwater drainage systems, best management practices and other facilities identified in the erosion control plan;
    6. Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land development or land disturbing activities;
    7. Inspect the BMPs within twenty-four hours after each rain of 0.5 inches or more which results in runoff during active construction periods, and at least once each week make needed repairs and document the findings of the inspections in a site erosion control log with the date of inspection, the name of the person conducting the inspection, and a description of the present phase of the construction at the site;
    8. Allow city personnel or other agents authorized by the city to enter the site for the purpose of inspecting compliance with the erosion control plan or for performing any work necessary to bring the site into compliance with the erosion control plan; and
    9. Keep a copy of the erosion control plan on the site.
Fee Schedule. The fees referred to in this section shall be as established by the City of Wauwatosa and outlined in the city consolidated fee schedule.
Inspection. If land disturbing construction activities are being carried out without a permit required by this section, an inspector of the City of Wauwatosa may enter the land pursuant to an inspection warrant as provided for in Sections 66.0119(1), (2), and (3), Wisconsin Statutes.
Enforcement.
1. The building and safety division may post a stop-work order if any of the following occurs:
  1. Any land disturbing construction activity regulated under this section is being undertaken without a permit.
  2. The erosion and sediment control plan is not being implemented in a good faith manner.
  3. The conditions of the permit are not being met.
2. 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 building and safety division may revoke the permit.
3. If the responsible party, where no permit has been issued, does not cease the activity after being notified by the city's building and safety division, or if a responsible party violates a stop-work order posted under subsection 1., the building and safety division may request the city attorney to obtain a cease and desist order in any court with jurisdiction.
4. The building and safety division may retract the stop-work order issued under subsection 1. or the permit revocation under subsection 2.
5. After posting a stop-work order under subsection 1., the building and safety division may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this section. The building and safety division 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 of Wauwatosa, plus interest at the rate authorized by the City of Wauwatosa 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 Subchapter VII of Chapter 66, Wisconsin Statutes.
6. Any person violating any of the provisions of this section shall be subject to a forfeiture of not less than one hundred dollars nor more than one thousand dollars and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.
7. 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 injunction proceedings.
Appeals.
1. Board of Public Works. The Board of Public Works created pursuant to Section 62.14, Wisconsin Statutes:
  1. Shall hear and decide appeals where it is alleged that there is error in any orders, requirements, decisions or interpretations made by the engineering services division or the building and safety division in administering this section except for cease and desist orders obtained under Section 24.13.030K.
  2. Upon appeal, may authorize variances from the provisions of this section which are not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of the section will result in unnecessary hardship; and
  3. Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.
2. Who May Appeal. Any person aggrieved by orders, requirements, decisions or interpretations made by the engineering services division or the building and safety division may, within fifteen days from the date of said orders, requirements, decisions or interpretations serve written notice upon the chief building official and file an application of appeal to the board of public works.
Severability.
1. If a court of competent jurisdiction judges any section, clause, provision or portion of this ordinance unconstitutional or invalid, the remainder of the ordinance shall remain in force and not be affected by such judgment.

HISTORY
Adopted by Ord. O-16-15 pt. I on 5/3/2016
Amended by Ord. O-16-39 pts. I, II on 12/6/2016

24.13.040 Stormwater Management

Authority.
1. This section is adopted by the common council under the authority granted by § 62.234, Wis. Stats. This section supersedes all provisions of an ordinance previously enacted under § 62.23, Wis. Stats., that relate to storm water management regulations. Except as otherwise specified in § 62.234, Wis. Stats., § 62.23, Wis. Stats., applies to this section and to any amendments to this section.
2. The provisions of this section are deemed not to limit any other lawful regulatory powers of the same governing body.
3. The common council hereby designates the engineering services division to administer and enforce the provisions of this section.
4. The requirements of this section do not pre-empt more stringent storm water management requirements that may be imposed by any of the following:
  1. Wisconsin Department of Natural Resources administrative rules, permits or approvals including those authorized under §§ 281.16 and 283.33, Wis. Stats.
  2. Targeted non-agricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Adm. Code.
Findings of Fact. The common council finds that uncontrolled 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. Due to capacity limitations of the stormwater and combined sewer systems in the City of Wauwatosa, reduction of stormwater runoff quantity must be of the highest high priority in the policies of the City of Wauwatosa. Specifically, uncontrolled 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, drainage ways, and other minor drainage facilities;
6. Threaten public health, safety, property and general welfare by increasing major flood peaks and volumes;
7. Undermine floodplain management efforts by increasing the incidence and levels of flooding; and
8. Aggravate excessive infiltration and inflow of water into sanitary sewer connections during peak storm events causing the conveyance system to surcharge, overflow or backup into basements.
Purpose. This chapter integrates federal and state construction post-construction site stormwater quality standards with duties to reasonably manage the quantity of water run-off for regional flood abatement. This chapter implements the Milwaukee Metropolitan Sewerage District rules on release rates for development creating more than a de minimis amount of new impervious surface, to reduce the probability of increased regional floods as the metropolitan area approaches full build-out forecast for 2050.
Applicability.
1. The water quality management requirements of this chapter apply to property development disturbing one or more acres.
2. The water quantity management requirements of this chapter apply to development that increases impervious surface by one-half or more acres.
3. A site meeting any one of the following criteria is exempt from stormwater quality requirements.
  1. A post-construction site with less than ten percent directly connected impervious area (DCIA) based on complete development of the post-construction site, provided the cumulative area of all parking lots and rooftops is less than one acre.
  2. Nonpoint discharges from agricultural facilities and practices.
  3. Nonpoint discharges from silviculture activities.
  4. Routine maintenance for project sites under five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
  5. Underground utility construction such as water, sewer and fiberoptic lines. This exemption does not apply to the construction of any above ground structures associated with utility construction.
4. Water quantity management requirements do not apply if:
  1. The development is exclusively residential, the net increase in the area of impervious surface is less than twenty percent of the area of the site; and each boundary of the site is contiguous to: sites that contain earlier development served by sanitary sewers, streets, or public water supply at the time the city receives the plans for the new development or parkland; or other public land, a utility right-of-way, or a watercourse; or,
  2. Sites where the area of post-construction impervious surface will be five percent or less of the total area of the site;
  3. Recreational trails if the trail is less than or equal to ten feet in width and has a continuous pervious buffer at least five feet wide on each side, disregarding interruption by streets, driveways, or other impervious surfaces crossing the trail.
  4. Notwithstanding the applicability requirements in paragraph (a), this chapter applies to a post-construction site of any size that, in the opinion of the city engineer, is likely to result in runoff that exceeds the capacity of the existing drainage facilities or the level of flooding protection in a watercourse that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
5. County, state and federal agencies undertaking projects within the City of Wauwatosa, in the event that such project is not otherwise subject to the provisions of this chapter, should design and incorporate best management practices for surface water quality and stormwater quantity management for new impervious surfaces. The runoff management techniques should be the same as flood abatement plans and techniques utilized elsewhere in the watershed. The lead agency preparing an environmental assessment for a federal or state project shall identify and inform the city of the mitigating runoff management techniques to prevent increases in peak flood flows from new impervious areas.
6. Persons exempted from the provision of this chapter shall, upon request, provide such reasons in writing to the engineering services division. In such submissions or exemption requests, maps and calculations of changes in impervious surface area over the entire site shall be included.
Definitions.
1. "Adequate sod, or self-sustaining vegetative cover" means maintenance of sufficient vegetation types and densities such that the physical integrity of the streambank or lakeshore is preserved. Self-sustaining vegetative cover includes grasses, forbs, sedges and duff layers of fallen leaves and woody debris.
2. "Agricultural facilities and practices" has the meaning given in § 281.16(1), Wis. Stats.
3. "Atlas 14" means the National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Precipitation-Frequency Atlas of the United States, Volume 8 (Midwestern States), published in 2013.
4. "Average annual rainfall" means a typical calendar year of precipitation as determined by the department for users of models such as SLAMM, P8, or equivalent methodology. The average annual rainfall is chosen from a department publication for the location closest to the municipality.
5. "Best management practice" or "BMP" means structural or non-structural measures, practices, techniques or devices employed to:
  1. Avoid or minimize sediment or pollutants carried in runoff to waters of the state; or
  2. Manage the rate or volume of runoff.
6. "Cease and desist order" means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the city engineer.
7. "Connected imperviousness" means an impervious surface connected to the waters of the state via a separate storm sewer, an impervious flow path, or a minimally pervious flow path.
8. "Critical time" means the period starting at the time of peak rainfall intensity with duration equal to the time of concentration of the watershed.
9. "Design storm" means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.
10. "Development" means construction of residential, commercial, industrial or institutional land uses and associated roads, including re-development.
11. "Direct conduits to groundwater" means wells, sinkholes, swallets, fractured bedrock at the surface, mine shafts, non-metallic mines, tile inlets discharging to groundwater, quarries, or depressional groundwater recharge areas over shallow fractured bedrock.
12. "City engineer" means the city engineer for the City of Wauwatosa or a designee of the city engineer.
13. "Effective infiltration area" means the area of the infiltration system that is used to infiltrate runoff and does not include the area used for site access, berms or pretreatment.
14. "Erosion" means the process by which the land's surface is worn away by the action of wind, water, ice or gravity.
15. "Exceptional resource waters" means waters listed in Section NR 102.11, Wis. Adm. Code.
16. "Existing development" means development in existence on October 1, 2004, or development for which a notice of intent to apply for a storm water permit in accordance with subch. III of ch. NR 216 was received by the Wisconsin Department of Natural Resources or the department of commerce on or before October 1, 2004.
17. "Filtering layer" means soil that has at least a 3-foot deep layer with at least 20 percent fines; or at least a 5-foot deep layer with at least 10 percent fines; or an engineered soil with an equivalent level of protection as determined by the regulatory authority for the site.
18. "Final stabilization" means that all land disturbing construction activities at the construction site have been completed and that a uniform, perennial, vegetative cover has been established, with a density of at least seventy percent of the cover, for the unpaved areas and areas not covered by permanent structures, or employment of equivalent permanent stabilization measures.
19. "Impaired water" means a waterbody impaired in whole or in part and listed by the department pursuant to 33 USC 1313 (d)(1)(A) and 40 CFR 130.7 , for not meeting a water quality standard, including a water quality standard for a specific substance or the waterbody's designated use.
20. "Impervious surface" means an area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. Rooftops, sidewalks, driveways, gravel or paved parking lots, and streets are examples of surfaces that typically are impervious.
21. "In-fill area" means an undeveloped area of land located within an existing urban sewer service area, surrounded by development or development and natural or man-made features where development cannot occur. "In-fill" does not include any undeveloped area that was part of a larger new development for which a notice of intent to apply for a storm water permit in accordance with subch. III of ch. NR 216 was required to be submitted after October 1, 2004, to the Wisconsin Department of Natural Resources or the department of commerce.
22. "Infiltration" means the entry of precipitation or runoff into or through the soil.
23. "Infiltration system" means a device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or road side channels designed for conveyance and pollutant removal only.
24. "Karst feature" means an area or surficial geologic feature subject to bedrock dissolution so that it is likely to provide a conduit to groundwater, and may include caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs, seeps or swallets.
25. "Land disturbing construction activity" means any manmade alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.
26. "Maintenance agreement" means a legal document that provides for long-term maintenance of stormwater management practices.
27. "MEP" or "maximum extent practicable" applies when a person who is subject to a performance standard specified in this section demonstrates 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, an applicant 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.
28. "New development" means development resulting from the conversion of previously undeveloped or agricultural land uses.
29. "Off-site" means located outside the property boundary described in the permit application.
30. "On-site" means located within the property boundary described in the permit application.
31. "Ordinary high-water mark" has the meaning given in Section NR 115.03(6), Wis. Adm. Code.
32. "Outstanding resource waters" means waters listed in Section NR 102.10, Wis. Adm. Code.
33. "Percent fines" means the percentage of a given sample of soil, which passes through a number two hundred sieve.
34. "Performance standard" means a narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
35. "Permit" means a written authorization made by the city engineer to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.
36. "Pervious surface" means an area that releases as runoff a small portion of the precipitation that falls on it. Lawns, gardens, parks, forests or other similar vegetated areas are examples of surfaces that typically are pervious.
37. "Pollutant" has the meaning given in Section 283.01(13), Wisconsin Statutes.
38. "Pollution" has the meaning given in Section 281.01(10), Wisconsin Statutes.
39. "Post-construction site" means a construction site following the completion of land disturbing construction activity and final site stabilization.
40. "Pre-development condition" means the extent and distribution of land cover types present before the initiation of land disturbing construction activity, assuming that all land uses prior to development activity are managed in an environmentally sound manner.
41. "Preventive action limit" has the meaning given in Section NR 140.05(17), Wis. Adm. Code.
42. "Recreational trail" means a path that is:
  1. Distinctly set apart from a roadway, street, or sidewalk;
  2. Designed for activities such as jogging, walking, hiking, bird-watching, bicycle riding, roller skating, or similar recreational activities not involving the use of motorized vehicles; and
  3. Not a sidewalk according to Section 340.01(58), Wisconsin Statutes.
43. "Regional flood" means the peak flow and peak elevation of water with a one percent probability of occurring during any one year, considering rainfall time and intensity patterns, rainfall duration, area distribution, antecedent moisture, and snow melt.
44. "Redevelopment" means new construction, modification or replacement of older development.
45. "Responsible party" means any entity holding fee title to the property or other person contracted or obligated by other agreement to implement and maintain post-construction stormwater BMPs.
46. "Runoff" means stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
47. "Separate Storm Sewer" means a conveyance or system of conveyances including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:
  1. Is designed or used for collecting water or conveying runoff.
  2. Is not part of a combined sewer system.
  3. Is not part of a publicly owned wastewater treatment works that provides secondary or more stringent treatment.
48. "Silviculture activity" means activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.
49. "Site" means the entire parcel included in the legal description of the land on which the land disturbing construction activity occurred.
50. "Stop work order" means an order issued by the city engineer which requires that all construction activity on the site be stopped.
51. "Stormwater management plan" means a comprehensive plan designed to reduce the discharge of pollutants from stormwater after the site has under gone final stabilization following completion of the construction activity.
52. "Stormwater management system plan" is a comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.
53. "Technical standard" means a document that specifies design, predicted performance and operation and specifications for a material, device or method.
54. "Time of concentration" means the time period for the furthest runoff from the outlet of a watershed to contribute to flow at the watershed outlet.
55. "Top of the channel" means an edge, or point on the landscape, landward from the ordinary high water mark of a surface water of the state, where the slope of the land begins to be less than twelve percent continually for at least fifty feet. If the slope of the land is twelve percent or less continually for the initial fifty feet, landward from the ordinary high water mark, the top of the channel is the ordinary high water mark.
56. "Total maximum daily load" or "TMDL" means the amount of pollutants specified as a function of one or more water quality parameters, that can be discharged per day into a water quality limited segment and still ensure attainment of the applicable water quality standard.
57. "TP" means total phosphorus.
58. "TP-40" means Technical Paper No. 40, Rainfall Frequency Atlas of the United States, published in 1961.
59. "TR-55" means the United States Department of Agriculture, Natural Resources Conservation Service (previously Soil Conservation Service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986.
60. "Transportation Facility" means a highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes such as harbor improvements under § 85.095(1)(b), Wis. Stats. "Transportation facility" does not include building sites for the construction of public buildings and buildings that are places of employment that are regulated by the Department pursuant to § 281.33, Wis. Stats.
61. "TSS" means total suspended solids.
62. "Type II distribution" means a rainfall type curve as established in the "United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published 1973". The Type II curve is applicable.
63. "Water quality management" means the stormwater standards and duties established under the Clean Water Act, 33 U.S.C. 1251 et seq., parallel Wisconsin laws regulating the discharge of pollutants, and implementing regulations.
64. "Water quantity management" means stormwater duties and practices to abate peak flood flows during regional storm events pursuant to Chapter 13 of the Milwaukee Metropolitan Sewerage District rules as implemented and enforced by this municipality.
65. "Waters of the State" include those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.
Technical Standards. The following methods shall be used in designing the water quality, peak flow shaving and infiltration components of stormwater practices needed to meet the requirements of this chapter:
1. 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.
3. The most recent rainfall data available from the Southeastern Wisconsin Regional Planning Commission or more protective data shall be the basis for the analyses required by this chapter.

Performance Standards.

Responsible Party. The responsible party shall implement a post-construction stormwater management plan that incorporates the requirements of this section.
Plan. A written stormwater quality and quantity management plan in accordance with Section 24.13.040I. shall be developed and implemented for each post-construction site.
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 and report total phosphorus 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.

Requirements. The stormwater quality and quantity management plan shall include the following:

Table 13.040-1. TSS Reduction Standards and TP Reporting
Development Type	TSS Reduction	TP Reduction
New Development	80 percent	Report associated reduction
In-fill development	80 percent	Report associated reduction	Report associated reduction
Redevelopment	40 percent of load from parking areas and roads

Maximum Extent Practicable. If the design cannot meet a total suspended solids reduction performance standard of Table 13.040-1, the storm water 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.
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.

Water Quantity and Management of Peak Runoff.
1. BMPs shall be utilized to manage the volume, timing, and peak flow rate of runoff to prevent increases in the regional flood and stream bank erosion rates.
2. These BMPs shall be implemented on an individual site basis.
3. For the one-year, twenty-four-hour and two-year, twenty-four-hour design storm, BMPs shall be designed to either: maintain or reduce the peak runoff discharge rates, to the maximum extent practicable, as compared to pre-development conditions or achieve a maximum runoff release rate of 0.15 cubic feet per second per acre, whichever is more stringent.
4. Pre-development conditions shall assume "good hydrologic conditions" for appropriate land covers as identified in TR-55 or an equivalent methodology. The meaning of "hydrologic soil group" and "runoff curve number" are as determined in TR-55. However, when pre-development land cover is cropland, rather than using TR-55 values for cropland, the runoff curve numbers in Table 13.040-2 shall be used. 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 engineering services division may allow the use of TP-40 precipitation depths and the Type II distribution.
  
  Table 13.040-2. qc> 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
5. For the one percent/one-hundred-year, twenty-four-hour design storm, BMPs shall be designed to achieve a runoff release rate that is less than or equal to either:
  1. 0.5 cubic feet per second per acre; or
  2. A rate determined for the individual site that distributes runoff over the critical time sufficient to comply with the regulations of this section.
6. This subsection of the section does not apply to any of the following:
  1. A post-construction site where the discharge is directly into a lake over 5,000 acres or a stream or river segment draining more than 500 square miles.
  2. Except as provided under section 16.13.040.G.3, a redevelopment post-construction site.
  3. An in-fill development area less than 5 acres.
Infiltration. BMPs shall be designed, installed, and maintained to infiltrate runoff to the maximum extent practicable in accordance with the following, except as provided in paragraphs (5) through (7), below:
1. For developments with up to forty percent connected imperviousness, one of the following shall be met:
  1. Infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 90% of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than one percent of the project site is required as an effective infiltration area.
  2. Infiltrate twenty-five percent of the post-development runoff from the two-year/twenty-four-hour design storm with a type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than one percent of the project site is required as an effective infiltration area.
2. For developments with more than 40% and up to 80% connected imperviousness one of the following shall be met:
  1. Infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least seventy-five percent of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than two percent of the project site is required as an effective infiltration area.
  2. Infiltrate ten percent of the runoff from the two-year/twenty-four-hour design storm with a type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes, and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than two percent of the project site is required as an effective infiltration area.
3. For developments with more than 80% connected imperviousness one of the following shall be met:
  1. Infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least sixty percent of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than two percent of the project site is required as an effective infiltration area.
  2. Infiltrate ten percent of the runoff from the two-year/twenty-four-hour design storm with a type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes, and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than two percent of the project site is required as an effective infiltration area.
4. Pre-development condition shall be the same as in paragraph (B).
5. 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 paragraph (7), below. Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
6. The following areas must meet more stringent standards otherwise applicable under federal or state law:
  1. Areas associated with tier 1 industrial facilities identified in Section NR 216.21(2)(a), Wis. Adm. Code, including storage, loading, rooftop and parking.
  2. Storage and loading areas of tier 2 industrial facilities identified in Section NR 216.21(2)(b), Wis. Adm. Code.
  3. Fueling and vehicle maintenance areas.
  4. Areas within 1,000 feet upgradient or within 100 feet downgradient of karst features.
  5. Areas with less than 3 feet separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock, except this subparagraph (6)(E) does not prohibit infiltration of roof runoff.
  6. Areas with runoff from industrial, commercial and institutional parking lots and roads and residential arterial roads with less than five feet separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock.
  7. Areas within four hundred feet of a community water system well as specified in Section NR 811.16(4), Wis. Adm. Code, or within one hundred feet of a private well as specified in Section NR 812.08(4), Wis. Adm. Code, for runoff infiltrated from commercial, industrial and institutional land uses or regional devices for residential development.
  8. Areas where contaminants of concern, as defined in Section NR 720.03(2), Wis. Adm. Code are present in the soil through which infiltration will occur.
  9. Any area where the soil does not exhibit one of the following soil characteristics between the bottom of the infiltration system and the seasonal high groundwater and top of bedrock: at least a three-foot soil layer with twenty percent fines or greater; or at least a five-foot soil layer with ten percent fines or greater. This does not apply where the soil medium within the infiltration system provides an equivalent level of protection. This shall not be construed to prohibit infiltration of roof runoff.
7. The following are not required to meet the requirements of this paragraph:
  1. Areas where the infiltration rate of the soil is less than 0.6 inches/hour measured at the site.
  2. Parking areas and access roads less than five thousand square feet for commercial and industrial development.
  3. Redevelopment post-construction sites.
  4. Infiltration areas during periods when the soil on the site is frozen.
  5. Roads in commercial, industrial and institutional land uses, and arterial residential roads.
  6. Where the least permeable soil horizon to 5 feet below the proposed bottom of the infiltration system using the U.S. Department of Agriculture method of soils analysis is one of the following: sandy clay loam, clay loam, silty clay loam, sandy clay, silty clay, or clay.
8. Infiltration systems designed in accordance with this paragraph 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 Chapter NR 140, Wis. Adm. Code. However, if site specific information indicates that compliance with a preventive action limit is not achievable, the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable. The requirements of this paragraph notwithstanding, the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
Protective Areas.
1. "Protective area" means an area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. However, in this paragraph, "protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location.
  1. For outstanding resource waters and exceptional resource waters, and for wetlands in areas of special natural resource interest as specified in Section NR 103.04, seventy-five feet.
  2. For perennial and intermittent streams identified on a United States geological survey seven and one-half-minute series topographic map, or a county soil survey map, whichever is more current, fifty feet.
  3. For lakes, fifty feet.
  4. For wetlands not subject to part (E) or (F), 50 feet.
  5. For highly susceptible wetlands, seventy five feet. Highly susceptible wetlands include the following types: calcareous fens, sedge meadows, open and coniferous bogs, low prairies, conifer swamps, shrub swamps, lowland hardwood swamps, ephemeral ponds, other forested wetlands, fresh wet meadows, shallow marshes, deep marshes and seasonally flooded basins. Wetland boundary delineations shall be made in accordance with Section NR 103.08(1m). This paragraph does not apply to wetlands that have been completely filled in accordance with all applicable state and federal regulations. The protective area for wetlands that have been partially filled in accordance with all applicable state and federal regulations shall be measured from the wetland boundary delineation after fill has been placed.
  6. For less susceptible wetlands, ten percent of the average wetland width, but no less than ten feet nor more than thirty feet. Less susceptible wetlands include degraded wetlands dominated by invasive species such as reed canary grass; cultivated hydric soils; and any gravel pits, or dredged material or fill material disposal sites that take on the attributes of a wetland.
  7. In preceding paragraphs (1)(A), (1)(D) and (1)(E), 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 Section NR 103.03.
  8. For concentrated flow channels with drainage areas greater than one hundred thirty acres, ten feet.
2. This paragraph applies to post-construction sites located within a protective area, except those areas expressly exempted.
3. The following requirements shall be met:
  1. Impervious surfaces shall be kept out of the protective area to the maximum extent practicable. The stormwater management plan shall contain a written site-specific explanation for any parts of the protective area that are disturbed during construction.
  2. Where land disturbing construction activity occurs within a protective area, and where no impervious surface is present, adequate sod or self-sustaining vegetative cover of seventy percent or greater shall be established and maintained. The adequate sod or self-sustaining vegetative cover shall be sufficient to provide for bank stability, maintenance of fish habitat and filtering of pollutants from upslope overland flow areas under sheet flow conditions. Nonvegetative materials, such as rock riprap, may be employed on the bank as necessary to prevent erosion, such as on steep slopes or where high velocity flows occur.
  3. Best management practices such as filter strips, swales, or wet detention basins, designed to control pollutants from non-point sources may be located in the protective area.
4. This paragraph does not apply to:
  1. Redevelopment post-construction sites.
  2. Structures that cross or access surface waters such as boat landings, bridges and culverts.
  3. Structures constructed in accordance with Section 59.692(1v), Wisconsin Statutes.
  4. Post-construction sites from which runoff does not enter the surface water, except to the extent that vegetative ground cover is necessary to maintain bank stability.
Fueling and Vehicle Maintenance Areas. Fueling and vehicle maintenance areas shall, to the maximum extent practicable, have BMPs designed, installed and maintained to reduce petroleum within runoff, such that the runoff that enters waters of the state contains no visible petroleum sheen.
Swale Treatment for Transportation Facilities.
1. Except as provided in paragraph (2) below, transportation facilities that use swales for runoff conveyance and pollutant removal meet all of the requirements of this section, if the swales are designed to the maximum extent practicable to do all of the following:
  1. Be vegetated. However, where appropriate, nonvegetative measures may be employed to prevent erosion or provide for runoff treatment, such as rock riprap stabilization or check dams.
  2. Carry runoff through a swale for two hundred feet or more in length that is designed with a flow velocity no greater than one and one-half feet per second based on a two-year, twenty-four-hour design storm. If a swale of two hundred feet in length cannot be designed with a flow velocity of one and one-half feet per second or less, then the flow velocity shall be reduced to the maximum extent practicable.
2. The city engineer may, consistent with water quality standards, require other provisions of this section be met on a transportation facility with an average daily travel of more than two thousand five hundred vehicles and where the initial surface water of the state that the runoff directly enters is any of the following:
  1. An outstanding resource water.
  2. An exceptional resource water.
  3. Waters listed in Section 303(d) of the Federal Clean Water Act that are identified as impaired in whole or in part, due to nonpoint source impacts.
  4. Waters where targeted performance standards are developed under Section NR 151.004, Wis. Adm. Code, to meet water quality standards.
Addressing Wildlife Attractants for Aviation Safety. Wet detention ponds are designed and constructed to maintain a permanent pool of water and are an attractant to Canada Geese. Preferred storm water control practices include the following design features to minimize the potential to attract Canada Geese:
1. No above ground permanent standing water or pool areas.
2. No more than 48 hours of above ground water ponding after the cessation of a rain event.
3. Turf establishment in and around the practice using high-endophyte infected tall fescue varieties of grasses.
4. Alternative storm water control practices that can typically be designed to meet the above listed criteria include biofiltration basins or swales, infiltration basins or trenches, permeable pavement, vegetated swales or filter strips, and underground detention or treatment structures.
5. If a wet detention pond must be used, the following design features should be considered:
  1. Create uniform shorelines with no irregular edges.
  2. Use long, narrow pond configurations with steep side slopes that are hard armored (e.g., rip rap).
  3. If vegetation establishment on the pond side slopes is necessary, specify high-endophyte infected tall fescue varieties of grasses. This vegetation should extend at least 15 feet upslope from the normal water level and be allowed to grow as tall (greater than 30 inches) and thick as possible.
  4. To minimize or eliminate open water areas, use shallow permanent pool depths (2 feet or less) to allow the establishment of emergent wetland vegetation.
  5. If open water areas are necessary, specify an overhead, wire grid system and/or plastic bird balls as physical barriers to the surface water.

General Considerations for On-Site and Off-Site Stormwater Management Measures. The following considerations shall be observed in managing runoff:
1. Natural topography and land cover features such as natural swales, natural depressions, native soil infiltrating capacity, and natural groundwater recharge areas shall be preserved and used, to the extent possible, to meet the requirements of this section.
2. Emergency overland flow for all stormwater facilities shall be provided to prevent exceeding the safe capacity of downstream drainage facilities and prevent endangerment of downstream property or public safety.
3. BMPs for water quantity management shall utilize the following techniques, in order of preference:
  1. Preservation of the natural features of development sites, including natural storage and infiltration characteristics;
  2. Preservation of existing natural streams, channels, and drainage ways;
  3. Minimization of new impervious surfaces;
  4. Conveyance of stormwater in open vegetated channels;
  5. Construction of structures that provide both quantity and quality control, with structures serving multiple sites being preferable to structures serving individual sites; and
  6. Construction of structures that provide only quantity control, with structures serving multiple sites being preferable to structures serving individual sites.
Location and Regional Treatment Option.
1. The BMPs may be located on-site or off-site as part of a regional stormwater device, practice or system within the same watershed.
2. Runoff within a non-navigable drainage way that flows into a BMP, such as a wet pond, is not required to meet water quality performance standards unless designed to provide treatment.
3. The discharge of runoff from a BMP, such as a wet pond, or after a series of such BMPs, is subject to this chapter.
4. 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 Wauwatosa and that contains management requirements consistent with the purpose and intent of this chapter.
  2. The off-site facility meets all of the following conditions:
    1. The facility is in place.
    2. The facility is designed and adequately sized to provide a level of stormwater control equal to or greater than that which would be afforded by on-site practices meeting the performance standards of this chapter.
    3. The facility has a legally obligated entity responsible for its long-term operation and maintenance.
5. 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.
Alternate Requirements. The city engineer may establish stormwater management requirements more stringent than those set forth in this section if the city engineer determines that an added level of protection is needed to protect sensitive resources.
Credit for Removal of Impervious Surfaces.
1. Same Site Credit. The city engineer may use the removal of pavement, covered structures or other impervious surfaces at the same property to calculate the net post construction impervious acreage and corresponding water quantity management duties. Credit may equal, but not be larger than the acreage of impervious surfaces removed when runoff release rates and detention are the best management practices utilized at the site. When best management practices with a higher order of preference are utilized in lieu of detention, equivalent credit may be granted as determined by the city engineer with the concurrence of the MMSD. Credit for reducing impervious surfaces at a site, not utilized by the development on the site, belongs to the city engineer and may be banked for allocation to other development within the watershed under subparagraph 8.b, below.
2. Dispersed Site in Same Watershed Credit. The city engineer may bank the removal of impervious surfaces, which individually must be one-half acre or more, within the same watershed, where the volume, timing and peak flow of runoff will be distributed over the critical time sufficient to assure the level of protection provided by MMSD flood abatement projects will not be reduced. The city engineer may allocate banked credit to promote a policy of smart growth. The total acreage banked or allocated, or both, shall be reported, by watershed or sub-watershed, annually to the MMSD for concurrence.

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. Any responsible party desiring a permit shall submit to the city engineer a permit application made on a form provided by the city engineer for that purpose.
  1. Unless expressly exempt, a permit application must be accompanied by a stormwater management plan, a maintenance agreement and a nonrefundable permit fee.
  2. The stormwater management plan shall be prepared to meet the requirements of Section 24.13.040G. and Section 24.13.040I., the maintenance agreement shall be prepared to meet the requirements of Section 24.13.040J., the financial guarantee shall meet the requirements of Section 24.13.040K., and fees shall be set forth in the consolidated fee schedule adopted annually by the common council.
3. Review and Approval of Permit Application. In addition to the review and approval required by other governmental bodies which may have jurisdiction over this activity, the city engineer shall review any permit application that is submitted with a stormwater management plan, maintenance agreement, and the required fee, as follows:
  1. Within fifteen business days of the receipt of a complete permit application, the city engineer shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this chapter.
  2. If the stormwater permit application, plan and maintenance agreement are approved, or if an agreed upon payment of fees in lieu of stormwater management practices is made, the city engineer shall issue the permit.
  3. If the stormwater permit application, plan or maintenance agreement is disapproved, the city engineer shall detail in writing the reasons for disapproval.
  4. The city engineer may request additional information from the applicant. If additional information is submitted, the city engineer shall have fifteen additional business days from the date the additional information is received to inform the applicant that the plan and maintenance agreement are either approved or disapproved.
4. Permit Requirements. All permits issued under this chapter shall be subject to the following conditions, and holders of permits issued under this chapter shall be deemed to have accepted these conditions. The 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 Section 24.13.040N.
  1. Compliance with this permit does not relieve the responsible party of the responsibility to comply with other applicable federal, state, and local laws and regulations.
  2. The responsible party shall design and install all structural or identify nonstructural stormwater management measures, or both, in accordance with the approved stormwater management plan and this permit.
  3. The responsible party shall notify the city engineer at least five business days before commencing any work in conjunction with the five days upon completion of the stormwater management practices. If required as a special condition under subsection 5 (below) the responsible party shall make additional notification according to a schedule set forth by the city engineer so that practice installations can be inspected during construction.
  4. Practice installations required as part of this section shall be certified "as built". 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.
  5. The responsible party shall maintain all stormwater management practices until the responsibility is transferred to any subsequent owners as specified in the approved maintenance agreement.
  6. 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 Subchapter VII of Chapter 66, Wisconsin Statutes, or to charging such costs against the financial guarantee posted under Section 24.13.040K.
  7. If so directed by the city engineer, the responsible party shall repair at the responsible party's own expense all damage to adjoining municipal facilities and drainage ways caused by runoff, where such damage is caused by activities that are not in compliance with the approved stormwater management plan.
  8. The responsible party shall permit property access to the city engineer for the purpose of inspecting the property for compliance with the approved stormwater management plan and this permit.
  9. Where site development or redevelopment involves changes in direction, increases in the peak rate or the total volume of runoff, the city engineer may require the responsible party to make appropriate legal guarantees concerning the prevention of endangerment to property or public safety.
5. Permit Conditions. Permits issued under this subsection may include reasonable and necessary conditions established by city engineer in addition to the requirements needed to meet the performance standards in Section 24.13.040G. or a financial guarantee as provided for in Section 24.13.040K.
6. Permit Duration. Permits issued under this section shall be valid from the date of issuance through the date the city engineer notifies the responsible party that all stormwater management practices have passed the required final inspection.
Stormwater Management Plan.
1. Plan Requirements. The stormwater management plan required under Section 24.13.040I. shall contain at a minimum the following information:
  1. Name, address, and telephone number for the following or their designees: landowner; developer; project engineer or appropriate licensed professional for practice design and certification; person(s) responsible for installation of stormwater management practices; and person(s) responsible for maintenance of stormwater management practices prior to the transfer, if any, of maintenance responsibility to another party.
  2. A proper legal description of the property proposed to be developed, referenced to the U.S. Public Land Survey system or to block and lot numbers within a recorded land subdivision plat.
  3. Pre-development site conditions, including:
    1. One or more site maps at a scale of not less than one inch equals two hundred 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 regional flood (the one percent probability storm event) floodplain; location of wells and wellhead protection areas covering the project area and delineated pursuant to Section 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).
  4. 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 one hundred (100) feet showing the following: post-construction pervious areas including vegetative cover type and condition; impervious surfaces including all buildings, structures, and pavement; post-construction topographic contours of the site at a scale not to exceed two (2) feet; post-construction drainage network including enough of the contiguous properties to show runoff patterns onto, through, and from the site; locations and dimensions of drainage easements; locations of maintenance easements specified in the maintenance agreement; flow path and direction for all stormwater conveyance sections; location and type of all stormwater management conveyance and treatment practices, including the on-site and off-site tributary drainage area; location and type of conveyance system that will carry runoff from the drainage and treatment practices to the nearest adequate outlet such as a curbed street, storm drain, or natural drainage way; watershed boundaries used in hydrology and pollutant loading calculations and any changes to lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site.
    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). The plan shall include a table summarizing the drainage area, pre-project and post-project loadings and removal efficiencies for each treatment practice. If the project includes off-site drainage areas, those areas shall be incorporated into the modeling to determine treatment practice effectiveness but shall be listed separately in the table. A development cannot take credit for off-site areas and reductions without a written agreement from the off-site landowner(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.
  5. A description and installation schedule for the stormwater management practices needed to meet the performance standards in Section 24.13.040G.
  6. A maintenance plan developed for the life of each stormwater management practice including the required maintenance activities and maintenance activity schedule, which plan shall be acknowledged in writing by the owner of the property which is the subject of such plan.
  7. Cost estimates for the construction, operation, and maintenance of each stormwater management practice.
  8. Plan submittal shall include a digital version of the WinSLAMM *.mdb file(s) and a digital representation of post-construction drainage area(s) tributary to each individual treatment practice in ESRI GIS Shapefile or Geodatabase format, Autodesk AutoCAD (*.dwg), or other format approved by the City.
  9. Other information requested in writing by the city engineer to determine compliance of the proposed stormwater management measures with the provisions of this chapter.
  10. All site investigations, plans, designs, computations, and drawings shall be certified by an appropriate licensed professional 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 under Section 24.13.040G.
Maintenance Agreement.
1. Required. The maintenance agreement required under Section 24.13.040I.f. 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 or a memorandum thereof shall be filed with the Milwaukee 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. Required Provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by Section 24.13.040I.1.f.
  1. Identification of the stormwater facilities and designation of the drainage area served by the facilities shown on an exhibit.
  2. A schedule for regular inspection and maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under Section 24.13.040I.
  3. Identification of the party(s) responsible for long term maintenance of the stormwater management practices identified in the stormwater management plan required under Section 24.13.040I.
  4. Requirement that the responsible party(s) shall maintain stormwater management practices in accordance with the schedule included in paragraph b, above.
  5. An inspection form to be used by responsible party(s) while conducting routine inspections at the frequency and schedule defined in the maintenance agreement.
  6. Requirement that inspection records and documentation of maintenance activities is reported to the city engineer annually.
  7. Authorization for the city engineer, its designee and the Milwaukee Metropolitan Sewerage District 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.
  8. Agreement that the party designated under paragraph c. (above), 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.
  9. Authorization of the city engineer to perform the corrected actions identified in the inspection report if the responsible party designated under paragraph c. (above) 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 Subchapter VII of Chapter 66, Wisconsin Statutes.
Financial Guarantee.
1. Establishment. The city engineer may require the submittal of a financial guarantee, in the form of a performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantee acceptable to the city engineer and approved by the city attorney. 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:
  1. The city engineer shall release the portion of the financial guarantee established under this section, less any costs incurred by the city engineer to complete installation of practices, upon submission of "as built plans" by an appropriate licensed professional.
  2. The city engineer may make provisions for a partial pro-rata release of the financial guarantee based on the completion of various development stages.
  3. 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.
Fee Schedule. The fees referred to in other sections of this chapter shall be set forth in the consolidated fee schedule adopted annually by the common council.
Enforcement.
1. Any land disturbing construction activity or post-construction runoff initiated after the original effective date of this chapter by any person subject to the ordinance 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 of any noncomplying land disturbing construction activity or post-construction runoff. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, or additional enforcement action which may be taken. Any technique that effectively provides actual and verifiable notice may be used.
3. Upon receipt of written notification from the city engineer under subsection (2), the responsible party shall correct work that does not comply with the storm water management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the city engineer in the notice.
4. If the violations are likely to result in damage to properties, public facilities, or waters of the state, the city engineer may enter the land and take corrective actions necessary to prevent such damage. The costs incurred by the city engineer plus interest and legal costs shall be paid by the responsible party.
5. If the city engineer determines that any person is in violation of this chapter or a stormwater permit, the director may issue a notice of violation, a stop work order, a cease and desist order, or revoke the permit, or refer the noncompliance to the city attorney for civil enforcement, penalties, injunctive orders or other appropriate relief.
6. Every violation of this chapter is a public nuisance. Any person who violates this chapter shall be subject to a forfeiture of not less than ten dollars or more than two thousand dollars per offense, together with the costs of prosecution. Each day each violation continues shall constitute a separate offense.
7. 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.
8. When the city engineer determines that the holder of a permit issued pursuant to this chapter has failed to follow practices, or has failed to comply with schedules in a 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 plan. The city engineer shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to Section 24.13.040K. 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.
Appeals. The Wauwatosa Common Council hereby elects that provisions of this chapter are not governed by the procedures of Chapter 68, Wisconsin Statutes, and provides for appeals as follows:
1. Board of Zoning Appeals. The board of zoning appeals shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the city engineer in administering stormwater quality or quantity duties. The board may authorize variances that are not contrary to the public interest, and where owing to special conditions unique to the property, a literal enforcement would be an unnecessary hardship.
2. Who May Appeal. Appeals to the board of zoning appeals may be taken by any aggrieved person or by an officer, department, board, or bureau of the City of Wauwatosa affected by any decision of the city engineer.
Illicit Connections and Discharges.
1. The following definitions shall be applicable in this subsection:
  1. "Illicit connection" means any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including, but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been allowed, permitted, or approved by a government agency, prior to the adoption of this chapter.
  2. "Person" means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
  3. "Storm drain system" means publicly-owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and humanmade or altered drainage channels, reservoirs, and other drainage structures.
2. Illicit Connections and Discharges Prohibited.
  1. No person shall discharge, spill or dump substances or materials which are not entirely composed stormwater into receiving bodies of water or onto driveways, sidewalks, parking lots or other areas that drain into the storm drainage system.
  2. The construction, use, maintenance or continued existence of illicit connections to the storm drainage system is prohibited. This prohibition expressly includes, without limitation, illicit connections made prior to the adoption of this chapter, regardless of whether the connections was permissible under law or practice applicable or prevailing at the time of connection.
  3. The following activities are exempt from the provisions of this section unless found to have an adverse impact on the stormwater:
    1. Discharges authorized by a permit issued by the Wisconsin Department of Natural Resources.
    2. Discharges resulting from firefighting activities.
    3. Discharges from uncontaminated ground water, potable water source, roof drains, foundation drain and sump pump, air conditioning condensation, springs, lawn watering, individual residential car washing, water main and hydrant flushing and swimming pools if the water has been dechlorinated.
  4. Whenever the City of Wauwatosa finds a person has violated a prohibition or failed to meet a requirement of this section, the City of Wauwatosa may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
    1. The elimination of illicit connections or discharges;
    2. That violating discharges, practices, or operations shall cease and desist;
    3. The abatement or remediation of stormwater pollution or contaminated hazards and the restoration of any affected property;
    4. In the event the person fails to eliminate the illicit connects or discharge, fails to cease and desist in discharge, practices or operations in violation of this section or fails to abate or remediate the stormwater pollution or contamination hazards, that person may be subject to a forfeiture of not less than fifty dollars nor more than five hundred dollars for each offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.

HISTORY
Adopted by Ord. O-16-14 pt. I on 5/3/2016
Amended by Ord. O-16-39 pts. III—XXII on 12/6/2016
Amended by Ord. Default on 10/22/2024

O-24-30

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Wauwatosa City Zoning Code

CHAPTER 24

13 NATURAL RESOURCES

24.13.010 Floodplain Zoning

STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITLE, AND GENERAL PROVISIONS
1. Title. This section is known as the floodplain zoning ordinance of Wauwatosa, Wisconsin.
2. Authority. The floodplain zoning regulations of this section are adopted pursuant to the authority granted by Sections 62.23 and 87.30 of the Wisconsin Statutes. This ordinance is based upon the Model Ordinance prepared by the Wisconsin Department of Natural Resources on June 14, 2024.
3. Findings of Fact. Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare and tax base.
4. Purpose. This ordinance is intended to regulate floodplain development to:
  1. Protect life, health and property;
  2. Minimize expenditures of public funds for flood control projects;
  3. Minimize rescue and relief efforts undertaken at the expense of the taxpayers;
  4. Minimize business interruptions and other economic disruptions;
  5. Minimize damage to public facilities in the floodplain;
  6. Minimize the occurrence of future flood blight areas in the floodplain;
  7. Discourage the victimization of unwary land and homebuyers;
  8. Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and
  9. Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.
5. General Provisions
  1. Areas to Be Regulated. This ordinance regulates all areas of special flood hazard identified as zones A, AO, AH, A1-30, or AE on the Flood Insurance Rate Map. Additional areas identified on maps approved by the Department of Natural Resources (DNR) and local community may also be regulated under the provisions of this ordinance, where applicable.
  2. Official Maps and Revisions. Special Flood Hazard Areas (SFHA) are designated as zones A, A1-30, AE, AH, or AO on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in subd. (a) below. Additional flood hazard areas subject to regulation under this ordinance are identified on maps based on studies approved by the DNR and listed in subd. (b) below. These maps and revisions are on file in the office of the Development Department at City Hall, City of Wauwatosa.
    1. Official Maps. Based on the Flood Insurance Study (FIS)
      1. Flood Insurance Rate Map (FIRM), panel number 55079C0052F, 55079C0056F, 55079C0058F, 55079C0062F, 55079C0064F, 55079C0066F, 55079C0067F, 55079C0068F, 55079C0069F, 55079C0086F, dated 10/24/2024.
      2. Flood Insurance Study (FIS) 55079CV001B, 55079CV002B, 55079CV003B, 55079CV004B, 55079CV005B, and 55079CV006B for Milwaukee County, dated 10/24/2024.
      3. Conditional Letter of Map Revision FEMA Case No. 21-05-3305R, effective April 11, 2022.
    2. Official Maps. Based on other studies. Based on other studies. Any maps referenced in this section must be approved by the DNR and be more restrictive than those based on the FIS at the site of the proposed development.
      1. Flood Storage Map T7N R21E, panel number 3, dated October 24, 2024, approved by the DNR.
  3. Establishment of Floodplain Zoning Districts. The flood hazard areas regulated by this ordinance are divided into districts as follows:
    1. The Floodway District (FW), is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters, within AE Zones as shown on the FIRM, or within A Zones shown on the FIRM when determined according to sub. E.1.e. of this ordinance.
    2. The Floodfringe District (FF) is that portion of a riverine special flood hazard area outside the floodway within AE Zones on the FIRM, or, when floodway limits have been determined according to sub. E.1.e.,
      within A Zones shown on the FIRM.
    3. The General Floodplain District (GFP) is those riverine areas that may be covered by floodwater during the regional flood in which a floodway boundary has not been delineated on the FIRM and also includes shallow flooding areas identified as AH and AO zones on the FIRM.
    4. The Flood Storage District (FSD) is that area of the floodplain where storage of floodwaters is calculated to reduce the regional flood discharge.
  4. Locating Floodplain Boundaries. Discrepancies between the exterior boundaries of zones A1-30, AE, AH, or A on the official floodplain zoning map and actual field conditions may be resolved using the criteria in sub. (1) or (2) below. If a significant difference exists, the map shall be amended according to sub. H. Amendments. The zoning administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The zoning administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined. Disputes between the zoning administrator and an applicant over the district boundary line shall be settled according to sub. G.3.c. and the criteria in (1) and (2) below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to sub. H. Amendments.
    1. If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.
    2. Where flood profiles do not exist for projects, including any boundary of zone A, AO, the location of the boundary shall be determined by the map scale.
  5. Removal of Lands from Floodplain.
    1. Compliance with the provisions of this ordinance shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to sub.H. Amendments.
    2. The delineation of any of the Floodplain Districts may be revised by the community where natural or man-made changes have occurred and/or where more detailed studies have been conducted. However, prior to any such change, approval must be obtained from the Wisconsin Department of Natural Resources and Federal Emergency Management Agency. A completed Letter of Map Revision is a record of this approval. The floodplain administrator shall not sign a community acknowledgement form unless all criteria set forth in the following paragraphs are met:
      1. The land and/or land around the structure must be filled at least two feet above the regional or base flood elevation;
      2. The fill must be contiguous to land outside the floodplain; Applicant shall obtain floodplain development permit before applying for a LOMR or LOMR-F;
    3. Removal of lands from the floodplain may also occur by operation of §87.30(1)(e), Wis. Stat. if a property owner has obtained a letter of map amendment from the federal emergency management agency under 44 C.F.R. 70.
  6. Compliance.
    1. No structure or use within areas regulated by this ordinance shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged, or altered without full compliance with the terms of these regulations and all other applicable regulations that apply to uses within the jurisdiction of these regulations.
    2. Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with sub. I..
    3. Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications, or amendments thereto if approved by the Floodplain Administrator. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with sub. I..
  7. Municipalities and State Agencies Regulated. Unless specifically exempted by law, all cities, villages, towns, counties and other governmental or quasi-governmental organizations constructing projects in the City of Wauwatosa are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if s. 13.48(13), Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when s. 30.2022, Stats., applies. Although exempt from a local zoning permit and permit fees, DOT must provide sufficient project documentation and analysis to ensure that the community is in compliance with Federal, State, and local floodplain standards. If a local transportation project is located within a Zone A floodplain and is not a WisDOT project under s. 30.2022, then the road project design documents (including appropriate detailed plans and profiles) may be sufficient to meet the requirements for issuance of a local floodplain permit if the following apply: The applicant provides documentation to the Floodplain Administrator that the proposed project is a culvert replacement or bridge replacement under 20’ span at the same location, the project is exempt from a DNR permit under s. 30.123(6)(d), the capacity is not decreased, the top road grade is not raised, and no floodway data is available from a federal, state, or other source. If floodway data is available in the impacted area from a federal, state, or other source that existing data must be utilized by the applicant in the analysis of the project site.
  8. Abrogation and Greater Restrictions.
    1. This ordinance supersedes all the provisions of any prior zoning ordinance enacted under s. 62.23 or s. 87.30, Stats., which relate to floodplains.
    2. This ordinance is not intended to repeal, abrogate, or impair any existing deed restrictions, covenants, or easements. If this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.
  9. Interpretation. In their interpretation and application, the provisions of this ordinance are the minimum requirements liberally construed in favor of the City and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this ordinance, required by ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance.
  10. Warning and Disclaimer of Liability. The flood protection standards in this ordinance are based on engineering experience and research. Larger floods may occur, or the flood height may be increased by man made or natural causes. This ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This ordinance does not create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this ordinance.
  11. Severability. Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.
GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS
1. The City shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding and assure that all necessary permits have been received from those governmental agencies whose approval is required by federal or state law.
  1. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall:
    1. be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
    2. be constructed with flood-resistant materials;
    3. be constructed by methods and practices that minimize flood damages; and
    4. mechanical and utility equipment must be elevated to or above the flood protection elevation.
  2. If a subdivision or other proposed new development is in a flood-prone area, the City shall assure that:
    1. such proposed subdivision or other proposed new development is consistent with the need to minimize flood damage within the flood-prone area;
    2. public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and
    3. adequate drainage is provided to reduce exposure to flood hazards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this ordinance and all other requirements in sub. H.1.b..
2. Hydraulic And Hydrologic Analyses
  1. No floodplain development shall:
    1. Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or
    2. Cause any increase in the regional flood height due to floodplain storage area lost.
  2. The zoning administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of sub. H. Amendments are met.
3. Watercourse Alterations.
  1. No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of sub. B.1 must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained.
  2. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to sub. H. Amendments, the community shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.
4. Chapter 30, 31, Wis. Stats., Development. Development which requires a permit from the Department, under chs. 30 and 31, Stats., such as docks, piers, wharves, bridges, culverts, dams, and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to sub. H. Amendments.
FLOODWAY DISTRICT (FW)
1. Applicability. This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to sub. E.1.e. of this ordinance.
2. Uses Permitted in Floodway District. The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if they are not prohibited by any other ordinance; they meet the standards in sub. C.3 and C.4; and all permits or certificates have been issued according to sub. G.1.
  1. Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture, and wild crop harvesting.
  2. Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.
  3. Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap, and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of sub. C.3.d.
  4. Uses or structures accessory to open space uses or classified as historic structures that comply with sub. C.3 and C.4.
  5. Extraction of sand, gravel or other materials that comply with s. C.3.d.
  6. Functionally water dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with chs. 30 and 31, Stats.
  7. Public utilities, streets and bridges that comply with s. C.3.c.
  8. Portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code.
  9. Wastewater treatment ponds or facilities permitted under s. NR 110.15(3)(b), Wis. Adm. Code.
  10. Sanitary sewer or water supply lines to service existing or proposed development located outside the floodway that complies with the regulations for the floodplain area occupied.
3. Standards For Development In The Floodway.
  1. General
    1. Any development in the floodway shall comply with sub. B. and have a low flood damage potential.
    2. Applicants shall provide an analysis calculating the effects of this proposal on the regional flood height to determine the effects of the proposal according to sub. B.1 and G.1.b.(2). The analysis must be completed by a registered professional engineer in the state of Wisconsin.
    3. Any encroachment in the regulatory floodway is prohibited unless the data submitted for sub. C.3.a.(b) above demonstrates that the encroachment will cause no increase in flood elevations in flood events up to the base flood at any location or removes the encroached area from the regulatory floodway as provided in sub. A.5.e.
  2. Structures. Structures accessory to permanent open space uses, including utility and sanitary facilities, or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:
    1. Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage;
    2. Shall either have the lowest floor elevated to or above the flood protection elevation or shall meet all the following standards:
      1. Have the lowest floor elevated to or above the regional flood elevation and be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and completely dry to the flood protection elevation without human intervention during flooding;
      2. Have structural components capable of meeting all provisions of sub. C.3.b.(8) and;
      3. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Sub. C.3.b.(8).
    3. Must be anchored to resist flotation, collapse, and lateral movement;
    4. Mechanical and utility equipment must be elevated to or above the flood protection elevation; and
    5. Must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood.
    6. For a structure designed to allow the automatic entry of floodwaters below the Regional Flood Elevation, the applicant shall submit a plan that meets sub. C.3.b.(1) through C.3.b.(5) and meets or exceeds the following standards:
      1. The lowest floor must be elevated to or above the regional flood elevation;
      2. a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
      3. the bottom of all openings shall be no higher than one foot above the lowest adjacent grade; openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters, otherwise must remain open.
      4. The use must be limited to parking, building access or limited storage.
    7. Certification: Whenever floodproofing measures are required, a registered professional engineer or architect shall certify that the following floodproofing measures will be utilized, where appropriate, and are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regional flood:
      1. Reinforcement of floors and walls to resist rupture, collapse, or lateral movement caused by water pressures or debris buildup;
      2. Construction of wells, water supply systems and waste treatment systems so as to prevent the entrance of flood waters in such systems and must be in accordance with provisions in sub. C.4.d and C.4.e;
      3. Subsurface drainage systems to relieve external pressures on foundation walls and basement floors;
      4. Cutoff valves on sewer lines or the elimination of gravity flow basement drains; and
      5. Placement of utilities to or above the flood protection elevation.
  3. Public Utilities, Streets And Bridges. Public utilities, streets and bridges may be allowed by permit, if:
    1. Adequate floodproofing measures are provided to the flood protection elevation; and
    2. Construction meets the development standards of sub. B.1.
  4. Fills Or Deposition Of Materials. Fills or deposition of materials may be allowed by permit, if:
    1. The requirements of sub. B.1 are met;
    2. No material is deposited in navigable waters unless a permit is issued by the Department pursuant to ch. 30, Stats., and a permit pursuant to s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and all other requirements have been met;
    3. The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and
    4. The fill is not classified as a solid or hazardous material.
4. Prohibited Uses. All uses not listed as being permitted in sub. C.2 are prohibited, including the following uses:
  1. Habitable structures, structures with high flood damage potential, or those not associated with permanent open space uses;
  2. Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;
  3. Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
  4. Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and ch. SPS 383, Wis. Adm. Code;
  5. Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code;
  6. Any solid or hazardous waste disposal sites;
  7. Any wastewater treatment ponds or facilities, except those permitted under s. NR 110.15(3)(b), Wis. Adm. Code; and
  8. Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.
FLOODFRINGE DISTRICT (FF)
1. Applicability. This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to sub. E.1.e. of this ordinance.
2. Uses Permitted in the Floodfringe District. Any structure, land use, or development is allowed in the Floodfringe District if the standards in sub. D.3 are met, the use is not prohibited by this, or any other ordinance or regulation and all permits or certificates specified in sub. G.1 have been issued.
3. Standards for Development in the Floodfringe District. Sub. B. shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of sub. F. Nonconforming Uses;
  1. Residential Uses. Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe, shall meet or exceed the following standards;
    1. All new construction, including placement of manufactured homes, and substantial improvement of residential structures, shall have the lowest floor elevated to or above the flood protection elevation on fill. The fill around the structure shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. No area may be removed from the floodfringe district unless it can be shown to meet sub. A.5.e.
    2. Notwithstanding sub. D.3.a.(1), a basement or crawlspace floor may be placed at one foot above the regional flood elevation if the basement or crawlspace is designed to make all portions of the structure below the flood protection elevation watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. No floor of any kind is allowed below the regional flood elevation;
    3. Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in sub. (4).
    4. In developments where existing street or sewer line elevations make compliance with sub. (3) impractical, the municipality may permit new development and substantial improvements where roads are below the regional flood elevation, if:
      1. The municipality has written assurance from police, fire and emergency services that rescue, and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or
      2. The municipality has a DNR-approved emergency evacuation plan that follows acceptable hazard mitigation planning guidelines.
  2. Accessory Structures or Uses. In addition to sub. B, new construction and substantial improvements of Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation.
  3. Commercial Uses. In addition to sub. B, any commercial structure which is erected, altered, or moved into the floodfringe shall meet the requirements of sub. D.3.a. Subject to the requirements of sub. D.3.e., storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
  4. Manufacturing and Insustrial Uses. In addition to sub. B., any manufacturing or industrial structure which is erected, altered, or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in sub. G.5. Subject to the requirements of sub. D.3.e., storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
  5. Storage of Materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish, or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with sub. G.5. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.
  6. Public Utilities, Streets and Bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and
    1. When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with sub. G.5.
    2. Minor roads or non-essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.
  7. Sewage Systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of flood water into the system, pursuant to sub. G.5.c., to the flood protection elevation and meet the provisions of all local ordinances and ch. SPS 383, Wis. Adm. Code.
  8. Wells. All wells shall be designed to minimize or eliminate infiltration of flood waters into the system, pursuant to sub. G.5.c, to the flood protection elevation and shall meet the provisions of chs. NR 811 and NR 812, Wis. Adm. Code.
  9. Solid Waste Disposal Sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.
  10. Deposition of Materials. Any deposited material must meet all the provisions of this ordinance.
OTHER FLOODPLAIN DISTRICTS
1. General Floodplain District (GFP)
  1. Applicability . The provisions for the General Floodplain District shall apply to development in all floodplains mapped as A, AO, AH, and in AE zones within which a floodway is not delineated on the Flood Insurance Rate Maps identified in sub. A.5.b.(1).
  2. Floodway Boundaries. For proposed development in zone A, or in zone AE within which a floodway is not delineated on the Flood Insurance Rate Map identified in sub. A.5.b.(1), the boundaries of the regulatory floodway shall be determined pursuant to sub. E.1.e. . If the development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of sub. C. If the development is located entirely within the floodfringe, the development is subject to the standards of sub. D.
  3. Uses Permitted in the General Floodplain District. Pursuant to sub. E.1.e. of this ordinance, it shall be determined whether the proposed use is located within the floodway or floodfringe. Those uses permitted in the Floodway (sub. C.2) and Floodfringe (sub. D.2) Districts are allowed within the General Floodplain District, according to the standards of sub. E.1.d. of this ordinance provided that all permits or certificates required under sub. G.1. have been issued.
  4. Standards For Development In The General Floodplain District. Subsection C. applies to floodway areas, determined to pursuant to sub. E.1.e; Subsection D.applies to floodfringe areas, determined to pursuant to sub. E.1.e.
    1. New construction and substantial improvement of structures in zone AO shall have the lowest floor, including basement, elevated:
      1. To one foot above the depth, in feet, as shown on the FIRM above the highest adjacent natural grade; or
      2. If the depth is not specified on the FIRM, three (3) feet above the highest adjacent natural grade or higher.
    2. New Construction and substantial improvement of structures in zone AH shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
    3. In AO/AH zones, provide adequate drainage paths to guide floodwaters around structures.
    4. All development in zones AO and zone AH shall meet the requirements of sub. D. applicable to flood fringe areas.
  5. Determining Floodway And Floodfringe Limits. Upon receiving an application for development within zone A, or within zone AE where a floodway has not been delineated on the Flood Insurance Rate Maps, the zoning administrator shall:
    1. Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and flood proofing measures and the flood zone as shown on the FIRM.
    2. Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries.
      1. A Hydrologic and Hydraulic Study as specified in sub. G.1.b(3).
      2. Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location, and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information.
      3. Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities
2. Flood Storage District. The flood storage district delineates that portion of the floodplain where storage of floodwaters has been taken into account and is relied upon to reduce the regional flood discharge. The district protects the flood storage areas and assures that any development in the storage areas will not decrease the effective flood storage capacity which would cause higher flood elevations.
  1. Applicability. The provisions of this section apply to all areas within the Flood Storage District (FSD), as shown on the official floodplain zoning maps.
  2. Uses Permitted in the Flood Storage District. Any use or development which occurs in a flood storage district must meet the applicable requirements in sub. D.3.
  3. Standards For Development In Flood Storage Districts
    1. Development in a flood storage district shall not cause an increase equal or greater than 0.00 of a foot in the height of the regional flood.
    2. No development shall be allowed which removes flood storage volume unless an equal volume of storage as defined by the pre-development ground surface and the regional flood elevation shall be provided in the immediate area of the proposed development to compensate for the volume of storage, which is lost, (compensatory storage). Excavation below the groundwater table is not considered to provide an equal volume of storage.
    3. If compensatory storage cannot be provided, the area may not be developed unless the entire area zoned as flood storage district – on this waterway – is rezoned to the floodfringe district. This must include a revision to the floodplain study and map done for the waterway to revert to the higher regional flood discharge calculated without floodplain storage, as per sub. H. Amendments of this ordinance.
    4. No area may be removed from the flood storage district unless it can be shown that the area has been filled to the flood protection elevation and is contiguous to other lands lying outside of the floodplain.
NONCONFORMING USES
1. General
  1. Applicability
    1. The standards in this section shall apply to all uses and buildings that do not conform to the provisions contained within a floodplain zoning ordinance or with s. 87.30, Stats. and §§ NR 116.12-14, Wis. Adm. Code and 44 CFR 59-72., these standards shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this ordinance or any amendment thereto. A party asserting existence of a lawfully established nonconforming use or structure has the burden of proving that the use or structure was compliant with the floodplain zoning ordinance in effect at the time the use or structure was created.
    2. As permit applications are received for additions, modifications, or substantial improvements to nonconforming buildings in the floodplain, municipalities shall develop a list of those nonconforming buildings, their present equalized assessed value, and a list of the costs of those activities associated with changes to those buildings.
  2. The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this ordinance may continue subject to the following conditions:
    1. No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this ordinance. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification; this includes painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance. The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification, or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure.
    2. If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this ordinance;
    3. The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent;
    4. No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with sub. D.3.a. The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this paragraph;
    5. No maintenance on a per event basis to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with sub. D.3.a. Maintenance to any nonconforming structure, which does not exceed 50% of its present equalized assessed value on a per event basis, does not count against the cumulative calculations over the life of the structure for substantial improvement calculations.
    6. If on a per event basis the total value of the work being done under (4) and (5) equals or exceeds 50% of the present equalized assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with sub. D.3.a.
    7. Except as provided in sub. (8), if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed, or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50% of the structure’s present equalized assessed value.
    8. For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the following minimum requirements are met, and all required permits have been granted prior to the start of construction:
      1. Residential Structures
        Shall have the lowest floor, including basement, elevated to one foot above the base flood elevation using fill, pilings, columns, posts, or perimeter walls. Perimeter walls must meet the requirements of sub. G.5.b.
        Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, and shall be constructed with methods and materials resistant to flood damage.
        Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
        In A Zones, obtain, review, and utilize any flood data available from a federal, state or other source.
        In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in sub. E.1.d.
        in AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.
      2. Nonresidential Structures
        Shall meet the requirements of sub. F.1.b.(2)(H)(a)A. through F. Fnbsp;
        Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in sub. G.5.a. or b.
        In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in sub. E.1.d.
  3. A nonconforming historic structure may be altered if the alteration will not preclude the structure’s continued designation as a historic structure, the alteration will comply with sub. C.3.a, flood resistant materials are used, and construction practices and floodproofing methods that comply with sub. G.5 are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of sub. F.1 .b.(8)(A) if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure.
  4. Notwithstanding anything in this chapter to the contrary, modifications, additions, maintenance, and repairs to a nonconforming building shall not be prohibited based on cost and the building’s nonconforming use shall be permitted to continue if:
    1. Any living quarters in the nonconforming building are elevated to be at or above the flood protection elevation;
    2. The lowest floor of the nonconforming building, including the basement, is elevated to one foot above the regional flood elevation;
    3. The nonconforming building is permanently changed to conform to the applicable requirements of subsection B;
    4. If the nonconforming building is in the floodway, the building is permanently changed to conform to the applicable requirements of sub. C.3.a., C.3.3.b(2) through (5), C.3.c, C.3.d, and F.2. Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure’s 3-D building envelope must determine the floodway in accordance with sub. E.1.e. If the encroachment is in the floodway, it must meet the standards in sub C.3.d.
    5. If the nonconforming building is in the floodfringe, the building is permanently changed to conform to the applicable requirements of sub. D.3 and F.36F3;
    6. Repair or reconstruction of nonconforming structures and substantial improvements of residential buildings in zones A1-30, AE, and AH must have the lowest floor (including basement) elevated to one foot above the base flood elevation;
    7. Repair or reconstruction of nonconforming structures and substantial improvements of non-residential buildings in zones A1-30, AE, and AH must have the lowest floor (including basement) elevated to or above the base flood elevation, or (together with attendant utility and sanitary facilities) be designed so that below the base flood elevation the building is watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy:
      1. Where a non-residential structure is intended to be made watertight below the base flood elevation, a registered professional engineer or architect must develop and/or review structural design, specifications, and plans for the construction, and must certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of sub. F.1.d.(7) above.
      2. The community must maintain a record of such certification including the specific elevation to which each such structure is floodproofed;
    8. Fully enclosed areas below the lowest floor of repair or reconstruction of nonconforming structures and substantial improvements in zones A1-30, AE, and AH that are usable solely for parking of vehicles, building access, or storage, must be designed to adequately equalize hydrostatic forces on exterior walls by allowing for the entry and exit of floodwaters. Subsequent improvements to repaired or reconstructed nonconforming structures must not increase the degree of their nonconformity. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet the following criteria:
      1. A minimum of two openings into each enclosed area must be located below the base flood elevation and provide a total net area of not less than one square inch for every square foot of enclosed area.
      2. The bottom of all openings must be no higher than one foot above the adjacent grade.
      3. Openings may be equipped with screens, louvers, valves, or other coverings if they permit the automatic entry and exit of floodwaters;
    9. Manufactured homes that are placed or substantially improved within zones A1-30, AE, and AH outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of flood, must be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot above the base flood elevation, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement;
    10. Manufactured homes that are placed or substantially improved within zones A1-30, AE, and AH on existing sites in an existing manufactured home park that is not undergoing expansion and on which a manufactured home has not incurred substantial damage as a result of flood must be elevated so that either the lowest floor of the manufactured home is at one foot above the base flood elevation, or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement;
    11. Recreational vehicles placed on sites within zones A1-30, AH, and AE must either:
      1. Be on site for fewer than 180 consecutive days; or
      2. Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or
      3. Meet the elevation and anchoring requirements for manufactured homes in sub. F.1.d.(9) above;
    12. In a regulatory floodway that has been delineated on the FIRM in zone A1-30 or AE, encroachments, including repair or reconstruction of nonconforming structures, substantial improvement, or other development (including fill) must be prohibited unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;
    13. In zone A, the community must obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring repair or reconstruction of nonconforming structures, substantial improvement, and other development to meet sub. F.1.d.(6) through (12) (inclusive) above. Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure’s 3-D building envelope must determine the floodway in accordance with sub. E..1.e. If the encroachment is in the floodway, it must meet the standards in sub. C.3.d. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;
    14. In zones A1-30 or AE where a regulatory floodway has not been delineated on the FIRM, repair or reconstruction of nonconforming structures, substantial improvement, or any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure’s 3-D building envelope must determine the floodway in accordance with sub. E.1.e. If the encroachment is in the floodway, it must meet the standards in sub. C.3.d. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;
    15. In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of residential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one foot more than the depth number specified in feet on the FIRM (at least three feet if no depth number is specified). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity; or
    16. In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of nonresidential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified), or (together with attendant utility and sanitary facilities) be structurally dry-floodproofed to that level according to the standard specified in s. 6.1(4)(g) above. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity.
2. Floodway District
  1. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the Floodway District, unless such modification or addition:
    1. Has been granted a permit or variance which meets all ordinance requirements;
    2. Meets the requirements of sub. F.1;
    3. Shall not increase the obstruction to flood flows or regional flood height;
    4. Any addition to the existing structure shall be floodproofed, pursuant to sub. G.5, by means other than the use of fill, to the flood protection elevation; and,
    5. If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
      1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;
      2. The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
      3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
      4. The use must be limited to parking, building access or limited storage.
  2. No new on site sewage disposal system, or addition to an existing on site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing on site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, sub. G.5.c. and Ch. SPS 383, Wis. Adm. Code.
  3. No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair, or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, sub. G.5.c. and chs. NR 811 and NR 812, Wis. Adm. Code.
3. Floodfringe District
  1. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality and meets the requirements of sub. D.3 except where sub. F.3.b. is applicable.
  2. Where compliance with the provisions of sub. a. would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Adjustment/Appeals, using the procedures established in sub. G.3, may grant a variance from those provisions of sub. a. for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:
    1. No floor is allowed below the regional flood elevation for residential or commercial structures;
    2. Human lives are not endangered;
    3. Public facilities, such as water or sewer, shall not be installed;
    4. Flood depths shall not exceed two feet;
    5. Flood velocities shall not exceed two feet per second; and
    6. The structure shall not be used for storage of materials as described in sub. D.3.e.
  3. All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances, sub. G.5.c and ch. SPS 383, Wis. Adm. Code.
  4. All new wells, or addition to, replacement, repair, or maintenance of a well shall meet the applicable provisions of this ordinance, sub. G.5.c. and ch. NR 811 and NR 812, Wis. Adm. Code.
4. Flood Storage District No modifications or additions shall be allowed to any nonconforming structure in a flood storage area unless the standards outlined in sub. E.2.c. are met.
ADMINISTRATION
1. Zoning Administrator
  1. Duties and Powers. Development Director. The city's development director, or that person's designee, serves as zoning administrator for purpose of this section. Different individuals or offices may be designated for different purposes under this ordinance. The zoning administrator is responsible for administering the regulations of this section. In carrying out these responsibilities, the zoning administrator has the following powers and duties:
    1. Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications.
    2. Issue permits and inspect properties for compliance with provisions of this ordinance and issue certificates of compliance where appropriate
    3. Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has occurred.
    4. Keep records of all official actions such as:
      1. All permits issued, inspections made, and work approved;
      2. Documentation of certified lowest floor and regional flood elevations;
      3. Floodproofing certificates.
      4. Water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments.
      5. All substantial damage assessment reports for floodplain structures.
      6. List of nonconforming structures and uses.
    5. Submit copies of the following items to the Department Regional office:
      1. Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments;
      2. Copies of case-by-case analyses and other required information.
      3. Copies of substantial damage assessments performed and all related correspondence concerning the assessments.
    6. Investigate, prepare reports, and report violations of this ordinance to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the Department Regional office.
    7. Submit copies of amendments to the FEMA Regional office.
  2. Floodplain Development Permit. A Floodplain Development permit shall be obtained before any development; repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the zoning administrator shall include:
    1. GENERAL INFORMATION
      1. Name and address of the applicant, property owner and contractor;
      2. Legal description, proposed use, and whether it is new construction or a modification;
    2. SITE DEVELOPMENT PLAN. A site plan drawn to scale shall be submitted with the permit application form and shall contain:
      1. Location, dimensions, area and elevation of the lot;
      2. Location of the ordinary highwater mark of any abutting navigable waterways;
      3. Location of any structures with distances measured from the lot lines and street center lines;
      4. Location of any existing or proposed on-site sewage systems or private water supply systems;
      5. Location and elevation of existing or future access roads;
      6. Location of floodplain and floodway limits as determined from the official floodplain zoning maps;
      7. The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study – either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD);
      8. Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of sub. C. or D. are met; and
      9. Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to sub. B.1. This may include any of the information noted in sub. C.3.a.
    3. HYDRAULIC AND HYDROLOGIC STUDIES TO ANALYZE DEVELOPMENT All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the State. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Department.
      1. Zone A floodplains and in AE zones within which a floodway is not delineated:
        Hydrology
        The appropriate method shall be based on the standards in ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.
        Hydraulic modeling The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following:
        determination of the required limits of the hydraulic model shall be based on detailed study information for downstream structures (dam, bridge, culvert) to determine adequate starting WSEL for the study.
        channel sections must be surveyed.
        minimum four-foot contour data in the overbanks shall be used for the development of cross section overbank and floodplain mapping.
        a maximum distance of 500 feet between cross sections is allowed in developed areas with additional intermediate cross sections required at transitions in channel bottom slope including a survey of the channel at each location.
        the most current version of HEC-RAS shall be used.
        a survey of bridge and culvert openings and the top of road is required at each structure.
        additional cross sections are required at the downstream and upstream limits of the proposed development and any necessary intermediate locations based on the length of the reach if greater than 500 feet.
        standard accepted engineering practices shall be used when assigning parameters for the base model such as flow, Manning’s N values, expansion and contraction coefficients or effective flow limits. The base model shall be calibrated to past flooding data such as high-water marks to determine the reasonableness of the model results. If no historical data is available, adequate justification shall be provided for any parameters outside standard accepted engineering practices.
        the model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to provide a tie-in to existing studies. The height difference between the proposed flood profile and the existing study profiles shall be no more than 0.00 feet.
        Mapping A work map of the reach studied shall be provided, showing all cross-section locations, floodway/floodplain limits based on best available topographic data, geographic limits of the proposed development and whether the proposed development is located in the floodway.
        If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation.
        If any part of the proposed development is in the floodway, it must be added to the base model to show the difference between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the existing model, unless adequate justification based on standard accepted engineering practices is provided.
      2. Zone AE Floodplains
        Hydrology If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.
        Hydraulic model The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following:
        Duplicate Effective Model The effective model shall be reproduced to ensure correct transference of the model data and to allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If data from the effective model is available, models shall be generated that duplicate the FIS profiles and the elevations shown in the Floodway Data Table in the FIS report to within 0.1 foot.
        Corrected Effective Model. The Corrected Effective Model shall not include any man-made physical changes since the effective model date but shall import the model into the most current version of HEC-RAS for Department review.
        Existing (Pre-Project Conditions) Model. The Existing Model shall be required to support conclusions about the actual impacts of the project associated with the Revised (Post-Project) Model or to establish more up-to-date models on which to base the Revised (Post-Project) Model.
        Revised (Post-Project Conditions) Model. The Revised (Post-Project Conditions) Model shall incorporate the Existing Model and any proposed changes to the topography caused by the proposed development. This model shall reflect proposed conditions.
        All changes to the Duplicate Effective Model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes.
        Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested. Cross sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water surface elevations and top widths computed by the revised models matching those in the effective models upstream and downstream of the revised reach as required. The Effective Model shall not be truncated.
        Mapping Maps and associated engineering data shall be submitted to the Department for review which meet the following conditions:
        Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the revised flood profiles, topographic work map, annotated FIRMs and/or Flood Boundary Floodway Maps (FBFMs), construction plans, bridge plans.
        Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable items. If a digital version of the map is available, it may be submitted in order that the FIRM may be more easily revised.
        Annotated FIRM panel showing the revised 1% and 0.2% annual chance floodplains and floodway boundaries.
        If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used, then all supporting documentation or metadata must be included with the data submission along with the Universal Transverse Mercator (UTM) projection and State Plane Coordinate System in accordance with FEMA mapping specifications.
        The revised floodplain boundaries shall tie into the effective floodplain boundaries.
        All cross sections from the effective model shall be labeled in accordance with the effective map and a cross section lookup table shall be included to relate to the model input numbering scheme.
        Both the current and proposed floodways shall be shown on the map.
        The stream centerline, or profile baseline used to measure stream distances in the model shall be visible on the map.
        EXPIRATION All permits issued under the authority of this ordinance shall expire no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause. If the permitted work has not started within 180 days of the permit date, the development must comply with any regulation, including any revision to the FIRM or FIS, that took effect after the permit date.
      3. Certificate of Compliance No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt, or replaced shall be occupied until a certificate of compliance is issued by the zoning administrator, except where no permit is required, subject to the following provisions:
        The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this ordinance;
        Application for such certificate shall be concurrent with the application for a permit;
        If all ordinance provisions are met, the certificate of compliance shall be issued within 10 days after written notification that the permitted work is completed;
        The applicant shall submit a certification signed by a registered professional engineer, architect, or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that the requirements of sub. G.5 are met.
        Where applicable pursuant to sub. E.1.d., the applicant must submit a certification by a registered professional engineer or surveyor of the elevation of the bottom of the lowest horizontal structural member supporting the lowest floor (excluding pilings or columns), and an indication of whether the structure contains a basement.
        Where applicable pursuant to sub. E.1.d., the applicant must submit certifications by a registered professional engineer or architect that the structural design and methods of construction meet accepted standards of practice as required by sub. E.1.d.
      4. Other Permits. Prior to obtaining a floodplain development permit the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the U.S. Army Corps of Engineers under s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344.
2. Zoning Agency
  1. The Development Director shall:
    1. oversee the functions of the office of the zoning administrator; and
    2. review and advise the governing body on all proposed amendments to this ordinance, maps, and text.
    3. publish adequate notice pursuant to Ch. 985, Stats., specifying the date, time, place, and subject of the public hearing.
  2. The Development Director shall not:
    1. grant variances to the terms of the ordinance in place of action by the Board of Appeals; or
    2. amend the text or zoning maps in place of official action by the governing body.
3. Board of Zoning Appeals. The Board of Zoning Appeals is hereby authorized or shall be appointed to act for the purposes of this ordinance. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business.
  1. Powers and Duties. The Board of Zoning Appeals shall:
    1. Appeals - Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this ordinance;
    2. Boundary Disputes - Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map; and
    3. Variances - Hear and decide, upon appeal, variances from the ordinance standards.
  2. Appeals to the Board.
    1. Appeals to the board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the zoning administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the board, by filing with the official whose decision is in question, and with the board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the board all records regarding the matter appealed.
    2. Notice and Hearing for Appeals including Variances.
      1. Notice - The board shall:
        Fix a reasonable time for the hearing;
        Publish adequate notice pursuant to Wisconsin Statutes, or other specified Board procedures, specifying the date, time, place, and subject of the hearing; and
        Assure that notice shall be mailed to the parties in interest and the Department Regional office at least 10 days in advance of the hearing.
      2. Hearing - Any party may appear in person or by agent. The board shall:
        Resolve boundary disputes according to sub. G.3.c;
        Decide variance applications according to sub. G.3.4; and
        Decide appeals of permit denials according to sub. G.4.
      3. Decision: The final decision regarding the appeal or variance application shall:
        Be made within a reasonable time;
        Be sent to the Department Regional office within 10 days of the decision;
        Be a written determination signed by the chairman or secretary of the Board;
        State the specific facts which are the basis for the Board's decision;
        Either affirm, reverse, vary or modify the order, requirement, decision, or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application; and
        Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings.
  3. Boundary Disputes. The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries:
    1. If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary.
    2. The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board; and
    3. If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to sub. H. Amendments.
  4. Variance.
    1. The Board may, upon appeal, grant a variance from the standards of this ordinance if an applicant convincingly demonstrates that:
      1. Literal enforcement of the ordinance will cause unnecessary hardship;
      2. The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to adjacent lots or premises. In such case the ordinance or map must be amended;
      3. The variance is not contrary to the public interest; and
      4. The variance is consistent with the purpose of this ordinance in sub. A.3.
    2. In addition to the criteria in sub. (1), to qualify for a variance under FEMA regulations, the Board must find that the following criteria have been met:
      1. The variance shall not cause any increase in the regional flood elevation;
      2. The applicant has shown good and sufficient cause for issuance of the variance;
      3. Failure to grant the variance would result in exceptional hardship;
      4. Granting the variance will not result in additional threats to public safety, extraordinary expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;
      5. The variance granted is the minimum necessary, considering the flood hazard, to afford relief.
    3. A variance shall not:
      1. Grant, extend or increase any use prohibited in the zoning district;
      2. Be granted for a hardship based solely on an economic gain or loss;
      3. Be granted for a hardship which is self-created.
      4. Damage the rights or property values of other persons in the area;
      5. Allow actions without the amendments to this ordinance or map(s) required in sub. H. Amendments; and
      6. Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.
    4. When a floodplain variance is granted, the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25.00 per $100.00 of coverage. A copy shall be maintained with the variance record.
4. Review or Appeal of Permit Denials.
  1. The Board shall review all data related to the appeal. This may include:
    1. Permit application data listed in sub. G.1.b;
    2. Floodway/floodfringe determination data in sub. E.1.e;
    3. Data listed in sub. C.3.a.(2) where the applicant has not submitted this information to the zoning administrator; and
    4. Other data submitted with the application or submitted to the Board with the appeal.
  2. For appeals of all denied permits the Board shall:
    1. Follow the procedures of sub. G.3;
    2. Consider zoning agency recommendations; and
    3. Either uphold the denial or grant the appeal.
  3. For appeals concerning increases in regional flood elevation the Board shall:
    1. Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of sub. H. Amendments; and
    2. Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase provided no other reasons for denial exist.
5. Floodproofing Standards.
  1. No permit or variance shall be issued for a non-residential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to or above the flood protection elevation and submits a FEMA Floodproofing Certificate. Floodproofing is not an alternative to the development standards in subs. B., C., D., or E.1.
  2. For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either:
    1. certified by a registered professional engineer or architect; or
    2. meeting or exceeding the following standards:
      1. a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
      2. the bottom of all openings shall be no higher than one foot above grade; and
      3. openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters
  3. Floodproofing measures shall be designed, as appropriate, to:
    1. Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;
    2. Protect structures to the flood protection elevation;
    3. Anchor structures to foundations to resist flotation and lateral movement;
    4. Minimize or eliminate infiltration of flood waters;
    5. Minimize or eliminate discharges into flood waters;
    6. Placement of essential utilities to or above the flood protection elevation; and
    7. If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
      1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;
      2. The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
      3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
      4. The use must be limited to parking, building access or limited storage.
6. Public Information.
  1. Place marks on structures to show the depth of inundation during the regional flood.
  2. All maps, engineering data and regulations shall be available and widely distributed.
  3. Real estate transfers should show what floodplain district any real property is in
AMENDMENTS
1. Obstructions or increases may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles.
2. In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles. Any such alterations must be reviewed and approved by FEMA and the DNR.
3. In A Zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain maps, floodway lines, and water surface profiles.
  1. General. The council may change or supplement the floodplain zoning district boundaries and this ordinance in the manner outlined in sub. H.3.b., below. Actions which require an amendment to the ordinance and/or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following:
    1. Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height;
    2. Any change to the floodplain boundaries and/or watercourse alterations on the FIRM;
    3. Any changes to any other officially adopted floodplain maps listed in sub. A.5.b(2);
    4. Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain;
    5. Correction of discrepancies between the water surface profiles and floodplain maps;
    6. Any upgrade to a floodplain zoning ordinance text required by s. NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality; and
    7. All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.
  2. Procedures.
    1. Ordinance amendments may be made upon petition of any party according to the provisions of s. 62.23, Stats. The petitions shall include all data required by sub. E.1.e and G.1.b. The Land Use Permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes.
      1. The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department Regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of s. 62.23, Stats.
      2. No amendments shall become effective until reviewed and approved by the Department.
      3. All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body
ENFORCEMENT AND PENALTIES. Any violation of the provisions of this ordinance by any person shall be unlawful and shall be referred to the city attorney. A violator shall, upon conviction, forfeit to the municipality a penalty of not more than $50.00 (fifty dollars), together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance, and the creation may be enjoined, and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to s. 87.30, Stats.
DEFINITIONS. Unless specifically defined, words and phrases in this ordinance shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word "may" is permissive, "shall" is mandatory and is not discretionary.
1. A ZONES – Those areas shown on the Official Floodplain Zoning Map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.
2. AH ZONE – See “AREA OF SHALLOW FLOODING”.
3. AO ZONE – See “AREA OF SHALLOW FLOODING”.
4. ACCESSORY STRUCTURE OR USE – A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building. An accessory structure shall not be used for human habitation.
5. ALTERATION – An enhancement, upgrade or substantial change or modification other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure.
6. AREA OF SHALLOW FLOODING – A designated AO, AH, AR/AO, AR/AH, or VO zone on a community’s Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow.
7. 7. BASE FLOOD – Means the flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM.
8. BASEMENT – Any enclosed area of a building having its floor sub-grade on all sides.
9. BUILDING – See STRUCTURE.
10. BULKHEAD LINE – A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to s. 30.11, Stats., and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this ordinance.
11. CAMPGROUND – Any parcel of land which is designed, maintained, intended, or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or which is advertised or represented as a camping area.
12. CAMPING UNIT – Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up truck, or tent that is fully licensed, if required, and ready for highway use.
13. CERTIFICATE OF COMPLIANCE – A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this ordinance.
14. CHANNEL – A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.
15. CRAWLWAYS or CRAWL SPACE – An enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities.
16. DECK – An unenclosed exterior structure that has no roof or sides and has a permeable floor which allows the infiltration of precipitation.
17. DEPARTMENT – The Wisconsin Department of Natural Resources.
18. DEVELOPMENT – Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.
19. DRYLAND ACCESS – A vehicular access route which is above the regional flood elevation, and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles.
20. ENCROACHMENT – Any fill, structure, equipment, use or development in the floodway.
21. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) – The federal agency that administers the National Flood Insurance Program.
22. FLOOD INSURANCE RATE MAP (FIRM) – A map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.
23. FLOOD or FLOODING – A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions: • The overflow or rise of inland waters; • The rapid accumulation or runoff of surface waters from any source; • The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or • The sudden increase caused by an unusually high-water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.
24. FLOOD FREQUENCY – The probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average once in a specified number of years or as a percent (%) chance of occurring in any given year.
25. FLOODFRINGE – That portion of the floodplain outside of the floodway which is covered by flood waters during the regional flood and associated with standing water rather than flowing water.
26. FLOOD HAZARD BOUNDARY MAP – A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate Map.
27. FLOOD INSURANCE STUDY – A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.
28. FLOODPLAIN – Land which has been or may be covered by flood water during the regional flood. It includes the floodway and the floodfringe and may include other designated floodplain areas for regulatory purposes.
29. FLOODPLAIN ISLAND – A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.
30. FLOODPLAIN MANAGEMENT – Policy and procedures to ensure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.
31. FLOOD PROFILE – A graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river.
32. FLOODPROOFING – Any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage.
33. FLOOD PROTECTION ELEVATION – An elevation of two feet of freeboard above the Regional Flood Elevation. (Also see: FREEBOARD.)
34. FLOOD STORAGE – Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.
35. FLOODWAY – The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.
36. FREEBOARD – A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed.
37. HABITABLE STRUCTURE – Any structure or portion thereof used or designed for human habitation.
38. HEARING NOTICE – Publication or posting meeting the requirements of Ch. 985, Stats. For appeals, a Class 1 notice, published once at least one week (7 days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (7 days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums.
39. HIGH FLOOD DAMAGE POTENTIAL – Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents.
40. HIGHEST ADJACENT GRADE – The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
41. HISTORIC STRUCTURE – Any structure that is either: • Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; • Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; • Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or • Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs.
42. INCREASE IN REGIONAL FLOOD HEIGHT – A calculated upward rise in the regional flood elevation greater than 0.00 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge.
43. LAND USE – Any nonstructural use made of unimproved or improved real estate. (Also see DEVELOPMENT.)
44. LOWEST ADJACENT GRADE – Elevation of the lowest ground surface that touches any of the exterior walls of a building.
45. LOWEST FLOOR – The lowest floor of the lowest enclosed area (including basement).
46. MAINTENANCE – The act or process of ordinary upkeep and repairs, including redecorating, refinishing, nonstructural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems, or structures.
47. MANUFACTURED HOME – A structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle."
48. MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION – A parcel (or contiguous parcels) of land, divided into two or more manufactured home lots for rent or sale.
49. MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING – A parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this ordinance. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads.
50. MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING – The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring of concrete pads.
51. MOBILE RECREATIONAL VEHICLE – A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles."
52. MODEL, CORRECTED EFFECTIVE – A hydraulic engineering model that corrects any errors that occur in the Duplicate Effective Model, adds any additional cross sections to the Duplicate Effective Model, or incorporates more detailed topographic information than that used in the current effective model.
53. MODEL, DUPLICATE EFFECTIVE – A copy of the hydraulic analysis used in the effective FIS and referred to as the effective model.
54. MODEL, EFFECTIVE – The hydraulic engineering model that was used to produce the current effective Flood Insurance Study.
55. MODEL, EXISTING (PRE-PROJECT) – A modification of the Duplicate Effective Model or Corrected Effective Model to reflect any man-made modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, then this model would be identical to the Corrected Effective Model or Duplicate Effective Model.
56. MODEL, REVISED (POST-PROJECT) – A modification of the Existing or Pre-Project Conditions Model, Duplicate Effective Model or Corrected Effective Model to reflect revised or post-project conditions.
57. MUNICIPALITY or MUNICIPAL – The county, city or village governmental units enacting, administering, and enforcing this zoning ordinance.
58. NAVD or NORTH AMERICAN VERTICAL DATUM – Elevations referenced to mean sea level datum, 1988 adjustment.
59. NGVD or NATIONAL GEODETIC VERTICAL DATUM – Elevations referenced to mean sea level datum, 1929 adjustment.
60. NEW CONSTRUCTION – Structures for which the start of construction commenced on or after the effective date of a floodplain zoning regulation adopted by this community and includes any subsequent improvements to such structures.
61. NON-FLOOD DISASTER – A fire or an ice storm, tornado, windstorm, mudslide, or other destructive act of nature, but excludes a flood.
62. NONCONFORMING STRUCTURE – An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this ordinance for the area of the floodplain which it occupies. (For example, an existing residential structure in the floodfringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.)
63. NONCONFORMING USE – An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this ordinance for the area of the floodplain which it occupies. (Such as a residence in the floodway.)
64. OBSTRUCTION TO FLOW – Any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height.
65. OFFICIAL FLOODPLAIN ZONING MAP – That map, adopted and made part of this ordinance, as described in s. 1.5(2), which has been approved by the Department and FEMA.
66. OPEN SPACE USE – Those uses having a relatively low flood damage potential and not involving structures.
67. ORDINARY HIGHWATER MARK – The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
68. PERSON – An individual, or group of individuals, corporation, partnership, association, municipality, or state agency.
69. PRIVATE SEWAGE SYSTEM – A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Safety and Professional Services, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure, or a system located on a different parcel than the structure.
70. PUBLIC UTILITIES – Those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer, and storm sewer.
71. REASONABLY SAFE FROM FLOODING – Means base flood waters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings.
72. REGIONAL FLOOD – A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE.
73. START OF CONSTRUCTION – The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
74. STRUCTURE – Any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lakebed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts.
75. SUBDIVISION – Has the meaning given in s. 236.02(12), Wis. Stats.
76. SUBSTANTIAL DAMAGE – Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred.
77. SUBSTANTIAL IMPROVEMENT – Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure.
78. UNNECESSARY HARDSHIP – Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height, or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance.
79. VARIANCE – An authorization by the board of adjustment or appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the floodplain zoning ordinance.
80. VIOLATION – The failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.
81. WATERSHED – The entire region contributing runoff or surface water to a watercourse or body of water.
82. WATER SURFACE PROFILE – A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.
83. WELL – means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use.

(Ord. O-14-20, pt. XIII, 8-5-2014)

HISTORY
Amended by Ord. O-16-13 pts. IV—XX on 5/3/2016
Amended by Ord. O-17-19 pts. I, II on 7/5/2017
Amended by Ord. O-24-30 on 10/1/2024

24.13.020 Wetland Zoning

Applicability. The wetland zoning regulations of this section are applicable to the adoption, administration and enforcement of city wetland controls as established under Wisconsin Statutes 62.231 and 61.351. All such wetlands in Wauwatosa exist on lands under the ownership of Milwaukee County in the park and open space, the medical center and institution and the research park zoning districts. This section applies to those wetlands of 5 acres or more as shown on the Wisconsin Wetlands Inventory, Wisconsin Department of Natural Resources, July 27, 1988, Township 7 North, Range 21 east, Milwaukee County, Wisconsin.
Conditional Uses. Conditional uses allowed in the wetland district must be regulated by the city and include the following:
1. The construction and maintenance of nonresidential buildings provided that:
  1. The building is used solely in conjunction with the raising of waterfowl, minnows or other wetland or aquatic animals, or used solely for some other purpose which is compatible with wetland preservation;
  2. The building cannot as a practical matter be located outside the wetland;
  3. The building does not exceed 500 square feet in size; and
  4. No filling, flooding, draining, dredging, ditching, tiling or excavating is done, except limited filling and excavating necessary to provide structural support for the building.
2. Temporary water level stabilization measures to alleviate abnormally wet or dry conditions which would have an adverse impact on the conduct of silvicultural activities if not corrected; and
3. The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game farms and wildlife preserves, and public boat launching ramps, provided that:
  1. No filling or excavating is done except for limited filling and excavating necessary for the development of boat launching ramps, swimming beaches or the construction of park shelters or similar structures;
  2. Any private development allowed under this section must be used exclusively for the permitted purpose; and
  3. The construction and maintenance of roads necessary for the uses permitted under this subsection may be permitted.
4. The construction and maintenance of roads which are necessary for the continuity of the city street system, necessary for the provision of essential utility and emergency services, or necessary to provide access to uses permitted under this subsection, provided that:
  1. The road cannot, as a practical matter, be located outside of the wetland;
  2. The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland;
  3. The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;
  4. Road construction activities are carried out in the immediate area of the roadbed only; and
  5. Any filling, flooding, draining, ditching, tiling or excavating that is done must be necessary for the construction or maintenance of the road.
5. The maintenance and repair of existing nonagricultural drainage ditches, where permissible under Wisconsin Statutes Section 30.20, or of other existing nonagricultural drainage systems (such as tiling) to restore preexisting levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil; provided, that the filling is permissible under Wisconsin Statutes Chapter 30, and that dredged spoil is placed on existing spoil banks where possible.
6. The construction and maintenance of electric and telephone transmission lines and water, gas and sewer distribution lines, and related facilities, provided that:
  1. Such lines cannot as a practical matter be located outside the wetland, and
  2. Any filling, excavating, ditching or drainage necessary for such construction or maintenance is done in a matter designed to minimize the adverse impact upon the natural functions of the wetland.
Public Hearings.
1. Before making a decision on an appeal or application, the board of zoning appeals must, within a reasonable period of time, hold a public hearing. The board of zoning appeals must give public notice of the hearing by publishing a Class 2 notice under Ch. 985 Stats. specifying the date, time and place of the hearing and the matters to come before the board of zoning appeals. At the public hearing, any party may present testimony in person, by agent or by attorney.
2. A copy of such notice must be mailed to the parties in interest and the appropriate district office of the department at least 10 days prior to all public hearings on issues involving shoreland-wetland zoning.
Decisions.
1. The final disposition of an appeal or application for a use permit before the board of zoning appeals must be in the form of a written decision, made within a reasonable time after the public hearing and signed by the board chairperson. Such decision must state the specific facts which are the basis of the board of zoning appeals' determination and must either affirm, reverse or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution, or grant the application for a use.
2. A copy of such decision must be mailed to the parties in interest and the appropriate district office of the department within 10 days after the decision is issued.
Amendments. The municipal governing body may alter, supplement or change the district boundaries and the regulations contained in this section in accordance with the requirements of Section 62.23(7)(d)2., Wis. Stats., NR 117. Wis. Adm. Code, and the following:
1. A copy of each proposed text or map amendment must be submitted to the appropriate district office of the department within 5 days of the submission of the proposed amendment to the municipal planning agency.
2. All proposed text and map amendments to the shoreland-wetland zoning regulations must be referred to the municipal planning agency, and a public hearing must be held after Class II notice as required by Section 62.23(7)(d)2., Wis. Stats. The appropriate district office of the department must be provided with written notice of the public hearing at least 10 days prior to such hearing.
3. In order to ensure that this section remains consistent with the shoreland protection objectives of Section 144.26, Wis. Stats. the municipal governing body may not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:
  1. Storm and flood water storage capacity;
  2. Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;
  3. Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
  4. Shoreline protection against erosion;
  5. Fish spawning, breeding, nursery or feeding grounds;
  6. Wildlife habitat; or
  7. Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.
4. Where the district office of the department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Section 24.13.020E.3, the department must notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.
5. The appropriate district office of the department must be provided with:
  1. A copy of the recommendation and report, if any, of the municipal planning agency on a proposed text or map amendment, within 10 days after the submission of those recommendations to the municipal governing body, and
  2. Written notice of the action on the proposed text or map amendment within 10 days after the action is taken.
6. If the department notifies the municipal planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Section 24.13.020E.3, that proposed amendment, if approved by the municipal governing body, does not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the department, as required by Section 24.13.020E.5.b. If within the 30-day period, the department notifies the municipality that the department intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality as provided by Sections 62.231(6) and 61.351(6), Wis. Stats. the proposed amendment does not become effective until the ordinance adoption procedure under Section 62.231(6) or 61.351(6), Wis. Stats. is completed or otherwise terminated.

24.13.030 Erosion And Sedimentation Control

Authority.
1. This section is adopted under the authority granted by Section 62.234, Wisconsin Statutes for cities. This section supersedes all provisions of a section previously enacted under Section 62.23, Wisconsin Statutes that relate to construction site erosion control. Except as otherwise specified in the Section 62.23, Wisconsin Statutes, applies to this section and to any amendments to this section.
2. The provisions of this section are deemed not to limit any other lawful regulatory powers of the City of Wauwatosa.
3. The engineering services division is authorized and directed to administer all the provisions of this section relative to plan examination and the building and safety division is directed to issue permits and enforce all of the provisions of this section.
4. The requirements of this section do not pre-empt more stringent erosion and sediment control requirements that may be imposed by any of the following:
  1. Wisconsin Department of Natural Resources administrative rules, permits or approvals including those authorized under Sections 281.16 and 283.33, Wisconsin Statutes.
  2. Targeted nonagricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under Section NR 151.004, Wis. Adm. Code.
Findings of Fact. The City of Wauwatosa finds that runoff from land disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in the City of Wauwatosa.
Purpose. It is the purpose of this section 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 Wauwatosa.
Applicability and Jurisdiction.
1. Applicability. This chapter is applicable to the following sites of land development or land disturbing activities on lands within the boundaries and jurisdiction of the City of Wauwatosa:
  1. Any land disturbing construction activity of four thousand square feet or more;
  2. Those requiring a subdivision plat approval or the construction of houses or commercial, industrial or institutional buildings on lots of approved subdivision plats;
  3. Those requiring a certified survey approval or the construction of houses or commercial, industrial or institutional building on lots of approved certified surveys;
  4. Those involving grading, removal of protective ground cover or vegetation, demolition, excavation, land filling or other land disturbing activity affecting a surface area of four thousand square feet or more;
  5. Those involving excavation or filling or a combination of excavation and filling affecting four hundred cubic yards or more of dirt, sand or other excavation or fill material;
  6. Those involving street, highway, road, or bridge construction, enlargement, relocation and reconstruction;
  7. Those involving the laying, repairing, replacing or enlarging of an underground pipe or facility for a continuous distance of three hundred feet or more; and
  8. Those involving grading, removal of protective groundcover or vegetation, excavation, demolition, landfilling or other land disturbing activity on slopes of twelve percent or more.
2. Exemptions. This chapter does not apply to the following:
  1. 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.
  2. Land disturbing construction activity that includes the construction of a building and is otherwise regulated by the Wisconsin Department of Commerce under Section 21.125 or Section 50.115, Wis. Adm. Code.
  3. A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under chapter 40, Code of Federal Regulations, part 122, for land disturbing construction activity.
  4. Nonpoint discharges from agricultural facilities and practices.
  5. Nonpoint discharges from silviculture activities.
  6. Routine maintenance for project sites under five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
  7. Activities conducted by a state agency which is subject to the state plan promulgated or a memorandum of understanding entered into under Section 281.33(2), Wisconsin Statutes.
3. Public Safety Considerations. Notwithstanding the preceding applicability and exemption statements, this chapter also applies to construction sites of any size that, in the opinion of the department of development, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
4. Exclusions. This section is not applicable to activities conducted by a state agency, as defined under § 227.01 (1), Wis. Stats.
Definitions.
1. "Administering authority" means a governmental employee, or a regional planning commission empowered under § 62.234, Wis. Stats., that is designated by the City of Wauwatosa to administer this section.
2. "Agricultural facilities and practices" has the meaning in Section 281.16(1), Wisconsin Statutes.
3. "Agricultural land use" means use of land for planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or yarding of livestock.
4. "Average annual rainfall" means a typical calendar year of precipitation as determined by the department for users of models such as SLAMM, P8, or equivalent methodology. The average annual rainfall is chosen from a department publication for the location closest to the municipality.
5. "Best management practice" or "BMP" means a practice or combination of practices to control erosion and attendant pollution, as defined in the WDNR Technical Standards.
6. "Business day" or "working day" means a day the Wauwatosa Civic Center is routinely and customarily open for business.
7. "Cease and desist order" means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit.
8. "City personnel" or "authorized personnel" means employees or agents of the City of Wauwatosa authorized to implement provisions of this section.
9. "Construction site" means an area upon which one or more land disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land disturbing construction activities may be taking place at different times on different schedules but under one plan. A long-range planning document that describes separate construction projects, such as a 20-year transportation improvement plan, is not a common plan of development.
10. "Design Storm" means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall.
11. "Division of land" means the creation from one parcel of two or more parcels or building sites of two or fewer acres each in area where such creation occurs at one time or through the successive partition within a five-year period.
12. "Erosion" means the process by which the land's surface is worn away by the action of wind, water, ice or gravity.
13. "Erosion control plan" or "erosion control plan statement" means a written description of the number, locations, size, and other pertinent information about best management practices designed to meet the requirements of this chapter.
14. "Erosion and sediment control plan" means a comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
15. "Final stabilization" means that all land disturbing construction activities at the construction site have been completed and that a uniform perennial vegetative cover has been established, with a density of at least seventy percent of the cover, for the unpaved areas and areas not covered by permanent structures, or that employ equivalent permanent stabilization measures.
16. "Land development activity" means the construction or demolition of buildings, roads, parking lots, paved storage areas and similar facilities.
17. "Land disturbing activity" means any manmade change of the land surface including removing vegetation cover, excavating, filling and grading but not including agricultural land uses such as planting, growing, cultivating and harvesting of crops; growing and tending of gardens; and harvesting of trees.
18. "Land disturbing construction activity" means any manmade alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.
19. "Landowner" means any person holding title, an easement or other interest in property which allows the person to undertake land disturbing construction activity or maintenance of storm water BMPs on the property.
20. "Land user" means any person operating, leasing, renting or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.
21. "Maximum extent practicable" or "MEP" means the highest level of performance that is achievable but is not equivalent to a performance standard identified in this section. Maximum extent practicable applies when a person who is subject to a performance standard of this section demonstrates to the Director of Public Work'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.
22. "Performance standard" means a narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
23. "Permit" means a written authorization made by the City of Wauwatosa to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.
24. "Pollutant" has the meaning given in Section 283.01(13), Wisconsin Statutes.
25. "Pollution" has the meaning given in Section 281.01(10), Wisconsin Statutes.
26. "Responsible party" means any entity holding fee title to the property or performing services to meet the performance standards of this section through a contract or other agreement.
27. "Runoff" means stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
28. "Sediment" means settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.
29. "Separate storm sewer" means a conveyance or system of conveyances including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:
  1. Is designed or used for collecting water or conveying runoff;
  2. Is not part of a combined sewer system;
  3. Is not draining to a stormwater treatment device or system; and
  4. Discharges directly or indirectly to waters of the state.
30. "Silviculture activity" means activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.
31. "Site" means the entire area included in the legal description of the parcel or other land division on which the land development or land disturbing activity is proposed in the permit application.
32. "Stabilize" means to make the site steadfast or firm, minimizing soil movement by mulching and seeding, sodding, landscaping, concrete, gravel or other measure.
33. "Stop work order" means an order issued by the director of development which requires that all construction activity on the site be stopped.
34. "Technical standard" means a document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
35. "Transportation facility" means a highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes such as harbor improvements under § 85.095(1)(b), Wis. Stats. "Transportation facility" does not include building sites for the construction of public buildings and buildings that are places of employment that are regulated by the Department pursuant to § 281.33, Wis. Stats.
36. "Waters of the state" includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.
Technical Standards.
1. Design Criteria, Standards and Specifications. All BMPs required to comply with this section shall meet the 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.
2. Other Standards. Other technical standards not identified or developed in subsection F.1., may be used provided that the methods have been approved by the city.
Performance Standards.
1. Responsible Party. The responsible party shall implement an erosion and sediment control plan, developed in accordance with Section 24.13.030H. that incorporates the requirements of this section.
2. Plan. A written plan shall be developed in accordance with Section 24.13.030H. and implemented for each construction site.
3. Erosion and Other Pollutant Control Requirements. The plan required under subsection G.2., above, shall include the following:
  1. BMPs that, by design, discharge no more than 5 tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization.
  2. No person shall be required to exceed the requirements of this paragraph. Erosion and sediment control BMPs may be used alone or in combination to meet the requirements of this paragraph. Credit toward meeting the sediment reduction shall be given for limiting the duration or area, or both, of land disturbing construction activity, or other appropriate mechanism.
  3. Notwithstanding paragraph 3.a., or 3.b., if BMPs cannot be designed and implemented to reduce the sediment load as required on an average annual basis, the plan shall include a written and site-specific explanation as to why the goal is not attainable and the sediment load shall be reduced to the maximum extent practicable.
  4. Where appropriate, the plan shall include sediment controls to do all of the following to the maximum extent practicable:
    1. Prevent tracking of sediment from the construction site onto roads and other paved surfaces. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning, to the satisfaction of the city, before the end of each workday. Flushing may not be used unless sediment will be controlled by a sediment basin or other appropriate best management practice specified in the WDNR Technical Standards.
    2. Prevent the discharge of sediment as part of site dewatering. Water pumped from the site shall be treated by sediment basins or other appropriate best management practices specified in the WDNR Technical Standards. Water may not be discharged in a manner that causes erosion of the site, adjacent sites, or receiving channels.
    3. Protect all separate storm sewers and stormwater inlet structures from receiving sediment. All stormwater inlets shall be protected with a straw bale, filter fabric, or equivalent barrier as specified in the WDNR Technical Standards.
    4. The use, storage and disposal of chemicals, cement and other compounds and materials used on the construction site shall be managed during the construction period, to prevent their entrance into waters of the state. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials, or hazardous materials) shall be properly disposed and not allowed to be carried off-site by runoff or wind. 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 paragraph.
    5. Prevent discharge of sediment from disturbed areas into adjacent waters of the state.
    6. Prevent discharge of sediment from drainage ways that flow off the site.
    7. Prevent transport by runoff into waters of the state of untreated wash water from vehicle and wheel washing.
    8. All off-site sediment deposits occurring as a result of a storm event shall be cleaned up by the end of the next work day. All other off-site sediment deposits occurring as a result of construction activities shall be cleaned up by the end of the work day.
    9. Incorporate the following preventative measures:
      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 20% or more.
      4. Development of spill prevention and response procedures.
    10. The following criteria (paragraphs (A) through (F) of this subsection) apply only to the land development or land disturbing activities that result in runoff leaving the site:
      1. Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described in subsection (C), below. Sheet flow runoff from adjacent areas greater than ten thousand square feet in area shall also be diverted around disturbed areas unless shown to have resultant runoff velocities of less than 0.5 ft./sec. across the disturbed area for the ten-year, twenty-four-hour storm as defined in the WDNR Technical Standards. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. For allowable velocities in different types of channels, soil conservation service guidelines shall be followed.
      2. All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time.
      3. Runoff from the entire disturbed area on the site shall be controlled by meeting subsection (a) and either of subsection (b) or (c), below.
        All disturbed ground left inactive for seven or more days shall be stabilized by temporary or permanent seeding, temporary or permanent seeding and mulching, sodding, covering with tarps, or equivalent best management practices. If temporary seeding is used, a permanent cover shall also be required as part of the final site stabilization. Seeding or sodding shall be required as part of the final site stabilization. Seeding or sodding shall be conducted as specified in the WDNR Technical Standards or by the board of public works. Variances from the requirements of this subparagraph may be granted by the building regulations department upon application, but only if the failure to comply is due to extended periods of rain or other construction delays beyond the control of the responsible party.
        For sites with ten or more acres disturbed at one time, or if a channel originates in the disturbed area, one or more sediment basins shall be constructed. Each sediment basin shall be designed and constructed as specified in the WDNR Technical Standards.
        For sites with less than ten acres disturbed at one time, filter fences, straw bales, or equivalent best management practices shall be placed along all sideslope and downslope sides of the site. If a channel or area of concentrated runoff passes through the site, filter fences shall be placed along the channel edges to reduce sediment reaching the channel.
      4. Sites with slopes of twelve percent or more may require additional or different controls than listed in subsection (C), above. Requirements for such slopes shall be as specified by the board of public works.
      5. Wherever possible, soil or dirt storage piles shall be located a minimum of twenty-five feet from any downslope road, lake, stream, wetland, or drainage channel. Straw bale or filter fabric fences shall be placed on the downslope side of the piles. If remaining for more than seven days, piles shall be stabilized by mulching, vegetative cover, tarps or other means. The board of public works may require additional or different best management practices for piles located closer than twenty-five feet to a road, lake, stream, wetland or drainage channel.
      6. When the disturbed area has been stabilized by permanent vegetation or other means, temporary best management practices such as filter fabric fences, straw bales, sediment and sediment traps shall be removed.
4. Location. The BMPs used to comply with this section shall be located prior to runoff entering waters of the state.
5. Implementation.
  1. Erosion and sediment control practices must be constructed or installed in accordance with the erosion control plan before land disturbing construction activities begin.
  2. Final stabilization must commence when land disturbing construction activities cease and final grade has been reached on any portion of the site.
6. Alternate Requirements. The City of Wauwatosa may establish stormwater management requirements more stringent than those set forth in this section if the City of Wauwatosa determines that an added level of protection is needed for sensitive resources.
Permits. No landowner or land user may commence a land development or land disturbing activity subject to this chapter without receiving prior approval of an erosion control plan for the site from the engineering services division and a permit from the building and safety division. At least one landowner or land user controlling or using the site and desiring to undertake a land development or land disturbing activity subject to this chapter shall submit an application for an erosion control permit and a control plan and pay a fee, as outlined in the city consolidated fee schedule. By submitting an application, the applicant is authorizing the city or other agent authorized by the city to enter the site to obtain information required for the review of the erosion control plan.
1. Plans Covering One or More Acres. Erosion control plans for land development and land disturbing activities covering one or more acres 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. Existing Site Map. A map of existing site conditions on a scale of at least one inch equals one hundred feet showing the site and immediately adjacent areas extending at least two hundred feet in each direction:
    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.
    5. Calculations to show the compliance with the performance standard in subsection G.3.a.
    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.
  2. Plan of Final Site Conditions. A plan of final site conditions on the same scale as the existing site map showing the site changes.
  3. Site Construction Plan. A site construction plan including:
    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 flood plains, 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 storm water is discharged to a surface water or wetland within one-quarter mile downstream of the construction site.
    9. Areas(s) used for infiltration of post-construction storm water runoff.
    10. An alphanumeric or equivalent grid overlying the entire construction site map.
  4. 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 engineering services division, 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 drainage ways.
    11. Installation of permanent stabilization practices as soon as possible after final grading.
    12. Minimization of dust to the maximum extent practicable.
  5. 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 non-erosive flow from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected.
2. Erosion and Sediment Control Plan Amendments. The applicant shall amend the erosion and sediment control plan if any of the following occur:
  1. There is a change in design, construction, operation or maintenance at the site which has the reasonable potential for the discharge of pollutants to waters of the state and which has not otherwise been addressed in the erosion and sediment control plan.
  2. The actions required by the erosion and sediment control plan fail to reduce the impacts of pollutants carried by construction site runoff.
  3. The engineering services division notifies the applicant of changes needed in the erosion and sediment control plan.
3. Plans Covering Less than One Acre. Erosion control plans for land development and land disturbing activities covering less than one acre must include the following information:
  1. Property boundaries and area to be disturbed;
  2. Direction of slopes before and after development;
  3. Existing and proposed buildings and other improvements;
  4. Size of upslope drainage areas;
  5. Development schedule;
  6. Best management practices necessary to meet the requirements of this chapter;
  7. Description of vegetation and other materials to be used to stabilize the site including a schedule for installation and maintenance; and
  8. Name, address and daytime telephone number of the applicant and the person responsible for maintenance of best management practices.
4. Review of Erosion Control Plans.
  1. Plans Covering One or More Acres. Within thirty working days of receipt of the application, control plan, and fee, the board of public works shall review the application and control plan to determine if the requirements of this chapter are met. The board of public works may request comments from other agencies. If the requirements of this chapter are met, the board of public works shall approve the plan, inform the applicant and approve the issuance of a permit. If the conditions are not met, the board of public works shall inform the applicants in writing and may either require needed information or disapprove the plan. Within thirty working days of receipt of needed information, the board of public works shall again determine if the plan meets the requirements of this chapter. If the plan is disapproved, the board of public works shall inform the applicant in writing of the reasons for disapproval.
  2. Plans Covering Less than One Acre. Within ten working days of receipt of the application, control plan, and fee, the building regulations department shall review the application and control plan statement to determine if requirements of this chapter are met. The building regulations department may request comments from other staff or agencies. If the requirements of this chapter are met, the building regulations department shall approve the plan, inform the applicant and issue a permit. If the conditions are not met, the building regulations department shall inform the applicant in writing and may either require needed information or disapprove the plan. Within ten working days of receipt of needed information, the building regulations department shall again determine if the plan meets the requirements of this chapter. If the plan is disapproved, the building regulations department shall inform the applicant in writing of the reasons for disapproval.
5. Erosion Control Permits.
  1. Required. No building permit or footing and foundation permit may be issued for a site subject to this section without an erosion control permit.
  2. Duration. Erosion control permits shall be valid for a period of one hundred eighty days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The building regulations department may extend the period one or more times for up to an additional one hundred eighty days. The building regulations department may require additional best management practices as a condition of the extension if they are necessary to meet the requirements of this chapter.
  3. Surety Bond. As a condition of approval and issuance of the permit, the city shall require the applicant to deposit a surety bond, irrevocable letter of credit, or cash escrow to guarantee a good faith execution of the approved erosion control plan and any permit conditions.
  4. Permit Conditions. All erosion control permits shall require the permittee to:
    1. Notify the city within two working days of commencing any land development and land disturbing activity;
    2. Notify the city of completion of any best management practices within the next working day after their installation;
    3. Obtain permission in writing from the building regulations department prior to modifying the erosion control plan;
    4. Install all best management practices as identified in the approved erosion control plan;
    5. Maintain all road drainage systems, stormwater drainage systems, best management practices and other facilities identified in the erosion control plan;
    6. Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land development or land disturbing activities;
    7. Inspect the BMPs within twenty-four hours after each rain of 0.5 inches or more which results in runoff during active construction periods, and at least once each week make needed repairs and document the findings of the inspections in a site erosion control log with the date of inspection, the name of the person conducting the inspection, and a description of the present phase of the construction at the site;
    8. Allow city personnel or other agents authorized by the city to enter the site for the purpose of inspecting compliance with the erosion control plan or for performing any work necessary to bring the site into compliance with the erosion control plan; and
    9. Keep a copy of the erosion control plan on the site.
Fee Schedule. The fees referred to in this section shall be as established by the City of Wauwatosa and outlined in the city consolidated fee schedule.
Inspection. If land disturbing construction activities are being carried out without a permit required by this section, an inspector of the City of Wauwatosa may enter the land pursuant to an inspection warrant as provided for in Sections 66.0119(1), (2), and (3), Wisconsin Statutes.
Enforcement.
1. The building and safety division may post a stop-work order if any of the following occurs:
  1. Any land disturbing construction activity regulated under this section is being undertaken without a permit.
  2. The erosion and sediment control plan is not being implemented in a good faith manner.
  3. The conditions of the permit are not being met.
2. 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 building and safety division may revoke the permit.
3. If the responsible party, where no permit has been issued, does not cease the activity after being notified by the city's building and safety division, or if a responsible party violates a stop-work order posted under subsection 1., the building and safety division may request the city attorney to obtain a cease and desist order in any court with jurisdiction.
4. The building and safety division may retract the stop-work order issued under subsection 1. or the permit revocation under subsection 2.
5. After posting a stop-work order under subsection 1., the building and safety division may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this section. The building and safety division 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 of Wauwatosa, plus interest at the rate authorized by the City of Wauwatosa 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 Subchapter VII of Chapter 66, Wisconsin Statutes.
6. Any person violating any of the provisions of this section shall be subject to a forfeiture of not less than one hundred dollars nor more than one thousand dollars and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.
7. 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 injunction proceedings.
Appeals.
1. Board of Public Works. The Board of Public Works created pursuant to Section 62.14, Wisconsin Statutes:
  1. Shall hear and decide appeals where it is alleged that there is error in any orders, requirements, decisions or interpretations made by the engineering services division or the building and safety division in administering this section except for cease and desist orders obtained under Section 24.13.030K.
  2. Upon appeal, may authorize variances from the provisions of this section which are not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of the section will result in unnecessary hardship; and
  3. Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.
2. Who May Appeal. Any person aggrieved by orders, requirements, decisions or interpretations made by the engineering services division or the building and safety division may, within fifteen days from the date of said orders, requirements, decisions or interpretations serve written notice upon the chief building official and file an application of appeal to the board of public works.
Severability.
1. If a court of competent jurisdiction judges any section, clause, provision or portion of this ordinance unconstitutional or invalid, the remainder of the ordinance shall remain in force and not be affected by such judgment.

HISTORY
Adopted by Ord. O-16-15 pt. I on 5/3/2016
Amended by Ord. O-16-39 pts. I, II on 12/6/2016

24.13.040 Stormwater Management

Authority.
1. This section is adopted by the common council under the authority granted by § 62.234, Wis. Stats. This section supersedes all provisions of an ordinance previously enacted under § 62.23, Wis. Stats., that relate to storm water management regulations. Except as otherwise specified in § 62.234, Wis. Stats., § 62.23, Wis. Stats., applies to this section and to any amendments to this section.
2. The provisions of this section are deemed not to limit any other lawful regulatory powers of the same governing body.
3. The common council hereby designates the engineering services division to administer and enforce the provisions of this section.
4. The requirements of this section do not pre-empt more stringent storm water management requirements that may be imposed by any of the following:
  1. Wisconsin Department of Natural Resources administrative rules, permits or approvals including those authorized under §§ 281.16 and 283.33, Wis. Stats.
  2. Targeted non-agricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Adm. Code.
Findings of Fact. The common council finds that uncontrolled 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. Due to capacity limitations of the stormwater and combined sewer systems in the City of Wauwatosa, reduction of stormwater runoff quantity must be of the highest high priority in the policies of the City of Wauwatosa. Specifically, uncontrolled 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, drainage ways, and other minor drainage facilities;
6. Threaten public health, safety, property and general welfare by increasing major flood peaks and volumes;
7. Undermine floodplain management efforts by increasing the incidence and levels of flooding; and
8. Aggravate excessive infiltration and inflow of water into sanitary sewer connections during peak storm events causing the conveyance system to surcharge, overflow or backup into basements.
Purpose. This chapter integrates federal and state construction post-construction site stormwater quality standards with duties to reasonably manage the quantity of water run-off for regional flood abatement. This chapter implements the Milwaukee Metropolitan Sewerage District rules on release rates for development creating more than a de minimis amount of new impervious surface, to reduce the probability of increased regional floods as the metropolitan area approaches full build-out forecast for 2050.
Applicability.
1. The water quality management requirements of this chapter apply to property development disturbing one or more acres.
2. The water quantity management requirements of this chapter apply to development that increases impervious surface by one-half or more acres.
3. A site meeting any one of the following criteria is exempt from stormwater quality requirements.
  1. A post-construction site with less than ten percent directly connected impervious area (DCIA) based on complete development of the post-construction site, provided the cumulative area of all parking lots and rooftops is less than one acre.
  2. Nonpoint discharges from agricultural facilities and practices.
  3. Nonpoint discharges from silviculture activities.
  4. Routine maintenance for project sites under five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
  5. Underground utility construction such as water, sewer and fiberoptic lines. This exemption does not apply to the construction of any above ground structures associated with utility construction.
4. Water quantity management requirements do not apply if:
  1. The development is exclusively residential, the net increase in the area of impervious surface is less than twenty percent of the area of the site; and each boundary of the site is contiguous to: sites that contain earlier development served by sanitary sewers, streets, or public water supply at the time the city receives the plans for the new development or parkland; or other public land, a utility right-of-way, or a watercourse; or,
  2. Sites where the area of post-construction impervious surface will be five percent or less of the total area of the site;
  3. Recreational trails if the trail is less than or equal to ten feet in width and has a continuous pervious buffer at least five feet wide on each side, disregarding interruption by streets, driveways, or other impervious surfaces crossing the trail.
  4. Notwithstanding the applicability requirements in paragraph (a), this chapter applies to a post-construction site of any size that, in the opinion of the city engineer, is likely to result in runoff that exceeds the capacity of the existing drainage facilities or the level of flooding protection in a watercourse that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
5. County, state and federal agencies undertaking projects within the City of Wauwatosa, in the event that such project is not otherwise subject to the provisions of this chapter, should design and incorporate best management practices for surface water quality and stormwater quantity management for new impervious surfaces. The runoff management techniques should be the same as flood abatement plans and techniques utilized elsewhere in the watershed. The lead agency preparing an environmental assessment for a federal or state project shall identify and inform the city of the mitigating runoff management techniques to prevent increases in peak flood flows from new impervious areas.
6. Persons exempted from the provision of this chapter shall, upon request, provide such reasons in writing to the engineering services division. In such submissions or exemption requests, maps and calculations of changes in impervious surface area over the entire site shall be included.
Definitions.
1. "Adequate sod, or self-sustaining vegetative cover" means maintenance of sufficient vegetation types and densities such that the physical integrity of the streambank or lakeshore is preserved. Self-sustaining vegetative cover includes grasses, forbs, sedges and duff layers of fallen leaves and woody debris.
2. "Agricultural facilities and practices" has the meaning given in § 281.16(1), Wis. Stats.
3. "Atlas 14" means the National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Precipitation-Frequency Atlas of the United States, Volume 8 (Midwestern States), published in 2013.
4. "Average annual rainfall" means a typical calendar year of precipitation as determined by the department for users of models such as SLAMM, P8, or equivalent methodology. The average annual rainfall is chosen from a department publication for the location closest to the municipality.
5. "Best management practice" or "BMP" means structural or non-structural measures, practices, techniques or devices employed to:
  1. Avoid or minimize sediment or pollutants carried in runoff to waters of the state; or
  2. Manage the rate or volume of runoff.
6. "Cease and desist order" means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the city engineer.
7. "Connected imperviousness" means an impervious surface connected to the waters of the state via a separate storm sewer, an impervious flow path, or a minimally pervious flow path.
8. "Critical time" means the period starting at the time of peak rainfall intensity with duration equal to the time of concentration of the watershed.
9. "Design storm" means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.
10. "Development" means construction of residential, commercial, industrial or institutional land uses and associated roads, including re-development.
11. "Direct conduits to groundwater" means wells, sinkholes, swallets, fractured bedrock at the surface, mine shafts, non-metallic mines, tile inlets discharging to groundwater, quarries, or depressional groundwater recharge areas over shallow fractured bedrock.
12. "City engineer" means the city engineer for the City of Wauwatosa or a designee of the city engineer.
13. "Effective infiltration area" means the area of the infiltration system that is used to infiltrate runoff and does not include the area used for site access, berms or pretreatment.
14. "Erosion" means the process by which the land's surface is worn away by the action of wind, water, ice or gravity.
15. "Exceptional resource waters" means waters listed in Section NR 102.11, Wis. Adm. Code.
16. "Existing development" means development in existence on October 1, 2004, or development for which a notice of intent to apply for a storm water permit in accordance with subch. III of ch. NR 216 was received by the Wisconsin Department of Natural Resources or the department of commerce on or before October 1, 2004.
17. "Filtering layer" means soil that has at least a 3-foot deep layer with at least 20 percent fines; or at least a 5-foot deep layer with at least 10 percent fines; or an engineered soil with an equivalent level of protection as determined by the regulatory authority for the site.
18. "Final stabilization" means that all land disturbing construction activities at the construction site have been completed and that a uniform, perennial, vegetative cover has been established, with a density of at least seventy percent of the cover, for the unpaved areas and areas not covered by permanent structures, or employment of equivalent permanent stabilization measures.
19. "Impaired water" means a waterbody impaired in whole or in part and listed by the department pursuant to 33 USC 1313 (d)(1)(A) and 40 CFR 130.7 , for not meeting a water quality standard, including a water quality standard for a specific substance or the waterbody's designated use.
20. "Impervious surface" means an area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. Rooftops, sidewalks, driveways, gravel or paved parking lots, and streets are examples of surfaces that typically are impervious.
21. "In-fill area" means an undeveloped area of land located within an existing urban sewer service area, surrounded by development or development and natural or man-made features where development cannot occur. "In-fill" does not include any undeveloped area that was part of a larger new development for which a notice of intent to apply for a storm water permit in accordance with subch. III of ch. NR 216 was required to be submitted after October 1, 2004, to the Wisconsin Department of Natural Resources or the department of commerce.
22. "Infiltration" means the entry of precipitation or runoff into or through the soil.
23. "Infiltration system" means a device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or road side channels designed for conveyance and pollutant removal only.
24. "Karst feature" means an area or surficial geologic feature subject to bedrock dissolution so that it is likely to provide a conduit to groundwater, and may include caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs, seeps or swallets.
25. "Land disturbing construction activity" means any manmade alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.
26. "Maintenance agreement" means a legal document that provides for long-term maintenance of stormwater management practices.
27. "MEP" or "maximum extent practicable" applies when a person who is subject to a performance standard specified in this section demonstrates 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, an applicant 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.
28. "New development" means development resulting from the conversion of previously undeveloped or agricultural land uses.
29. "Off-site" means located outside the property boundary described in the permit application.
30. "On-site" means located within the property boundary described in the permit application.
31. "Ordinary high-water mark" has the meaning given in Section NR 115.03(6), Wis. Adm. Code.
32. "Outstanding resource waters" means waters listed in Section NR 102.10, Wis. Adm. Code.
33. "Percent fines" means the percentage of a given sample of soil, which passes through a number two hundred sieve.
34. "Performance standard" means a narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
35. "Permit" means a written authorization made by the city engineer to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.
36. "Pervious surface" means an area that releases as runoff a small portion of the precipitation that falls on it. Lawns, gardens, parks, forests or other similar vegetated areas are examples of surfaces that typically are pervious.
37. "Pollutant" has the meaning given in Section 283.01(13), Wisconsin Statutes.
38. "Pollution" has the meaning given in Section 281.01(10), Wisconsin Statutes.
39. "Post-construction site" means a construction site following the completion of land disturbing construction activity and final site stabilization.
40. "Pre-development condition" means the extent and distribution of land cover types present before the initiation of land disturbing construction activity, assuming that all land uses prior to development activity are managed in an environmentally sound manner.
41. "Preventive action limit" has the meaning given in Section NR 140.05(17), Wis. Adm. Code.
42. "Recreational trail" means a path that is:
  1. Distinctly set apart from a roadway, street, or sidewalk;
  2. Designed for activities such as jogging, walking, hiking, bird-watching, bicycle riding, roller skating, or similar recreational activities not involving the use of motorized vehicles; and
  3. Not a sidewalk according to Section 340.01(58), Wisconsin Statutes.
43. "Regional flood" means the peak flow and peak elevation of water with a one percent probability of occurring during any one year, considering rainfall time and intensity patterns, rainfall duration, area distribution, antecedent moisture, and snow melt.
44. "Redevelopment" means new construction, modification or replacement of older development.
45. "Responsible party" means any entity holding fee title to the property or other person contracted or obligated by other agreement to implement and maintain post-construction stormwater BMPs.
46. "Runoff" means stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
47. "Separate Storm Sewer" means a conveyance or system of conveyances including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:
  1. Is designed or used for collecting water or conveying runoff.
  2. Is not part of a combined sewer system.
  3. Is not part of a publicly owned wastewater treatment works that provides secondary or more stringent treatment.
48. "Silviculture activity" means activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.
49. "Site" means the entire parcel included in the legal description of the land on which the land disturbing construction activity occurred.
50. "Stop work order" means an order issued by the city engineer which requires that all construction activity on the site be stopped.
51. "Stormwater management plan" means a comprehensive plan designed to reduce the discharge of pollutants from stormwater after the site has under gone final stabilization following completion of the construction activity.
52. "Stormwater management system plan" is a comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.
53. "Technical standard" means a document that specifies design, predicted performance and operation and specifications for a material, device or method.
54. "Time of concentration" means the time period for the furthest runoff from the outlet of a watershed to contribute to flow at the watershed outlet.
55. "Top of the channel" means an edge, or point on the landscape, landward from the ordinary high water mark of a surface water of the state, where the slope of the land begins to be less than twelve percent continually for at least fifty feet. If the slope of the land is twelve percent or less continually for the initial fifty feet, landward from the ordinary high water mark, the top of the channel is the ordinary high water mark.
56. "Total maximum daily load" or "TMDL" means the amount of pollutants specified as a function of one or more water quality parameters, that can be discharged per day into a water quality limited segment and still ensure attainment of the applicable water quality standard.
57. "TP" means total phosphorus.
58. "TP-40" means Technical Paper No. 40, Rainfall Frequency Atlas of the United States, published in 1961.
59. "TR-55" means the United States Department of Agriculture, Natural Resources Conservation Service (previously Soil Conservation Service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986.
60. "Transportation Facility" means a highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes such as harbor improvements under § 85.095(1)(b), Wis. Stats. "Transportation facility" does not include building sites for the construction of public buildings and buildings that are places of employment that are regulated by the Department pursuant to § 281.33, Wis. Stats.
61. "TSS" means total suspended solids.
62. "Type II distribution" means a rainfall type curve as established in the "United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published 1973". The Type II curve is applicable.
63. "Water quality management" means the stormwater standards and duties established under the Clean Water Act, 33 U.S.C. 1251 et seq., parallel Wisconsin laws regulating the discharge of pollutants, and implementing regulations.
64. "Water quantity management" means stormwater duties and practices to abate peak flood flows during regional storm events pursuant to Chapter 13 of the Milwaukee Metropolitan Sewerage District rules as implemented and enforced by this municipality.
65. "Waters of the State" include those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.
Technical Standards. The following methods shall be used in designing the water quality, peak flow shaving and infiltration components of stormwater practices needed to meet the requirements of this chapter:
1. 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.
3. The most recent rainfall data available from the Southeastern Wisconsin Regional Planning Commission or more protective data shall be the basis for the analyses required by this chapter.

Performance Standards.

Responsible Party. The responsible party shall implement a post-construction stormwater management plan that incorporates the requirements of this section.
Plan. A written stormwater quality and quantity management plan in accordance with Section 24.13.040I. shall be developed and implemented for each post-construction site.
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 and report total phosphorus 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.

Requirements. The stormwater quality and quantity management plan shall include the following:

Table 13.040-1. TSS Reduction Standards and TP Reporting
Development Type	TSS Reduction	TP Reduction
New Development	80 percent	Report associated reduction
In-fill development	80 percent	Report associated reduction	Report associated reduction
Redevelopment	40 percent of load from parking areas and roads

Maximum Extent Practicable. If the design cannot meet a total suspended solids reduction performance standard of Table 13.040-1, the storm water 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.
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.

Water Quantity and Management of Peak Runoff.
1. BMPs shall be utilized to manage the volume, timing, and peak flow rate of runoff to prevent increases in the regional flood and stream bank erosion rates.
2. These BMPs shall be implemented on an individual site basis.
3. For the one-year, twenty-four-hour and two-year, twenty-four-hour design storm, BMPs shall be designed to either: maintain or reduce the peak runoff discharge rates, to the maximum extent practicable, as compared to pre-development conditions or achieve a maximum runoff release rate of 0.15 cubic feet per second per acre, whichever is more stringent.
4. Pre-development conditions shall assume "good hydrologic conditions" for appropriate land covers as identified in TR-55 or an equivalent methodology. The meaning of "hydrologic soil group" and "runoff curve number" are as determined in TR-55. However, when pre-development land cover is cropland, rather than using TR-55 values for cropland, the runoff curve numbers in Table 13.040-2 shall be used. 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 engineering services division may allow the use of TP-40 precipitation depths and the Type II distribution.
  
  Table 13.040-2. qc> 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
5. For the one percent/one-hundred-year, twenty-four-hour design storm, BMPs shall be designed to achieve a runoff release rate that is less than or equal to either:
  1. 0.5 cubic feet per second per acre; or
  2. A rate determined for the individual site that distributes runoff over the critical time sufficient to comply with the regulations of this section.
6. This subsection of the section does not apply to any of the following:
  1. A post-construction site where the discharge is directly into a lake over 5,000 acres or a stream or river segment draining more than 500 square miles.
  2. Except as provided under section 16.13.040.G.3, a redevelopment post-construction site.
  3. An in-fill development area less than 5 acres.
Infiltration. BMPs shall be designed, installed, and maintained to infiltrate runoff to the maximum extent practicable in accordance with the following, except as provided in paragraphs (5) through (7), below:
1. For developments with up to forty percent connected imperviousness, one of the following shall be met:
  1. Infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 90% of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than one percent of the project site is required as an effective infiltration area.
  2. Infiltrate twenty-five percent of the post-development runoff from the two-year/twenty-four-hour design storm with a type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than one percent of the project site is required as an effective infiltration area.
2. For developments with more than 40% and up to 80% connected imperviousness one of the following shall be met:
  1. Infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least seventy-five percent of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than two percent of the project site is required as an effective infiltration area.
  2. Infiltrate ten percent of the runoff from the two-year/twenty-four-hour design storm with a type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes, and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than two percent of the project site is required as an effective infiltration area.
3. For developments with more than 80% connected imperviousness one of the following shall be met:
  1. Infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least sixty percent of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than two percent of the project site is required as an effective infiltration area.
  2. Infiltrate ten percent of the runoff from the two-year/twenty-four-hour design storm with a type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes, and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than two percent of the project site is required as an effective infiltration area.
4. Pre-development condition shall be the same as in paragraph (B).
5. 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 paragraph (7), below. Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
6. The following areas must meet more stringent standards otherwise applicable under federal or state law:
  1. Areas associated with tier 1 industrial facilities identified in Section NR 216.21(2)(a), Wis. Adm. Code, including storage, loading, rooftop and parking.
  2. Storage and loading areas of tier 2 industrial facilities identified in Section NR 216.21(2)(b), Wis. Adm. Code.
  3. Fueling and vehicle maintenance areas.
  4. Areas within 1,000 feet upgradient or within 100 feet downgradient of karst features.
  5. Areas with less than 3 feet separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock, except this subparagraph (6)(E) does not prohibit infiltration of roof runoff.
  6. Areas with runoff from industrial, commercial and institutional parking lots and roads and residential arterial roads with less than five feet separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock.
  7. Areas within four hundred feet of a community water system well as specified in Section NR 811.16(4), Wis. Adm. Code, or within one hundred feet of a private well as specified in Section NR 812.08(4), Wis. Adm. Code, for runoff infiltrated from commercial, industrial and institutional land uses or regional devices for residential development.
  8. Areas where contaminants of concern, as defined in Section NR 720.03(2), Wis. Adm. Code are present in the soil through which infiltration will occur.
  9. Any area where the soil does not exhibit one of the following soil characteristics between the bottom of the infiltration system and the seasonal high groundwater and top of bedrock: at least a three-foot soil layer with twenty percent fines or greater; or at least a five-foot soil layer with ten percent fines or greater. This does not apply where the soil medium within the infiltration system provides an equivalent level of protection. This shall not be construed to prohibit infiltration of roof runoff.
7. The following are not required to meet the requirements of this paragraph:
  1. Areas where the infiltration rate of the soil is less than 0.6 inches/hour measured at the site.
  2. Parking areas and access roads less than five thousand square feet for commercial and industrial development.
  3. Redevelopment post-construction sites.
  4. Infiltration areas during periods when the soil on the site is frozen.
  5. Roads in commercial, industrial and institutional land uses, and arterial residential roads.
  6. Where the least permeable soil horizon to 5 feet below the proposed bottom of the infiltration system using the U.S. Department of Agriculture method of soils analysis is one of the following: sandy clay loam, clay loam, silty clay loam, sandy clay, silty clay, or clay.
8. Infiltration systems designed in accordance with this paragraph 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 Chapter NR 140, Wis. Adm. Code. However, if site specific information indicates that compliance with a preventive action limit is not achievable, the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable. The requirements of this paragraph notwithstanding, the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
Protective Areas.
1. "Protective area" means an area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. However, in this paragraph, "protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location.
  1. For outstanding resource waters and exceptional resource waters, and for wetlands in areas of special natural resource interest as specified in Section NR 103.04, seventy-five feet.
  2. For perennial and intermittent streams identified on a United States geological survey seven and one-half-minute series topographic map, or a county soil survey map, whichever is more current, fifty feet.
  3. For lakes, fifty feet.
  4. For wetlands not subject to part (E) or (F), 50 feet.
  5. For highly susceptible wetlands, seventy five feet. Highly susceptible wetlands include the following types: calcareous fens, sedge meadows, open and coniferous bogs, low prairies, conifer swamps, shrub swamps, lowland hardwood swamps, ephemeral ponds, other forested wetlands, fresh wet meadows, shallow marshes, deep marshes and seasonally flooded basins. Wetland boundary delineations shall be made in accordance with Section NR 103.08(1m). This paragraph does not apply to wetlands that have been completely filled in accordance with all applicable state and federal regulations. The protective area for wetlands that have been partially filled in accordance with all applicable state and federal regulations shall be measured from the wetland boundary delineation after fill has been placed.
  6. For less susceptible wetlands, ten percent of the average wetland width, but no less than ten feet nor more than thirty feet. Less susceptible wetlands include degraded wetlands dominated by invasive species such as reed canary grass; cultivated hydric soils; and any gravel pits, or dredged material or fill material disposal sites that take on the attributes of a wetland.
  7. In preceding paragraphs (1)(A), (1)(D) and (1)(E), 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 Section NR 103.03.
  8. For concentrated flow channels with drainage areas greater than one hundred thirty acres, ten feet.
2. This paragraph applies to post-construction sites located within a protective area, except those areas expressly exempted.
3. The following requirements shall be met:
  1. Impervious surfaces shall be kept out of the protective area to the maximum extent practicable. The stormwater management plan shall contain a written site-specific explanation for any parts of the protective area that are disturbed during construction.
  2. Where land disturbing construction activity occurs within a protective area, and where no impervious surface is present, adequate sod or self-sustaining vegetative cover of seventy percent or greater shall be established and maintained. The adequate sod or self-sustaining vegetative cover shall be sufficient to provide for bank stability, maintenance of fish habitat and filtering of pollutants from upslope overland flow areas under sheet flow conditions. Nonvegetative materials, such as rock riprap, may be employed on the bank as necessary to prevent erosion, such as on steep slopes or where high velocity flows occur.
  3. Best management practices such as filter strips, swales, or wet detention basins, designed to control pollutants from non-point sources may be located in the protective area.
4. This paragraph does not apply to:
  1. Redevelopment post-construction sites.
  2. Structures that cross or access surface waters such as boat landings, bridges and culverts.
  3. Structures constructed in accordance with Section 59.692(1v), Wisconsin Statutes.
  4. Post-construction sites from which runoff does not enter the surface water, except to the extent that vegetative ground cover is necessary to maintain bank stability.
Fueling and Vehicle Maintenance Areas. Fueling and vehicle maintenance areas shall, to the maximum extent practicable, have BMPs designed, installed and maintained to reduce petroleum within runoff, such that the runoff that enters waters of the state contains no visible petroleum sheen.
Swale Treatment for Transportation Facilities.
1. Except as provided in paragraph (2) below, transportation facilities that use swales for runoff conveyance and pollutant removal meet all of the requirements of this section, if the swales are designed to the maximum extent practicable to do all of the following:
  1. Be vegetated. However, where appropriate, nonvegetative measures may be employed to prevent erosion or provide for runoff treatment, such as rock riprap stabilization or check dams.
  2. Carry runoff through a swale for two hundred feet or more in length that is designed with a flow velocity no greater than one and one-half feet per second based on a two-year, twenty-four-hour design storm. If a swale of two hundred feet in length cannot be designed with a flow velocity of one and one-half feet per second or less, then the flow velocity shall be reduced to the maximum extent practicable.
2. The city engineer may, consistent with water quality standards, require other provisions of this section be met on a transportation facility with an average daily travel of more than two thousand five hundred vehicles and where the initial surface water of the state that the runoff directly enters is any of the following:
  1. An outstanding resource water.
  2. An exceptional resource water.
  3. Waters listed in Section 303(d) of the Federal Clean Water Act that are identified as impaired in whole or in part, due to nonpoint source impacts.
  4. Waters where targeted performance standards are developed under Section NR 151.004, Wis. Adm. Code, to meet water quality standards.
Addressing Wildlife Attractants for Aviation Safety. Wet detention ponds are designed and constructed to maintain a permanent pool of water and are an attractant to Canada Geese. Preferred storm water control practices include the following design features to minimize the potential to attract Canada Geese:
1. No above ground permanent standing water or pool areas.
2. No more than 48 hours of above ground water ponding after the cessation of a rain event.
3. Turf establishment in and around the practice using high-endophyte infected tall fescue varieties of grasses.
4. Alternative storm water control practices that can typically be designed to meet the above listed criteria include biofiltration basins or swales, infiltration basins or trenches, permeable pavement, vegetated swales or filter strips, and underground detention or treatment structures.
5. If a wet detention pond must be used, the following design features should be considered:
  1. Create uniform shorelines with no irregular edges.
  2. Use long, narrow pond configurations with steep side slopes that are hard armored (e.g., rip rap).
  3. If vegetation establishment on the pond side slopes is necessary, specify high-endophyte infected tall fescue varieties of grasses. This vegetation should extend at least 15 feet upslope from the normal water level and be allowed to grow as tall (greater than 30 inches) and thick as possible.
  4. To minimize or eliminate open water areas, use shallow permanent pool depths (2 feet or less) to allow the establishment of emergent wetland vegetation.
  5. If open water areas are necessary, specify an overhead, wire grid system and/or plastic bird balls as physical barriers to the surface water.

General Considerations for On-Site and Off-Site Stormwater Management Measures. The following considerations shall be observed in managing runoff:
1. Natural topography and land cover features such as natural swales, natural depressions, native soil infiltrating capacity, and natural groundwater recharge areas shall be preserved and used, to the extent possible, to meet the requirements of this section.
2. Emergency overland flow for all stormwater facilities shall be provided to prevent exceeding the safe capacity of downstream drainage facilities and prevent endangerment of downstream property or public safety.
3. BMPs for water quantity management shall utilize the following techniques, in order of preference:
  1. Preservation of the natural features of development sites, including natural storage and infiltration characteristics;
  2. Preservation of existing natural streams, channels, and drainage ways;
  3. Minimization of new impervious surfaces;
  4. Conveyance of stormwater in open vegetated channels;
  5. Construction of structures that provide both quantity and quality control, with structures serving multiple sites being preferable to structures serving individual sites; and
  6. Construction of structures that provide only quantity control, with structures serving multiple sites being preferable to structures serving individual sites.
Location and Regional Treatment Option.
1. The BMPs may be located on-site or off-site as part of a regional stormwater device, practice or system within the same watershed.
2. Runoff within a non-navigable drainage way that flows into a BMP, such as a wet pond, is not required to meet water quality performance standards unless designed to provide treatment.
3. The discharge of runoff from a BMP, such as a wet pond, or after a series of such BMPs, is subject to this chapter.
4. 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 Wauwatosa and that contains management requirements consistent with the purpose and intent of this chapter.
  2. The off-site facility meets all of the following conditions:
    1. The facility is in place.
    2. The facility is designed and adequately sized to provide a level of stormwater control equal to or greater than that which would be afforded by on-site practices meeting the performance standards of this chapter.
    3. The facility has a legally obligated entity responsible for its long-term operation and maintenance.
5. 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.
Alternate Requirements. The city engineer may establish stormwater management requirements more stringent than those set forth in this section if the city engineer determines that an added level of protection is needed to protect sensitive resources.
Credit for Removal of Impervious Surfaces.
1. Same Site Credit. The city engineer may use the removal of pavement, covered structures or other impervious surfaces at the same property to calculate the net post construction impervious acreage and corresponding water quantity management duties. Credit may equal, but not be larger than the acreage of impervious surfaces removed when runoff release rates and detention are the best management practices utilized at the site. When best management practices with a higher order of preference are utilized in lieu of detention, equivalent credit may be granted as determined by the city engineer with the concurrence of the MMSD. Credit for reducing impervious surfaces at a site, not utilized by the development on the site, belongs to the city engineer and may be banked for allocation to other development within the watershed under subparagraph 8.b, below.
2. Dispersed Site in Same Watershed Credit. The city engineer may bank the removal of impervious surfaces, which individually must be one-half acre or more, within the same watershed, where the volume, timing and peak flow of runoff will be distributed over the critical time sufficient to assure the level of protection provided by MMSD flood abatement projects will not be reduced. The city engineer may allocate banked credit to promote a policy of smart growth. The total acreage banked or allocated, or both, shall be reported, by watershed or sub-watershed, annually to the MMSD for concurrence.

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. Any responsible party desiring a permit shall submit to the city engineer a permit application made on a form provided by the city engineer for that purpose.
  1. Unless expressly exempt, a permit application must be accompanied by a stormwater management plan, a maintenance agreement and a nonrefundable permit fee.
  2. The stormwater management plan shall be prepared to meet the requirements of Section 24.13.040G. and Section 24.13.040I., the maintenance agreement shall be prepared to meet the requirements of Section 24.13.040J., the financial guarantee shall meet the requirements of Section 24.13.040K., and fees shall be set forth in the consolidated fee schedule adopted annually by the common council.
3. Review and Approval of Permit Application. In addition to the review and approval required by other governmental bodies which may have jurisdiction over this activity, the city engineer shall review any permit application that is submitted with a stormwater management plan, maintenance agreement, and the required fee, as follows:
  1. Within fifteen business days of the receipt of a complete permit application, the city engineer shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this chapter.
  2. If the stormwater permit application, plan and maintenance agreement are approved, or if an agreed upon payment of fees in lieu of stormwater management practices is made, the city engineer shall issue the permit.
  3. If the stormwater permit application, plan or maintenance agreement is disapproved, the city engineer shall detail in writing the reasons for disapproval.
  4. The city engineer may request additional information from the applicant. If additional information is submitted, the city engineer shall have fifteen additional business days from the date the additional information is received to inform the applicant that the plan and maintenance agreement are either approved or disapproved.
4. Permit Requirements. All permits issued under this chapter shall be subject to the following conditions, and holders of permits issued under this chapter shall be deemed to have accepted these conditions. The 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 Section 24.13.040N.
  1. Compliance with this permit does not relieve the responsible party of the responsibility to comply with other applicable federal, state, and local laws and regulations.
  2. The responsible party shall design and install all structural or identify nonstructural stormwater management measures, or both, in accordance with the approved stormwater management plan and this permit.
  3. The responsible party shall notify the city engineer at least five business days before commencing any work in conjunction with the five days upon completion of the stormwater management practices. If required as a special condition under subsection 5 (below) the responsible party shall make additional notification according to a schedule set forth by the city engineer so that practice installations can be inspected during construction.
  4. Practice installations required as part of this section shall be certified "as built". 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.
  5. The responsible party shall maintain all stormwater management practices until the responsibility is transferred to any subsequent owners as specified in the approved maintenance agreement.
  6. 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 Subchapter VII of Chapter 66, Wisconsin Statutes, or to charging such costs against the financial guarantee posted under Section 24.13.040K.
  7. If so directed by the city engineer, the responsible party shall repair at the responsible party's own expense all damage to adjoining municipal facilities and drainage ways caused by runoff, where such damage is caused by activities that are not in compliance with the approved stormwater management plan.
  8. The responsible party shall permit property access to the city engineer for the purpose of inspecting the property for compliance with the approved stormwater management plan and this permit.
  9. Where site development or redevelopment involves changes in direction, increases in the peak rate or the total volume of runoff, the city engineer may require the responsible party to make appropriate legal guarantees concerning the prevention of endangerment to property or public safety.
5. Permit Conditions. Permits issued under this subsection may include reasonable and necessary conditions established by city engineer in addition to the requirements needed to meet the performance standards in Section 24.13.040G. or a financial guarantee as provided for in Section 24.13.040K.
6. Permit Duration. Permits issued under this section shall be valid from the date of issuance through the date the city engineer notifies the responsible party that all stormwater management practices have passed the required final inspection.
Stormwater Management Plan.
1. Plan Requirements. The stormwater management plan required under Section 24.13.040I. shall contain at a minimum the following information:
  1. Name, address, and telephone number for the following or their designees: landowner; developer; project engineer or appropriate licensed professional for practice design and certification; person(s) responsible for installation of stormwater management practices; and person(s) responsible for maintenance of stormwater management practices prior to the transfer, if any, of maintenance responsibility to another party.
  2. A proper legal description of the property proposed to be developed, referenced to the U.S. Public Land Survey system or to block and lot numbers within a recorded land subdivision plat.
  3. Pre-development site conditions, including:
    1. One or more site maps at a scale of not less than one inch equals two hundred 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 regional flood (the one percent probability storm event) floodplain; location of wells and wellhead protection areas covering the project area and delineated pursuant to Section 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).
  4. 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 one hundred (100) feet showing the following: post-construction pervious areas including vegetative cover type and condition; impervious surfaces including all buildings, structures, and pavement; post-construction topographic contours of the site at a scale not to exceed two (2) feet; post-construction drainage network including enough of the contiguous properties to show runoff patterns onto, through, and from the site; locations and dimensions of drainage easements; locations of maintenance easements specified in the maintenance agreement; flow path and direction for all stormwater conveyance sections; location and type of all stormwater management conveyance and treatment practices, including the on-site and off-site tributary drainage area; location and type of conveyance system that will carry runoff from the drainage and treatment practices to the nearest adequate outlet such as a curbed street, storm drain, or natural drainage way; watershed boundaries used in hydrology and pollutant loading calculations and any changes to lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site.
    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). The plan shall include a table summarizing the drainage area, pre-project and post-project loadings and removal efficiencies for each treatment practice. If the project includes off-site drainage areas, those areas shall be incorporated into the modeling to determine treatment practice effectiveness but shall be listed separately in the table. A development cannot take credit for off-site areas and reductions without a written agreement from the off-site landowner(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.
  5. A description and installation schedule for the stormwater management practices needed to meet the performance standards in Section 24.13.040G.
  6. A maintenance plan developed for the life of each stormwater management practice including the required maintenance activities and maintenance activity schedule, which plan shall be acknowledged in writing by the owner of the property which is the subject of such plan.
  7. Cost estimates for the construction, operation, and maintenance of each stormwater management practice.
  8. Plan submittal shall include a digital version of the WinSLAMM *.mdb file(s) and a digital representation of post-construction drainage area(s) tributary to each individual treatment practice in ESRI GIS Shapefile or Geodatabase format, Autodesk AutoCAD (*.dwg), or other format approved by the City.
  9. Other information requested in writing by the city engineer to determine compliance of the proposed stormwater management measures with the provisions of this chapter.
  10. All site investigations, plans, designs, computations, and drawings shall be certified by an appropriate licensed professional 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 under Section 24.13.040G.
Maintenance Agreement.
1. Required. The maintenance agreement required under Section 24.13.040I.f. 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 or a memorandum thereof shall be filed with the Milwaukee 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. Required Provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by Section 24.13.040I.1.f.
  1. Identification of the stormwater facilities and designation of the drainage area served by the facilities shown on an exhibit.
  2. A schedule for regular inspection and maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under Section 24.13.040I.
  3. Identification of the party(s) responsible for long term maintenance of the stormwater management practices identified in the stormwater management plan required under Section 24.13.040I.
  4. Requirement that the responsible party(s) shall maintain stormwater management practices in accordance with the schedule included in paragraph b, above.
  5. An inspection form to be used by responsible party(s) while conducting routine inspections at the frequency and schedule defined in the maintenance agreement.
  6. Requirement that inspection records and documentation of maintenance activities is reported to the city engineer annually.
  7. Authorization for the city engineer, its designee and the Milwaukee Metropolitan Sewerage District 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.
  8. Agreement that the party designated under paragraph c. (above), 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.
  9. Authorization of the city engineer to perform the corrected actions identified in the inspection report if the responsible party designated under paragraph c. (above) 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 Subchapter VII of Chapter 66, Wisconsin Statutes.
Financial Guarantee.
1. Establishment. The city engineer may require the submittal of a financial guarantee, in the form of a performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantee acceptable to the city engineer and approved by the city attorney. 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:
  1. The city engineer shall release the portion of the financial guarantee established under this section, less any costs incurred by the city engineer to complete installation of practices, upon submission of "as built plans" by an appropriate licensed professional.
  2. The city engineer may make provisions for a partial pro-rata release of the financial guarantee based on the completion of various development stages.
  3. 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.
Fee Schedule. The fees referred to in other sections of this chapter shall be set forth in the consolidated fee schedule adopted annually by the common council.
Enforcement.
1. Any land disturbing construction activity or post-construction runoff initiated after the original effective date of this chapter by any person subject to the ordinance 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 of any noncomplying land disturbing construction activity or post-construction runoff. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, or additional enforcement action which may be taken. Any technique that effectively provides actual and verifiable notice may be used.
3. Upon receipt of written notification from the city engineer under subsection (2), the responsible party shall correct work that does not comply with the storm water management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the city engineer in the notice.
4. If the violations are likely to result in damage to properties, public facilities, or waters of the state, the city engineer may enter the land and take corrective actions necessary to prevent such damage. The costs incurred by the city engineer plus interest and legal costs shall be paid by the responsible party.
5. If the city engineer determines that any person is in violation of this chapter or a stormwater permit, the director may issue a notice of violation, a stop work order, a cease and desist order, or revoke the permit, or refer the noncompliance to the city attorney for civil enforcement, penalties, injunctive orders or other appropriate relief.
6. Every violation of this chapter is a public nuisance. Any person who violates this chapter shall be subject to a forfeiture of not less than ten dollars or more than two thousand dollars per offense, together with the costs of prosecution. Each day each violation continues shall constitute a separate offense.
7. 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.
8. When the city engineer determines that the holder of a permit issued pursuant to this chapter has failed to follow practices, or has failed to comply with schedules in a 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 plan. The city engineer shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to Section 24.13.040K. 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.
Appeals. The Wauwatosa Common Council hereby elects that provisions of this chapter are not governed by the procedures of Chapter 68, Wisconsin Statutes, and provides for appeals as follows:
1. Board of Zoning Appeals. The board of zoning appeals shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the city engineer in administering stormwater quality or quantity duties. The board may authorize variances that are not contrary to the public interest, and where owing to special conditions unique to the property, a literal enforcement would be an unnecessary hardship.
2. Who May Appeal. Appeals to the board of zoning appeals may be taken by any aggrieved person or by an officer, department, board, or bureau of the City of Wauwatosa affected by any decision of the city engineer.
Illicit Connections and Discharges.
1. The following definitions shall be applicable in this subsection:
  1. "Illicit connection" means any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including, but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been allowed, permitted, or approved by a government agency, prior to the adoption of this chapter.
  2. "Person" means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
  3. "Storm drain system" means publicly-owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and humanmade or altered drainage channels, reservoirs, and other drainage structures.
2. Illicit Connections and Discharges Prohibited.
  1. No person shall discharge, spill or dump substances or materials which are not entirely composed stormwater into receiving bodies of water or onto driveways, sidewalks, parking lots or other areas that drain into the storm drainage system.
  2. The construction, use, maintenance or continued existence of illicit connections to the storm drainage system is prohibited. This prohibition expressly includes, without limitation, illicit connections made prior to the adoption of this chapter, regardless of whether the connections was permissible under law or practice applicable or prevailing at the time of connection.
  3. The following activities are exempt from the provisions of this section unless found to have an adverse impact on the stormwater:
    1. Discharges authorized by a permit issued by the Wisconsin Department of Natural Resources.
    2. Discharges resulting from firefighting activities.
    3. Discharges from uncontaminated ground water, potable water source, roof drains, foundation drain and sump pump, air conditioning condensation, springs, lawn watering, individual residential car washing, water main and hydrant flushing and swimming pools if the water has been dechlorinated.
  4. Whenever the City of Wauwatosa finds a person has violated a prohibition or failed to meet a requirement of this section, the City of Wauwatosa may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
    1. The elimination of illicit connections or discharges;
    2. That violating discharges, practices, or operations shall cease and desist;
    3. The abatement or remediation of stormwater pollution or contaminated hazards and the restoration of any affected property;
    4. In the event the person fails to eliminate the illicit connects or discharge, fails to cease and desist in discharge, practices or operations in violation of this section or fails to abate or remediate the stormwater pollution or contamination hazards, that person may be subject to a forfeiture of not less than fifty dollars nor more than five hundred dollars for each offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.

HISTORY
Adopted by Ord. O-16-14 pt. I on 5/3/2016
Amended by Ord. O-16-39 pts. III—XXII on 12/6/2016
Amended by Ord. Default on 10/22/2024

Table 13.040-2. qc> 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